General assembly of north carolina

PART V. Other Appropriations
ELIMINATE REPORTING REQUIREMENT/APPROPRIATION OF OTHER FUNDS/USE OF DEPARTMENTAL RECEIPTS

SECTION 5.1. Section 5.1 of S.L. 2011 145 reads as rewritten:

"SECTION 5.1.(a) State funds, as defined in G.S. 143C 1 1(d)(25), are appropriated as provided in G.S. 143C 1 2 for the 2011 2013 fiscal biennium, with the adjustments made to the continuation budget as reflected in the Governor's Recommended Budget and Budget Support Document, as follows:

(1) For all budget codes listed in "The State of North Carolina Governor's Recommended Budget, 2011 2013" and in the Budget Support Document, cash balances and receipts are appropriated up to the amounts specified, as adjusted by the General Assembly, for the 2011 2012 fiscal year and the 2012 2013 fiscal year. Funds may be expended only for the programs, purposes, objects, and line items or as otherwise authorized by the General Assembly. Expansion budget funds listed in those documents are appropriated only as otherwise provided in this act.

(2) Notwithstanding the provisions of subdivision (1) of this subsection:

a. Any receipts that are required to be used to pay debt service requirements for various outstanding bond issues and certificates of participation are appropriated up to the actual amounts received for the 2011 2012 fiscal year and the 2012 2013 fiscal year and shall be used only to pay debt service requirements.

b. Other funds, cash balances, and receipts of funds that meet the definition issued by the Governmental Accounting Standards Board of a trust or agency fund are appropriated for and in the amounts required to meet the legal requirements of the trust agreement for the 2011 2012 fiscal year and the 2012 2013 fiscal year.

"SECTION 5.1.(b) Receipts collected in a fiscal year in excess of the amounts authorized by this section shall remain unexpended and unencumbered until appropriated by the General Assembly in a subsequent fiscal year, unless the expenditure of overrealized receipts in the fiscal year in which the receipts were collected is authorized by the State Budget Act. Overrealized receipts are appropriated up to the amounts necessary to implement this subsection.

"SECTION 5.1.(c) In addition to the consultation and reporting requirements set out in G.S. 143C 6 4, the Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division within 30 days after the end of each quarter on any overrealized receipts approved for expenditure under this subsection by the Director of the Budget. The report shall include the source of the receipt, the amount overrealized, the amount authorized for expenditure, and the rationale for expenditure.

"SECTION 5.1.(d) Notwithstanding subsections (a) and (b) of this section, there is appropriated from the Reserve for Reimbursements to Local Governments and Shared Tax Revenues for each fiscal year an amount equal to the amount of the distributions required by law to be made from that reserve for that fiscal year. Notwithstanding subsections (a) and (b) of this section, the following additional appropriations are hereby made:

(1) There is appropriated from the Reserve for Reimbursements to Local Governments and Shared Tax Revenues for each fiscal year an amount equal to the amount of the distributions required by law to be made from that reserve for that fiscal year.

(2) There is appropriated from the General Fund an amount equal to the amount required to issue refunds for tax overpayments, in accordance with the provisions of Chapter 105 of the General Statutes or any other applicable law.

(3) There is appropriated from the Escheat Fund any escheated property awarded to a claimant in accordance with the provisions of Chapter 116B of the General Statutes or any other applicable law.

(4) There is appropriated from the appropriate fund, an amount equal to the amount required to refund any other overpayment made to a State agency, in accordance with applicable law."

EDUCATION LOTTERY

SECTION 5.3.(a) Notwithstanding G.S. 18C 164, the revenue used to support appropriations made in this act is transferred from the State Lottery Fund in the amount of four hundred forty one million three hundred fifty nine thousand four hundred one dollars ($441,359,401) for the 2012 2013 fiscal year.

SECTION 5.3.(b) Notwithstanding G.S. 18C 164, the North Carolina State Lottery Commission shall not transfer funds to the Education Lottery Reserve Fund for the 2012 2013 fiscal year.

SECTION 5.3.(c) Section 5.4(f) of S.L. 2011 145 is repealed.

SECTION 5.3.(d) Notwithstanding G.S. 18C 164(f) or any other provision of law, excess lottery receipts realized in the 2011 2012 fiscal year in the amount of twenty five million five hundred eighty eight thousand three hundred seventy dollars ($25,588,370) shall be allocated for UNC Need Based Financial Aid.

SECTION 5.3.(g) Notwithstanding G.S. 18C 164, the appropriations made from the Education Lottery Fund for the 2012 2013 fiscal year are as follows:

Teachers in Early Grades $ 220,643,188

Prekindergarten Program $ 63,135,709

Public School Building Capital Fund $ 100,000,000

Scholarships for Needy Students $ 30,450,000

UNC Need Based Financial Aid $ 10,744,733

LEA Adjustment $ 16,385,771

Total Appropriation $ 441,359,401

SECTION 5.3.(h) Notwithstanding G.S. 18C 164(c), G.S. 115C 546.2(d), or any other provision of law, funds appropriated in this section to the Public School Building Capital Fund for the 2012 2013 fiscal year shall be allocated to counties on the basis of average daily membership (ADM).

SECTION 5.3.(i) Notwithstanding G.S. 18C 164(c), Article 35A of Chapter 115C of the General Statutes, or any other provision of law, the funds appropriated in this section for UNC Need Based Financial Aid shall be administered in accordance with the policy adopted by the Board of Governors of The University of North Carolina.