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General Assembly of North Carolina Session 2007

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General Assembly of North Carolina Session 2007 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 SESSION LAW 2008-107 HOUSE BILL 2436 AN ACT TO MODIFY THE CURRENT OPERATIONS AND CAPITAL APPROPRIATIONS ACT OF 2007, TO AUTHORIZE INDEBTEDNESS FOR CAPITAL PROJECTS, AND TO MAKE VARIOUS TAX LAW AND FEE CHANGES. The General Assembly of North Carolina enacts: PART I. INTRODUCTION AND TITLE OF ACT INTRODUCTION SECTION 1.1. The appropriations made in this act are for maximum amounts necessary to provide the services and accomplish the purposes described in the budget. Savings shall be effected where the total amounts appropriated are not required to perform these services and accomplish these purposes and, except as allowed by the State Budget Act, or this act, the savings shall revert to the appropriate fund at the end of each fiscal year as provided in G.S. 143C-1-2(b). TITLE SECTION 1.2. This act shall be known as "The Current Operations and Capital Improvements Appropriations Act of 2008." PART II. CURRENT OPERATIONS AND EXPANSION/GENERAL FUND CURRENT OPERATIONS AND EXPANSION/GENERAL FUND SECTION 2.1. Appropriations from the General Fund of the State for the maintenance of the State departments, institutions, and agencies, and for other purposes as enumerated, are adjusted for the fiscal year ending June 30, 2009, according to the schedule that follows. Amounts set out in brackets are reductions from General Fund appropriations for the 2008-2009 fiscal year. Current Operations – General Fund FY 2008-2009 EDUCATION Community Colleges System Office $ 33,639,698 Department of Public Instruction 93,731,253 University of North Carolina – Board of Governors Appalachian State University (175,179) East Carolina University Academic Affairs 1,665,101 Health Affairs 0 Elizabeth City State University 0 Fayetteville State University (250,409) NC Agricultural and Technical University (476,363) North Carolina Central University 0 North Carolina School of the Arts 0 North Carolina State University Academic Affairs (622,928) Agricultural Extension 0 Agricultural Research 0 University of North Carolina at Asheville (26,836) University of North Carolina at Chapel Hill Academic Affairs (589,752) Health Affairs (736,357) Area Health Education Centers 0 University of North Carolina at Charlotte (756,504) University of North Carolina at Greensboro 0 University of North Carolina at Pembroke (59,019) University of North Carolina at Wilmington (752,940) Western Carolina University (159,665) Winston-Salem State University 0 General Administration 0 University Institutional Programs 74,741,366 Related Educational Programs (44,990,000) North Carolina School of Science and Mathematics 0 UNC Hospitals at Chapel Hill 0 Total University of North Carolina – Board of Governors $ 26,810,515 HEALTH AND HUMAN SERVICES Department of Health and Human Services Division of Central Management and Support $ (9,809,966) Division of Aging and Adult Services 2,500,000 Division of Services for the Blind and Deaf/Hard of Hearing 75,000 Division of Child Development (6,102,422) Office of Education Services 698,940 Division of Health Service Regulation 822,028 Division of Medical Assistance (210,822,007) Division of Mental Health, Developmental Disabilities, and Substance Abuse Services 21,347,833 NC Health Choice 10,056,864 Division of Public Health 6,805,537 Division of Social Services 1,144,782 Division of Vocation Rehabilitation (2,000,000) Total Health and Human Services $ (185,283,411) NATURAL AND ECONOMIC RESOURCES Department of Agriculture and Consumer Services $ 4,960,589 Department of Commerce Commerce 7,974,970 Commerce State-Aid 12,901,578 NC Biotechnology Center 3,844,166 Rural Economic Development Center 53,756,974 Department of Environment and Natural Resources Environment and Natural Resources 12,273,734 Clean Water Management Trust Fund 0 Page 2 Session Law 2008-107 SL2008-0107 Department of Labor 901,392 JUSTICE AND PUBLIC SAFETY Department of Correction $ 289,817 Department of Crime Control and Public Safety 2,580,175 Judicial Department (1,558,255) Judicial Department – Indigent Defense (435,057) Department of Justice (426,758) Department of Juvenile Justice and Delinquency Prevention 20,194,280 GENERAL GOVERNMENT Department of Administration $ 1,277,048 Office of Administrative Hearings 313,544 Department of State Auditor (283,938) Office of State Controller (110,940) Department of Cultural Resources Cultural Resources 3,785,367 Roanoke Island Commission (15,000) State Board of Elections 582,934 General Assembly (881,000) Office of the Governor Office of the Governor (84,205) Office of State Budget and Management 15,242 OSBM – Reserve for Special Appropriations 16,950,000 Housing Finance Agency 12,000,000 Department of Insurance Insurance 633,492 Insurance – Volunteer Safety Workers' Compensation (1,150,000) Office of Lieutenant Governor 0 Department of Revenue (1,415,864) Department of Secretary of State 135,771 Department of State Treasurer State Treasurer 763,829 State Treasurer – Retirement for Fire and Rescue Squad Workers 1,027,851 TRANSPORTATION SL2008-0107 Session Law 2008-107 Page 3 Department of Transportation 0 RESERVES, ADJUSTMENTS AND DEBT SERVICE Compensation Increases $ 368,844,588 Salary Adjustment Fund 2007-2009 Biennium 0 Teachers' & State Employees' Retirement Contributions 30,237,400 Hospitalization Reserve (5,000,000) Reserve for Eliminated Positions 0 Grant to Counties for Teachers' Personal Leave Day 5,000,000 Contingency and Emergency Fund 0 Information Technology Fund 0 Job Development Investment Grants Reserve 15,000,000 North Carolina Master Address Dataset 1,000,000 Criminal Justice Data Integration 5,000,000 Pending Gang Prevention Legislation (HB 274) 10,000,000 Task Force on Preventing Pesticide Exposure 357,055 Debt Service General Debt Service (17,500,000) Federal Reimbursement 0 TOTAL CURRENT OPERATIONS – GENERAL FUND $ 532,638,834 GENERAL FUND AVAILABILITY STATEMENT SECTION 2.2.(a) Section 2.2(a) of S.L. 2007-323 is repealed. The General Fund availability used in adjusting the 2008-2009 budget is shown below: FY 2008-2009 Unappropriated Balance from FY 2007-08, S.L. 2007-323 $ 270,504,098 Net Adjustment – S.L. 2007-540 (1,000,000) Adjustment from Estimated to Actual 2007-2008 Beginning Unreserved Balance 47,867,864 Projected Reversions from FY 2007-2008 170,000,000 Projected Overcollections from FY 2007-2008 88,700,000 Less: Credit to Repairs and Renovation Reserve Account 69,839,238 Beginning Unreserved Fund Balance $ 506,232,724 Revenues Based on Existing Tax Structure $ 19,903,800,000 Nontax Revenues Investment Income $ 247,300,000 Judicial Fees 204,800,000 Disproportionate Share 100,000,000 Insurance 62,900,000 Other Nontax Revenues 160,600,000 Highway Trust Fund Transfer 172,500,000 Highway Fund Transfer 17,600,000 Subtotal Nontax Revenues $ 965,700,000 Total General Fund Availability $ 21,375,732,724 Adjustments to Availability: 2008 Session Adjustments for Economic Uncertainty $ (45,000,000) Extend Sunset for State Ports Tax Credit (1,000,000) Extend Credit for Research & Development (1,000,000) Page 4 Session Law 2008-107 SL2008-0107 Modify Estate Tax Law (2,000,000) Exempt Disaster Assistance Debit Sales (500,000) Sales Tax Holiday for Certain Energy Star Rated Appliances (1,400,000) Extend Sunset for Small Business Employee Health Benefits Tax Credit (8,500,000) State Sales Tax Exemption for Baked Goods Sold By Artisan Bakeries (1,600,000) Small Businesses Protection Act (2,200,000) Excise Tax on Machinery Refurbishers (300,000) Expand Film Industry Credit and Extend Sunset (100,000) Expand Renewable Energy Tax Credit (100,000) Reserve for Tax Relief (700,000) Health Care Facility Construction Project Fee Service Regulation Fee Increase 822,028 Adjust Fee Receipts for Asbestos Hazard Management Program 71,615 Adjust Securities Filing Fee 1,993,500 Reduce Transfer to Highway Trust Fund (25,000,000) Transfer from Disaster Relief Reserve (Western NC Disasters) 26,000,000 Transfer from NC Rx Unexpended Balance 3,500,000 Transfer from Tobacco Trust Fund 5,000,000 Transfer from Health & Wellness Trust Fund 5,000,000 Transfer from Coaching Scholarship Fund 267,000 Transfer from Principal Fellows Trust Fund 1,000,000 Transfer from NC Community College System Computer Information System (CIS) Fund Balance 4,500,000 Transfer from Focused Industrial Training Unexpended Balance 783,246 Transfer from Disproportionate Share Reserve 19,300,000 Adjust Transfer from Insurance Regulatory Fund 633,492 Adjust Transfer from Treasurer's Office 763,829 Subtotal Adjustments to Availability: 2008 Session $ (19,765,290) Revised General Fund Availability for 2008-2009 Fiscal Year $ 21,355,967,434 Less: Total General Fund Appropriations for 2008-2009 Fiscal Year $ (21,355,967,434) Unappropriated Balance Remaining 0 SECTION 2.2.(b) Notwithstanding the provisions of G.S. 143C-4-3, the State Controller shall transfer sixty nine million eight hundred thirty nine thousand two hundred thirty-eight dollars ($69,839,238) from the unreserved fund balance to the Repairs and Renovations Reserve Account on June 30, 2008. This subsection becomes effective June 30, 2008. SECTION 2.2.(c) Funds transferred under this section to the Repairs and Renovations Reserve Account are appropriated for the 2008-2009 fiscal year to be used in accordance with G.S. 143C-4-3. SECTION 2.2.(c1) Notwithstanding G.S. 143C-4-2, the State Controller shall not transfer any funds from the unreserved fund balance to the Savings Reserve Account on June 30, 2008. SECTION 2.2.(d) Section 2.2.(d) of S.L. 2007-323 reads as rewritten. "SECTION 2.2.(d) Notwithstanding the provisions of G.S. 105-187.9(b)(1), the sum to be transferred under that subdivision for the 2007-2008 fiscal year is one hundred seventy million dollars ($170,000,000) and for the 2008-2009 fiscal year is one hundred seventy million dollars ($170,000,000). one hundred forty-five million dollars ($145,000,000)." SL2008-0107 Session Law 2008-107 Page 5 SECTION 2.2.(e) Notwithstanding G.S.
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