GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 1205*
Appropriations Committee Substitute Adopted 7/22/92

Short Title:  Capital Improvements/1992.	(Public)
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Sponsors:
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Referred to:  
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June 4, 1992

A BILL TO BE ENTITLED
AN ACT TO MODIFY THE CAPITAL IMPROVEMENTS APPROPRIATIONS FOR NORTH CAROLINA FOR THE 1992-93 FISCAL YEAR, TO MAKE OTHER CHANGES IN THE BUDGET OPERATION OF THE STATE, AND TO MAKE TECHNICAL CORRECTIONS NECESSARY TO EFFECT THE BUDGET OPERATION OF THE STATE.
The General Assembly of North Carolina enacts:

PART 1.  INTRODUCTION

Section 1.  The appropriations made by the 1992 General Assembly for capital improvements are for constructing, repairing, or renovating State buildings, utilities, and other capital facilities, for acquiring sites for them where necessary, and for acquiring buildings and land for State government purposes.

PART 2.  TITLE

Sec. 2.  This act shall be known as "The Capital Improvements Appropriations Act of 1992".

PART 3.  PROCEDURES FOR DISBURSEMENTS

Sec. 3.  The appropriations made by the 1992 General Assembly for capital improvements shall be disbursed for the purposes provided by this act.  Expenditure of funds shall not be made by any State department, institution, or agency, until an allotment has been approved by the Governor as Director of the Budget.  The allotment shall be approved only after full compliance with the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes.  Prior to the award of construction contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Director of the Budget shall approve the elements of the method of financing of those projects including the source of funds, interest rate, and liquidation period.  Provided, however, that if the Director of the Budget approves the method of financing a project, he shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.
Where direct capital improvement appropriations include the purpose of furnishing fixed and movable equipment for any project, those funds for equipment shall not be subject to transfer into construction accounts except as authorized by the Director of the Budget.  The expenditure of funds for fixed and movable equipment and furnishings shall be reviewed and approved by the Director of the Budget prior to commitment of funds.
Capital improvement projects authorized by the 1992 General Assembly shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided, except as otherwise provided in this act.

PART 4.  CAPITAL IMPROVEMENTS/GENERAL FUND

Sec. 4.  Appropriations are made from the General Fund for the 1992-93 fiscal year for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:

Department of Administration
(Total)	$8,555,600
1.	New Revenue Building Equipment and
  Furnishings	4,978,900
2.	Museum of History-Exhibits,
  Furnishings and Equipment	2,963,700
3.	Museum of History-N.C. Sports Hall
  of Fame	475,000
4.	Acquisition of Charlotte Johnson 
  Property-State Government Complex	138,000

Department of Agriculture
(Total)	10,250,000
1.	New Agronomic Lab	7,500,000
2.	Tidewater Research and Extension Center
  Restore Funding for completion of the Center	1,000,000
3.	Museum of Natural Science - Planning	750,000
	4.	Piedmont Triad Farmers Market - Restore
Funding	500,000
5.	Southeastern Farmers Market - Partially
Restore Funding for Shipping Point
  Facility	500,000

Department of Crime Control and Public Safety
(Total)	615,000
1.	Fayetteville Armory
  Requirements	2,295,000
  Receipts-Federal & Local	1,980,000
  State Appropriation	315,000
2.	National Guard-Underground Storage
  Tanks-EPA Requirements	300,000

Department of Cultural Resources
(Total)	795,000
1.	Art Museum-Amphitheater
  Requirements	1,476,800
  Receipts-Donations	1,476,800
  State Appropriations	  -  
2.	State Museum of the Albemarle - Restore
Funding to Continue Development	150,000
3.	Thomas Wolfe Memorial - Visitor's Center	645,000

Department of Environment, Health, and Natural Resources
(Total)	12,949,400
1.	N.C. Zoo - Final Phase of North America
  Requirements	6,887,800
  Receipts - Private	       1,061,800
  State Appropriation	5,826,000
2.	Water Resources Development Projects-
Matching Funds 	5,680,000
3.	County Forestry Headquarters-Equipment/
Office Buildings-Warren County	228,300
                 -Cumberland County	215,100
4.	State Parks-Land Purchases	500,000
           -Repairs and Renovations	500,000

Department of Human Resources
(Total)	13,251,800
1.	Murdoch Center-Meadowview Cottage
Renovation 	1,546,500
2.	Dix Campus-Male Wing Renovation	3,004,600
3.	Umstead Hospital-New Psychiatric Unit	7,499,700
4.	Western Carolina Center
a. Reroof Walkways	699,800
	b. Boiler Replacement	201,200
5.	Eastern Regional Vocational Rehabilitation
Facility - Repairs and Renovations	300,000

Department of Justice
(Total)	1,537,745
1.	State Bureau of Investigation-Critical
Lab Repairs & Renovations	845,300
2.	Justice Academy-Repairs & Renovations	692,445

University Board of Governors
(Total)	26,452,300
1.	North Carolina State University
a. Centennial Center-Restore Funds for
Site Preparation   	2,000,000
b. Hazardous Waste Facility	2,722,300
c. Engineering Graduate Research
Center - Phase I	2,200,000
d. Castle Hayne Horticultural Research
Station-Restore Funds for Greenhouse
and Support Facility	350,000
e. 4-H Camps-Repairs and Renovations	200,000
2.	University of North Carolina at Chapel
Hill - School of Social Work	9,800,000
3.	Fayetteville State University - Indoor
Health and Physical Education Facility	8,880,000
4.	East Carolina University - Complete
Advance Planning for Joyner Library
Addition	300,000

Community Colleges
1.	Anson/Stanly - Restore funds for Union County
  Satellite	930,000

Office of State Budget & Management
(Total)	19,746,150
1.	Reserve for Repairs & Renovations-Statewide	17,746,150
2.	Critical School Facility Needs Fund - To
  correct a discrepancy in the manner in
  which grants were made from this fund	2,000,000

TOTAL CAPITAL IMPROVEMENTS/GENERAL FUND	$94,939,595

PART 4A.  NONRECURRING APPROPRIATIONS/GENERAL FUND

Sec. 4.1.  Appropriations are made from the General Fund for the 1992-93 fiscal year for use by the State departments, institutions, and agencies to provide for one-time expenditures according to the following schedule:

1.	UNC Board of Governors:
a. Funds to link Appalachian State University,
  UNC-Wilmington to CONCERT Communications
  Network operated by MCNC.	$ 1,645,000
b. North Carolina State University-Patent
  Research Funds.	97,000
c.North Carolina State University-
  Study of cleanup requirements for 
  former disposal site for hazardous
  waste near Carter-Finley stadium and
  reimbursement to EPA - Consent
  agreement	600,000
2.	Community Colleges:
	a. Funds to purchase equipment and books.	5,000,000
b. Nursing Diploma Program Funds.	281,650
3.	Cultural Resources:
  Grants for local arts/historic sites.	295,000
4.	Department of Public Instruction:
Funds to purchase equipment for end
of year/end of course testing.	1,700,000
5.	Environment, Health, and Natural Resources:
a. Governor's Waste Management Board:
  To provide a $100,000 technical assistance
  grant to Richmond, Chatham, and Wake
  Counties for their site designation
  review committee.	300,000
b. On-Site Wastewater-Support for studying
  on-site wastewater systems and
  demonstration projects.	50,000
6.	Department of Human Resources:
a. Head Start Program - Provide grants
  for new capital construction and for
  capital improvements to existing facilities
(up to $40,000 for each of the 44 existing
  programs).	1,760,000
b. Vocational Rehabilitation Facilities -
  Funds for capital needs at community-based
  facilities that operate vocational rehabili-
  tation services or Adult Developmental Activity
  Programs (ADAP). $305.00 per slot for 6,495
  slots.	1,980,975
c. Mental Health-First Step Farm for
  Women-Start-up Costs	202,880
d. Rural Health Recuitment Funds-Stipends
  for general medicine residents who serve
  underserved areas of the State	200,000
e. Mental Health Facility Funds-Grants to
  Area Mental Health progams up to a
  maximum of $200,000 per grant. Requires
  $1 for $1 county matching funds and
  departmental approval of applications	2,000,000
7.	Department of Economic and Community
Development:
Industrial Building Renovation
Fund - Continue economic assistance to local
units of government.	750,000
8.	Department of Agriculture:
a. Provide for the development of a
Grassroots Science Program by the Museum
of Natural Sciences to serve local museums
and nature centers (one-time
grant-in-aid of $50,000 to each of the
State's nine science museums).	450,000
b. Grant-in-aid to the Eastern N.C.
Agricultural Center	300,000
9.	Board of Elections:
One-time appropriation for support for
mail registration.	39,500
10.	Office of State Budget and Management:
a. Reserve for expenses involved in moving
the Departments of Education, Revenue, and
Secretary of State and the Office of State
Construction and Office of State
Controller	1,000,000
b. Center for Community Self-Help
Funds for Statewide Lending program for
small businesses and economic development
in rural, depressed, and disadvantaged
communities	2,000,000
c. N.C. Equity - Grant-in-aid for support
of health and economic development
activities	65,000
d. Housing Trust Funds - Support to
provide housing for persons of very low,
low, and moderate income ($1,000,000 from
petroleum overcharge funds)	2,000,000
e. Reserve for the implementation of
federal OSHA standards regarding
bloodborne pathogens	1,000,000

TOTAL NONRECURRING/GENERAL FUND	$ 23,717,005

GRAND TOTAL GENERAL FUND	$118,800,000

PART 5.  OFFICE OF STATE BUDGET AND MANAGEMENT

Requested by:   Senators Basnight, Plyler
LOCAL WATER/SEWER FUNDS
Sec. 5.  (a)	Notwithstanding the provisions of Sections 3 and 28 of Chapter 689 of the 1991 Session Laws, the Office of State Budget and Management shall transfer four million four hundred thousand dollars ($4,400,000), from the funds appropriated to the Reserve for Reimbursements to Local Governments and Shared Tax Revenues for the 1992-93 fiscal year, to the Clean Water Revolving Loan and Grant Fund created in G.S. 159G-5.
(b)	Notwithstanding the provisions of G.S. 105-116, the Secretary of Revenue shall reduce the amount to be transferred to municipalities on or before December 15, 1992, pursuant to G.S. 105-116(d), by an amount equal to three million three hundred thousand dollars ($3,300,000).  The Secretary of Revenue shall allocate this reduction on a pro rata basis among the municipalities entitled to receive a quarterly installment pursuant to G.S. 105-116(d) on or before December 15, 1992.
(c)	Notwithstanding the provisions of G.S. 105-113.82, the Secretary of Revenue shall reduce the amount to be distributed to counties and cities for the 1992-93 fiscal year pursuant to G.S. 105-113.82 by an amount equal to one million one hundred thousand dollars ($1,100,000).  The Secretary of Revenue shall allocate this reduction on a pro rata basis among the counties and cities entitled to receive a distribution pursuant to G.S. 105-113.82 for the 1992-93 fiscal year.
(d)	The General Assembly finds that the purpose of the allocation provided in this section is to meet the funding needs of local governments for water supply and wastewater treatment facilities, as requested by local governmental units.

Requested by:   Senators Basnight, Plyler
REPAIRS AND RENOVATIONS/OLD EDUCATION AND REVENUE BUILDINGS
Sec. 6.  The Joint Legislative Commission on Governmental Operations may study and make recommendations to the Office of State Budget and Management and to the Office of State Construction of the Department of Administration on repairs and renovations to the Old Education and Old Revenue Buildings.  In conducting its study, the Commission shall make recommendations pertaining to the following:
(1)	The amount to be expended from the Reserve for Repairs and Renovations for expediting the relocation of State agencies currently occupying leased space into the Old Education and Old Revenue Buildings;
(2)	Which of the State agencies currently occupying leased space should be moved into the Old Education and Old Revenue Buildings;
(3)	The extent to which repairs and renovations are needed immediately and those that may be needed in the future, and whether such repairs and renovations may be phased in over a period of time; and
(4)	Any other recommendations the Commission deems appropriate for ensuring that repairs and renovations to the Old Education and Old Revenue Buildings are carried out expeditiously and efficiently.

Requested by:  Senator Perdue
PERFORMANCE AUDIT RESERVE
Sec. 6.1.  The Office of State Budget and Management shall transfer the sum of five hundred thousand dollars ($500,000) for the 1992-93 fiscal year from funds appropriated to the Reserve for Repairs and Renovations to the General Assembly for a reserve fund for the Government Performance Audit Committee, established pursuant to Section 347 of Chapter 689 of the 1991 Session Laws.

Requested by:  Senator Martin of Guilford
NORTH CAROLINA EQUITY/FUND REQUIREMENTS
Sec. 6.2. (a)	Funds appropriated in this act to the Office of State Budget and Management for a grant-in-aid to North Carolina Equity shall not be used by North Carolina Equity for engaging in advocacy or lobbying activities to support or oppose legislation proposed, pending, or otherwise under consideration by the General Assembly or any of its study committees or commissions. This section shall not prohibit representatives of North Carolina Equity from testifying before or providing information requested by the General Assembly or any of its study committees or commissions.
(b)	North Carolina Equity shall report quarterly to the Joint Legislative Commission on Governmental Operations on the use of funds allocated to it under this act.

Requested by:  Senators Basnight, Plyler
BUDGET REFORM STATEMENTS/APPROPRIATIONS ADJUSTMENTS
Sec. 6.3.  The General Fund appropriations availability upon which the modifications contained in this act to the General Fund budget for the 1992-93 fiscal year are based is one hundred eighteen million eight hundred thousand dollars ($118,800,000).  This amount is comprised of the following components:
(1)	1991-92 Revenue Collections:
a.  Budgeted	$ 7,647,025,000
b.  Actual (latest estimate)	7,638,025,000
c.  Difference	(9,000,000)
(2)	1991-92 Unexpended Appropriations
a.  Reversions	   169,000,000
Estimated June 30, 1992 Credit
Balance	160,000,000

(3)	Earmarked for Savings Reserve	(40,000,000)
(4)	Credit Balance used in Chapter
900, 1991 Session Laws	(1,200,000).

PART 6.  GENERAL ASSEMBLY

Requested by:   Senators Basnight, Plyler
EXTENSION OF THE TERRITORIAL JURISDICTION OF THE LEGISLATIVE SERVICES COMMISSION
Sec. 7.  (a) G.S. 120-32.1 reads as rewritten:
"§ 120-32.1. Use and maintenance of buildings and grounds.
(a)	The Legislative Services Commission shall:
(1)	Establish policy for the use of the State legislative buildings and grounds;
(2)	Maintain and care for the State legislative buildings and grounds, but the Commission may delegate the actual work of the maintenance of those buildings and grounds to the Department of Administration, which shall perform the work as delegated;
(3)	Provide security for the State legislative buildings and grounds;
(4)	Allocate space within the State legislative buildings and grounds; and
(5)	Have the exclusive authority to assign parking space in the State legislative buildings and grounds.
	(b)	The Legislative Administrative Officer shall have posted the rules adopted by the Legislative Services Commission under the authority of this section in a conspicuous place in the State Legislative Building and the Legislative Office Building.  The Legislative Administrative Officer shall have filed a copy of the rules, certified by the chairman of the Legislative Services Commission, in the office of the Secretary of State and in the office of the Clerk of the Superior Court of Wake County. When so posted and filed, these rules shall constitute notice to all persons of the existence and text of the rules.  Any person, whether on his own behalf or for another, or acting as an agent or representative of any person, firm, corporation, partnership or association, who knowingly violates any of the rules adopted, posted and filed under the authority of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment.  Any person, firm, corporation, partnership or association who combines, confederates, conspires, aids, abets, solicits, urges, instigates, counsels, advises, encourages or procures another or others to knowingly violate any of the rules adopted, posted and filed under the authority of this  section is guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment in the discretion of the court, or by both such fine and imprisonment.
(c)	”The Legislative Services Commission may cause to be removed at the owner's expense any vehicle parked in the State legislative buildings and grounds in violation of the rules of the Legislative Services Commission and may cause to be removed any vehicle parked in any State-owned parking space leased to an employee of the General Assembly where the vehicle is parked without the consent of the employee to whom the space is leased.
(d)	For the purposes of this section, the term ‘State legislative buildings and grounds' means:
(1)	At all times:
a.	The State Legislative Building and the area between outer walls of the State Legislative Building and the near curbline of those sections of Jones, Wilmington, Lane, and Salisbury Streets which border land on which the State Legislative Building is situated;
b.	The Legislative Office Building and the areas between its outer walls and the near curbline of those sections of Lane and Salisbury Streets that border the land on which it is situated;
c.	Any State-owned parking lot which is leased to the General Assembly; and
d.	The bridge between the State Legislative Building and the State Governmental Mall.
(2)	In addition, the surface area to the far curbline of those sections of Jones, Wilmington, Lane, and Salisbury Streets which border the land on which the State Legislative Building is situated:
a.	When the General Assembly is in regular or extra session; and
b.	On other days on which one or more standing committees of either or both houses of the General Assembly are meeting and the Legislative Administrative Officer determines that additional parking is needed for the functioning of the General Assembly and files notice of the committee's or committees' meetings and his finding that additional parking is needed in the office of the Secretary of State and that of Clerk of the Superior Court of Wake County."
(b) G.S. 120-32.2 reads as rewritten:
"§ 120-32.2.  State Legislative Building special police.
All members of the State Legislative Building security force employed by the Legislative Services Office are special policemen, and within the State legislative buildings and grounds, as defined in G.S. 120-32.1(d), they shall have all the powers of policemen of cities.
””The Legislative Building security force has the exclusive authority and responsibility for enforcing the parking rules of the Legislative Services Commission."
(c)	This section becomes effective October 1, 1992, but does not affect the validity of rules adopted by the Legislative Services Commission under the prior law.

Requested by:   Senator Martin of Pitt
RAILROAD ADVISORY COMMISSION MEMBERSHIP CHANGE
Sec. 8.  Section 3.1 of Chapter 754 of the 1991 Session Laws reads as rewritten:
"Sec. 3.1.  There is created the Railroad Advisory Commission.  The Commission shall consist of 10 members, appointed as follows:
(1)	Two members appointed by the Governor, one of whom shall be knowledgeable about the railroad business and one of whom shall be an advocate of passenger rail service;
(2)	The Speaker of the House of Representatives or another member of the House of Representatives serving as the Speaker's designee, and two other members of the House of Representatives appointed by the Speaker of the House of Representatives;
(3)	The President Pro Tempore of the Senate or another member of the Senate serving as the President Pro Tempore's designee, and two other members of the Senate appointed by the President Pro Tempore of the Senate;
(4)	The Secretary of Transportation, or a member of his staff appointed by the Secretary of Transportation; and
(5)	The State Treasurer, or a member of his staff appointed by the Treasurer.
	The Attorney General or the Attorney General's designee shall also participate and attend meetings of the Commission in accordance with Section 3.12 of this Part."

Requested by:  Senator Martin of Guilford
JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS/
FARMERS MARKET STUDY/WATER RESOURCES PROJECTS STUDY
Sec. 9.  The Joint Legislative Commission on Governmental Operations may study the feasibility of funding farmers markets and water resources development projects for which appropriations have been previously requested.  The study may include but is not limited to the following:
(1)	Piedmont Triad Farmers Market,
(2)	Southeastern Farmers Market,
(3)	Northeastern Farmers Market,
(4)	Randleman Dam, and
(5)	Oregon Inlet Jetties.
The Commission may report its findings and recommendations to the 1993 General Assembly.

Requested by:  Senator Martin of Guilford
TECHNICAL CORRECTIONS/CHAPTER 900 - CURRENT OPERATIONS APPROPRIATIONS ACT OF 1992
Sec. 9.1  (a)	Section 41 of Chapter 900, 1991 Session Laws, is amended by deleting the phrase "G.S. 7A-171.1(4)”and substituting the phrase "G.S. 7A-171.1(a)(4)".
(b)	This section is effective July 1, 1992.
Sec. 9.2. (a)	Section 136(a) of Chapter 900, 1991 Session Laws, reads as rewritten:
"(a)	Of the funds appropriated in this act to the Department of Human Resources, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of nine million dollars ($9,000,000) for the 1992-93 fiscal year shall be expended in accordance with the plans developed by the Mental Health Study Commission and adopted by the General Assembly.
These funds shall be allocated as follows:
(1)	Services for the mentally ill	$3,000,000;
(2)	Services for the developmentally
disabled	
	$3,000,000;
	and
(3)	Services for substance abusers	$3,000,000.
(b)	This section is effective July 1, 1992.
Sec. 9.3.  Section 180 of Chapter 900, 1991 Session Laws, reads as rewritten:
"(a)	Except where expressly repealed or amended by this act, the provisions of Chapters 689, 742, 760, 761, and 812 of the 1991 Session Laws remain in effect.
(b)	Notwithstanding any modifications by this act in the amounts appropriated, except where expressly repealed or amended, the limitations and directions for the 1992-93 fiscal year in Chapters 689, 742, 760, 761, and 812 of the 1991 Session Laws 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:  Representatives Nesbitt, Diamont
PERFORMANCE AUDIT AUDIO AND VIDEO NETWORK STUDY
Sec. 9.4.  (a)	As part of its audit and evaluation of State Information processing and telecommunications system policy, organization, and management, the Government Performance Audit Committee shall study:
(1)	The operations of the audio, video, and data communications networks of the Department of Administration Agency for Public Telecommunications;
(2)	The operations of the audio, video, and data communications networks of the Microelectronics Center of North Carolina;
(3)	The operations of the audio and video networks of the North Carolina Center for Public Television;
(4)	The operations of the voice and data communications networks in the Office of State Controller State Telecommunications Office;
(5)	The operations of the communications networks managed by the Educational Computing Service, University of North Carolina-General Administration;
(6)	The operations of any data and video communications networks managed by the Department of Public Instruction; and 
(7)	The operations of any data and video communications networks within the Community College System.
(b)	This study shall address:
(1)	The governance structures of the networks;
(2)	The services provided by the networks;
(3)	The uses of the networks;
(4)	The alternatives for coordinating the governance, operations, oversight, and funding of the networks to keep them operating in the leading edge of technology insofar as practical and in such a manner to reduce areas of service duplication;
(5)	The need for funding KU-Band retrofitting in the facilities of the Agency for Public Telecommunications; and 
(6)	The need for purchasing and installing satellite receiving equipment in public libraries throughout the State for use with the Agency for Public Telecommunications and other information technology providers. 
(c) The Government Performance Audit Committee shall include a final report on the topics mentioned in this section, other findings, and recommendations for legislation in its final report to the 1993 General Assembly.  It shall also submit 12 copies of its report to the North Carolina Information Resources Management Commission.

PART 6.1. DEPARTMENT OF REVENUE

Requested by:  Representatives Nesbitt, Diamont
CORRECT INVENTORY TAX REIMBURSEMENT AMOUNT
Sec. 9.5.  (a)	G.S. 105-275.1(b) reads as rewritten:
"(b)	Subsequent Distributions. – As soon as practicable after January 1, 1990, the Secretary shall pay to each county and city the amount it received under subsection (a) in 1989 plus an amount equal to the county or city average rate multiplied by the value of the items described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the county or city, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practicable after January 1, 1990, the Secretary shall also pay to each county and city an amount equal to the average rate for each special district for which the county or city collected taxes in 1987, but whose tax rates were not included in the county or city's rates, multiplied by the value of the items described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the district, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practicable after January 1, 1991, except as provided in subsection (f), the Secretary shall pay to each county and city the amount it received under this section the preceding year plus an amount equal to the county or city average rate multiplied by the value of the items described in subdivision (v) of subsection (a) contained in the list submitted by the county or city, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.  As soon as practical after January 1, 1992, except as provided in subsection (f), the Secretary shall distribute to each county and city the amount it received under this section the preceding year.  On or before April 30, 1993, except as provided in subsection (f), the Secretary shall distribute to each county and city ninety-nine and eighty-one one-hundredths percent (99.81%) of the amount it received under this section the preceding year.  Thereafter, except as provided in subsection (f), on or before April 30 of each year, the Secretary shall distribute to each county and city the amount it received under this section the preceding year.
Of the funds received by each county and city pursuant to this subsection in 1990, the portion that was received because the county or city was collecting taxes for a special district (either because the district's tax rate was included in the city or county's rate or because the Secretary paid the county or city the product of the district's average rate and the value of the inventories and other items in the district) shall be distributed among the districts in the county or city as soon as practicable after the city or county receives the funds.  The county or city shall distribute to each special district in the county or city the amount it distributed to the district in 1989 plus an amount equal to the average rate for the district multiplied by the value of the items, other than inventory, described in subdivisions (ii) and (iii) of subsection (a) that were required to be listed and assessed as of January 1, 1987, and were listed on or before September 1, 1987, in the district, plus or minus the percentage of this product that equals the percentage by which State personal income has increased or decreased during the most recent 12-month period for which State personal income data has been compiled by the Bureau of Economic Analysis of the United States Department of Commerce.
Each year thereafter, as soon as practicable after receiving funds under this subsection, every county and city shall distribute among the special districts for which the county or city collects tax an amount equal to the amount it distributed among such districts the previous year.  The Local Government Commission may adopt rules for the resolution of disputes and correction of errors in the distribution among special districts provided in this subsection.  In addition, the Local Government Commission may adopt rules for the reallocation of funds when a special district is dissolved, merged, or consolidated, or when a special district ceases to levy tax, either temporarily or permanently."
(b)	G.S. 105-275.1(f) reads as rewritten:
"(f)	Correction of Errors. – If the Secretary discovers that the amount or value of any inventories or other items listed by a county or city pursuant to subsection (a) of this section was overstated or understated, the Secretary shall adjust the amount to be distributed under subsection (b) as follows.  For the distribution to be made in the year following discovery of the overstatement or understatement, the Secretary shall distribute to the county or city the amount it would have received under subsection (b) in 1993 if it had not overstated or understated the amount or value of any inventories or other items, plus the total amount it failed to receive in 1989 and subsequent years due to understatement of the amount or value of the inventories or other items, or minus the total amount it received in 1989 and subsequent years due to overstatement of the amount or value of the inventories or other items.  Thereafter, each year the Secretary shall distribute to the county or city the amount it would have received under subsection (b) in 1993 if it had not overstated or understated the amount or value of any inventories or other items."

PART 7.  DEPARTMENT OF ADMINISTRATION

Requested by:   Senator Basnight
NORTH CAROLINA AQUARIUMS COMMISSION
Sec. 10.  (a) Chapter 143B of the General Statutes is amended by adding a new Part to read:
“Part 8C.  North Carolina Aquariums Commission.
"§ 143B-390.15.  North Carolina Aquariums Commission – creation.
There is hereby created the North Carolina Aquariums Commission.
"§ 143B-390.16.  North Carolina Aquariums Commission – organization, powers, and duties.
(a)	The Commission shall consist of 12 members appointed as follows:
(1)	Three members appointed by the Governor including one member designated by the Governor to serve as chair of the Commission,
(2)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121,
(3)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, and
(4)	Three members appointed by the North Carolina Aquarium Society, Inc., each of whom resides in one of the counties where the North Carolina Aquariums are located: Carteret, Dare, and New Hanover.
(b)	Commission members shall serve for terms of four years, beginning July 1, 1992, and may be removed at any time by the appointing  authority.  If a vacancy on the Commission occurs, the appointing authority shall appoint a replacement to serve for the unexpired term.
(c)	The Commission shall meet upon the call of the chair.
(d)	The Secretary of Administration shall provide staff support for Commission activities and travel reimbursement for Commission members.
(e)	The Commission may recommend a schedule of uniform fees for the North Carolina Aquariums to the Secretary of the Department of Administration who may adopt the schedule.  The schedule may be revised from time to time by the same procedure.
(f)	The North Carolina Special Aquariums Fund, hereafter ‘Fund', is hereby created, and shall be a special and nonreverting fund.  The Fund shall be used only for repair, maintenance, and educational exhibit construction at existing aquariums.  The Fund may also be used to match private funds that are raised for these purposes.
(g)	All entrance fee receipts shall be credited to the Fund.  The Secretary of Administration may expend monies from the Fund only upon the authorization of the General Assembly."
(b) G.S. 120-123 is amended by adding a new subdivision to read:
"(59)	The North Carolina Aquariums Commission, as established by G.S. 143B-15."

PART 8.  DEPARTMENT OF CULTURAL RESOURCES

Requested by: Senator Basnight
GRANTS FOR LOCAL ARTS/HISTORIC SITES
Sec. 11.  Of the funds appropriated in this act to the Department of Cultural Resources for grants for local arts/historic sites, the sum of thirty thousand dollars ($30,000) shall be allocated to the Eastern Music Festival to support activities commemorating the thirtieth anniversary of the Festival, the sum of fifty thousand dollars ($50,000) shall be allocated to the North Carolina Shakespeare Festival for equipment and other purposes, and a sufficient sum shall be allocated for the addition of an auditorium for the Visitors Center at the Charles B. Aycock Historic Site.

PART 8.1. SALARIES AND BENEFITS

Requested by:   Senators Basnight, Plyler
SALARY INCREASE CORRECTION
Sec. 11.1.  Section 46(e) of Chapter 900 of the 1991 Session Laws reads as rewritten:
"(e)	Within regular Executive Budget Act procedures as limited by this act, all State agencies and departments shall increase on an equitable basis the rate of pay of temporary and permanent hourly State employees, subject to availability of funds in the particular agency or department, by pro rata amounts of the forty-three dollars and fifty cents ($43.50) per month salary increase provided for permanent full-time employees covered by the provisions of subsection (a) of this section, commencing July 1, 1992."

Requested by:   Senators Basnight, Plyler
WRITTEN DISCIPLINARY PROCEEDINGS
Sec. 11.2. Section 49(c) of Chapter 900, Session Laws of 1991, reads as rewritten:
"(c)	The salary increases provided in this Part are to be effective July 1, 1992, do not apply to persons separated from State service due to resignation, dismissal, reduction in force, death, or retirement, whose last workday is prior to July 1, 1992, or to employees involved in a final written disciplinary procedure.  The employee shall receive the increase on a current basis when the final written disciplinary procedure is resolved.
Payroll checks issued to employees after July 1, 1992, which represent payment for services provided prior to July 1, 1992, shall not be eligible for salary increases provided for in this act.  This subsection shall apply to all employees, subject to or exempt from the State Personnel Act, paid from State funds, including public schools, community colleges, and The University of North Carolina."

Requested by:  Senators Basnight, Block
BENEFIT ADJUSTMENTS/DISABILITY INCOME PLAN
Sec. 11.3.  Effective on and after July 1, 1992, the Department of State Treasurer and the Board of Trustees of the Teachers' and State Employees' Retirement System shall, under the same terms and conditions as appear in G.S. 135-108, increase the compensation upon which the short-term and long-term benefits are calculated by an amount equal to the same dollar amount granted to employees of the State.

PART 8.2. STATE BOARD OF ELECTIONS

Requested by:   Senator Martin of Guilford
VOTER PARTICIPATION AMENDMENTS-MAIL REGISTRATION

MAIL REGISTRATION
Sec. 11.4. (a)	Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-72.4. Registration by mail.
(a)	In addition to any other procedure provided by this Article, a person may apply by mail under this section to do any or all of the following:
(1)	Register to vote;
(2)	Change party affiliation or unaffiliated status;
(3)	Report a change of address within a county;
(4)	Report a change of name.
(b)	The State Board of Elections shall develop a registration by mail form, which shall request sufficient information to enable officials of the county where a person resides to satisfactorily process the application for any purpose permitted under subsection (a) of this section.  The State Board of Elections shall print sufficient copies of the form so that they may be publicly distributed.  Registration forms shall be available from the State Board of Elections and county boards of elections, and may be distributed by any person.  The single form shall permit all of the purposes listed under subsection (a) of this section to be carried out by filling in the appropriate information and marking boxes to indicate the action requested.
(c)	In order to be valid, the registration form shall be signed by the applicant.  To be valid for an election, the form must be postmarked at least 30 days before the election.  The application form shall request the applicant's telephone number to assist the appropriate board of elections in contacting the voter if needed in processing the application.  The application shall require the voter to state if the voter is currently registered to vote anywhere, and at what address, so that any prior registration can be cancelled.  If that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-72.2.
(d)	The application shall ask for political party affiliation and briefly explain the law relating to party affiliation with respect to voting in primary elections.
(e)	Reports received under this section of:
(1)	Change in party affiliation shall be processed as if made under G.S. 163-74(b);
(2)	Change of address within a county shall be processed as if made under G.S. 163-72.2(c); and
(3)	Change of name shall be processed as if made under G.S. 163-69.1;
except for the different deadline imposed under subsection (c) of this section.
(f)	Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.  The application shall state in clear language the penalty for violation of this subsection.
(g)	Upon receipt of any or all of the following:
(1)	An application to register;
(2)	A change of party affiliation;
(3)	A report of address change;
(4)	A report of change of name
under this section, the county board of elections shall send to the postal address on the registration form a notice of registration, or a notice of change of party affiliation, address, or name. The notice shall include an assignment of precinct and polling place, or a reminder of precinct and polling place if the voter is reporting only a change of party affiliation or name. The county board of elections shall send the notice by nonforwardable first-class mail. If the notice is returned as undeliverable, the county board of elections shall send a second nonforwardable first-class mailing.  If that notice is returned as undeliverable, the county board of elections shall cancel the registration if it has been approved and shall reject it if it has not yet been approved.
(h)	If a registration form is a duplicate of a registration already made, it shall not be processed, and the applicant shall be so notified.  The notification shall include the voter's precinct and polling place.
(i)	If the voter has listed a previous registration not in that county, the county board of elections shall treat it as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-72.1(c) through (e).
(j)	The application shall require that the applicant pay the full postage required by federal law, except that if federal law provides that it may be carried without postage, the application shall contain the appropriate franking language to allow it to be carried without postage."
(b)	Of the funds appropriated from the General Fund to the State Board of Elections in this act, the sum of seventy-seven thousand five hundred dollars ($77,500) for the 1992-93 fiscal year shall be used to implement the mail registration provisions of subsection (a) of this section.
(c)	Subsection (a) of this section becomes effective July 1, 1993.  Subsection (b) of this section is effective July 1, 1992.

Requested by:  Senator Martin of Guilford
VOTER PARTICIPATION AMENDMENTS-MOTOR VOTER

MOTOR VOTER
Sec. 11.5. (a)	G.S. 163-81 reads as rewritten:
"§ 163-81.  Driver license examiners to accept applications to register voters.
(a)	Notwithstanding any other provision of law, 
drivers license examiners are ex officio special registration commissioners for the purpose of this section.  No additional oath is required.
(b)	Special registration commissioners appointed under this section are authorized to accept applications to register persons who are qualified for registration regardless of that person's voting precinct or county of residence in the State. The special registration commissioners appointed pursuant to this section shall have the same authority to accept applications to register voters as is conferred upon registration officials in this Chapter.
(c)	The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a driver's license or special identification card issued under G.S. 20-37.7 may, on a part of the form, complete an application to register to vote or to update his registration if the voter has changed his address or moved from one precinct to another or from one county to another. Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony.  The application shall state in clear language the penalty for violation of this subsection. The necessary forms shall be prescribed by the State Board of Elections. All applications shall be forwarded by the Department of Transportation to the appropriate county board of elections.  The form must ask for the previous voter registration address of the voter, if any.  If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163-72.1(c) through (e). If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163-72.2.
Registration shall become effective as provided in G.S. 163-67(a).  Applications to register to vote accepted by a special registration commissioner under this section until the deadline established in G.S. 163-67(a) shall be treated as timely made for an election, and no person who applies to that special registration commissioner shall be denied the vote in that election for failure to apply earlier than that deadline.
(d)	The State Board of Elections is authorized to promulgate rules necessary to implement the provisions of this section."
(b)	G.S. 163-80 reads as rewritten:
"§ 163-80.  Officers authorized to register voters.
(a)	Only the following election officials shall be authorized to register voters:
(1)	Any member of a county board of elections who has been duly appointed pursuant to G.S. 163-22(c) and properly installed as required by G.S. 163-30 and 163-31.
(2)	The supervisor of elections of a county board of elections appointed pursuant to the provisions of G.S. 163-35.
(3)	Precinct registrars and judges of election appointed pursuant to the provisions of G.S. 163-41.
(4)	Special registration commissioners appointed pursuant to the authority and limitation contained in G.S. 163-41(b) , or serving ex officio pursuant to G.S. 163-81.
(5)	Full-time and salaried deputy supervisors of elections employed by the county board of elections and who work under the direct supervision of the board's supervisor of elections appointed pursuant to the provisions contained in G.S. 163-35.
(6)	Local public library employees designated by the governing board of such public library to be appointed by the county board of elections as special library registration deputies. Appointment of such deputies is mandatory for libraries covered by G.S. 153A-272; appointment is optional for other libraries. Persons appointed under this subsection shall be given the oath contained in G.S. 163-41(b), and shall be authorized to accept applications to register on those days and during those hours said special deputies are on duty with their respective libraries. If, for good and valid reasons, the local public library director shall request that the county board of elections appoint ‘replacement' special library registration deputies before the two-year term ends, the county board of elections shall do so.
(7)	Public high school employees appointed under this subdivision. A local board of education may, but is not required to, designate high school employees to be appointed by the county board of elections as special high school registration commissioners. Only employees who volunteer for this duty, and who are acceptable to the county board of elections, may be designated by boards of education. A special high school registration commissioner may register voters only while on duty as a high school employee and only at times and under arrangements approved by the local school board of education. A person appointed under this subdivision shall take the oath prescribed in G.S. 163-41(b).
(b)	All election officials authorized to register voters under authority of this section shall not be authorized to register voters who reside outside the boundaries of their respective counties except in those specific instances involving municipalities which lie within the boundaries of two or more counties and except as provided by G.S. 163-81. The State Board of Elections shall have authority to promulgate rules for the processing of voters in such instances.
(c)	All election officials authorized by this section to register voters shall register any qualified voter without regard to political party affiliation and without discrimination in any manner whatsoever.
(d)	The State Board of Elections shall promulgate rules for the proper training of those persons qualifying under this section as registrars."
(c)	Of the funds appropriated from the General Fund to the State Department of Transportation in this act, the sum of fifty-five thousand four hundred dollars ($55,400) for the 1992-93 fiscal year shall be used to implement the voter registration provisions of subsections (a) and (b) of this section.
(d)	Subsections (a) and (b) of this section become effective on January 1, 1994, or the date on which the Division of Motor Vehicles has in place the necessary equipment to enforce those sections, whichever date is earlier.  Subsection (c) of this section is effective July 1, 1992.

MANDATED ANNUAL REGISTRATION DRIVE
(e)  Article 7 of Chapter 163 of the General Statutes is amended by adding a new section to read:
"§ 163-82.  Mandated registration drive.
The Governor shall proclaim as Citizens Awareness Month the month designated by the State Board of Elections during every even-numbered year. During that month, the State Board of Elections shall initiate a statewide voter registration drive and shall adopt rules under which county boards of elections shall conduct the drives.  Each county board of elections shall participate in the statewide registration drive in accordance with the rules adopted by the State Board."
(f)  Subsection (e) of this section becomes effective January 31, 1993.

PART 9.  PUBLIC SCHOOLS

Requested by:  Senator Basnight
SCHOOL CRITICAL NEEDS FUNDS
Sec. 12.  The General Assembly finds that when the Commission on School Facility Needs established a schedule in 1988 for making grants from the Critical School Facility Needs Fund, in accordance with G.S. 115C-489.2(b), the data, although lawful, that the Commission used to determine per capita income was not the most current data available at the time that the Commission established the schedule.  As a result of discrepancies in the data, the Tyrrell County School Administrative Unit was ranked 57th on the schedule instead of 32nd, and the Tyrrell County School Administrative Unit has not received the grant it would have received had the most current data been used.  To remedy this problem, funds are appropriated in this act from the General Fund to the Office of State Budget and Management for the Critical School Facility Needs Fund in the sum of two million dollars ($2,000,000) for the 1992-93 fiscal year for a grant for the Tyrrell County Schools.

Requested by: Senator Hunt
OUTCOME-BASED EDUCATION PILOT SITE SELECTION
Sec. 13.  G.S. 115C-238.14(e) reads as rewritten:
"(e)	The State Board of Education shall select four of the project sites no later than June 15, 1992.  The State Board shall base its decision on the local school administrative units' plans for, ability to, and commitment to complying with the requirements for local programs set out in subsection (c) of this section.
Because there is not enough time for the State Board of Education to select the additional two pilot sites authorized by the 1992 Regular Session of the 1991 General Assembly and for those two sites to begin implementation of the program during the 1992-93 school year, the remaining two pilot sites are hereby designated as the sites recommended to the Board by the State Superintendent at its regular July meeting."

Requested by:  Senator Conder
EDUCATION STAFFING CLARIFIED
Sec. 13.1  (a)	G.S. 115C-21(a)(7), as enacted by Section 6(g) of Chapter 812 of the 1991 Session Laws, reads as rewritten:
"(7)	To have solely under his direction and control all matters relating to provision of staff services and support to the State Board of Education, including implementation of federal programs on behalf of the State Board of Education, except as otherwise provided in the Current Operations Appropriations Act."
(b)	This section is effective upon ratification.

Requested by:  Senator Conder
COMPUTER REPLACEMENT FUNDS
Sec. 13.2  The State Board of Education may use up to one million four hundred thousand dollars ($1,400,000) of the funds appropriated to the Department of Public Education for aid to local school administrative units for the 1992-93 fiscal year to replace computer hardware used to implement the Uniform Education Reporting System at the 30 local school administrative units that are using obsolete computers.

PART 10.  COMMUNITY COLLEGES

Requested by: Senator Richardson
ASSISTANCE TO HOSPITAL NURSING/FUND DISTRIBUTION CONTINUED
Sec. 14.  (a)	Funds appropriated in this act to the Department of Community Colleges to provide financial assistance to hospital programs of nursing education leading to diplomas in nursing that are fully accredited by the North Carolina Board of Nursing and operated under the authority of a public or nonprofit hospital licensed by the North Carolina Medical Care Commission shall be distributed, upon application for financial assistance, for each full-time student duly enrolled in the program as of December 1, 1991, and on condition that accreditation is maintained.  The amount per student shall not exceed eight hundred fifty dollars ($850.00).  The State Board of Community Colleges shall adopt rules to ensure that this financial assistance is used directly for faculty and instructional needs of diploma nursing programs.  These funds shall not be included in the 1993-95 continuation budget request.
(b) This section expires June 30, 1993.

PART 11.  COLLEGES AND UNIVERSITIES

Requested by:  Senator Basnight
HIGH DENSITY POLYESTER PATENT RESEARCH AND TECHNOLOGY TRANSFER COMPLETION
Sec. 15.  Of the funds appropriated to the Board of Governors of The University of North Carolina in this act, the sum of ninety-seven thousand dollars ($97,000) shall be allocated to North Carolina State University for completion of the research and technology transfer of high density polyester for which patent applications are pending.  These funds shall be repaid to the General Fund from royalties paid the North Carolina State University Patent Reserve Fund from the companies licensed to use the patents.

Requested by: Senator Basnight
ELIZABETH CITY STATE UNIVERSITY SCHOLARSHIPS
Sec. 16.  The Incentive Scholars Program for students at Elizabeth City State University shall be subject to the same rules and regulations established by the Board of Governors of The University of North Carolina for the Incentive Scholars Programs at other constituent institutions.

Requested by:  Senator Conder
NORTH CAROLINA STATE UNIVERSITY ENGINEERING GRADUATE RESEARCH CENTER/FUNDING
Sec. 16.1.  Funds appropriated in this act for the Engineering Graduate Research Center at North Carolina State University may be used with previously appropriated funds to begin Phase I site development and foundation construction on this facility.

PART 12.  DEPARTMENT OF TRANSPORTATION

Requested by:   Senator Goldston
1992 CAPITAL CONSTRUCTION MODIFICATIONS
Sec. 17.  Section 236.1 of Chapter 689 of the 1991 Session Laws reads as rewritten:
"Sec. 236.1.  Appropriations are made from the Highway Fund for the 1991-92 fiscal year and the 1992-93 fiscal year for use of the Department of Transportation to provide for capital improvement projects according to the following schedule:

DIVISION OF HIGHWAYS

	1991-92	1992-93

01.	Bridge Maintenance Office Complex
Supplemental - Town of Brunswick	$224,000	$        -   

02.	Equipment Shop - Carthage	  -  	2,247,000

03.	Bridge Maintenance Complex -
Wadesboro	26,000	439,000

04.	Gas Pump Canopies - Statewide	398,000	-  

05.	Fencing - Statewide	171,000	  -  

06.	Land Acquisition - Siler City	-  	  -  

07.	Land Acquisition/Maintenance
Yard - Halifax	13,000	  -  

08.	Land Acquisition/Maintenance
Yard - Trenton	27,000	  -  

09.	Water and Sewer Connections
- Statewide	308,000	  -  
-Greene County Facility	400,000	  -  

10.	Division Office Complex Phase
II - Fayetteville	  -  	1,688,000

11.	Division Office Addition
- Greensboro
Requirements	589,000
Less Receipts (Sale of Land)	-589,000
Appropriation	  -  	  -  

12.	Landscape Office, Warehouse
and Truck Shed - Asheville
Requirements	472,000
Less Receipts (Sale of Land)	-472,000
Appropriation	  -  	  -  

13.	Salt Storage Buildings
- Statewide	405,000	-  

14.	Equipment Shop - Mocksville	511,000	  -  

15.	District Office Building
- Albemarle	49,000	333,000

16.	Division of Highways/Division
of Motor Vehicles Office
Complex - Graham	67,000	  -  

17.	Sign Shop - Town of Union	  -  	-  

18.	Design Equipment Shop - Meadows	  -  	52,000

19.	Design Equipment Shop - Spindale	  -  	40,000

20.	Design Equipment Shop - Washington	  -  	49,000

21.	Design Equipment Shop - Wentworth	  -  	54,000

22.	Bridge Maintenance Warehouse/Shed
- Town of Union	  -  	-  

23.	Design Sign Shop - Carthage	  -  	42,000

24.	Design District/Resident Engineer
Office - Marion	  -  	49,000

25.	Design Equipment Shop - Kinston	  -  	49,000

26.	Land Purchase - Robbinsville	  -  	17,000

27.	Land Purchase - Roxboro	  -  	17,000

28.	District/Resident Engineers Office
- Wilmington	  -  	434,000

29.	Roadside Environmental Warehouse/
Office - Marion	  -  	188,000

30.	Maintenance Office/Assembly
- Hudson	  -  	309,466

31.	Division Office (Supplement)
- Durham	  -  	85,000

32.	Materials and Test Lab Design-Asheville	  -  	34,000

33.	Highway Building - Fire Alarm
System - Raleigh	  -  	141,000

TOTAL DIVISION OF HIGHWAYS	$2,599,000	$6,267,466

DIVISION OF MOTOR VEHICLES

	1991-92	1992-93

01.	Upgrade Electrical Power,
Communication and Computer
Circuits - Raleigh Division
of Motor Vehicles Building	$ 216,200	$        -  

02.	Building Addition - Wilmington	221,900	  -  

03.	Building Addition - Statesville	170,075	  -  

04.	New Office Building - Asheville	635,100	  -  

05.	Roof Replacement (7 Locations)	100,500	  -  

06.	Resurface Parking Lots
(6 Locations)	107,500	  -  

07.	Roof Replacement (7 Locations)	  -  	103,100

08.	Resurface Parking Lots (6 Locations)	  -  	111,900

09.	Building Addition - Goldsboro	  -  	167,630

10.	Building Addition - Whiteville	  -  	164,770

11.	Building Addition - Hillsborough	  -  	179,200

12.	Building Addition - Kinston	  -  	179,200

13.	Building Addition - Jacksonville	  -  	174,800

14.	Reserve to Make Restrooms 
Handicapped Accessible in DMV
Facilities	25,000	25,000

TOTAL DIVISION OF MOTOR VEHICLES	$1,476,275	$1,105,600

CRIME CONTROL AND PUBLIC SAFETY

01.	State Highway Patrol - Troop H
Headquarters - New Building 	$190,000	$1,348,900

02.	State Highway Patrol - Upgrade
and Replace Underground
Fuel Tanks	  300,000	  300,000

TOTAL CRIME CONTROL AND
PUBLIC SAFETY	$ 490,000	$1,648,900

GRAND TOTAL HIGHWAY FUND	$4,565,275	$9,021,966 "

Requested by:   Senator Goldston
DEPARTMENT OF TRANSPORTATION CAPITAL CONSTRUCTION FUNDS REVERSIONS
Sec. 18.  (a)	The balance of fifty-four thousand dollars ($54,000) appropriated for land acquisition in Siler City in Section 236.1 of Chapter 689 of the 1991 Session Laws is reverted to the Highway Fund to be reappropriated for the 1992-93 fiscal year.
(b)	The balance of one hundred eleven thousand nine hundred dollars ($111,900) appropriated to landscape the office and warehouse in Graham in Section 6 of Chapter 754 of the 1989 Session Laws is reverted to the Highway Fund to be reappropriated for the 1992-93 fiscal year.
(c)	The balance of fifty-three thousand five hundred sixty-six dollars ($53,566) for the maintenance complex in Craggy (Buncombe County) in Section 5 of Chapter 480 of the 1985 Session Laws is reverted to the Highway Fund to be reappropriated for the 1992-93 fiscal year.

Requested by:   Senator Murphy
ROADWAY IMPROVEMENTS FOR THE CENTENNIAL CENTER
Sec. 19.  From funds appropriated to the Department of Transportation for the 1992-93 fiscal year, three million three hundred thousand dollars ($3,300,000) shall be used for roadway improvements for the Centennial Center.  These improvements shall be part of a long-range plan that is to be developed by the Department of Transportation to service the Centennial Center, Carter-Finley Stadium, the State Fairgrounds, and the Government Office Complex (Blue Ridge Road).  Included in these improvements shall be widening Edwards Mill Road, a new Wade Avenue Bridge and ramps, and other off-site improvements to Trinity Road, Wade Avenue, and  West Chase Boulevard.  Authorized uses of these funds include design fees and expenses, surveying, testing, and other contingencies related to construction.

Requested by:  Senator Plyler
MOBILE CRANE STUDY
Sec. 20.  The Department of Transportation shall study the requests of the mobile crane industry as compared to current rules, regulations, and policies regarding permitted movement of self-propelled truck cranes.  A report detailing the results of this study shall be submitted to the Joint Legislative Highway Oversight Committee prior to the convening of the 1993 Session of the General Assembly.

Requested by:  Senator Plyler
TRAFFIC CONTROL FUNDS
Sec. 21.  G.S. 20-79.7 reads as rewritten:
"§ 20-79.7.  Special Registration Plate Fund.
(a)	Fund. – The Special Registration Plate Fund is established.  The Fund consists of the revenue derived from one-half of the additional fee collected for a personalized registration plate and all of the additional fee collected for any other special registration plate issued under G.S. 20-79.4.  The Commissioner shall deduct the costs of the registration plates, including the costs of issuing, handling, and advertising the availability of the special plates from the Fund.
	(c)	Use of Funds. – The revenue in the Fund shall be transferred quarterly as follows:
(1)	Thirty-three percent (33%) to the account of the Department of Economic and Community Development to aid in financing out-of-state print and other media advertising under the program for the promotion of travel and industrial development in this State.
(2)	Fifty percent (50%) to the Department of Transportation to be used solely for the purpose of beautification of highways other than those designated as interstate. These funds shall be administered by the Department of Transportation for beautification purposes not inconsistent with good landscaping and engineering principles.
(3)	Seventeen percent (17%) to the account of the Department of Human Resources to promote travel accessibility for disabled persons in this State.  These funds shall be used to collect and update site information on travel attractions designated by the Department of Economic and Community Development in its publications, to provide technical assistance to travel attractions concerning accommodation of disabled tourists, and to develop, print, and promote the publication ACCESS NORTH CAROLINA as provided in G.S.168-2.  Any funds allocated for these purposes that are neither spent nor obligated at the end of the fiscal year shall be transferred to the Department of Administration for removal of man-made barriers to disabled travelers at State-funded travel attractions.  Guidelines for the removal of man-made barriers shall be developed in consultation with the Department of Human Resources."
Sec. 22.  G.S. 136-44.2 reads as rewritten:
"§ 136-44.2.  Budget and appropriations.
The Director of the Budget shall include in the ‘Current Operations Appropriations Bill' an enumeration of the purposes or objects of the proposed expenditures for each of the construction and maintenance programs for that budget period for the State primary, secondary, urban, and State parks road systems.  The State primary system shall include all portions of the State highway system located outside municipal corporate limits which are designated by N.C., U.S. or Interstate numbers.  The State secondary system shall include all of the State highway system located outside municipal corporate limits that is not a part of the State primary system.  The State urban system shall include all portions of the State highway system located within municipal corporate limits.  The State parks system shall include all State parks roads which are not also part of the State highway system.
All construction and maintenance programs for which appropriations are requested shall be enumerated separately in the budget.  Programs that are entirely State funded shall be listed separately from those programs involving the use of federal-aid funds.  Proposed appropriations of State matching funds for each of the federal-aid construction programs shall be enumerated separately as well as the federal-aid funds anticipated for each program in order that the total construction requirements for each program may be provided for in the budget.  Also, proposed State matching funds for the highway planning and research program shall be included separately along with the anticipated federal-aid funds for that purpose.
Other program categories for which appropriations are requested, such as, but not limited to, maintenance, channelization and traffic control, bridge maintenance, public service and access road construction, and ferry operations shall be enumerated in the budget.
The Department of Transportation shall have all powers necessary to comply fully with provisions of present and future federal-aid acts.  No federally eligible construction project may be funded entirely with State funds unless the Department of Transportation has first consulted with the Joint Legislative Commission on Governmental Operations.  For purposes of this section, ‘federally eligible construction project' means any construction project except secondary road projects developed pursuant to G.S. 136-44.7 and 136-44.8 eligible for federal funds under any federal-aid act, whether or not federal funds are actually available.
The ‘Current Operations Appropriations Bill' shall also contain the proposed appropriations of State funds for use in each county for maintenance and construction of secondary roads, to be allocated in accordance with G.S. 136-44.5 and 136-44.6.  State funds appropriated for secondary roads shall not be transferred nor used except for the construction and maintenance of secondary roads in the county for which they are allocated pursuant to G.S. 136-44.5 and 136-44.6.
In the event receipts and increments to the State Highway Fund shall be more than the appropriations made for the preceding fiscal year, such excesses shall be allocated by the Director of the Budget to the Department of Transportation for school and industrial access roads and unforeseen happenings or state of affairs requiring prompt action, with fifty percent (50%) of the balance to be allocated to the State secondary roads program on the basis of need as determined by the Department of Transportation and the remaining fifty percent (50%) to be allocated in accordance with G.S. 136-44.5.
The Department of Transportation may provide for costs incurred or accrued for traffic control measures to be taken by the Department at major events which involve a high degree of traffic concentration on State highways, and which cannot be funded from regular budgeted items.  This authorization applies only to events which are expected to generate 30,000 vehicles or more per day.  The Department of Transportation shall provide for this funding by allocating and reserving up to one hundred thousand dollars ($100,000) before any other allocations from the appropriations for State maintenance for primary, secondary, and urban road systems are made, based upon the same proportion as is appropriated to each system."

Requested by:   Senator Barnes
AIR CARGO APPROPRIATION REIMBURSEMENT REPEALED
Sec. 22.1. Section 2.1 of Chapter 749 of the 1991 Session Laws is repealed.

Requested by:  Senator Goldston
MODIFICATION TO CURRENT OPERATIONS – HIGHWAY FUND
Sec. 22.2  Section 4 of Chapter 900 of the 1991 Session Laws reads as rewritten:
"CURRENT OPERATIONS/HIGHWAY FUND
Sec. 4.  Appropriations from the Highway Fund of the State for the maintenance and operation of the Department of Transportation, and for other purposes as enumerated, are made for the fiscal year ending June 30, 1993, according to the schedule that follows.  The amounts set out in the schedule are in addition to other appropriations from the Highway Fund for these purposes for the 1992-93 fiscal year.  Amounts set out in brackets are reductions from Highway Fund appropriations for the 1992-93 fiscal year.

Current Operations-Highway Fund	 1992-93

Department of Transportation
01.	Administration	$ 3,694,922
02.	Division of Highways
a.	State Construction
(01)	Secondary Construction	446,402
(02)	Urban Construction	(1,000,000)
(03)	Spot Safety
	Improvements	(2,000,000)
b.	State Funds to Match Federal
	Highway Aid
(01)	Construction 	(18,000,000)     
c.	State Maintenance
(01)	Secondary	(559,204)     
(02)	Contract Resurfacing	(15,000,000)
d.	Ferry Operations	(1,000,000)
03.	Division of Motor Vehicles	4,252,600
	04.	State Aid to Municipalities	446,402
05.	Salary Adjustments for Highway
Fund Employees	(59,344)
06.	Reserve to Continue DOT
Merit Salary Increases	(86,143)
07.	Reserve for Salary Increases	7,045,254
08.	Reserve for State Employee
Health Benefit Plan	(2,675,722)
09.	Transfer to General Fund for
Reimbursement for Sales Tax
Exemption	700,000
10.	Reserve for Air Cargo	2,500,000
Appropriations for Other State Agencies
01.	Crime Control and Public
Safety		(603,913)
02.	Revenue		86,968
03.	Agriculture	169,806
04.	Environment, Health, and
Natural Resources	 (256,774)
GRAND TOTAL CURRENT OPERATIONS/
HIGHWAY FUND		$ (21,898,746)"

Requested by:  Senator Goldston
ASSIGNMENT OF DEPARTMENT OF TRANSPORTATION MOTOR VEHICLES WITHOUT MINIMUM MILEAGE REQUIREMENTS
Sec. 22.3.  For the 1992-93 fiscal year only, all State owned passenger motor vehicles which are permanently assigned to the Division of Highways of the Department of Transportation field personnel only, are exempt from the minimum mileage utilization requirements of G.S. 143-341(8)i.7a.  This exemption is allowed in order to study the unique responsibilities of Division of Highways field employees, compared to other State employees, with regard to complying with regulations for having a permanently assigned vehicle.
The Department shall report quarterly to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Highway Oversight Committee, and the Fiscal Research Division of the Legislative Services Office, beginning October 1, 1992, for the preceding quarter, on:
(1)	The use of these vehicles, including:
a.	A list of the employees to whom these vehicles are assigned;
b.	Their job classifications; and
c.	The round-trip mileage from their home to the nearest official work station other than the project site;
(2)	The number of vehicles not driven the required minimum mileage;
(3)	The certified overtime hours worked by these employees, listed by highway district; and
(4)	The savings realized by not having to meet the minimum mileage requirements.

Requested by:  Senator Goldston
EXTEND LIABILITY PROTECTION FOR DEPARTMENT OF TRANSPORTATION PERSONNEL AND BOARD OF TRANSPORTATION MEMBERS
Sec. 22.4.  (a)	Article 31A of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143-300.10.  Payment of excess damages relating to unconstitutional goals program.
In an action to which this Article applies, the State shall pay the excess amount of a judgment or settlement under G.S. 143-300.6 for damages against a State employee or member of a State board or commission for enforcing or administering a goals program promoting participation by disadvantaged businesses, minority businesses, and women businesses, in contracts let by a State department or agency that is held unconstitutional.  The excess amount is the amount of the judgment or settlement over (i)	the limit provided in G.S. 143-300.6(a) and (ii) any coverage under G.S. 58-32-15.  This section does not waive the sovereign immunity of the State with respect to any claim."
(b)	This section applies to any litigation challenging the constitutionality of a goals program and pending before a court on or after the date of ratification of this act.

PART 13.  DEPARTMENT OF CORRECTION

Requested by: Senators Plyler, Marvin
PRISON BOND REALLOCATION/ADMINISTRATION CHANGES
Sec. 23.  (a)	Section 239(c) of Chapter 689 of the 1991 Session Laws reads as rewritten:
"(c)	Descriptions, Custodial Levels, Beds, Projected Allocations.  Appropriations are made from bond proceeds for use by the Departments of Correction and Human Resources to provide for capital improvement projects as herein provided.
The proceeds of bonds and notes shall be expended for paying the cost, as defined in the bond act, of prison and youth services facilities, to the extent and as provided in this section and subject to change as herein provided, for the following projects:

DEPARTMENT OF CORRECTION

Project Description	Custodial	Beds
	Level
Nash Correctional Institution	Close	128
Marion Correctional Center     	Close	752
Cherry Correctional Center	Min	500
		Odom Correctional Institution     	Close	 192
Pasquotank Youth Institution   	Close	664
NCCIW	Close/Med	256
NCCIW - Repairs
and Renovations
Lumberton Correctional Center	Med	312
Fountain Correctional Center	Min	100
Greene Correctional Center 	Min	200
		Brown Creek Sewing Plant
Pender Furniture Refurbishing
Facility
Caswell Sewing and Tailoring
Equipment
Harnett Dining Hall
Provide dayrooms at 49 units
to comply with Small v.
Martin lawsuit
Subtotal	3,104	$101,380,310

Contingencies
TOTAL	$103,380,310

DEPARTMENT OF HUMAN RESOURCES-DIVISION OF YOUTH SERVICES

7 Secure/nonsecure group homes
9 beds added to Pitt Detention Ctr.
Renovate unused dorms & upgrade
to meet American Correctional
Association Standards
Dillon secure unit, counseling
space, & fencing at 5 facilities
Conversion of dorms to individual
rooms
Increase number of transition
beds - step down & independent
living for Training Schools
	$9,119,690"
(b) Section 239(f) of Chapter 689 of the 1991 Session Laws reads as rewritten:
"(f)	Administration.  With respect to facilities authorized for the Department of Correction, the Office of State Budget and Management may contract for and supervise all aspects of administration, technical assistance, design, construction or demolition of prison facilities in order to implement the providing of prison facilities under the provisions of this act without being subject to the requirements of the following statutes and rules implementing those statutes:  G.S. 143-135.26(1), 143-128, 143-129, 143-131, 143-132, 143-134, 143-135.26, 113A-1 through 113A-10, 113A-50 through 113A-66, 133-1.1(g), and 143-408.1; provided, however, of the funds allocated under the provisions of this act for the construction of prison facilities, the Office of State Budget and Management shall have a verifiable ten percent (10%) goal for participation by minority and women-owned businesses.  All contracts for the design, construction, or demolition of prison facilities shall include a penalty for failure to complete the work by a specified date.
The proposals for prison facilities authorized in this section shall be invited by advertisement in newspapers having general circulation in the State. The form of advertisement shall be prepared in the form of Section 301 of the State Construction Manual of the Department of Administration, and shall be published in one issue of the newspaper. A minimum of at least seven full days shall lapse between the date of publication and the date of the opening of bids. Initiation of the advertisement shall be by the Office of State Budget and Management.
The Office of State Budget and Management shall consider alternative delivery systems that could expedite the delivery of prison facilities.  Such delivery systems as design-build, using modular or conventional building systems, shall be considered.  However, in order for such alternatives to be used, the Department of Correction must approve the proposed design for operational programming and cost of operations and maintenance.
The Office of State Budget and Management shall involve the Office of State Construction of the Department of Administration in all aspects of the projects to ensure that all prison facilities are constructed consistent with Office of State Construction standards and procedures.  Such involvement shall include but not be limited to the review of plans and specifications for each project prior to the award of contracts, attendance at scheduled project meetings, on-site inspections, review of all change orders, final inspections, review of punch lists of project deficiencies and written verification of the correction of such deficiencies, and certification of the identity of the designer of record on each project.
The Office of State Budget and Management shall involve the Department of Correction in all aspects of the projects to the extent that such involvement relates to the Department's Program needs and to its responsibility for the care of the prison population.
The Office of State Construction, the Department of Insurance, and the Department of Correction shall immediately report any concerns regarding the prison construction program to the Office of State Budget and Management.  Any concerns not satisfactorily resolved with the Office of State Budget and Management shall be reported immediately to the Joint Legislative Commission on Governmental Operations.  The Office of State Construction, the Department of Insurance, and the Department of Correction shall report quarterly to the Joint Legislative Commission on Governmental Operations on their involvement with the Office of State Budget and Management and the project manager in the prison construction program."

Requested by:  Senator Marvin
COLUMBUS SEWING FACILITY
Sec. 23.1.  (a)	Section 239(g) of Chapter 689 of the 1991 Session Laws reads as rewritten:
  "(g)  Changes.  To the extent that funds are not required to be expended for the specific projects described in this section, appropriations authorized herein may be used to construct, reconstruct, or renovate prison industrial and forestry enterprise, facilities, as mentioned in G.S. 148-2, at prison facilities statewide, as replacement projects, and to make necessary prison facility repairs and renovations but no such funds may be used for operating expenditures.   The first priority for the use of funds not required to be expended for the specific projects described in this section shall be for the construction of the sewing facility at Columbus Correctional Center.  Prior to taking any action under subsection (g), the Governor may consult with the Advisory Budget Commission."
(b)	In the event that funds are not available from the prison bond allocations made in Section 239 of the 1991 Session Laws to construct the sewing facility at Columbus Correctional Center, the Department of Correction shall make available from the profits of the North Carolina Correction Enterprises Revolving Fund funds sufficient for the construction of the sewing facility at Columbus Correctional Center.

PART 14.  DEPARTMENT OF HUMAN RESOURCES

Requested by:  Senators Martin of Guilford, Richardson
MOTOR FLEET MANAGEMENT STUDY
Sec. 24. The Joint Legislative Commission on Governmental Operations shall study the whole issue of motor fleet management.  This study shall include:
(1)	The extent to which centralized motor fleet management is needed and appropriate;
(2)	The identification of agencies and agencies' functions that should be subject to centralized management;
(3)	The criteria for exemption from centralized management:
a.	For agencies;
b.	For agencies' functions; and
c.	For specific categories of vehicles; and
(4)	Other related matters.
The Commission shall include the results of this study, together with any legislative proposals, in its report to the 1993 General Assembly.

Requested by:   Senators Richardson, Walker
DOBBS SCHOOL RELOCATION FUNDS
Sec. 25.  Notwithstanding any other provisions of law, funds allocated to the Department of Human Resources for renovations to The Dobbs School from the North Carolina Prison and Youth Services Bond Fund by Section 239 of Chapter 689 of the 1991 Session Laws, shall be used to begin the process of constructing facilities for the relocation of The Dobbs School to land currently allocated to the Department of Human Resources and adjacent to Caswell Center.

Requested by:  Senators Richardson, Walker
LIFE PLAN TRUST CORRECTION
Sec. 25.1.  (a)	G.S. 36A-59.21, as enacted by Chapter 786 of the 1991 Session Laws, is repealed.
(b)	This section is effective July 1, 1992.

Requested by:  Senators Richadson, Walker
HEAD START FUND ALLOCATION
Sec. 25.2.  Of the funds appropriated in this act to the Department of Human Resources for the 1992-93 fiscal year, the sum of one million seven hundred sixty thousand dollars ($1,760,000) is allocated to the Division of Economic Opportunity to provide grants to local private nonprofit agencies administering Head Start programs.  These funds shall be used by the Head Start agencies for the payment of the cost of acquiring, constructing, reconstructing, renovating, equipping, and improving classroom facilities for the existing Head Start programs.  The Department of Human Resources shall develop a formula for the distribution of State supplemental Head Start funds to those counties with the greatest relative burden of low-income children who qualify for Head Start.  The formula may include factors based on the percentage of North Carolina's children aged birth to 5 who are in poverty in each county, the percentage of North Carolina's Aid to Families with Dependent Children recipients in each county, the percentage of North Carolina's unserved eligible Head Start children in each county, and any other statistical indicator that is in keeping with the legislative intent.
Each Head Start program that is allocated State supplemental Head Start funds pursuant to this section shall submit a budget for review by the State.  The budget will itemize the program's expenditure of State funds.  The expenditure needs shall fall under the allowable expenditure categories identified above.

Requested by:  Senators Richardson, Walker
MENTAL HEALTH FACILITY PLANS
Sec. 25.3.  The funds appropriated in this act for area mental health programs shall be allocated in grants not to exceed two hundred thousand dollars ($200,000) per grant.  The grants are subject to the Department of Human Resources' approval of the grant application.  Grant funds shall be matched by local funds on a dollar-for-dollar basis.

Requested by:  Senators Richardson, Walker
RURAL HEALTH RECRUITMENT FUNDS
Sec. 25.4.  The funds appropriated in this act to the Office of Rural Health for rural health recruitment shall be used to pay first, second, and third-year residents in family medicine, internal medicine, or general pediatric medicine the sum of ten thousand dollars ($10,000) upon the resident's agreeing to practice in an area designated by the Office of Rural Health as medically underserved. 
Repayment of the stipend is forgiven if the resident completes the full year of service in a medically underserved area of North Carolina.
The Office of Rural Health shall report expenditures for this program to the 1993 General Assembly by the end of the first week after convening.
This item shall not become a part of the continuation budget request for the 1993-95 fiscal biennium.

PART 15.  DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

Requested by: Senator Martin of Pitt
ECONOMIC DEVELOPMENT FUNDS
Sec. 26.  Section 157(f) of Chapter 900 of the 1991 Session Laws, 1992 Regular Session, reads as rewritten:
"(f)	Of the funds appropriated in this act to the North Carolina Rural Economic Development Center, Inc., six hundred fifty thousand dollars ($650,000) for the 1992-93 fiscal year shall be used to expand the Microenterprise Loan Program.  Of these funds, no less than four hundred thousand dollars ($400,000) shall be used as loan capital or as loan loss reserves and no more than two hundred fifty thousand dollars ($250,000) shall be used to cover operational costs.  The North Carolina Rural Economic Development Center, Inc., shall report quarterly to the Joint Legislative Commission on Governmental Operations on the use of these funds."

Requested by:  Senator Martin of Pitt
HOUSING TRUST FUND FUNDS
Sec. 26.1.  There is appropriated from the funds and interest thereon received from the United States Department of Energy's Stripper Well Litigation (MDL378) which remain in the Special Reserve for Oil Overcharge Funds to the Office of State Budget and Management the sum of one million dollars ($1,000,000) for the 1992-93 fiscal year for the purposes authorized in G.S. 122E-6.  Funds appropriated under this section are in addition to any other funds appropriated in this act for these purposes.

Requested by:  Senator Martin of Pitt
CENTER FOR COMMUNITY SELF-HELP FUNDS
Sec. 26.2.  (a)	Of the funds appropriated in this act to the Office of State Budget and Management, the sum of two million dollars ($2,000,000) for the 1992-93 fiscal year shall be allocated to the Center for Community Self-Help to further a statewide program of lending to small businesses and other economic development projects in rural and other depressed or disadvantaged communities throughout North Carolina, provided these funds are matched on the basis of one dollar ($1.00) of funds from the Center for Community Self-Help or its affiliates for every one dollar ($1.00) of State funds.  The appropriation shall be equally allocated among the eastern, central, and western regions of North Carolina.  Loans or loan guarantees made under the program shall be conditioned on the unavailability of loans for the same purposes from private lenders upon reasonably equivalent terms and conditions.  Payments of principal shall be available for further loans.
(b)	The Center for Community Self-Help shall submit, within 180 days after the close of its fiscal year, audited financial statements to the State Auditor.  All records pertaining to the use of State funds shall be made available to the State Auditor upon request.  The Center for Community Self-Help shall make quarterly reports on the use of State funds to the State Auditor, in form and format prescribed by the State Auditor or his designee.  The Center for Community Self-Help shall make a written report by May 1 of each year for the next three years to the General Assembly on the use of the funds appropriated by this act.
(c)	The Center for Community Self-Help shall report to the Joint Legislative Commission on Governmental Operations, the House Appropriations Subcommittee on Environment, Health, and Natural Resources, the Senate Appropriations Committee on Natural and Economic Resources, and the Department of Economic and Community Development on a quarterly basis for the next three years.
(d)	The Office of the State Auditor may conduct an annual end-of-year audit of the revolving fund for economic development lending created by this appropriation for each year of the life of the revolving fund.
(e)  If the Center for Community Self-Help dissolves, the corporation shall transfer the remaining assets of the revolving fund to the State and shall refrain from disposing of the revolving fund assets without approval of the State Treasurer.
(f)  The Office of State Budget and Management shall disburse this appropriation within 15 working days of the receipt of a request for the funds from the Center for Community Self-Help.  The request shall include a commitment of the matching funds by the Center for Community Self-Help or its affiliates.

PART 16.  DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Requested by:   Senators Martin of Pitt, Perdue
WATER RESOURCES DEVELOPMENT FUNDS
Sec. 27.  (a)	Of the funds appropriated to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year, the sum of five million six hundred eighty thousand dollars ($5,680,000) shall be used for water resources development projects.  The Department shall fund the following projects, whose estimated costs are as indicated:
(1)	Wilmington Harbor	$ 750,000
	Deepening Study

(2)	Aquatic Plant Control	35,000

(3)	Jordan Lake Water Supply	110,000
	Repayment & Operation

(4)	Lower Creek Flood	161,000
	Control-Lenoir

(5)	Beaufort Harbor	80,000

(6)	Wilmington Harbor	449,000
	Navigation

(7)	Cape Fear River Above Wilmington
	Navigation	100,000

(8)	State-Local Water Resources Development
	Projects	150,000

(9)	Morehead City	3,845,000
	Harbor Deepening

(b)	Where the actual costs are different from the estimated costs under subdivisions (1) through (8) of subsection (a) of this section, the Department may adjust the allocations among projects as needed.  If any projects listed in sudivisions (1) through (8) of subsection (a) of this section are delayed and the budgeted State funds cannot be used during the 1992-93 fiscal year, or if the projects listed in subsection (a) of this section 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 1992-93, or
(3)	State-local Water Resources Development Projects.
Funds not expended or encumbered for these purposes shall revert to the General Fund at the end of the 1993-94 fiscal year.
(c)	Beginning October 1, 1992, 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 of the Legislative Services Office, and the Office of State Budget and Management.  Each report shall include:
(1)	All projects listed in 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.
(d)	Of the funds allocated under this section for the Morehead City Harbor Deepening Project, not more than three hundred forty-five thousand dollars ($345,000) may be expended until all federal funds available for the project have become available.

Requested by:  Senator Martin of Pitt
FUNDS FOR STATE PARKS LAND ACQUISITION
Sec. 28. (a)	The proceeds from the grant of the easement authorized by G.S. 143-260.10E(a), as enacted by Chapter 907 of the 1991 Session Laws, are appropriated from the General Fund to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year for the Division of Parks and Recreation for land acquisition in State parks.
(b)	Prior to expending or obligating any of the funds allocated by this section, the Department shall report to the Joint Legislative Commission on Governmental Operations and to the Office of State Budget and Management on the proposed use of the funds.

Requested by:  Senator Basnight
AGRICULTURE COST SHARE PROGRAM
Sec. 29.  Section 165 of Chapter 689 of the 1991 Session Laws reads as rewritten:
"Sec. 165.  Of the funds appropriated in this Title to the Department of Environment, Health, and Natural Resources for the Agriculture Cost Share Program for Nonpoint Source Pollution Control, a sum not to exceed forty thousand dollars ($40,000) for the 1991-92 fiscal year shall be used to fund tide gates in Hyde County in accordance with the match requirements specified in G.S. 143-215.74(b)(6), and a sum not to exceed forty thousand dollars ($40,000) for the 1992-93 fiscal year shall be used for water control structures in the counties bordering the Alligator River, under the Rural Clean Water Demonstration Program, and in accordance with the match requirements specified in G.S. 143-215.74(b)(6)."

Requested by:  Senator Conder
GOVERNOR'S WASTE MANAGEMENT BOARD/TECHNICAL ASSISTANCE GRANTS
Sec. 29.1.  Notwithstanding the limitations of G.S. 104G-19(d), funds appropriated in Section 4.1 of this act may be used to provide technical assistance grants in the amount of one hundred thousand dollars ($100,000) each to Richmond, Chatham, and Wake Counties for their site designation review committee.

Requested by:  Senator Martin of Pitt
ON-SITE WASTEWATER SYSTEMS
Sec. 29.2.  (a)	Article 11 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-344.  North Carolina On-Site Wastewater Systems Institute.
(a)	The North Carolina On-Site Wastewater Systems Institute is created.  The Department shall provide staff for the Institute.  The Institute shall gather information, study problems, and prepare reports on sanitary sewage systems.
(b)	The North Carolina On-Site Wastewater Systems Institute shall have a Board of Directors consisting of 11 members.  The members shall serve on a voluntary basis at no cost to the State.  The members shall be appointed as follows:
(1)	One member from the On-Site Sewage Program of the Department, appointed by the Governor.
(2)	One member who is a local health director, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(3)	One member who is an environmental health supervisor from a local health department, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(4)	One member who is an environmental health specialist, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(5)	Four members who are in the sanitary sewage system business, one of whom is a manufacturer, one of whom is a supplier, one of whom is a pumper or installer, and one of whom is an operator, appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(6)	One member who is actively involved with residential development in North Carolina or has extensive experience in the field of residential development, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(7)	One member from the public at large, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(8)	The President or Executive Director of the North Carolina Septic Tank Association, Inc., appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(c)	Legislative appointments shall be made in accordance with G.S. 120-121.  A vacancy in a legislative appointment shall be filled in accordance with G.S. 120-122.
(d)	Each member shall serve for a two-year term that begins on July 1 of an odd-numbered year and ends on June 30 of the next odd-numbered year.  Appointments to fill vacancies in the membership of the Board that occur due to resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term and shall be made by the same appointing authority that made the initial appointment.
(e)	The member from the North Carolina Septic Tank Association, Inc., shall serve as Chair of the Board for the first two years after the Board is created.  Thereafter, the Board shall elect a Chair annually at its first meeting of the year.
(f)	The Board shall hold at least one meeting each year to conduct its business.  Subsequent meetings shall be at the call of the Chair or a majority of the Board members.  A majority of the members is a quorum."
(b)	Notwithstanding G.S. 130A-344(d), as enacted by this section, the terms of the initial appointees to the North Carolina On-Site Wastewater Systems Institute end June 30, 1995.
(c)	Of the funds appropriated by this act to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year the sum of twenty-five thousand dollars ($25,000) shall be used by the Department to contract with a regionally or nationally recognized consulting firm to conduct a comprehensive study of appropriate wastewater and sewage disposal technologies that could be used in soils unsuitable for a conventional septic tank in areas of North Carolina that have a high water table.  In selecting a consulting firm to conduct the study, the Department shall consult with the North Carolina On-Site Wastewater Systems Institute.  The contract with the consulting firm shall require the consulting firm to complete the study and submit a report to the Department and to the North Carolina On-Site Wastewater Systems Institute by June 30, 1993.
(d)	Of the funds appropriated by this act to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year, the sum of twenty-five thousand dollars ($25,000) shall be used to support county alternative on-site sewage system demonstration projects in Eastern North Carolina established prior to 1990.  Such projects shall have a technical advisory committee and shall develop and monitor innovative and alternative on-site sewage treatment systems and proper management operating schemes.

Requested by:  Senator Martin of Pitt
PARKS CAPITAL IMPROVEMENTS
Sec. 29.3. (a)	Of the funds appropriated in this act to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be used for the repair and maintenance of State parks.
(b)	Of the funds appropriated in this act to the Department of Environment, Health, and Natural Resources for the 1992-93 fiscal year, the sum of five hundred thousand dollars ($500,000) shall be used to acquire critical parcels of inholdings and corridor linkages for inclusion in the State parks system.
(c)	Prior to expending or obligating any of the funds allocated by this section, the Department shall report to the Joint Legislative Commission on Governmental Operations and to the Office of State Budget and Management on the proposed use of the funds.

Requested by:  Senator Martin of Pitt
STUDY ACQUISITION OF BIRD ISLAND
Sec. 29.4. (a)	The Department of Environment, Health, and Natural Resources shall study the feasibility and appropriateness of the State acquiring Bird Island in Brunswick County for the purpose of conservation.  The study shall be separate and apart from the consideration of any permit applications or the issuance of any permits for Bird Island pursuant to the Coastal Area Management Act of 1974, Article 7 of Chapter 113A of the General Statutes.
(b)	No later than May 31, 1993, the Department shall report its findings and recommendations pertaining to this study to the 1993 General Assembly.
(c) This section becomes effective November 15, 1992.

Requested by:  Senator Martin of Pitt
MARINE FISHERIES USE OF LAND PROCEEDS
Sec. 29.5.  Any net proceeds, as defined in G.S. 146-30, received from the sale of approximately 6.12 acres of State land located on Bogue Sound in Carteret County, this being the property described in the deed dated February 12, 1982, and recorded in Deed Book 464, page 86, Carteret County Registry, shall be allocated to the Department of Environment, Health, and Natural Resources, Division of Marine Fisheries, for the 1992-93 fiscal year to be used:
(1)	To acquire real property for oyster shell stockpiling and dockage during hurricanes,
(2)	To renovate or replace the unsafe pier at the Division's Morehead City office, as needed, and
(3)	To replace the Carolina Coast Research Vessel,
to ensure the continuation of the Division's shellfish rehabilitation and artificial reef programs and the biological sampling programs.

PART 17.  MISCELLANEOUS PROVISIONS

Requested by:  Senators Basnight, Plyler
RESERVE FOR ADVANCE PLANNING
Sec. 30.  The Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on how it intends to spend funds from the Reserve for Advance Planning at least 45 days before it spends the funds.
	The Office of State Budget and Management shall also report the results of any project on which it uses funds from the Reserve for Advance Planning to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division.

Requested by:  Senators Basnight, Plyler
ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 31.  When each capital improvement project appropriated by the 1992 General Assembly, other than those projects under the Board of Governors of The University of North Carolina, is placed under construction contract, direct appropriations shall be encumbered to include all costs for construction, design, investigation, administration, movable equipment, and a reasonable contingency.  Unencumbered direct appropriations remaining in the project budget shall be placed in a project reserve fund credited to the Office of State Budget and Management.  Funds in the project reserve may be used for emergency repair and renovation projects at State facilities with the approval of the Director of the Budget.  The project reserve fund may be used, at the discretion of the Director of the Budget, to allow for award of contracts where bids exceed appropriated funds, if those projects supplemented were designed within the scope intended by the applicable appropriation or any authorized change in it, and if, in the opinion of the Director of the Budget, all means to award contracts within the appropriation were reasonably attempted.  At the discretion of the Director of the Budget, any balances in the project reserve fund shall revert to the original source.

Requested by:  Senators Basnight, Plyler
PROJECT COST INCREASE
Sec. 32.  Upon the request of the administration of a State department or institution, the Director of the Budget may, when in his opinion it is in the best interest of the State to do so, increase the cost of a capital improvement project.  Provided, however, that if the Director of the Budget increases the cost of a project, he shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.  The increase may be funded from gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or direct capital improvement appropriations to that department or institution.

Requested by:  Senators Basnight, Plyler
NEW PROJECT AUTHORIZATION
Sec. 33.  Upon the request of the administration of any State department or institution, the Governor may authorize the construction of a capital improvement project not specifically authorized by the General Assembly if such project is to be funded by gifts, federal or private grants, special fund receipts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, or self-liquidating indebtedness.  Provided, however, that if the Director of the Budget authorizes the construction of such a capital improvement project, he shall report that action to the Joint Legislative Commission on Governmental Operations at its next meeting.

Requested by:  Senators Basnight, Plyler
ADVANCE PLANNING OF CAPITAL IMPROVEMENT PROJECTS
Sec. 34.  Funds which become available by gifts, excess patient receipts above those budgeted at University of North Carolina Hospitals at Chapel Hill, federal or private grants, receipts becoming a part of special funds by act of the General Assembly or any other funds available to a State department or institution may be utilized for advance planning through the working drawing phase of capital improvement projects, upon approval of the Director of the Budget.  The Director of the Budget may make allocations from the Advance Planning Fund for advance planning through the working drawing phase of capital improvement projects, except that this revolving fund may not be utilized by the Board of Governors of The University of North Carolina or the State Board of Community Colleges.

Requested by:   Senators Basnight, Plyler
APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 35.  Except as permitted in previous sections of this act, the appropriations for capital improvements made by the 1991 General Assembly may be expended only for specific projects set out by the 1991 General Assembly and for no other purpose.  Construction of all capital improvement projects enumerated by the 1992 General Assembly shall be commenced, or self-liquidating indebtedness with respect to them shall be incurred, within 12 months following the first day of the fiscal year in which the funds are available.  If construction contracts on those projects have not been awarded or self-liquidating indebtedness has not been incurred within that period, the direct appropriation for those projects shall revert to the original source, and the self-liquidating appropriation shall lapse; except that direct appropriations may be placed in a reserve fund as authorized in this act.  This deadline with respect to both direct and self-liquidating appropriations may be extended with the approval of the Director of the Budget up to an additional 12 months if circumstances and conditions warrant such extension.

Requested by: Senators Basnight, Plyler
1991-92 APPROPRIATIONS LIMITATIONS AND DIRECTIONS APPLY
Sec. 36.  (a)	Except where expressly repealed or amended by this act, the provisions of Chapters 689, 742, 760, 761, and 900 of the 1991 Session Laws remain in effect.
(b)	Notwithstanding any modifications by this act in the amounts appropriated, except where expressly repealed or amended, the limitations and directions for the 1992-93 fiscal year in Chapters 689, 742, 760, 761, and 900 of the 1991 Session Laws 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:  Senators Basnight, Plyler
EFFECTIVE DATE
Sec. 37.  This act becomes effective July 1, 1992.