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OSBM Budget Manual - Office of State Budget and Management

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BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 1OFFICE OF STATE BUDGET AND MANAGEMENT(919) 733-7061 (phone)(919) 733-0640 (fax)http://www.osbm.state.nc.usINTRODUCTIONThe <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> (<strong>OSBM</strong>) prepares the <strong>Budget</strong> <strong>Manual</strong> for the <strong>State</strong><strong>of</strong> North Carolina for use by state departments, agencies <strong>and</strong> institutions in the preparation <strong>and</strong>administration <strong>of</strong> their budgets. The <strong>Manual</strong> is a guide to state departments <strong>and</strong> agencies indischarging their duties under applicable laws <strong>and</strong> regulations. It is the responsibility <strong>of</strong>department heads <strong>and</strong> their fiscal staffs to acquaint themselves with the <strong>Manual</strong>.The <strong>Manual</strong> is divided into eight major sections:1. The Executive <strong>Budget</strong> Act2. <strong>Budget</strong> Development3. <strong>Budget</strong> Execution4. Fiscal Policies <strong>and</strong> Regulations5. Travel Policies <strong>and</strong> Regulations6. Personnel7. Reporting8. GlossaryThere are several features that should facilitate referencing <strong>and</strong> navigating throughout the<strong>Manual</strong>. First, there is an index at the beginning <strong>of</strong> each section that will assist users with quickreferencing. Second, specific General Statute citations are referenced throughout the <strong>Manual</strong><strong>and</strong> the online version includes direct links to the appropriate General Statute. A third feature,also in the online version, is the inclusion <strong>of</strong> direct links to other sites for useful information <strong>and</strong>documents. Finally, this <strong>Manual</strong> will include <strong>Budget</strong> Memor<strong>and</strong>ums issued by <strong>OSBM</strong>subsequent to this <strong>Manual</strong>’s most recent update.All revisions, supplements <strong>and</strong> deletions to the <strong>Manual</strong> will be issued through the <strong>State</strong> <strong>Budget</strong><strong>Office</strong>r. Departmental <strong>of</strong>ficials <strong>and</strong> their staffs should maintain a current version <strong>of</strong> the <strong>Manual</strong>that will be updated online periodically by <strong>OSBM</strong>. The header at the top <strong>of</strong> each page in the<strong>Manual</strong> reflects the effective date <strong>of</strong> this version <strong>of</strong> the <strong>Manual</strong> <strong>and</strong> the date <strong>of</strong> the most recentupdates to this version. Users may refer to the “List <strong>of</strong> <strong>Budget</strong> <strong>Manual</strong> Revisions” below for alist <strong>of</strong> revisions issued subsequent to the <strong>Manual</strong>’s effective date.Any exceptions to the rules, regulations, or guidelines stated in the <strong>Budget</strong> <strong>Manual</strong>, except thoseexceptions expressly delegated, must be approved by <strong>OSBM</strong>. These policies may be superceded


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 2by <strong>OSBM</strong> directives or agency policies as long as they conform to the basic principles <strong>of</strong> the<strong>State</strong> <strong>Budget</strong> <strong>Manual</strong>.An <strong>OSBM</strong> staff directory is available at http://www.osbm.state.nc.us/osbm/osbmstaff.html.Questions, comments, or suggestions concerning the <strong>Budget</strong> <strong>Manual</strong> may be sent to <strong>Budget</strong>-<strong>Manual</strong>-<strong>OSBM</strong>@ncmail.net. Periodically, <strong>OSBM</strong> will revise the <strong>Budget</strong> <strong>Manual</strong> to reflectpolicy <strong>and</strong> procedure changes <strong>and</strong> to make the <strong>Budget</strong> <strong>Manual</strong> more user-friendly.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 3List <strong>of</strong> <strong>Budget</strong> <strong>Manual</strong> RevisionsDate <strong>of</strong> Revision Topic Section Page7/1/2003 Subsistence Rates Travel 141-142, 150-1511/12/2004 Misuse <strong>of</strong> <strong>State</strong> Property Personnel 1741/12/2004 Safety Shoe Allowance Personnel 161-1621/12/2004 Special Appropriations <strong>Budget</strong> Execution 1061/12/2004 Transp. By Personal Vehicle Travel 1466/28/2005 Subsistence Rate Revision Travel


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 4List <strong>of</strong> <strong>OSBM</strong>’s <strong>Budget</strong> Memor<strong>and</strong>umsBelow is a list <strong>of</strong> <strong>OSBM</strong> budget memor<strong>and</strong>ums issued after the most recent update. A completelist <strong>of</strong> all <strong>OSBM</strong> budget memor<strong>and</strong>ums may be found at the <strong>of</strong>fice’s websitehttp://www.osbm.state.nc.us/osbm/index.html.Date <strong>of</strong> Issuance Topic Time Limited


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 5TABLE OF CONTENTSOnline Start PageSection 1: Executive <strong>Budget</strong> Act 6Section 2: <strong>Budget</strong> Development 57Section 3: <strong>Budget</strong> Execution 68Section 4: Fiscal Policies <strong>and</strong> Regulations 127Section 5: Travel Policies <strong>and</strong> Regulations 140Section 6: Personnel 159Section 7: Reporting 175Section 8: Glossary 198


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 6EXECUTIVE BUDGET ACT INDEXSection Title Page143-1 Scope <strong>and</strong> definitions 9143-2 Purposes 9143-3 Examination <strong>of</strong> <strong>of</strong>ficers <strong>and</strong> agencies; disbursements 9143-3.1 Transfer <strong>of</strong> functions 10143-3.2 Issuance <strong>of</strong> warrants upon <strong>State</strong> Treasurer; delivery <strong>of</strong> warrants <strong>and</strong>disbursements for non-<strong>State</strong> entities 11143-3.3 Assignments <strong>of</strong> claims against <strong>State</strong> 12143-3.4 Warrants for money paid into treasury by mistake 14143-3.5 Coordination <strong>of</strong> statistics; fiscal analysis required for any bill proposed bya <strong>State</strong> agency that affects the budget 14143-4 Advisory <strong>Budget</strong> Commission 15143-4.1 Biennial inspection 17143-5 Appropriation rules 17143-6 Information from departments <strong>and</strong> agencies asking <strong>State</strong> aid 17143-6.1 Reports on use <strong>of</strong> <strong>State</strong> funds by non-<strong>State</strong> entities 18143-7 Itemized statements <strong>and</strong> forms; exemptions from G.S. 143-64.6(c)(10) 19143-8 Reporting <strong>of</strong> legislative <strong>and</strong> judicial expenditures <strong>and</strong> financial needs 20143-9 Information to be furnished upon request 20143-10 Preparation <strong>of</strong> budget <strong>and</strong> public hearing 20143-10.1A <strong>Budget</strong> required to include <strong>State</strong> cost <strong>of</strong> local programs - Continuation <strong>and</strong>expansion costs 21143-10.2 Limit on number <strong>of</strong> <strong>State</strong> employees 21143-10.7 Review <strong>of</strong> department forms <strong>and</strong> reports 21143-11 Survey <strong>of</strong> departments 21143-12 Bills containing proposed appropriations 24143-12.1 Vending facilities 25143-13 Printing copies <strong>of</strong> budget report <strong>and</strong> bills <strong>and</strong> rules for the introduction <strong>of</strong>the same 26143-14 Joint meetings <strong>of</strong> committees considering the budget report <strong>and</strong>appropriation bill 26143-15 Reduction <strong>and</strong> increase <strong>of</strong> items by General Assembly 27143-15.1 Current Operations Appropriations Act; General Fund Financial Model 28143-15.2 Use <strong>of</strong> General Fund credit balance; priority uses 28143-15.3 Savings Reserve Account 29143-15.3A Repairs <strong>and</strong> Renovations Reserve Account 29143-15.3B The Clean Water <strong>Management</strong> Trust Fund 30143-15.3C Work First Reserve Fund 31


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 7Section Title Page143-15.3D Trust Fund for Mental Health, Development Disabilities, <strong>and</strong> SubstanceAbuse Services <strong>and</strong> Bridge Funding Needs 31143-15.4 (Effective beginning with the 1993-94 General Fund Operating <strong>Budget</strong>)General Fund Operating <strong>Budget</strong> size limited 32143-16 Article governs all departmental, agency, etc., appropriations 32143-16.1 Federal funds 33143-16.2 Reports 33143-16.3 No expenditures for purposes for which the General Assembly hasconsidered but not enacted an appropriation 34143-16.4 Settlement Reserve Fund 34143-17 Requisition for allotment 34143-18 Unencumbered balances to revert to treasury; capital appropriations 35excepted143-18.1 Decrease <strong>of</strong> projects within capital improvement appropriations;requesting authorization <strong>of</strong> capital projects not specifically provided 35for143-19 Help for the Director 36143-20 Accounting records 37143-20.1 Annual financial statements 37143-21 Issuance <strong>of</strong> subpoenas 37143-22 Surveys, studies, <strong>and</strong> examinations <strong>of</strong> departments <strong>and</strong> institutions 38143-23 All maintenance funds for itemized purposes; transfers between objects orline items 38143-23.2 Transfers to Department <strong>of</strong> Health <strong>and</strong> Human Services 41143-23.3 Transfer <strong>of</strong> certain funds authorized 41143-24 Borrowing <strong>of</strong> money by <strong>State</strong> Treasurer 41143-25 Maintenance appropriations dependent upon adequacy <strong>of</strong> revenue tosupport them 41143-26 Director to have discretion as to manner <strong>of</strong> paying annual appropriations 43143-27 Appropriations to educational, charitable, <strong>and</strong> correctional institutions arein addition to receipts by them 43143-27.2 Discontinued service retirement allowance <strong>and</strong> severance wages for certain<strong>State</strong> employees 44143-28 All <strong>State</strong> agencies under provisions <strong>of</strong> this Article 45143-28.1 Highway Fund appropriation 45143-29 Delegation <strong>of</strong> power by Director 47143-30 <strong>Budget</strong> <strong>of</strong> <strong>State</strong> institutions 47143-31 Building <strong>and</strong> permanent improvement funds spent in accordance with 47budget143-31.1 Study <strong>and</strong> review <strong>of</strong> plans <strong>and</strong> specifications for building, improvement,etc., projects 48


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 8143-31.2 Appropriation, allotment, <strong>and</strong> expenditure <strong>of</strong> funds for historic <strong>and</strong>archeological property 48Section Title Page143-31.3 Grants to nonstate health <strong>and</strong> welfare agencies 49143-31.4 Non-<strong>State</strong> match restrictions 49143-31.5 Repayment <strong>of</strong> certain unexpended <strong>and</strong> unencumbered sums; reports 49143-32 Person expending an appropriation wrongfully 49143-33 Intent 50143-34 Penalties <strong>and</strong> punishment for violations 50143-34.1 Positions included in the <strong>State</strong>'s payroll must be approved by the Director<strong>of</strong> <strong>Budget</strong>; payment <strong>of</strong> benefits <strong>and</strong> other salary-related items must bemade from same source as salary; dependent care assistance programauthorized; flexible compensation benefits authorized 51143-34.2 Information as to requests for nonstate funds for projects imposingobligation on <strong>State</strong>; statement <strong>of</strong> participation in contacts, etc., fornonstate funds; limiting clause required in certain contracts or grants 52143-34.6 Deposit <strong>of</strong> payroll deductions 53143-34.7 Participation by Legislative <strong>Office</strong>rs 53Chapter 143Article 1BCapital Improvement Planning Act(G.S. 143-34.40 through 143-34.45)143-34.40 Definition 54143-34.41 Legislative intent, purpose 54143-34.42 Capital improvement facilities inventory 54143-34.43 Capital improvement needs criteria 54143-34.44 Agency capital improvement needs estimates 55143-34.45 Six year capital improvement plan 55


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 9§ 143-1. Scope <strong>and</strong> definitions.This Article shall be known, <strong>and</strong> may be cited, as "The Executive <strong>Budget</strong> Act." Whenever theword "Director" is used herein, it shall be construed to mean "Director <strong>of</strong> the <strong>Budget</strong>."Whenever the word "Commission" is used herein, it shall be construed to mean "Advisory<strong>Budget</strong> Commission," if the context shows that it is used with reference to any power or dutybelonging to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> to be performed by it, but it shallmean when used otherwise any <strong>State</strong> agency, <strong>and</strong> any other agency, person or commission bywhatever name called, that uses or expends or receives any <strong>State</strong> funds. "<strong>State</strong> funds" are herebydefined to mean any <strong>and</strong> all moneys appropriated by the General Assembly <strong>of</strong> North Carolina, ormoneys collected by or for the <strong>State</strong>, or any agency there<strong>of</strong>, pursuant to the authority granted inany <strong>of</strong> its laws. (1925, c. 89, s. 1; 1929, c. 100, s. 1; 1957, c. 269, s. 2; 1979, 2 nd Sess., c. 1137, s.37; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-2. Purposes.It is the purpose <strong>of</strong> this Article to vest in the Governor <strong>of</strong> the <strong>State</strong> a direct <strong>and</strong> effectivesupervision <strong>of</strong> all agencies, institutions, departments, bureaus, boards, commissions, <strong>and</strong>every <strong>State</strong> agency by whatsoever name now or hereafter called, including the same power <strong>and</strong>supervision over such private corporations <strong>and</strong> persons <strong>and</strong> organizations <strong>of</strong> all kinds that mayreceive, pursuant to statute, any funds either appropriated by, or collected for, the <strong>State</strong> <strong>of</strong> NorthCarolina, or any <strong>of</strong> its departments, boards, divisions, agencies, institutions <strong>and</strong> commissions; forthe efficient <strong>and</strong> economical administration <strong>of</strong> all agencies, institutions, departments, bureaus,boards, commissions, persons or corporations that receive or use <strong>State</strong> funds; <strong>and</strong> for theinitiation <strong>and</strong> preparation <strong>of</strong> a balanced budget <strong>of</strong> any <strong>and</strong> all revenues <strong>and</strong> expenditures for eachsession <strong>of</strong> the General Assembly.The Governor shall be ex <strong>of</strong>ficio Director <strong>of</strong> the <strong>Budget</strong>. The purpose <strong>of</strong> this Article is to includewithin the powers <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> all agencies, institutions,departments, bureaus, boards, <strong>and</strong> commissions <strong>of</strong> the <strong>State</strong> <strong>of</strong> North Carolina under whatevername now or hereafter known, <strong>and</strong> the change <strong>of</strong> the name <strong>of</strong> such agencies hereafter shall notaffect or lessen the powers <strong>and</strong> duties <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> in respectthereto.The test as to whether an institution, department, agency, board, commission, or corporation orperson is included within the purpose <strong>and</strong> powers <strong>and</strong> duties <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong> shallbe whether such agency or person receives for use, or expends, any <strong>of</strong> the funds <strong>of</strong> the <strong>State</strong> <strong>of</strong>North Carolina, including funds appropriated by the General Assembly <strong>and</strong> funds arising fromthe collection <strong>of</strong> fees, taxes, donations appropriative, or otherwise. (1925, c. 89, s. 2; 1929, c.100, s. 2; 1955, c. 578, s. 1; c. 743; 1957, c. 269, ss. 1, 2; 1979, 2nd Sess., c. 1137, s. 37; 1981, c.859, s. 47.1; 1983 (Reg. Sess., 1984), c. 1109, s. 10; 1985, c. 290, s. 1; 2000-140, s. 93.1(a);2001-424, s. 12.2(b).)§ 143-3. Examination <strong>of</strong> <strong>of</strong>ficers <strong>and</strong> agencies; disbursements.The Director shall have power to examine under oath any <strong>of</strong>ficer or any head, any clerk oremployee, <strong>of</strong> any department, institution, bureau, division, board, commission, corporation,


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 10association, or any agency; to cause the attendance <strong>of</strong> all such persons, requiring such persons t<strong>of</strong>urnish any <strong>and</strong> all information desired relating to the affairs <strong>of</strong> such agency; to compel theproduction <strong>of</strong> books, papers, accounts, or other documents in the possession or under the control<strong>of</strong> such person so required to attend. The Director or his authorized representative shall have theright <strong>and</strong> the power to examine any <strong>State</strong> institution or agency, board, bureau, division,commission, corporation, person, <strong>and</strong> to inspect its property, <strong>and</strong> inquire into the method <strong>of</strong>operation <strong>and</strong> management.The Director shall have power to have the books <strong>and</strong> accounts <strong>of</strong> any <strong>of</strong> such agencies or personsaudited, <strong>and</strong> supervise generally the budget accounts <strong>of</strong> such departments, institutions <strong>and</strong>agencies within the terms <strong>of</strong> this Article. The Director may require that the cost <strong>of</strong> making allaudits shall be paid from the regular maintenance appropriation made by the General Assemblyfor such department, institution or agency which may be thus audited.It shall be the duty <strong>of</strong> the Director to recommend to the General Assembly at each session suchchanges in the organization, management <strong>and</strong> general conduct <strong>of</strong> the various departments,institutions <strong>and</strong> other agencies <strong>of</strong> the <strong>State</strong>, <strong>and</strong> included within the terms <strong>of</strong> this Article, as in hisjudgment will promote the more efficient <strong>and</strong> economical operation <strong>and</strong> management there<strong>of</strong>.The <strong>State</strong> Controller under the provisions <strong>of</strong> the Executive <strong>Budget</strong> Act shall prescribe themanner in which disbursements <strong>of</strong> the several institutions <strong>and</strong> departments shall be made <strong>and</strong>mayrequire that all warrants, vouchers or checks, except those drawn by the <strong>State</strong> Auditor, <strong>State</strong>Treasurer, <strong>and</strong> Administrative <strong>Office</strong>r <strong>of</strong> the Courts shall bear two signatures <strong>of</strong> such <strong>of</strong>ficersas will be designated by the <strong>State</strong> Controller. (1925, c. 89, s. 3; 1929, c. 100, s. 3; c. 337, s. 4;1969, c. 458, s. 3; 1981, c. 859, s. 47.1; 1985 (Reg. Sess., 1986), c. 1024, s. 2.)§ 143-3.1. Transfers <strong>of</strong> functions.The functions <strong>of</strong> preaudit <strong>of</strong> <strong>State</strong> agency expenditures, issuance <strong>of</strong> warrants on the <strong>State</strong>Treasurer for <strong>State</strong> agency expenditures, <strong>and</strong> maintenance <strong>of</strong> records pertaining to thesefunctions shall be transferred from the Director <strong>of</strong> the <strong>Budget</strong> to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong>Controller. All statutory authority, personnel, unexpended balances <strong>of</strong> appropriations or otherfunds, books, papers, reports, files <strong>and</strong> other records <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong> pertaining to <strong>and</strong> used in the performance <strong>of</strong> these functions shall be transferred tothe <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller; <strong>of</strong>fice machinery <strong>and</strong> equipment used primarily in theperformance <strong>of</strong> these functions shall also be transferred to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller. TheGovernor is authorized to do all things necessary to effect an orderly <strong>and</strong> efficient transfer.The functions <strong>of</strong> accounting systems development, maintenance, <strong>and</strong> coordination shall betransferred from the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Auditor to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller. All statutoryauthority, personnel, unexpended balances <strong>of</strong> appropriations or other funds, books, papers,reports, files, s<strong>of</strong>tware, documentation, <strong>and</strong> other records <strong>of</strong> the Auditor's <strong>Office</strong> pertaining to<strong>and</strong> used in the performance <strong>of</strong> these functions shall be transferred to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong>Controller; <strong>of</strong>fice machinery, equipment, terminals <strong>and</strong> the like used primarily in theperformance <strong>of</strong> these functions shall also be transferred to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller. The


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 11<strong>State</strong> Auditor, with the advice <strong>and</strong> consent <strong>of</strong> the Governor, is authorized to do all thingsnecessary to effect an orderly <strong>and</strong> efficient transfer. (1955, c. 578, s. 2; 1957, c. 269, s. 2; 1979,2nd Sess., c. 1137, s. 37; 1985 (Reg. Sess., 1986), c. 1024, s. 3; 2000-140, c. 93.1(i).)§ 143-3.2. Issuance <strong>of</strong> warrants upon <strong>State</strong> Treasurer; delivery <strong>of</strong> warrants <strong>and</strong>disbursements for non-<strong>State</strong> entities.(a) The <strong>State</strong> Controller shall have the exclusive responsibility for the issuance <strong>of</strong> all warrantsfor the payment <strong>of</strong> money upon the <strong>State</strong> Treasurer. All warrants upon the <strong>State</strong> Treasurer shallbe signed by the <strong>State</strong> Controller, who before issuing them shall determine the legality <strong>of</strong>payment <strong>and</strong> the correctness <strong>of</strong> the accounts. All warrants issued for non-<strong>State</strong> entities shall bedelivered by the appropriate agency to the entity's legally designated recipient by United <strong>State</strong>smail or its equivalent, including electronic funds transfer.When the <strong>State</strong> Controller finds it expedient to do so because <strong>of</strong> a <strong>State</strong> agency's size <strong>and</strong>location, the <strong>State</strong> Controller may authorize a <strong>State</strong> agency to make expenditures through adisbursing account with the <strong>State</strong> Treasurer. The <strong>State</strong> Controller shall authorize the JudicialDepartment <strong>and</strong> the General Assembly to make expenditures through such disbursingaccounts. All disbursements made to non-<strong>State</strong> entities shall be delivered by the appropriateagency to the entity's legally designated recipient by United <strong>State</strong>s mail or its equivalent,including electronic funds transfer. All deposits in these disbursing accounts shall be by the <strong>State</strong>Controller's warrant. A copy <strong>of</strong> each voucher making withdrawals from these disbursingaccounts <strong>and</strong> any supporting data required by the <strong>State</strong> Controller shall be forwarded to the<strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller monthly or as otherwise required by the <strong>State</strong> Controller.Supporting data for a voucher making a withdrawal from one <strong>of</strong> these disbursing accounts tomeet a payroll shall include the amount <strong>of</strong> the payroll <strong>and</strong> the employees whose compensation ispart <strong>of</strong> the payroll.A central payroll unit operating under the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller may make deposits <strong>and</strong>withdrawals directly to <strong>and</strong> from a disbursing account. The disbursing account shall constitute arevolving fund for servicing payrolls passed through the central payroll unit.The <strong>State</strong> Controller may use a facsimile signature machine in affixing his signature to warrants.(b) The <strong>State</strong> Treasurer may impose on an agency a fee <strong>of</strong> fifteen dollars ($15.00) for each checkdrawn against the agency's disbursing account that causes the balance in the account to be inoverdraft or while the account is in overdraft. The financial <strong>of</strong>ficer shall pay the fee from non-<strong>State</strong> or personal funds to the General Fund to the credit <strong>of</strong> the miscellaneous non-tax revenueaccount by the agency. (1955, c. 578, s. 2; 1957, c. 269, s. 2; 1961, c. 1194; 1969, c. 844, s. 12;1979, 2nd Sess., c. 1137, s. 37; 1981, c. 859, s. 47.1; c. 884, s. 10; 1985, c. 290, s. 2; 1985 (Reg.Sess., 1986), c. 1024, s. 4; 1989 (Reg. Sess., 1990), c. 1074, s. 17; 1991, c. 542, s. 5; 1995, c.507, s. 27.4.)§ 143-3.3. Assignments <strong>of</strong> claims against <strong>State</strong>.(a) Definitions. - The following definitions apply in this section:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 12(1) Assignment. An assignment or transfer <strong>of</strong> a claim, or a power <strong>of</strong> attorney, an order, oranother authority for receiving payment <strong>of</strong> a claim.(2) Claim. A claim, a part or a share <strong>of</strong> a claim, or an interest in a claim, whether absoluteor conditional.(3) Qualified charitable organization. A charitable organization that is exempt from federalincome tax pursuant to section 501(c)(3) <strong>of</strong> the Internal Revenue Code.(4) <strong>State</strong> employee credit union. A credit union organized under Chapter 54 <strong>of</strong> the GeneralStatutes whose membership is at least one-half employees <strong>of</strong> the <strong>State</strong>.(5) The <strong>State</strong>. The <strong>State</strong> <strong>of</strong> North Carolina <strong>and</strong> any department, bureau, or institution <strong>of</strong> the<strong>State</strong> <strong>of</strong> North Carolina.(b) Assignments Prohibited. - Except as otherwise provided in this section, any assignment <strong>of</strong> aclaim against the <strong>State</strong> is void, regardless <strong>of</strong> the consideration given for the assignment, unlessthe claim has been duly audited <strong>and</strong> allowed by the <strong>State</strong> <strong>and</strong> the <strong>State</strong> has issued a warrant forpayment <strong>of</strong> the claim. Except as otherwise provided in this section, the <strong>State</strong> shall not issue awarrant to an assignee <strong>of</strong> a claim against the <strong>State</strong>.(c) Assignments in Favor <strong>of</strong> Certain Entities Allowed. – This section does not apply to anassignment in favor <strong>of</strong>:(1) A hospital.(2) A building <strong>and</strong> loan association.(3) A uniform rental firm in order to allow an employee <strong>of</strong> the Department <strong>of</strong>Transportation to rent uniforms that include day-glo orange shirts or vests as requiredby federal <strong>and</strong> <strong>State</strong> law.(4) An insurance company for medical, hospital, disability, or life insurance.(d) Assignments to Meet Child Support Obligations Allowed. - This section does not apply toassignments made to meet child support obligations pursuant to G.S. 110-136.1.(e) Assignments for Prepaid Legal Services Allowed. – This section does not apply to anassignment for payment for prepaid legal services.(f) Payroll Deduction for <strong>State</strong> Employee Credit Union Accounts Allowed. - An employee <strong>of</strong> the<strong>State</strong> who is a member <strong>of</strong> a <strong>State</strong> employee credit union may authorize, in writing, the periodicdeduction from the employee's salary or wages paid for employment by the <strong>State</strong> <strong>of</strong> a designatedlump sum for deposit to any credit union accounts, purchase <strong>of</strong> any credit union shares, orpayment <strong>of</strong> any credit union obligations agreed to by the employee <strong>and</strong> the <strong>State</strong> employee creditunion.(g) Payroll Deduction for Payments to Certain Employees' Associations Allowed. - An employee<strong>of</strong> the <strong>State</strong> or any <strong>of</strong> its institutions, departments, bureaus, agencies or commissions, or any <strong>of</strong>its local boards <strong>of</strong> education or community colleges, who is a member <strong>of</strong> a domiciled employees'association that has at least 2,000 members, the majority <strong>of</strong> whom are employees <strong>of</strong> the <strong>State</strong> orpublic school employees, may authorize, in writing, the periodic deduction each payroll period


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 13from the employee's salary or wages a designated lump sum to be paid to the employees'association.An employee <strong>of</strong> any local board <strong>of</strong> education who is a member <strong>of</strong> a domiciled employees'association that has at least 40,000 members, the majority <strong>of</strong> whom are public school teachers,may authorize in writing the periodic deduction each payroll period from the employee's salaryor wages a designated lump sum or sums to be paid for dues <strong>and</strong> voluntary contributions for theemployees' association.An authorization under this subsection shall remain in effect until revoked by the employee. Aplan <strong>of</strong> payroll deductions pursuant to this subsection for employees <strong>of</strong> the <strong>State</strong> <strong>and</strong> otherassociation members shall become void if the employees' association engages in collectivebargaining with the <strong>State</strong>, any political subdivision <strong>of</strong> the <strong>State</strong>, or any local schooladministrative unit. This subsection does not apply to county or municipal governments or anylocal governmental unit, except for local boards <strong>of</strong> education.(h) Payroll Deduction for <strong>State</strong> Employees Combined Campaign Allowed. - Subject to rulesadopted by the <strong>State</strong> Controller, an employee <strong>of</strong> the <strong>State</strong> may authorize, in writing, the periodicdeduction from the employee's salary or wages paid for employment by the <strong>State</strong> <strong>of</strong> a designatedlump sum to be paid to satisfy the employee's pledge to the <strong>State</strong> Employees CombinedCampaign.(i) Payroll Deduction for Public School <strong>and</strong> Community College Employees' Contributions toCharitable Organizations Allowed. - Subject to rules adopted by the <strong>State</strong> Controller, anemployee <strong>of</strong> a local board <strong>of</strong> education or community college may authorize, in writing, theperiodic deduction from the employee's salary or wages paid for employment by the board <strong>of</strong>education or community college <strong>of</strong> a designated lump sum to be contributed to a qualifiedcharitable organization that has first been approved by the employee's board <strong>of</strong> education orcommunity college board.(j) Payroll Deduction for University <strong>of</strong> North Carolina System Employees' Contributions toCertain Charitable Organizations Allowed. - Subject to rules adopted by the <strong>State</strong> Controller, ifa constituent institution <strong>of</strong> The University <strong>of</strong> North Carolina approves a payroll deduction planunder this subsection, an employee <strong>of</strong> the constituent institution may authorize, in writing, theperiodic deduction from the employee's salary or wages paid for employment by the constituentinstitution <strong>of</strong> a designated lump sum to be contributed to a qualified charitable organization thatexists to support athletic or charitable programs <strong>of</strong> the constituent institution <strong>and</strong> that has firstbeen approved by the President <strong>of</strong> The University <strong>of</strong> North Carolina as existing to supportathletic or charitable programs. If a payroll deduction plan under this subsection results inadditional costs to a constituent institution, these costs shall be paid by the qualified charitableorganizations receiving contributions under the plan.(k) Payroll Deduction for University <strong>of</strong> North Carolina System Employees to Pay forDiscretionary Privileges <strong>of</strong> University Service. - Subject to rules adopted by the <strong>State</strong> Controller,if a constituent institution <strong>of</strong> The University <strong>of</strong> North Carolina approves a payroll deduction plan


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 14under this subsection, an employee <strong>of</strong> the constituent institution may authorize, in writing, theperiodic deduction from the employee's salary or wages paid for employment by the constituentinstitution, <strong>of</strong> one or more designated lump sums to be applied to the cost <strong>of</strong> correspondingdiscretionary privileges available at employee expense from the employing institution.Discretionary privileges from the employing institution that may be paid for through thissubsection include parking privileges, athletic passes, use <strong>of</strong> recreational facilities, admission tocampus concert series, <strong>and</strong> access to other institutionally hosted or provided entertainments,events, <strong>and</strong> facilities.(l) Assignment <strong>of</strong> Payments From the Underground Storage Tank Cleanup Funds. - This sectiondoes not apply to an assignment <strong>of</strong> any claim for payment or reimbursement from theCommercial Leaking Petroleum Underground Storage Tank Cleanup Fund established by G.S.143-215.94B or the Noncommercial Leaking Petroleum Underground Storage Tank CleanupFund established by G.S. 143-215.94D. (1925, c. 249; 1935, c. 19; 1939, c. 61; 1941, c. 128;1965, c. 1179; 1969, c. 625; 1977, c. 88; 1981, c. 869; 1981 (Reg. Sess., 1982), c. 1282, ss. 14,15; 1983, c. 680; c. 913, s. 49; 1983 (Reg. Sess., 1984), c. 1034, s. 147; c. 1036, s. 1; 1985 (Reg.Sess., 1986), c. 1024, s. 5; 1987, c. 738, s. 223; 1989, c. 215; 1989 (Reg. Sess., 1990), c. 1066, s.82; 1991, c. 688, s. 1; 1993, c. 561, s. 63(a); 1997-412, s. 9; 1998-161, s. 7; 2002-126, s. 6.4(a).)§ 143-3.4. Warrants for money paid into treasury by mistake.(a) Whenever the Governor <strong>and</strong> Council <strong>of</strong> <strong>State</strong> are satisfied that moneys have been paid intothe treasury through mistake, they may direct a warrant be drawn therefor on the Treasurer, infavor <strong>of</strong> the person who made such payment; but this provision shall not extend to payments onaccount <strong>of</strong> taxes nor to payments on bonds <strong>and</strong> mortgages.(b) Whenever any real property mortgaged to the <strong>State</strong>, or bought in for the benefit <strong>of</strong> the <strong>State</strong>,<strong>of</strong> which a certificate shall have been given to a former purchaser, is sold by the AttorneyGeneral on a foreclosure by notice, or under a judgment, for a greater sum than the amount dueto the <strong>State</strong>, with costs <strong>and</strong> expenses, the surplus money received into the treasury, after aconveyance has been executed to the purchaser, shall be paid to the person legally entitled tosuch real property at the time <strong>of</strong> the foreclosure on the forfeiture <strong>of</strong> the original contract. Awarrant shall not be drawn for such surplus money but upon satisfactory pro<strong>of</strong>, by affidavit orotherwise, <strong>of</strong> the legal rights <strong>of</strong> such person. (1868-9, c. 270, ss. 66, 68; Code, ss. 3351, 3352;Rev., ss. 5366, 5368; C.S., ss. 7676, 7678; 1983, c. 913, ss. 50, 51.)§ 143-3.5. Coordination <strong>of</strong> statistics; fiscal analysis required for any bill proposed by a<strong>State</strong> agency that affects the budget.(a) It shall be the duty <strong>of</strong> the Director, through the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> tocoordinate the efforts <strong>of</strong> governmental agencies in the collection, development, dissemination<strong>and</strong> analysis <strong>of</strong> <strong>of</strong>ficial economic, demographic <strong>and</strong> social statistics pertinent to <strong>State</strong> budgeting.The Director shall:(1) Prepare <strong>and</strong> release the <strong>of</strong>ficial demographic <strong>and</strong> economic estimates <strong>and</strong> projectionsfor the <strong>State</strong>;(2) Conduct special economic <strong>and</strong> demographic analyses <strong>and</strong> studies to support statewidebudgeting;


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 15(3) Develop <strong>and</strong> coordinate cooperative arrangements with federal, <strong>State</strong> <strong>and</strong> localgovernmental agencies to facilitate the exchange <strong>of</strong> data to support <strong>State</strong> budgeting;(4) Compile, maintain, <strong>and</strong> disseminate information about <strong>State</strong> programs which involvethe distribution <strong>of</strong> <strong>State</strong> aid funds to local governments including those variables usedin their allocation;(5) Develop <strong>and</strong> maintain in cooperation with other <strong>State</strong> <strong>and</strong> local governmental agencies,an information system providing comparative data on resources <strong>and</strong> expenditures <strong>of</strong>local governments; <strong>and</strong>(6) Report major trends that influence revenues <strong>and</strong> expenditures in the <strong>State</strong> budget in thecurrent fiscal year <strong>and</strong> that may influence revenues <strong>and</strong> expenditures over the next fivefiscal years.Every fiscal analysis prepared by the Director or the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>addressing the <strong>State</strong> budget outlook shall encompass the upcoming five-year period. Everyfiscal analysis prepared by the Director or the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>addressing the impact <strong>of</strong> proposed legislation on the <strong>State</strong> budget shall estimate the impact forthe first five fiscal years the legislation would be in effect. To minimize duplication <strong>of</strong> effort incollecting or developing new statistical series pertinent to <strong>State</strong> planning <strong>and</strong> budgeting,including contractual arrangements, <strong>State</strong> agencies must submit to the Director proposedprocedures <strong>and</strong> funding requirements.(b) Any bill proposed by an executive or judicial department, agency, institution, board, orcommission that affects the <strong>State</strong> budget shall be accompanied by a fiscal analysis. The fiscalanalysis shall estimate the impact <strong>of</strong> the legislation on the <strong>State</strong> budget for the first five fiscalyears the legislation would be in effect.(c) This section shall not apply to the General Assembly, any <strong>of</strong> its committees <strong>and</strong>subcommittees, the Legislative Research Commission, the Legislative Services Commission, orany other committee or commission in the legislative branch. (1979, 2 nd Sess., c. 1137, s. 41;1991, c. 689, s. 341; 1993 (Reg. Sess., 1994), c. 769, s. 11.1(b); 2000-140, s. 93.1(f); 2001-424,s. 12.2(b).)§ 143-3.6: Expired.§ 143-3.7. Repealed by Session Laws 1997-443, s. 23(b).§ 143-4. Advisory <strong>Budget</strong> Commission.(a) Five Senators appointed by the President Pro Tempore <strong>of</strong> the Senate, five Representativesappointed by the Speaker <strong>of</strong> the House <strong>and</strong> five persons appointed by the Governor shallconstitute the Advisory <strong>Budget</strong> Commission. If the Governor appoints any members <strong>of</strong> theGeneral Assembly to the Advisory <strong>Budget</strong> Commission, he must appoint an equal number fromthe Senate <strong>and</strong> House <strong>of</strong> Representatives.(b) The Chairman <strong>of</strong> the Advisory <strong>Budget</strong> Commission shall also receive an additional twothous<strong>and</strong> five hundred dollars ($2,500) payable in quarterly installments, for expenses.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 16The members <strong>of</strong> the Advisory <strong>Budget</strong> Commission shall receive no per diem compensation fortheir services, but shall receive the same subsistence <strong>and</strong> travel allowance as are provided formembers <strong>of</strong> the General Assembly for services on interim legislative committees.(c) The Governor may call a meeting <strong>of</strong> the Commission during the period beginning with theconvening <strong>of</strong> each regular session <strong>and</strong> ending 30 days later. Otherwise, meetings <strong>of</strong> theCommission may be called by the Governor or by the chairman.Members <strong>of</strong> the Commission shall take the oath <strong>of</strong> <strong>of</strong>fice at or before the first meeting <strong>of</strong> theCommission they attend.The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>, under the direction <strong>of</strong> the <strong>State</strong> <strong>Budget</strong> <strong>Office</strong>r,may serve as staff to the Commission. The <strong>State</strong> <strong>Budget</strong> <strong>Office</strong>r shall designate a secretary to theCommission.(d) After the agenda for a meeting has been delivered to the members <strong>of</strong> the Commission, noother item shall be considered at that meeting except upon the approval <strong>of</strong> a majority <strong>of</strong> themembers present <strong>and</strong> voting.Except for the Governor, persons who are not members <strong>of</strong> the Commission may address theCommission only at the invitation <strong>of</strong> the Governor, the chairman, or a majority <strong>of</strong> the memberspresent <strong>and</strong> voting.A vacancy in one <strong>of</strong> the seats on the Commission shall be filled by appointment by the <strong>of</strong>ficerwho appointed the person causing the vacancy.(e) Before the end <strong>of</strong> each fiscal year or as soon thereafter as practicable, the Advisory <strong>Budget</strong>Commission shall contract with a competent certified public accountant who is in no wayotherwise affiliated with the <strong>State</strong> or with any agency there<strong>of</strong> to conduct a thorough <strong>and</strong>complete audit <strong>of</strong> the receipts <strong>and</strong> expenditures <strong>of</strong> the <strong>State</strong> Auditor's <strong>of</strong>fice during theimmediate fiscal year just ended, <strong>and</strong> to report to the Advisory <strong>Budget</strong> Commission on suchaudit not later than the following October first. A sufficient number <strong>of</strong> copies <strong>of</strong> such audit shallbe provided so that at least one copy is filed with the Governor's <strong>Office</strong>, one copy with the<strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> at least two copies filed with the Secretary <strong>of</strong> <strong>State</strong>.(f) In all matters where action on the part <strong>of</strong> the Advisory <strong>Budget</strong> Commission is required by thisArticle, 10 members <strong>of</strong> the Commission shall constitute a quorum for performing the duties oracts required by the Commission. (1925, c. 89, s. 4; 1929, c. 100, s. 4; 1931, c. 295; 1951, c. 768;1955, c. 578, s. 3; 1957, c. 269, s. 2; 1973, c. 820, ss. 1-3; 1979, 2nd Sess., c. 1137, ss. 25, 29.1,37; 1981, c. 859, s. 47.1; 1983, c. 48, ss. 1-3; 1983 (Reg. Sess., 1984), c. 1034, s. 148; 1985, c. 3,ss. 1-2.1; c. 290, s. 3; 1985 (Reg. Sess., 1986), c. 955, ss. 56, 57; 1989, c. 781, s. 41; 1991, c.739, s. 22; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-4.1. Biennial inspection.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 17The Commission shall make a biennial inspection <strong>of</strong> those physical facilities <strong>of</strong> the <strong>State</strong> itdeems necessary. The Governor may make a biennial inspection <strong>of</strong> those facilities <strong>of</strong> the <strong>State</strong> hedeems necessary. (1983, (Reg. Sess., 1984), c. 1034, s. 149; 1985 (Reg. Sess., 1986), c. 955, s.59.)§ 143-5. Appropriation rules.All moneys heret<strong>of</strong>ore <strong>and</strong> hereafter appropriated shall be deemed <strong>and</strong> held to be within theterms <strong>of</strong> this Article <strong>and</strong> subject to its provisions unless it shall be otherwise provided in the actappropriating the same; <strong>and</strong> no money shall be disbursed from the <strong>State</strong> treasury except as hereinprovided. (1925, c. 89, s. 5; 1929, c. 100, s. 5.)§ 143-6. Information from departments <strong>and</strong> agencies asking <strong>State</strong> aid.(a) On or before the first day <strong>of</strong> September in the even-numbered years, each <strong>of</strong> the departments,bureaus, divisions, <strong>of</strong>ficers, boards, commissions, institutions, <strong>and</strong> other <strong>State</strong> agencies <strong>and</strong>undertakings receiving or asking financial aid from the <strong>State</strong>, or receiving or collecting fundsunder the authority <strong>of</strong> any general law <strong>of</strong> the <strong>State</strong>, shall furnish the Director all the information,data <strong>and</strong> estimates which he may request with reference to past, present <strong>and</strong> futureappropriations <strong>and</strong> expenditures, receipts, revenue, <strong>and</strong> income.(b) Any department, bureau, division, <strong>of</strong>ficer, board, commission, institution, or other <strong>State</strong>agency or undertaking desiring to request financial aid from the <strong>State</strong> for the purpose <strong>of</strong>constructing or renovating any <strong>State</strong> building, utility, or other property development (except arailroad, highway, or bridge structure) shall, before making any such request for <strong>State</strong> financialaid, submit to the Department <strong>of</strong> Administration a statement <strong>of</strong> its needs in terms <strong>of</strong> space <strong>and</strong>other physical requirements, <strong>and</strong> shall furnish the Department with such additional informationas it may request. The Department <strong>of</strong> Administration shall then review the statement <strong>of</strong> needssubmitted by the requesting department, bureau, division, <strong>of</strong>ficer, board, commission, institution,or other <strong>State</strong> agency or undertaking <strong>and</strong> perform additional analysis, as necessary, to complywith G.S. 143-341.(b1) All requests for financial aid for the purpose <strong>of</strong> constructing or renovating any <strong>State</strong>building, utility, or other property development (except a railroad, highway, or bridge structure)shall be accompanied by a certification from the Department <strong>of</strong> Administration as outlined inG.S. 143-341. The General Assembly may provide advanced planning funds but shall onlyprovide construction funds when the requirements <strong>of</strong> this subsection have been met. Thissubsection shall not apply to requests for appropriations <strong>of</strong> less than one hundred thous<strong>and</strong>dollars ($100,000).(b2) Any department, bureau, division, <strong>of</strong>ficer, board, commission, institution, or other <strong>State</strong>agency or undertaking desiring to request financial aid from the <strong>State</strong> for the purpose <strong>of</strong>acquiring or maintaining information technology as defined by G.S. 147-33.81(2) shall, beforemaking the request for <strong>State</strong> financial aid, submit to the <strong>State</strong> Chief Information <strong>Office</strong>r (CIO) astatement <strong>of</strong> its needs in terms <strong>of</strong> information technology <strong>and</strong> other related requirements <strong>and</strong>shall furnish the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 18CIO with any additional information requested by the CIO. The CIO shall then review thestatement <strong>of</strong> needs submitted by the requesting department, bureau, division, <strong>of</strong>ficer, board,commission, institution, or other <strong>State</strong> agency or undertaking <strong>and</strong> perform additional analysis, asnecessary, to comply with G.S. 147-33.82. All requests for financial aid for the purpose <strong>of</strong>acquiring or maintaining information technology shall be accompanied by a certification fromthe CIO deeming the request for financial aid to be consistent with Article 3D <strong>of</strong> Chapter 147 <strong>of</strong>the General Statutes. The CIO shall make recommendations to the Governor regarding the merits<strong>of</strong> requests for financial aid for the purpose <strong>of</strong> acquiring or maintaining information technology.This subsection shall not apply to requests for appropriations <strong>of</strong> less than one hundred thous<strong>and</strong>dollars ($100,000).(c) On or before the first day <strong>of</strong> September in the even-numbered years, each <strong>of</strong> the departments,bureaus, divisions, <strong>of</strong>ficers, boards, commissions, institutions, <strong>and</strong> other <strong>State</strong> agencies receivingor asking financial aid or support from the <strong>State</strong>, under the authority <strong>of</strong> any general law <strong>of</strong> the<strong>State</strong>, shall furnish the Director with the following information:(1) The amount <strong>of</strong> <strong>State</strong> funds disbursed in the immediately preceding two fiscal years <strong>and</strong>the purpose for which the funds were disbursed <strong>and</strong> used, the amount being requestedas continuation funds for the upcoming fiscal year, <strong>and</strong> the justification for continued<strong>State</strong> support; <strong>and</strong>(2) Justification for continued <strong>State</strong> support shall include information on the extent <strong>of</strong> thepublic benefit being derived from <strong>State</strong> support.(d) The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> the Director <strong>of</strong> the <strong>Budget</strong> shall provide tothe General Assembly, on or before January 15 <strong>of</strong> each odd-numbered year, a report thatadequately <strong>and</strong> fairly presents the information required in this section. (1925, c. 89, s. 6; 1929, c.100, s. 6; 1957, c. 584, s. 4; 1965, c. 310, s. 4; 1991, c. 689, s. 190(b); 1998-45, s. 2; 2000-140, s.93.1(a); 2001-424, ss. 12.2(b), 15.3(a).)§ 143-6.1. Report on use <strong>of</strong> <strong>State</strong> funds by non-<strong>State</strong> entities.(a) Disbursement <strong>and</strong> Use <strong>of</strong> <strong>State</strong> Funds. – Every corporation, organization, <strong>and</strong> institution thatreceives, uses, or expends any <strong>State</strong> funds shall use or expend the funds only for the purposes forwhich they were appropriated by the General Assembly or collected by the <strong>State</strong>. <strong>State</strong> fundsinclude federal funds that flow through the <strong>State</strong>. For the purposes <strong>of</strong> this section, the term"grantee" means a corporation, organization, or institution that receives, uses, or expends any<strong>State</strong> funds. The <strong>State</strong> may not disburse <strong>State</strong> funds appropriated by the General Assembly toany grantee or collected by the <strong>State</strong> for use by any grantee if that grantee has failed to provideany reports or financial information previously required by this section. In addition, beforedisbursing the funds, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> may require the grantee tosupply information demonstrating that the grantee is capable <strong>of</strong> managing the funds inaccordance with law <strong>and</strong> has established adequate financial procedures <strong>and</strong> controls. Allfinancialstatements furnished to the <strong>State</strong> Auditor pursuant to this section, <strong>and</strong> any audits or other reportsprepared by the <strong>State</strong> Auditor, are public records.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 19(b) <strong>State</strong> Agency Reports. - A <strong>State</strong> agency that receives <strong>State</strong> funds <strong>and</strong> then disburses the <strong>State</strong>funds to a grantee must identify the grantee to the <strong>State</strong> Auditor, unless the funds were for thepurchase <strong>of</strong> goods <strong>and</strong> services. The <strong>State</strong> agency must submit documents to the <strong>State</strong> Auditor ina prescribed format describing st<strong>and</strong>ards <strong>of</strong> compliance <strong>and</strong> suggested audit proceduressufficient to give adequate direction to independent auditors performing audits.(c) Grantee Receipt <strong>and</strong> Expenditure Reports. - A grantee that receives, uses, or expendsbetween fifteen thous<strong>and</strong> dollars ($15,000) <strong>and</strong> three hundred thous<strong>and</strong> dollars ($300,000) in<strong>State</strong> funds annually, except when the funds are for the purchase <strong>of</strong> goods or services, must fileannually with the <strong>State</strong> agency that disbursed the funds a sworn accounting <strong>of</strong> receipts <strong>and</strong>expenditures <strong>of</strong> the <strong>State</strong> funds. This accounting must be attested to by the treasurer <strong>of</strong> thegrantee <strong>and</strong> one otherauthorizing <strong>of</strong>ficer <strong>of</strong> the grantee. The accounting must be filed within six months after the end<strong>of</strong> the grantee's fiscal year in which the <strong>State</strong> funds were received. The accounting shall be inthe form required by the disbursing agency. Each <strong>State</strong> agency shall develop a format for theseaccountings <strong>and</strong> shall obtain the <strong>State</strong> Auditor's approval <strong>of</strong> the format.(d) Grantee Audit Reports. - A grantee that receives, uses, or expends <strong>State</strong> funds in the amount<strong>of</strong> three hundred thous<strong>and</strong> dollars ($300,000) or more annually, except when the funds are forthe purchase <strong>of</strong> goods or services, must file annually with the <strong>State</strong> Auditor a financial statementin the form <strong>and</strong> on the schedule prescribed by the <strong>State</strong> Auditor. The financial statement must beaudited in accordance with st<strong>and</strong>ards prescribed by the <strong>State</strong> Auditor to assure that <strong>State</strong> fundsare used for the purposes provided by law.(e) Federal Reporting Requirements. - Federal law may require a grantee to make additionalreports with respect to funds for which reports are required under this section. Notwithst<strong>and</strong>ingthe provisions <strong>of</strong> this section, a grantee may satisfy the reporting requirements <strong>of</strong> subsection (c)<strong>of</strong> this section by submitting a copy <strong>of</strong> the report required under federal law with respect to thesame funds or by submitting a copy <strong>of</strong> the report described in subsection (d) <strong>of</strong> this section.(f) Audit Oversight. - The <strong>State</strong> Auditor has audit oversight, pursuant to Article 5A <strong>of</strong> Chapter147 <strong>of</strong> the General Statutes, <strong>of</strong> every grantee that receives, uses, or expends <strong>State</strong> funds. Such agrantee must, upon request, furnish to the <strong>State</strong> Auditor for audit all books, records, <strong>and</strong> otherinformation necessary for the <strong>State</strong> Auditor to account fully for the use <strong>and</strong> expenditure <strong>of</strong> <strong>State</strong>funds. The grantee must furnish any additional financial or budgetary information requested bythe <strong>State</strong> Auditor. (1989, c. 752, s. 54; 1991, c. 689, ss. 12, 190(a); 1993, c. 321, s. 45; 1995(Reg. Sess., 1996), c. 748, s. 2.1; 1997-443, s. 34.11; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-7. Itemized statements <strong>and</strong> forms.(a) The statements <strong>and</strong> estimates required under G.S. 143-6 shall be itemized in accordance withthe budget classification adopted by the <strong>State</strong> Controller, <strong>and</strong> upon forms prescribed by theDirector, <strong>and</strong> shall be approved <strong>and</strong> certified by the respective heads or responsible <strong>of</strong>ficer <strong>of</strong>each department, bureau, board, commission, institution, or agency submitting same. Officialestimate blanks which shall be used in making these reports shall be furnished by the Director <strong>of</strong>the <strong>Budget</strong>.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 20(b) The budget classification adopted by the <strong>State</strong> Controller <strong>and</strong> the forms prescribed by theDirector shall include budget account codes relating specifically to information technology toallow reliable <strong>and</strong> meaningful analysis <strong>of</strong> information technology funding <strong>and</strong> expendituresthroughout <strong>State</strong> government. (1925, c. 89, s. 7; 1929, c. 100, s. 7; 1957, c. 269, s. 2; 1983, c.761, s. 19; 1985 (Reg. Sess., 1986), c. 1024, ss. 6, 7; 2001-424, s. 15.3(b).)§ 143-8. Reporting <strong>of</strong> legislative <strong>and</strong> judicial expenditures <strong>and</strong> financial needs.On or before the first day <strong>of</strong> September, biennially, in the even-numbered years, the LegislativeServices <strong>Office</strong>r shall furnish the Director a detailed statement <strong>of</strong> expenditures <strong>of</strong> the GeneralAssembly for the current fiscal biennium, <strong>and</strong> an estimate <strong>of</strong> its financial needs, itemized inaccordance with the budget classification adopted by the Director <strong>and</strong> approved <strong>and</strong> certified bythe President Pro Tempore <strong>of</strong> the Senate <strong>and</strong> the Speaker <strong>of</strong> the House <strong>of</strong> Representatives foreach year <strong>of</strong> the ensuing biennium, beginning with the first day <strong>of</strong> July thereafter. TheAdministrative <strong>Office</strong>r <strong>of</strong> the Courts shall furnish the Director a detailed statement <strong>of</strong>expenditures <strong>of</strong> the judiciary, <strong>and</strong> for each year <strong>of</strong> the current fiscal biennium an estimate <strong>of</strong> itsfinancial needs as provided by law, itemized in accordance with the budget classificationadopted by the Director <strong>and</strong> approved <strong>and</strong> certified by the Chief Justice for each year <strong>of</strong> theensuing biennium, beginning with the first day <strong>of</strong> July thereafter. The Director shall includethese estimates <strong>and</strong> accompanying explanations in the budget submitted with suchrecommendations as the Director may desire to make in reference thereto. (1925, c. 89, s. 8;1929, c. 100, s. 8; 1961, c. 1181, s. 1; 1971, c. 1200, s. 7; 1985 (Reg. Sess., 1986), c. 1024, ss. 8,9; 1987, c. 738, s. 61; 1996, 2nd Ex. Sess., c. 18, s. 8(m).)§ 143-9. Information to be furnished upon request.The departments, bureaus, divisions, <strong>of</strong>ficers, commissions, institutions, or other <strong>State</strong> agenciesor undertakings <strong>of</strong> the <strong>State</strong>, upon request, shall furnish the Director, in such form <strong>and</strong> at suchtime as he may direct, any information desired by him in relation to their respective activities orfiscal affairs. The <strong>State</strong> Auditor <strong>and</strong> the <strong>State</strong> Controller shall also furnish the Director anyspecial, periodic, or other financial statements as the Director may request. (1925, c. 89, s. 10;1929, c. 100, s. 9; 1985 (Reg. Sess., 1986), c. 1024, s. 10.)§ 143-10. Preparation <strong>of</strong> budget <strong>and</strong> public hearing.The members <strong>of</strong> the Commission shall, at the request <strong>of</strong> the Director, attend such public hearing<strong>and</strong> other meeting as may be held in the preparation <strong>of</strong> the budget. Said Commission shall act atall times in an advisory capacity to the Director on matters relating to the plan <strong>of</strong> proposedexpenditures <strong>of</strong> the <strong>State</strong> government <strong>and</strong> the means <strong>of</strong> financing the same.The Director shall provide for public hearings on any <strong>and</strong> all estimates to be included in thebudget, which shall be held during the months <strong>of</strong> October <strong>and</strong>/or November <strong>and</strong>/or such othertimes as the Director may fix in the even-numbered years, <strong>and</strong> may require the attendance atthese hearings <strong>of</strong> the heads or responsible representatives <strong>of</strong> all <strong>State</strong> departments, bureaus,divisions, <strong>of</strong>ficers, boards, commissions, institutions, or other <strong>State</strong> agencies or undertakings,<strong>and</strong> such other persons, corporations <strong>and</strong> associations, using or receiving or asking for any <strong>State</strong>funds. Prior to taking any action under this subsection to provide for public hearings, the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 21Governor may consult with the Advisory <strong>Budget</strong> Commission. (1925, c. 89, s. 11; 1929, c. 100,s. 10; 1985 (Reg. Sess., 1986), c. 955, ss. 60, 61.)§ 143-10.1. Repealed by Session Laws 1991, c. 689, s. 342.§ 143-10.1A. <strong>Budget</strong> required to include <strong>State</strong> cost <strong>of</strong> local programs - Continuation <strong>and</strong>expansion costs.Effective July 1, 1991, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> the Director <strong>of</strong> the<strong>Budget</strong>, with the advice <strong>of</strong> the Advisory <strong>Budget</strong> Commission, shall prepare the <strong>State</strong> budgetin a format that adequately <strong>and</strong> fairly reflects the continuation costs for the <strong>State</strong>'s share <strong>of</strong>locally operated programs established by statute or <strong>State</strong> appropriation. These continuation costsshall be computed using the same budget preparation guidelines <strong>and</strong> rules prepared by the <strong>Office</strong><strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> for use in <strong>State</strong> agency <strong>and</strong> institution budgets. Furthermore,in the projections for the expansion costs related to employee compensation, the budget shallinclude the expansion costs necessary to cover the <strong>State</strong>'s share <strong>of</strong> salary <strong>and</strong> salary-related itemsfor employees in locally operated <strong>State</strong>-funded programs. Local governments or organizationsspending <strong>State</strong> funds to operate local programs shall provide necessary information to the <strong>Office</strong><strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> to establish the necessary continuation <strong>and</strong> expansion costs.(1989 (Reg. Sess., 1990), c. 1066, s. 75; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-10.2. Limit on number <strong>of</strong> <strong>State</strong> employees.The total number <strong>of</strong> permanent <strong>State</strong>-funded employees, excluding employees in the <strong>State</strong>'spublic school system funded by way <strong>of</strong> <strong>State</strong> aid to local public school units, shall not beincreased by the end <strong>of</strong> any <strong>State</strong> fiscal year by a greater percentage than the percentage rate <strong>of</strong>the residential population growth for the <strong>State</strong> <strong>of</strong> North Carolina. The percentage rates shall becomputed by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. The population growth shall becomputed by averaging the rate <strong>of</strong> residential population growth in each <strong>of</strong> the preceding 10fiscal years as stated in the annual estimates <strong>of</strong> residential population in North Carolina made bythe United <strong>State</strong>s Census Bureau. The growth rate <strong>of</strong> the number <strong>of</strong> employees shall becomputed by averaging the rate <strong>of</strong> growth <strong>of</strong> <strong>State</strong> employees in each <strong>of</strong> the preceding 10 fiscalyears as <strong>of</strong> July 1 <strong>of</strong> each fiscal year as stated in the <strong>State</strong> <strong>Budget</strong>. (1989, c. 752, s. 46(a); 1991,c. 689, s. 343; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§§ 143-10.3 through 143-10.6. Repealed by Session Laws 2001-424, s. 12.2(a), effective July 1,2001.§ 143-10.7. Review <strong>of</strong> department forms <strong>and</strong> reports.The Director, through the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>, shall review on three-yearcycles all internal <strong>and</strong> external forms <strong>and</strong> reports in use by <strong>State</strong> departments <strong>and</strong> institutions toconfirm whether these forms <strong>and</strong> reports continue to be needed. If, during the review process, itis determined that these forms <strong>and</strong> reports are no longer necessary, or that they duplicate otherforms or reports either in whole or in part, the Director shall have these forms <strong>and</strong> reportsmodified or eliminated. All departments shall provide the Director with copies <strong>of</strong> all forms <strong>and</strong>reports used, together with any additional information necessary for the review <strong>of</strong> these reports.(1995, c. 324, s. 10.2; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 22§ 143-11. Survey <strong>of</strong> departments.(a) On or before the fifteenth day <strong>of</strong> December, biennially in the even-numbered years, theDirector shall make a complete, careful survey <strong>of</strong> the operation <strong>and</strong> management <strong>of</strong> all thedepartments, bureaus, divisions, <strong>of</strong>ficers, boards, commissions, institutions, <strong>and</strong> agencies <strong>and</strong>undertakings <strong>of</strong> the <strong>State</strong> <strong>and</strong> all persons or corporations who use or expend <strong>State</strong> funds, in theinterest <strong>of</strong> economy <strong>and</strong> efficiency, <strong>and</strong> <strong>of</strong> obtaining a working knowledge upon which to baserecommendations to the General Assembly as to appropriations for maintenance <strong>and</strong> specialfunds <strong>and</strong> capital expenditures for the succeeding biennium. If the Director <strong>and</strong> the Commissionshall agree in their recommendations for the budget for the next biennial period, he shall preparetheir report in the form <strong>of</strong> a proposed budget, together with such comment <strong>and</strong> recommendationsas they may deem proper to make. If the Director <strong>and</strong> Commission shall not agree in substantialparticulars, the Director shall prepare the proposed budget based on his own conclusions <strong>and</strong>judgment, <strong>and</strong> the Commission or any <strong>of</strong> its members retain the right to submit separately to theGeneral Assembly such statement <strong>of</strong> disagreement <strong>and</strong> the particulars there<strong>of</strong> as representingtheir views. The budget report shall contain a complete <strong>and</strong> itemized plan <strong>of</strong> all proposedexpenditures for each <strong>State</strong> department, bureau, board, division, institution, commission, <strong>State</strong>agency or undertaking, person or corporation who receives or may receive for use <strong>and</strong>expenditure any <strong>State</strong> funds, in accordance with the classification <strong>of</strong> funds <strong>and</strong> accounts adoptedby the <strong>State</strong> Controller, <strong>and</strong> <strong>of</strong> the estimated revenues <strong>and</strong> borrowings for each year in theensuing biennial period beginning with the first day <strong>of</strong> July thereafter. Opposite each line item<strong>of</strong> the proposed expenditures, the budget shall show in separate parallel columns:(1) Proposed expenditures <strong>and</strong> receipts for each fiscal year <strong>of</strong> the biennium;(2) The certified budget for the preceding fiscal year;(3) The currently authorized budget for the preceding fiscal year;(4) Actual expenditures <strong>and</strong> receipts for the most recent fiscal year for which actualexpenditure information is available; <strong>and</strong>(5) Proposed increases <strong>and</strong> decreases.Revenue <strong>and</strong> expenditure information shall be no less specific than the two-digit level in the<strong>State</strong> Accounting System Chart <strong>of</strong> Accounts as prescribed by the <strong>State</strong> Controller. The budgetshall clearly differentiate between general fund expenditures for operating <strong>and</strong> maintenance,special fund expenditures for any purpose, <strong>and</strong> proposed capital improvements.(b) The Director shall accompany the budget with:(1) A budget message supporting his recommendations <strong>and</strong> outlining a financial policy <strong>and</strong>program for the ensuing biennium. The message will include an explanation <strong>of</strong> increaseor decrease over past expenditures, a discussion <strong>of</strong> proposed changes in existingrevenue laws <strong>and</strong> proposed bond issues, their purpose, the amount, rate <strong>of</strong> interest,term, the requirements to be attached to their issuance <strong>and</strong> the effect such issues willhave upon the redemption <strong>and</strong> annual interest charges <strong>of</strong> the <strong>State</strong> debt.(2) <strong>State</strong> Controller reports including:a. An itemized <strong>and</strong> complete financial statement for the <strong>State</strong> at the close <strong>of</strong> the lastpreceding fiscal year ending June 30.b. A statement <strong>of</strong> special funds.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 23(2a) A statement showing the itemized estimates <strong>of</strong> the condition <strong>of</strong> the <strong>State</strong> treasury as <strong>of</strong>the beginning <strong>and</strong> end <strong>of</strong> each <strong>of</strong> the next two fiscal years.(3) A report on the fees charged by each <strong>State</strong> department, bureau, division, board,commission, institution, <strong>and</strong> agency during the previous fiscal year, the statutory orregulatory authority for each fee, the amount <strong>of</strong> the fee, when the amount <strong>of</strong> the fee waslast changed, the number <strong>of</strong> times the fee was collected during the prior fiscal year, <strong>and</strong>the total receipts from the fee during the prior fiscal year.(4) A statement showing the <strong>State</strong> Board <strong>of</strong> Education's request, in accordance with G.S.115C-96, for sufficient funds to provide textbooks to public school students.(5) A proposal for expenditure <strong>of</strong> the funds in the Repairs <strong>and</strong> Renovations ReserveAccount, which is established in G.S. 143-15.3A. The Director shall consider the datafrom the Facilities Condition <strong>and</strong> Assessment Program in the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction when establishing priorities for the proposed expenditure <strong>of</strong> these funds.(6) <strong>State</strong>ments <strong>of</strong> the objections <strong>of</strong> members <strong>of</strong> the Council <strong>of</strong> <strong>State</strong> received pursuant toG.S. 143-10.3(b) to the performance measures, departmental operations plans, <strong>and</strong>indicators <strong>of</strong> program impact prepared in accordance with G.S. 143-10.3, 143-10.4, <strong>and</strong>143-10.5.(7) A list <strong>of</strong> the budget requests <strong>of</strong> members <strong>of</strong> the Council <strong>of</strong> <strong>State</strong> that are not included inthe proposed budget.(8) An estimate <strong>of</strong> the equipment replacement costs within the Judicial Department for theperiod covered by that budget.It shall be a compliance with this section by each incoming Governor, at the first session <strong>of</strong> theGeneral Assembly in his term, to submit the budget report with the message <strong>of</strong> the outgoingGovernor, if he shall deem it proper to prepare such message, together with any comments orrecommendations thereon that he may see fit to make, either at the time <strong>of</strong> the submission <strong>of</strong> thesaid report to the General Assembly, or at such other time, or times, as he may elect <strong>and</strong> fix.The function <strong>of</strong> the Advisory <strong>Budget</strong> Commission under this section applies only if the Director<strong>of</strong> the <strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> the budget. (1925, c. 89, s. 12;1929, c. 100, s. 11; 1983, c. 717, s. 54; 1985 (Reg. Sess., 1986), c. 955, s. 62; c. 1024, ss. 11-13;1989, c. 752, s. 49; 1991, c. 542, s. 6; 1991 (Reg. Sess., 1992), c. 900, s. 81(b); 1993, c. 321, s.17.1(d); 1993 (Reg. Sess., 1994), c. 769, s. 11.1(d); 1995, c. 324, s. 10(a); 2000-67, s. 15.7.)§ 143-11.1. Repealed by Session Laws 1983, c. 717, s. 55.§ 143-12. Bills containing proposed appropriations.(a) The Director shall cause to be prepared <strong>and</strong> submitted to the General Assembly the followingbills:(1) A bill containing all proposed current operations appropriations <strong>of</strong> the budget for eachyear in the ensuing biennium, which shall be known as the "Current OperationsAppropriations Bill", <strong>and</strong> a bill containing all proposed capital appropriations <strong>of</strong> thebudget for each year in the ensuing biennium, which shall be known as the "CapitalImprovement Appropriations Bill".


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 24(2) If necessary, a bill containing the Director <strong>of</strong> the <strong>Budget</strong>'s views on revenue for theensuing biennium, which shall be known as the "<strong>Budget</strong> Revenue Bill", <strong>and</strong> shallprovide an amount <strong>of</strong> revenue for the ensuing biennium sufficient, in the opinion <strong>of</strong> theDirector <strong>and</strong> the Commission, to meet the appropriations contained in the CurrentOperations Appropriations Bill <strong>and</strong> the Capital Improvement Appropriations Bill.(3) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1034, s. 153.(b) To the end that all expenses <strong>of</strong> the <strong>State</strong> may be brought <strong>and</strong> kept within the budget, theCurrent Operations Appropriations Bill shall contain a specific sum as a contingent oremergency appropriation, <strong>and</strong> shall allocate a specific portion <strong>of</strong> that sum to a special reserve tobe used solely for purposes as outlined in G.S. 143-23(a1)(2). Notwithst<strong>and</strong>ing any otherprovision <strong>of</strong> law, the manner <strong>of</strong> the allocation <strong>of</strong> such contingent or emergency appropriationshall be as follows: Any institution, department, commission, or other agency or activity <strong>of</strong> the<strong>State</strong>, or other activity in which the <strong>State</strong> is interested, desiring an allotment out <strong>of</strong> suchcontingent oremergency appropriation, shall upon forms prescribed <strong>and</strong> furnished by the Director <strong>of</strong> the<strong>Budget</strong>, present such request in writing to the Director <strong>of</strong> the <strong>Budget</strong>, with such information ashe may require, <strong>and</strong> if the Director <strong>of</strong> the <strong>Budget</strong> shall approve such request, in whole or in part,<strong>and</strong> after consulting with the Joint Legislative Commission on Governmental Operations, heshall forthwith present the same to the Governor <strong>and</strong> Council <strong>of</strong> <strong>State</strong>, <strong>and</strong> upon their order onlyshall such allotment be made. If the Director shall disapprove the request <strong>of</strong> such an allotmentout <strong>of</strong> the emergency or contingent appropriation, he shall transmit his refusal <strong>and</strong> his reasontherefor to the Governor <strong>and</strong> Council <strong>of</strong> <strong>State</strong> for their information.Funds allocated from the contingent or emergency appropriation may be used only for thepurpose for which they were allocated <strong>and</strong> may not be reallocated for another purpose by theGovernor <strong>and</strong> the Council <strong>of</strong> <strong>State</strong>. If the funds are not spent or encumbered for the purpose forwhich they were allocated by the end <strong>of</strong> the fiscal biennium <strong>and</strong> if the Governor <strong>and</strong> the Council<strong>of</strong> <strong>State</strong> do not reallocate them for that same purpose, the funds shall revert to the fund fromwhich the contingent or emergency appropriation was made. Also, if the funds are not neededfor the purpose for which they were allocated, the funds shall revert to the fund from which thecontingent or emergency appropriation was made.(c) The Director <strong>of</strong> the <strong>Budget</strong> may, in preparation <strong>of</strong> the Appropriations <strong>and</strong> Revenue Bills,seek the advice <strong>of</strong> the Advisory <strong>Budget</strong> Commission. If the Director <strong>and</strong> the Commission shallnot agree as to the Appropriations <strong>and</strong> Revenue Bills in substantial particulars, the Director shallprepare the same, based on his conclusions <strong>and</strong> judgment, <strong>and</strong> the Commission or any <strong>of</strong> itsmembers retain the right to submit separately to the General Assembly such statement <strong>of</strong>disagreement <strong>and</strong> the particulars there<strong>of</strong> as they shall find proper to submit as representing theirown views. (1925, c. 89, s. 13; 1929, c. 100, ss. 12, 13, 14; 1957, c. 269, s. 2; 1983 (Reg. Sess.,1984), c. 1034, ss. 150, 151, 153, 154; 1985, c. 290, s. 7; 1985 (Reg. Sess., 1986), c. 955, ss. 63,64; c. 1014, s. 179; 1989, c. 752, s. 20; 1996, 2nd Ex. Sess., c. 18, s. 7.4(c).)§ 143-12.1. Vending facilities.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 25(a) The receipts from vending facilities operated by <strong>State</strong> agencies, institutions, departments,boards, <strong>and</strong> commissions are <strong>State</strong> funds. The payments received by a <strong>State</strong> agency, institution,department, board or commission by contract under which another party operates vendingfacilities <strong>and</strong> pays a sum to the <strong>State</strong>, whether computed as a percentage <strong>of</strong> gross or net receiptsor gross or net pr<strong>of</strong>its, or as a fixed or variable fee, are <strong>State</strong> funds.(b) The receipts or payments described in subsection (a) <strong>of</strong> this section from vending facilitiesshall be deposited as provided by law in the appropriate fund to be determined by the <strong>Office</strong> <strong>of</strong><strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>.(c) The net proceeds from vending facilities are subject to appropriation by the GeneralAssembly.(d) The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> shall submit to the General Assembly alongwith or as a part <strong>of</strong> the biennial budget (<strong>and</strong> along with or as a part <strong>of</strong> any second-year budgetrequests) budgets for vending facilities operated by General Fund, Highway Fund, <strong>and</strong> WildlifeFund departments' <strong>and</strong> institutions' operating budgets.(e) <strong>Budget</strong>s for vending facilities prepared under subsection (d) <strong>of</strong> this section shall reflect totalreceipts from the facilities, <strong>and</strong> the total costs to staff, stock, <strong>and</strong> operate the vending facilities,shall set out the total net proceeds, <strong>and</strong> shall contain, in line-item detail, requests the departments<strong>and</strong> institutions have submitted to expend the net proceeds. If a <strong>State</strong> agency or institutionreceives payments on account <strong>of</strong> vending facilities but does not actually operate the facilities, thebudget shall contain a statement <strong>of</strong> the payments <strong>and</strong> shall contain, in line-item detail, requeststhe departments <strong>and</strong> institutions have submitted to expend the net proceeds.(f) The net proceeds that the General Assembly approves for expenditure by the department orinstitution shall be retained in the appropriate fund budget code for the purposes approved by theGeneral Assembly.(f1) The net proceeds <strong>of</strong> the vending operations at the University <strong>of</strong> North Carolina Hospitals atChapel Hill shall be used at the beginning <strong>of</strong> each fiscal year to cover any deficits incurred bythe Hospital's cafeteria operation during the prior fiscal year. The amount transferred from thenet proceeds <strong>of</strong> the vending operations may not be available for expenditure but shall revert tothe General Fund at the end <strong>of</strong> the fiscal year.(g) For the purposes <strong>of</strong> this section "vending facilities" has the same meaning as provided in G.S.111-42(d), but also means any mechanical or electronic device dispensing items or something <strong>of</strong>value or entertainment or services for a fee, regardless <strong>of</strong> the method <strong>of</strong> activation, <strong>and</strong>regardless <strong>of</strong> the means <strong>of</strong> payment, whether by coin, currency, tokens, or other means.(h) The provisions <strong>of</strong> subsections (c) through (f1) <strong>of</strong> this section shall not supersede or apply tooperations under the provisions <strong>of</strong> Article 3 <strong>of</strong> Chapter 111 <strong>of</strong> the General Statutes, G.S. 127A-138(b), or G.S. 116-36.1 through G.S. 116-36.2, or to the operation <strong>of</strong> any vending facility by acommunity college or local school administrative unit, but they shall apply to the operations <strong>of</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 26the University <strong>of</strong> North Carolina Hospitals at Chapel Hill. (1983 (Reg. Sess., 1984), c. 1034, s.166; 1985, c. 479, s. 77; 1987, c. 564, s. 25; c. 738, s. 233(a); 1989, c. 141, s. 17; 2000-140, s.93.1(a); 2001-424, s. 12.2(b).)§ 143-13. Printing copies <strong>of</strong> budget report <strong>and</strong> bills <strong>and</strong> rules for the introduction <strong>of</strong> thesame.The Director shall cause to be printed one thous<strong>and</strong> copies each <strong>of</strong> the budget report, the CurrentOperations Appropriations Bill, Capital Improvement Appropriations Bill, <strong>and</strong> the <strong>Budget</strong>Revenue Bill. The Governor shall present copies there<strong>of</strong> to the General Assembly, together withthe biennial message, except incoming Governors may, at the first session <strong>of</strong> the GeneralAssembly in their respective terms, submit the same after the biennial message has beenpresented to the General Assembly. The Current Operations Appropriations Bill <strong>and</strong> the CapitalImprovement Appropriations Bill shall be introduced by the chairman <strong>of</strong> the committee onappropriations in each house <strong>of</strong> the General Assembly, <strong>and</strong> the <strong>Budget</strong> Revenue Bill shall beintroduced by the chairmen <strong>of</strong> the finance committees in each branch <strong>of</strong> the General Assembly:Provided, that for the years in which the Governor is elected, other than when a Governor iselected for a second successive term the Director shall deliver the budget report <strong>and</strong> the CurrentOperations Appropriations Bill <strong>and</strong> the Capital Improvement Appropriations Bill <strong>and</strong> the <strong>Budget</strong>Revenue Bill to the Governor-elect, on or before the fifteenth day <strong>of</strong> December, <strong>and</strong> the saidbudget report, Appropriations, <strong>and</strong> Revenue Bills, shall be presented by the Governor to theGeneral Assembly with such recommendations in the way <strong>of</strong> amendments, or othermodifications, together with such criticism as he may determine. The provisions hereincontained as to the introduction <strong>of</strong> the bills mentioned in this section shall be considered <strong>and</strong>treated as a rule <strong>of</strong> procedure in the Senate <strong>and</strong> House <strong>of</strong> Representatives until otherwiseexpressly provided for by a rule in either, or both, <strong>of</strong> said branches <strong>of</strong> the General Assembly.(1925, c. 89, s. 14; 1929, c. 100, s. 15; 1983 (Reg. Sess., 1984), c. 1034, ss. 152, 155-158; 1985,c. 61, s. 4; 1985 (Reg. Sess., 1986), c. 1010.)§ 143-14. Joint meetings <strong>of</strong> committees considering the budget report <strong>and</strong> appropriationbill.The appropriations committees <strong>of</strong> the House <strong>of</strong> Representatives <strong>and</strong> the Senate <strong>and</strong>subcommittees there<strong>of</strong> shall sit jointly in open sessions while considering the budget <strong>and</strong> suchconsideration shall embrace the entire budget plan, including appropriations for all purposes,revenue, borrowings <strong>and</strong> other means <strong>of</strong> financing expenditures. Such joint meetings shall beginwithin five days after the budget has been presented to the General Assembly by the Governor.This joint committee shall have power to examine under oath any <strong>of</strong>ficer or head <strong>of</strong> anydepartment or any clerk or employee there<strong>of</strong>; <strong>and</strong> to compel the production <strong>of</strong> papers, books <strong>of</strong>account, <strong>and</strong> other documents in the possession or under the control <strong>of</strong> such <strong>of</strong>ficer or head<strong>of</strong> department. This joint committee may also cause the attendance <strong>of</strong> heads or responsiblerepresentatives <strong>of</strong> a department, institution, division, board, commission, <strong>and</strong> agency <strong>of</strong> the<strong>State</strong>, to furnish such information <strong>and</strong> answer such questions as the joint committee shall require.To these sessions <strong>of</strong> the joint committee or subcommittees shall be admitted, with the right to beheard, all taxpayers or other persons interested in the estimates under consideration. TheDirector or a designated representative shall have the right to sit at these public hearings <strong>and</strong> tobe heard on all matters coming before the joint committee or subcommittees there<strong>of</strong>. The said


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 27joint committee or any subcommittee there<strong>of</strong> shall have full power <strong>and</strong> authority to punish fordisobedience <strong>of</strong> its writs or orders requiring persons to attend such hearings <strong>and</strong> to answer underoath such questions as may be put to them by such committee or anyone acting in its behalf; suchpunishment shall be as is now, or may hereafter be prescribed for direct contempt, but with theright <strong>of</strong> such <strong>of</strong>fender to appeal from the judgment <strong>of</strong> such committee to the Superior Court <strong>of</strong>Wake County, upon the giving <strong>of</strong> such bond as may be required by such committee. Ins<strong>of</strong>ar asthis section prescribes the method <strong>and</strong> manner <strong>of</strong> hearings before such committees this sectionshall be considered <strong>and</strong> have the force <strong>of</strong> a rule <strong>of</strong> each branch <strong>of</strong> the General Assembly until<strong>and</strong> unless a change has been made by an express rule <strong>of</strong> such branch there<strong>of</strong>. (1925, c. 89, s. 15;1929, c. 100, s. 16; 1953, c. 501; 1955, c. 5.)§ 143-15. Reduction <strong>and</strong> increase <strong>of</strong> items by General Assembly.The provisions <strong>of</strong> this Article shall continue to be the legislative policy with reference to themaking <strong>of</strong> appropriations <strong>and</strong> shall be treated as rules <strong>of</strong> both branches <strong>of</strong> the General Assemblyuntil <strong>and</strong> unless the same may be changed by the General Assembly either by express enactmentor by rules adopted by either branch <strong>of</strong> the General Assembly.The General Assembly may reduce or strike out such item in the Current OperationsAppropriations Bill <strong>and</strong> the Capital Improvement Appropriations Bill as it may deem to be theinterest <strong>of</strong> the public service, but neither House shall consider further or special appropriationsuntil the Current Operations Appropriations Bill shall have been enacted in whole or part orrejected, unless the Governor shall submit <strong>and</strong> recommend an emergency appropriation bill oremergency appropriation bills, which may be amended in the manner set out herein, <strong>and</strong> suchemergency appropriation bill, or bills, when enacted, shall continue in force only until theCurrent Operations Appropriations Bill <strong>and</strong> the Capital Improvement Appropriations Bill shallbecome effective, unless otherwise provided by the General Assembly. Provided that the CapitalImprovement Appropriations Bill may be considered before the Current OperationsAppropriations Bill has been adopted in whole or part or rejected.The General Assembly may also increase any appropriation set out in the Current OperationsAppropriations Bill <strong>and</strong> the Capital Improvement Appropriations Bill <strong>and</strong> may provideadditional appropriations for other purposes if additional revenue or revenues, equal to theamount <strong>of</strong> such additional appropriations <strong>and</strong> increases, are provided for by correspondingamendment to the <strong>Budget</strong> Revenue Bill. No bill carrying an appropriation shall thereafter beenacted by the General Assembly, unless it be for an object or objects therein described <strong>and</strong> shallprovide an adequate source <strong>of</strong> revenue for defraying such appropriation, or unless it appearsfrom the budget report or the <strong>Budget</strong> Revenue Bill that there is sufficient revenue availabletherefor. The appropriation, or appropriations, in such bills shall be in accordance with theclassification used in the budget.Reports to or <strong>of</strong> the appropriations committees or their subcommittees indicate action by thegeneral Assembly when they are used in preparation <strong>of</strong> or amendment to appropriations acts.(1925, c. 89, s. 16; 1929, c. 100, s. 17; 1983 (Reg. Sess., 1984), c. 1034, ss. 159-161; 1987, c.876, s. 12.)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 28§ 143-15.1. Current Operations Appropriations Act; General Fund Financial Model.(a) The General Assembly shall enact the Current Operations Appropriations Act by June 15 <strong>of</strong>odd-numbered years <strong>and</strong> by June 30 <strong>of</strong> even-numbered years in which a Current OperationsAppropriations Act is enacted. The Current Operations Appropriations Act shall state theamount <strong>of</strong> General Fund appropriations availability upon which the General Fund budgetis based. The statement <strong>of</strong> availability shall list separately the beginning General Fund creditbalance, General Fund revenues, <strong>and</strong> any other components <strong>of</strong> the availability amount.The General Fund operating budget appropriations, including appropriations for local taxreimbursements <strong>and</strong> local tax sharing, for the second year in a Current OperationsAppropriations Act that contains a biennial budget shall not be more than two percent (2%)greater than the General Fund operating budget appropriations for the first year <strong>of</strong> the biennialbudget.(b) The General Assembly shall review the results <strong>of</strong> the General Fund Financial model, acomputer-based financial model used to project long-term expenditure <strong>and</strong> revenue trends undervarious simulations, in its budget deliberations. The model shall be maintained <strong>and</strong>, from time totime, updated by the Fiscal Research Division <strong>of</strong> the General Assembly. (1991, c. 689, s. 346;1991 (Reg. Sess., 1992), c. 993, s. 11; 1993 (Reg. Sess., 1994), c. 769, s. 11.3.)§ 143-15.2. Use <strong>of</strong> General Fund credit balance; priority uses.(a) As used in G.S. 143-15.3, 143-15.3A, <strong>and</strong> 143-15.3B, the term "unreserved credit balance"means the credit balance amount, as determined on a cash basis, before funds are reserved by the<strong>State</strong> Controller to the Savings Reserve Account or the Repairs <strong>and</strong> Renovations ReserveAccount pursuant to G.S. 143-15.3 <strong>and</strong> G.S. 143-15.3A.(b) The <strong>State</strong> Controller shall transfer funds from the unreserved credit balance to the SavingsReserve Account in accordance with G.S. 143-15.3(a).(c) The <strong>State</strong> Controller shall transfer funds from the unreserved credit balance to the Repairs<strong>and</strong> Renovation Reserve Account in accordance with G.S. 143-15.3A(a).(d) Repealed by Session Laws 2000-67, s. 7.7(e).(e) The General Assembly may appropriate that part <strong>of</strong> the anticipated General Fund creditbalance not expected to be reserved only for capital improvements or other one-timeexpenditures. (1991, c. 689, s. 346; 1991 (Reg. Sess., 1992), c. 812, s. 7(a), (c); c. 993, s. 12;1993, c. 321, s. 17.1(a); 1993 (Reg. Sess., 1994), c. 591, s. 5(a); 1995, c. 324, s. 5.2(a); 1996, 2ndEx. Sess., c. 18, s. 7.1(a); 1997-443, s. 7.9(b); 2000-67, s. 7.7(e).)§ 143-15.3. Use <strong>of</strong> General Fund credit balance; priority uses.(a) There is established a Savings Reserve Account as a restricted reserve in the General Fund.The <strong>State</strong> Controller shall reserve to the Savings Reserve Account one-fourth <strong>of</strong> any unreservedcredit balance remaining in the General Fund at the end <strong>of</strong> each fiscal year until the accountcontains funds equal to five percent (5%) <strong>of</strong> the amount appropriated the preceding year for the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 29General Fund operating budget, including local government tax-sharing funds, that were directlyappropriated. In the event that the one-fourth exceeds the amount necessary to reach the fivepercent (5%) level, only funds necessary to reach that level shall be reserved. If there areinsufficient funds in the unreserved credit balance for the Savings Reserve Account <strong>and</strong> theRepairs <strong>and</strong> Renovations Reserve Account, then the requirements <strong>of</strong> this section shall becomplied with first, <strong>and</strong> any remaining funds shall be reserved to the Repairs <strong>and</strong> RenovationsReserve Account, in accordance with G.S. 143-15.3A.(a1) If the balance in the Savings Reserve Account falls below the five percent (5%) level duringa fiscal year, the <strong>State</strong> Controller shall, in accordance with subsection (a) <strong>of</strong> this section, reserveto the Savings Reserve Account for the following fiscal years up to one-fourth <strong>of</strong> any unreservedcredit balance remaining in the General Fund at the end <strong>of</strong> each fiscal year until the accountagain equals the five percent (5%) level set out in subsection (a) <strong>of</strong> this section.(b) The Director may not use funds in the Savings Reserve Account unless the use has beenapproved by an act <strong>of</strong> the General Assembly. (1991, c. 689, s. 346; 1991 (Reg. Sess., 1992), c.812, s. 7(b), (c); c. 900, s. 11; c. 993, s. 13; 1993, c. 321, ss. 17.1(c), 21.2; 1993 (Reg. Sess.,1994), c. 591, s. 5(b); c. 769, s. 7.27(b); 1997-443, s. 7.9(c); 2000-67, s. 7.7(f).)§ 143-15.3A. Repairs <strong>and</strong> Renovations Reserve Account.(a) There is established a Repairs <strong>and</strong> Renovations Reserve Account as a restricted reserve in theGeneral Fund. The <strong>State</strong> Controller shall reserve to the Repairs <strong>and</strong> Renovations ReserveAccount three percent (3%) <strong>of</strong> the replacement value <strong>of</strong> all <strong>State</strong> buildings supported from theGeneral Fund, at the end <strong>of</strong> each fiscal year.(b) The funds in the Repairs <strong>and</strong> Renovations Reserve Account shall be used only for the repair<strong>and</strong> renovation <strong>of</strong> <strong>State</strong> facilities <strong>and</strong> related infrastructure that are supported from the GeneralFund. Funds from the Repairs <strong>and</strong> Renovations Reserve Account shall be used only for thefollowing types <strong>of</strong> projects:(1) Ro<strong>of</strong> repairs <strong>and</strong> replacements;(2) Structural repairs;(3) Repairs <strong>and</strong> renovations to meet federal <strong>and</strong> <strong>State</strong> st<strong>and</strong>ards;(4) Repairs to electrical, plumbing, <strong>and</strong> heating, ventilating, <strong>and</strong> air-conditioning systems;(5) Improvements to meet the requirements <strong>of</strong> the Americans with Disabilities Act, 42U.S.C. § 12101 et seq., as amended;(6) Improvements to meet fire safety needs;(7) Improvements to existing facilities for energy efficiency;(8) Improvements to remove asbestos, lead paint, <strong>and</strong> other contaminants, including theremoval <strong>and</strong> replacement <strong>of</strong> underground storage tanks;(9) Improvements <strong>and</strong> renovations to improve use <strong>of</strong> existing space;(10) Historical restoration;(11) Improvements to roads, walks, drives, utilities infrastructure; <strong>and</strong>(12) Drainage <strong>and</strong> l<strong>and</strong>scape improvements.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 30Funds from the Repairs <strong>and</strong> Renovations Reserve Account shall not be used for new constructionor the expansion <strong>of</strong> the footprint <strong>of</strong> an existing facility unless required in order to comply withfederal or <strong>State</strong> codes or st<strong>and</strong>ards.The Director <strong>of</strong> the <strong>Budget</strong> shall not use funds in the Repairs <strong>and</strong> Renovations Reserve Accountunless the use has been approved by an act <strong>of</strong> the General Assembly or, if the General Assemblyis not in session, the Director <strong>of</strong> the <strong>Budget</strong> has first consulted with the Joint LegislativeCommission on Governmental Operations under G.S. 143-15.3A(c).(c) The Governor shall consult with the Joint Legislative Commission on GovernmentalOperations before making allocations from the Repairs <strong>and</strong> Renovations Reserve Account.Notwithst<strong>and</strong>ing this subsection, whenever an expenditure is required because <strong>of</strong> an emergencythat poses an imminent threat to public health or public safety, <strong>and</strong> is either the result <strong>of</strong> anatural event, such as a hurricane or a flood, or an accident, such as an explosion or a wreck, theGovernor may take action under this subsection without consulting the Commission if theaction is determined by the Governor to be related to the emergency. The Governor shall reportto the Commission on any expenditures made under this paragraph no later than 30 days aftermaking the expenditure <strong>and</strong> shall identify in the report the emergency, the type <strong>of</strong> action taken,<strong>and</strong> how it was related to the emergency. (1993, c. 321, s. 17.1(b); c. 561, s. 16; 1993 (Reg.Sess., 1994), c. 591, s. 5(c); 1995, c. 324, s. 5.2(b); 1996, 2nd Ex. Sess., c. 18, ss. 7.1(b), 7.4(b),(d); 1997-443, s. 7.9(d).)§ 143-15.3B. The Clean Water <strong>Management</strong> Trust Fund.(a)(Effective until July 1, 2003) The Clean Water <strong>Management</strong> Trust Fund is established in G.S.113-145.3. The General Assembly finds that, due to the critical need in this <strong>State</strong> to clean uppollution in the <strong>State</strong>'s surface waters <strong>and</strong> to protect <strong>and</strong> conserve those waters that are not yetpolluted, it is imperative that the <strong>State</strong> provide a minimum <strong>of</strong> seventy million dollars($70,000,000) each calendar year to the Clean Water <strong>Management</strong> Trust Fund; therefore, there isannually appropriated from the General Fund to the Clean Water <strong>Management</strong> Trust Fund thesum <strong>of</strong> seventy million dollars ($70,000,000).(a) (Effective July 1, 2003) The Clean Water <strong>Management</strong> Trust Fund is established in G.S. 113-145.3. The General Assembly finds that, due to the critical need in this <strong>State</strong> to clean uppollution in the <strong>State</strong>'s surface waters <strong>and</strong> to protect <strong>and</strong> conserve those waters that are not yetpolluted, it is imperative that the <strong>State</strong> provide a minimum <strong>of</strong> one hundred million dollars($100,000,000) each calendar year to the Clean Water <strong>Management</strong> Trust Fund; therefore, thereis annually appropriated from the General Fund to the Clean Water <strong>Management</strong> Trust Fund thesum <strong>of</strong> one hundred million dollars ($100,000,000).(b) The funds in the Clean Water <strong>Management</strong> Trust Fund shall be used only in accordance withArticle 13A <strong>of</strong> Chapter 113 <strong>of</strong> the General Statutes. (1996, 2nd Ex. Sess., c. 18, s. 27.6(b); 1997-443, s. 7.9(a); 2000-67, ss. 7.7(b)-(d); 2001-474, s. 26.)§ 143-15.3C. Work First Reserve Fund.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 31(a) The <strong>State</strong> Controller shall establish a restricted reserve in the General Fund to be known asthe Work First Reserve Fund. Funds from the Work First Reserve Fund shall not be expendeduntil appropriated by the General Assembly.(b),(c) Repealed by Session Laws 1999-237, s. 6. (1997-443, s. 12.12A; 1999-237, s. 6(g).)§ 143-15.3D. Trust Fund for Mental Health, Developmental Disabilities, <strong>and</strong> SubstanceAbuse Services <strong>and</strong> Bridge Funding Needs.(a) The Trust Fund for Mental Health, Developmental Disabilities, <strong>and</strong> Substance AbuseServices <strong>and</strong> Bridge Funding Needs is established as an interest-bearing, nonreverting specialtrust fund in the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. Moneys in the Trust Fund shall beheld in trust <strong>and</strong> used solely to meet the mental health, developmental disabilities, <strong>and</strong> substanceabuse services needs <strong>of</strong> the <strong>State</strong>. The Trust Fund shall be used to supplement <strong>and</strong> not tosupplant or replace existing <strong>State</strong> <strong>and</strong> local funding available to meet the mental health,developmental disabilities, <strong>and</strong> substance abuse services needs <strong>of</strong> the <strong>State</strong>.The <strong>State</strong> Treasurer shall hold the Trust Fund separate <strong>and</strong> apart from all other moneys, funds,<strong>and</strong> accounts. The <strong>State</strong> Treasurer shall be the custodian <strong>of</strong> the Trust Fund <strong>and</strong> shall invest itsassets in accordance with G.S. 147-69.2 <strong>and</strong> G.S. 147-69.3. Investment earnings credited to theassets <strong>of</strong> the Trust Fund shall become part <strong>of</strong> the Trust Fund. Any balance remaining in theTrust Fund at the end <strong>of</strong> any fiscal year shall be carried forward in the Trust Fund for the nextsucceeding fiscal year.Moneys in the Trust Fund shall be expended only in accordance with subsection (b) <strong>of</strong> thissection <strong>and</strong> in accordance with limitations <strong>and</strong> directions enacted by the General Assembly.(b) Moneys in the Trust Fund for Mental Health, Developmental Disabilities, <strong>and</strong> SubstanceAbuse Services <strong>and</strong> Bridge Funding Needs shall be used only to:(1) Provide start-up funds <strong>and</strong> operating support for programs <strong>and</strong> services that providemore appropriate <strong>and</strong> cost-effective community treatment alternatives for individualscurrently residing in the <strong>State</strong>'s mental health, developmental disabilities, <strong>and</strong> substanceabuse services institutions.(2) Facilitate the <strong>State</strong>'s compliance with the United <strong>State</strong>s Supreme Court decision inOlmstead v. L.C. <strong>and</strong> E.W.(3) Facilitate reform <strong>of</strong> the mental health, developmental disabilities, <strong>and</strong> substance abuseservices system <strong>and</strong> exp<strong>and</strong> <strong>and</strong> enhance treatment <strong>and</strong> prevention services in theseprogram areas to remove waiting lists <strong>and</strong> provide appropriate <strong>and</strong> safe services forclients.(4) Provide bridge funding to maintain appropriate client services during transitionalperiods as a result <strong>of</strong> facility closings, including departmental restructuring <strong>of</strong> services.(5) Construct, repair, <strong>and</strong> renovate <strong>State</strong> mental health, developmental disabilities, <strong>and</strong>substance abuse services facilities. (2001-424, s. 21.58(a).)§ 143-15.4. General Fund operating budget size limited.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 32(a) Size Limitation. Except as otherwise provided in this section, the General Fund operatingbudget each fiscal year shall not be greater than seven percent (7%) <strong>of</strong> the projected total <strong>State</strong>personal income for that fiscal year. For the purpose <strong>of</strong> this section, the General Fund operatingbudget includes any appropriations for local tax-sharing, but does not include appropriations for(i) capital expenditures or (ii) one-time expenditures due to natural disasters, federalm<strong>and</strong>ates, or other emergencies.(b) Increase in Size Limitation. To the extent that any percent increase in appropriations for afiscal year for (i) Medicaid, (ii) operation <strong>of</strong> prisons, or (iii) the costs <strong>of</strong> providing healthinsurance for teachers <strong>and</strong> <strong>State</strong> employees, exceeds the percent increase in <strong>State</strong> personalincome growth for the same period, the limitation on the size <strong>of</strong> the General Fund operatingbudget provided in subsection (a) <strong>of</strong> this section for that fiscal year shall be increased by thedollar amount represented by the excess percentage. For all subsequent fiscal years, the percentlimitation contained in subsection (a) shall then be increased to reflect that dollar adjustment.(c) Fiscal Reports. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> the Fiscal ResearchDivision <strong>of</strong> the General Assembly shall each submit a tentative estimate <strong>of</strong> total <strong>State</strong> personalincome for the upcoming fiscal year to the General Assembly no later than February 1 <strong>of</strong> eachyear. The <strong>Office</strong> <strong>and</strong> the Fiscal Research Division shall each submit a final projection <strong>of</strong> total<strong>State</strong> personal income for the upcoming fiscal year to the General Assembly no later than May 1<strong>of</strong> each year. The General Assembly shall use the lower <strong>of</strong> the two final projections to calculatethe limitation on the size <strong>of</strong> the General Fund operating budget provided in this section. (1991, c.689, s. 346; 1991 (Reg. Sess., 1992), c. 993, s. 14; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-16. Article governs all departmental, agency, etc., appropriations.Every <strong>State</strong> department, bureau, division, <strong>of</strong>ficer, board, commission, institution, <strong>State</strong> agency,or undertaking, shall operate under an appropriation made in accordance with the provisions <strong>of</strong>this Article; <strong>and</strong> no <strong>State</strong> department, bureau, division, <strong>of</strong>ficer, board, commission, institution, orother <strong>State</strong> agency or undertaking shall expend any money, except in pursuance <strong>of</strong> suchappropriation <strong>and</strong> the rules, requirement <strong>and</strong> regulations made pursuant to this Article. (1925, c.89, s. 17; 1929, c. 100, s. 18.)§ 143-16.1. Federal funds.(a) All federal funds shall be expended <strong>and</strong> reported in accordance with provisions <strong>of</strong> theExecutive <strong>Budget</strong> Act, except as otherwise provided by law. Proposed budgets recommended tothe General Assembly by the Governor <strong>and</strong> Advisory <strong>Budget</strong> Commission shall includeinformation concerning the federal expenditures in <strong>State</strong> agencies, departments <strong>and</strong> institutionsinthe same manner as <strong>State</strong> funds. Each budgetary category shall show the total received <strong>and</strong>anticipated <strong>State</strong> <strong>and</strong> federal expenditures, along with a description <strong>of</strong> the purpose for whichthe federal funds will be spent at the program level. All expenditures for the prior fiscal year <strong>and</strong>all expenditures anticipated in the proposed budget shall be reported by objects <strong>of</strong> expenditureby purpose <strong>and</strong> shall be identified by each federal grant. For the purpose <strong>of</strong> this section, "federalfunds" are any financial assistance made to a <strong>State</strong> agency by the United <strong>State</strong>s government,whether a loan, grant, subsidy, augmentation, reimbursement, or any other form. The Director <strong>of</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 33the <strong>Budget</strong> may adopt rules <strong>and</strong> regulations establishing uniform planning, budgeting <strong>and</strong> fiscalprocedures, not inconsistent with federal law, that ensure that all federal funds shall be expendedin a st<strong>and</strong>ardized manner. The function <strong>of</strong> the Advisory <strong>Budget</strong> Commission under this sectionapplies only if the Director <strong>of</strong> the <strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> thebudget.(b) The Secretary <strong>of</strong> each <strong>State</strong> agency that receives <strong>and</strong> administers federal Block Grant fundsshall prepare <strong>and</strong> submit the agency's Block Grant plans to the Fiscal Research Division <strong>of</strong> theGeneral Assembly not later than February 20 <strong>of</strong> each odd-numbered calendar year <strong>and</strong> not laterthan April 20 <strong>of</strong> each even-numbered calendar year. The agency shall submit a separate BlockGrant plan for each Block Grant received <strong>and</strong> administered by the agency, <strong>and</strong> each plan shallinclude, but not be limited to, the following:(1) A delineation <strong>of</strong> the proposed dollar amount allocations by activity <strong>and</strong> by category,including dollar amounts to be used for administrative costs; <strong>and</strong>(2) A comparison <strong>of</strong> the proposed funding with two prior years' program budgets.The Director <strong>of</strong> the <strong>Budget</strong> shall review for accuracy, consistency, <strong>and</strong> uniformity each <strong>State</strong>agency's Block Grant plans prior to submission <strong>of</strong> the plans to the General Assembly. (1977,2nd Sess., c. 1219, s. 45; 1983, c. 717, s. 56; c. 761, s. 57; 1985 (Reg. Sess., 1986), c. 955, s. 65;1991 (Reg. Sess., 1992), c. 900, s. 8; 1998-212, s. 7.2; 1999-237, s. 5(r).)§ 143-16.2. Reports.Whenever the Governor or any other executive <strong>of</strong>ficer, agency, board, or commission isauthorized by law to consult with the Advisory <strong>Budget</strong> Commission prior to taking some action,if there has been no consultation such action should be reported in writing to the Speaker <strong>of</strong> theHouse <strong>of</strong> Representatives, the President <strong>of</strong> the Senate, <strong>and</strong> the Director <strong>of</strong> the Fiscal ResearchDivision as soon as practicable after the action is taken. This section does not apply topreparation <strong>of</strong> the budget. (1985 (Reg. Sess., 1986), c. 955, s. 126.)§ 143-16.3. No expenditures for purposes for which the General Assembly has consideredbut not enacted an appropriation.Notwithst<strong>and</strong>ing any other provision <strong>of</strong> law, no funds from any source, except for gifts, grants,funds allocated from the Repair <strong>and</strong> Renovations Account in accordance with G.S. 143-15.3A,<strong>and</strong> funds allocated from the Contingency <strong>and</strong> Emergency Fund in accordance with G.S. 143-12(b), may be expended for any new or exp<strong>and</strong>ed purpose, position, or other expenditure forwhich the General Assembly has considered but not enacted an appropriation <strong>of</strong> funds for thecurrent fiscal period; provided, however, that in the event the Director <strong>of</strong> the <strong>Budget</strong> declaresthat it is necessary to deviate from this provision, he may do so after prior consultation with theJointLegislative Commission on Governmental Operations. For the purpose <strong>of</strong> this section, theGeneral Assembly has considered a purpose, position, or other expenditure when that purpose isincluded in a bill, amendment, or petition <strong>and</strong> when any committee <strong>of</strong> the Senate or the House <strong>of</strong>Representatives deliberates on that purpose. (1985 (Reg. Sess., 1986), c. 1014, s. 177; 1987(Reg. Sess., 1988), c. 1086, s. 50; 1989, c. 752, s. 47; 1991 (Reg. Sess., 1992), c. 812, s. 6(b);1996, 2nd Ex. Sess., c. 18, s. 7.4(j); 1997-443, s. 7.8(a).)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 34§ 143-16.4. Settlement Reserve Fund.(a) The "Settlement Reserve Fund" is established as a restricted reserve in the General Fund.Except as otherwise provided in this section, funds shall be expended from the SettlementReserve Fund only by specific appropriation by the General Assembly.(a1) A Health Trust Account is established in the Settlement Reserve Fund. The portion <strong>of</strong> eachMaster Settlement Agreement payment identified in Section 6(3) <strong>of</strong> S.L. 1999-2 shall becredited to the Health Trust Account. The <strong>State</strong> Controller shall transfer all funds in the HealthTrust Account to the Health <strong>and</strong> Wellness Trust Fund created in Article 6C <strong>of</strong> Chapter 147 <strong>of</strong> theGeneral Statutes.(a2) A Tobacco Trust Account is established in the Settlement Reserve Fund. The portion <strong>of</strong>each Master Settlement Agreement payment identified in Section 6(2) <strong>of</strong> S.L. 1999-2 shall becredited to the Tobacco Trust Account. The <strong>State</strong> Controller shall transfer all funds in theTobacco Trust Account to the Tobacco Trust Fund created in Article 75 <strong>of</strong> Chapter 143 <strong>of</strong> theGeneral Statutes.(b) Unless prohibited by federal law, federal funds provided to the <strong>State</strong> by block grant orotherwise as part <strong>of</strong> federal legislation implementing a settlement between United <strong>State</strong>s tobaccocompanies <strong>and</strong> the states shall be credited to the Settlement Reserve Fund. Unless otherwiseencumbered or distributed under a settlement agreement or final order or judgment <strong>of</strong> the court,funds paid to the <strong>State</strong> or a <strong>State</strong> agency pursuant to a tobacco litigation settlement agreement, ora final order or judgment <strong>of</strong> a court in litigation between tobacco companies <strong>and</strong> the states, shallbe credited to the Settlement Reserve Fund. (1998-191, s. 2; 2000-147, s. 1.)§ 143-16.5: Repealed by Session Laws 1999-237, s. 19a, effective June 30, 1999, <strong>and</strong> applicableto agreements entered on or after November 15, 1998.§ 143-17. Requisition for allotment.Before an appropriation <strong>of</strong> any spending agency shall become available, such agency shallsubmit to the Director, not less than 20 days before the beginning <strong>of</strong> each quarter <strong>of</strong> each fiscalyear a requisition for an allotment <strong>of</strong> the amount estimated to be required to carry on the work <strong>of</strong>the agency during the ensuing quarter <strong>and</strong> such requisition shall contain such details <strong>of</strong> proposedexpenditures as may be required by the Director. The Director shall approve such allotments, ormodifications <strong>of</strong> them, as he may deem necessary to make, <strong>and</strong> he shall submit the same to the<strong>State</strong> Controller who in the course <strong>of</strong> his operations shall check for compliance with suchallotments. No allotment shall be changed nor shall transfers be made except upon the writtenrequest <strong>of</strong> the responsible head <strong>of</strong> the spending agency <strong>and</strong> by approval <strong>of</strong> the Director <strong>of</strong> the<strong>Budget</strong> in writing: Provided, that quarterly allotments made to the <strong>State</strong> Auditor's <strong>of</strong>fice, <strong>State</strong>Treasurer's <strong>of</strong>fice, <strong>and</strong> Administrative <strong>Office</strong> <strong>of</strong> the Courts shall be in such amounts as may bedesignated by the Advisory <strong>Budget</strong> Commission, <strong>and</strong> shall be made available in accordance withprocedures determined by the Advisory <strong>Budget</strong> Commission. (1925, c. 89, s. 18; 1929, c. 100, s.19; 1955, c. 578, s. 4; 1981, c. 859, s. 47.1; 1985 (Reg. Sess., 1986), c. 1024, s. 14.)§ 143-18. Unencumbered balances to revert to treasury; capital appropriations excepted.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 35All unencumbered balances <strong>of</strong> maintenance appropriations shall revert to the <strong>State</strong> treasury tothe credit <strong>of</strong> the general fund or special funds from which the appropriation <strong>and</strong>/orappropriations, were made <strong>and</strong>/or expended, at the end <strong>of</strong> each fiscal year; except that capitalexpenditures for the purchase <strong>of</strong> l<strong>and</strong>, the erection <strong>of</strong> buildings, new construction or renovationsin progress shall continue in force until the attainment <strong>of</strong> the object or the completion <strong>of</strong> thework for which the appropriations are made; except that maintenance appropriations to theGeneral Assembly shall remain available until expended, unless otherwise provided by theLegislative Services Commission.As used in this section, "unencumbered" means not obligated in the form <strong>of</strong> purchase orders,contracts, renovations in progress or salary commitments. No purchase orders, contracts,renovations in progress, or salary commitments shall be entered into during a fiscal year unlesssufficient funds are available within the purpose for which the funds were appropriated by theGeneral Assembly or as authorized by the Director <strong>of</strong> the <strong>Budget</strong> as allowed by law. (1925, c.18, s. 19; 1929, c. 100, s. 20; 1983 (Reg. Sess., 1984), c. 1034, s. 181; 1985, c. 479, s. 158; 1989(Reg. Sess., 1990), c. 1066, s. 26.)§ 143-18.1. Decrease <strong>of</strong> projects within capital improvement appropriations; requestingauthorization <strong>of</strong> capital projects not specifically provided for.(a) Upon the request <strong>of</strong> the administration <strong>of</strong> a <strong>State</strong> agency or institution, the Director <strong>of</strong> the<strong>Budget</strong> may decrease the scope <strong>of</strong> a capital improvement project. Prior to taking any actionunder this subsection, the Director <strong>of</strong> the <strong>Budget</strong> may consult with the Advisory <strong>Budget</strong>Commission.(b) Upon the request <strong>of</strong> the administration <strong>of</strong> a <strong>State</strong> agency or institution, the Director <strong>of</strong> the<strong>Budget</strong> may when, in his opinion, it is in the best interest <strong>of</strong> the <strong>State</strong> to do so, increase the cost<strong>of</strong> a capital improvement project within the appropriation made to that <strong>State</strong> agency or institutionwithin the capital improvement appropriation to that agency or institution for that biennium,provided that the project may not be increased in scope under the authority <strong>of</strong> this subsection.Prior to taking any action under this subsection, the Director <strong>of</strong> the <strong>Budget</strong> may consult with theAdvisory <strong>Budget</strong> Commission.(c) Upon the request <strong>of</strong> the administration <strong>of</strong> any <strong>State</strong> agency or institution, the Director <strong>of</strong> the<strong>Budget</strong> may accept funds by gift or grant for the construction <strong>of</strong> a capital improvement projectnot specifically provided for or authorized by the General Assembly. These funds shall beplaced in a special reserve account to be held by the <strong>State</strong> Treasurer until the end <strong>of</strong> the bienniumin which the account was established or until the capital improvement project is authorized bytheDirector <strong>of</strong> the <strong>Budget</strong>, whichever occurs first. These funds shall be invested <strong>and</strong> the interestthereon shall be added to the reserve. If the project is not authorized by the end <strong>of</strong> thatbiennium, the <strong>State</strong> Treasurer shall pay the funds accumulated in the special reserve account tothe grantor or donor. Upon the establishment <strong>of</strong> a special reserve account under this section, theDirector <strong>of</strong> the <strong>Budget</strong> shall notify the Speaker <strong>of</strong> the House <strong>and</strong> President <strong>of</strong> the Senate <strong>of</strong> thereceipt <strong>of</strong> the funds <strong>and</strong> the existence <strong>of</strong> the reserve account. Upon the request <strong>of</strong> theadministration <strong>of</strong> any <strong>State</strong> agency or institution, the Governor may, under G.S. 120-76(8),


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 36authorize the construction <strong>of</strong> a capital improvement project not specifically authorized by theGeneral Assembly if such project is to be fully funded by gifts, grants, receipts, special funds,self-liquidating indebtedness,other funds, or any combination <strong>of</strong> funds, but not including funds appropriated from the GeneralFund. All expenditures under this authorization shall be h<strong>and</strong>led in full compliance with theprovisions <strong>of</strong> the Executive <strong>Budget</strong> Act.The agency shall support its request for such capital improvement project, or projects, with thefollowing information: the estimated annual operating costs for (i) utilities; (ii) maintenance; (iii)repairs; (iv) additional personnel; (v) any <strong>and</strong> all other expenses to the <strong>State</strong> resulting from theaddition <strong>of</strong> this facility to the plant <strong>of</strong> the institution. Prior to taking any action under thissection to authorize a project, the Governor or the Director <strong>of</strong> the <strong>Budget</strong> may consult with theAdvisory <strong>Budget</strong> Commission <strong>and</strong> the Capital Planning Commission. (1965, c. 841, s. 1; 1983, c.717, s. 57; 1985 (Reg. Sess., 1986), c. 955, ss. 66-71; 1987, c. 282, s. 26; 1996, 2nd Ex. Sess., c.18, s. 7.4(e).)§ 143-19. Help for Director.The Director is hereby authorized to secure such special help, expert accountants, draftsmen <strong>and</strong>clerical help as he may deem necessary to carry out his duties under this Article; <strong>and</strong> shall fix thecompensation <strong>of</strong> all persons employed under this Article; which shall be paid by the <strong>State</strong>Treasurer upon the warrant <strong>of</strong> the <strong>State</strong> Controller. A statement in detail <strong>of</strong> all personsemployed, time employed, compensation paid, <strong>and</strong> itemized statement <strong>of</strong> all other expendituresmade under the terms <strong>of</strong> this Article, shall be reported to the General Assembly by the Director,<strong>and</strong> all payments made under this Article shall be charged against <strong>and</strong> paid out <strong>of</strong> the emergencycontingent fund <strong>and</strong>/or such appropriations as may be made for the use <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong><strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. (1925, c. 89, s. 20; 1929, c. 100, s. 21; 1957, c. 269, s. 2; 1961, c.1181, s. 2; 1979, 2nd Sess., c. 1137, s. 37; 1985 (Reg. Sess., 1986), c. 1024, s. 15; 2000-140, s.93.1(a); 2001-424, s. 12.2(b).)§ 143-20. Accounting records.The <strong>State</strong> Controller shall be responsible for keeping a record <strong>of</strong> the appropriations, allotments,expenditures, <strong>and</strong> revenues <strong>of</strong> each <strong>State</strong> department, institution, board, commission, <strong>of</strong>ficer, orother agency in any manner h<strong>and</strong>ling <strong>State</strong> funds. These records shall be kept in summary form,or in as much detail as the <strong>State</strong> Controller may deem advisable. (1925, c. 89, s. 22; 1929, c.100, s. 22; 1955, c. 578, s. 5; 1957, c. 269, s. 2; 1979, 2nd Sess., c. 1137, s. 37; 1983, c. 913, s.31; 1985 (Reg. Sess., 1986), c. 1024, s. 16.)§ 143-20.1. Annual financial statements.Every fiscal year, all <strong>State</strong> agencies <strong>and</strong> component units <strong>of</strong> the <strong>State</strong>, as defined by generallyaccepted accounting principles, shall prepare annual financial statements on all fundsadministered by them no later than 60 days after the end <strong>of</strong> the <strong>State</strong>'s fiscal year then ended inaccordance with generally accepted accounting principles as described in authoritativepronouncements <strong>and</strong> interpreted or prescribed by the <strong>State</strong> Controller, <strong>and</strong> in the form requiredby the <strong>State</strong> Controller. The <strong>State</strong> Controller shall publish guidelines specifying the procedures


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 37to implement the necessary records, procedures, <strong>and</strong> accounting systems to reflect thesestatements on the proper basis <strong>of</strong> accounting.Accordingly, the <strong>State</strong> Controller shall combine the financial statements for the various agenciesinto a Comprehensive Annual Financial Report for the <strong>State</strong> <strong>of</strong> North Carolina in accordancewith generally accepted accounting principles. These statements, along with the opinion <strong>of</strong> the<strong>State</strong> Auditor, shall be published as the <strong>of</strong>ficial financial statements <strong>of</strong> the <strong>State</strong> <strong>and</strong> shall bedistributed to the Governor, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>, members <strong>of</strong> theGeneral Assembly, heads <strong>of</strong> departments, agencies, <strong>and</strong> institutions <strong>of</strong> the <strong>State</strong>, <strong>and</strong> otherinterested parties. The <strong>State</strong> Controller shall notify the Director <strong>of</strong> the <strong>Budget</strong> <strong>of</strong> any <strong>State</strong>agencies <strong>and</strong> component units <strong>of</strong> the <strong>State</strong>, as defined by generally accepted accountingprinciples, that have not complied fully with the requirements <strong>of</strong> this section within the specifiedtime, <strong>and</strong> the Director <strong>of</strong> the <strong>Budget</strong> shall employ whatever means necessary, including thewithholding <strong>of</strong> allotments, to ensure immediate corrective actions. (1983, c. 913, s. 32; 1985(Reg. Sess., 1986), c. 1024, ss. 17-19; 2000-67, s. 7(a); 2000-140, s. 93.1(a); 2001-424, s.12.2(b).)§ 143-21. Issuance <strong>of</strong> subpoenas.The Director shall have <strong>and</strong> is hereby given full power <strong>and</strong> authority to issue the writ <strong>of</strong>subpoena for any <strong>and</strong> all persons who may be desired as witnesses concerning any matters beinginquired into by the Director or the Commission, <strong>and</strong> such writs when signed by the Directorshall run anywhere in this <strong>State</strong> <strong>and</strong> be served by any civil process <strong>of</strong>ficer without fees orcompensation. Any failure to serve writs promptly <strong>and</strong> with due diligence, shall subject such<strong>of</strong>ficer to the usual penalties <strong>and</strong> liabilities <strong>and</strong> punishment as are now provided in the cases <strong>of</strong>like kind applying to sheriffs, <strong>and</strong> any persons who shall fail to obey said writ shall be subject topunishment for contempt in the discretion <strong>of</strong> the court <strong>and</strong> to be fined as witnesses summoned toattend the superior court, <strong>and</strong> such remedies shall be enforced against such <strong>of</strong>fending witnessesupon motion <strong>and</strong> notice filed in the Superior Court <strong>of</strong> Wake County by the Attorney Generalunder the direction <strong>of</strong> the Director. Any <strong>and</strong> all persons who shall be subpoenaed <strong>and</strong> requiredto appearbefore the Director or the Commission as witnesses concerning any matters being inquired intoshall be compellable <strong>and</strong> required to testify, but such persons shall be immune from prosecution<strong>and</strong> shall be forever pardoned for violation <strong>of</strong> law about which such person is so required totestify. (1925, c. 89, s. 25; 1929, c. 100, s. 23; 1953, c. 675, s. 18.)§ 143-22. Surveys, studies <strong>and</strong> examinations <strong>of</strong> departments <strong>and</strong> institutions.The Director is hereby given full power <strong>and</strong> authority to make such surveys, studies,examinations <strong>of</strong> departments, institutions <strong>and</strong> agencies <strong>of</strong> this <strong>State</strong>, as well as its problems, so asto determine whether there may be an overlapping in the performance <strong>of</strong> the duties <strong>of</strong> the severaldepartments <strong>and</strong> institutions <strong>and</strong> agencies <strong>of</strong> the <strong>State</strong>, <strong>and</strong> to make surveys, examinations <strong>and</strong>inquiries into the matter <strong>of</strong> the various activities <strong>of</strong> the <strong>State</strong>, <strong>and</strong> to survey, appraise, examine<strong>and</strong> inspect <strong>and</strong> determine the true condition <strong>of</strong> all property <strong>of</strong> the <strong>State</strong>, <strong>and</strong> what may benecessary to protect it against fire hazard, deterioration, <strong>and</strong> to conserve its use for <strong>State</strong>purposes, <strong>and</strong> to make <strong>and</strong> issue <strong>and</strong> to enforce all necessary, needful or convenient rules <strong>and</strong>regulations for the enforcement <strong>of</strong> this Article. (1925, c. 89, s. 26; 1929, c. 100, s. 23; 1969,


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 38c. 458, s. 2.)§ 143-23. All maintenance funds for itemized purposes; transfers between objects or lineitems.(a) All appropriations now or hereafter made for the maintenance <strong>of</strong> the various departments,institutions <strong>and</strong> other spending agencies <strong>of</strong> the <strong>State</strong>, are for the (i) purposes or programs <strong>and</strong> (ii)objects or line items enumerated in the itemized requirements <strong>of</strong> such departments, institutions<strong>and</strong> other spending agencies submitted to the General Assembly by the Director <strong>of</strong> the <strong>Budget</strong><strong>and</strong> the Advisory <strong>Budget</strong> Commission, as amended by the General Assembly. The function <strong>of</strong>the Advisory <strong>Budget</strong> Commission under this subsection applies only if the Director <strong>of</strong> the<strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> the budget.(a1) Notwithst<strong>and</strong>ing the provisions <strong>of</strong> subsection (a) <strong>of</strong> this section, a department, institution, orother spending agency may, with approval <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>, spend more than wasappropriated for:(1) An object or line item within a purpose or program so long as the total amountexpended for the purpose or program is no more than was appropriated from all sourcesfor the purpose or program for the fiscal period;(2) A purpose or program, without consultation with the Joint Legislative Commission onGovernmental Operations, if the overexpenditure <strong>of</strong> the purpose or program is:a. Required by a court, Industrial Commission, or administrative hearing <strong>of</strong>ficer'sorder;b. Required to respond to an unanticipated disaster such as a fire, hurricane, ortornado; orc. Required to call out the National Guard.The Director <strong>of</strong> the <strong>Budget</strong> shall report on a quarterly basis to the Joint LegislativeCommission on Governmental Operations on any overexpenditures under thissubdivision; or(3) A purpose or program, after consultation with the Joint Legislative Commission onGovernmental Operations in accordance with G.S. 120-76(8), <strong>and</strong> only if: (i) theoverexpenditure is required to continue the purpose or programs due to complicationsor changes in circumstances that could not have been foreseen when the budget for thefiscal period was enacted <strong>and</strong> (ii) the scope <strong>of</strong> the purpose or program is not increased.The consultation is required as follows:a. For a purpose or program with a certified budget <strong>of</strong> up to five million dollars($5,000,000), consultation is required when the authorization for theoverexpenditure exceeds ten percent (10%) <strong>of</strong> the certified budget;b. For a purpose or program with a certified budget <strong>of</strong> from five million dollars($5,000,000) up to twenty million dollars ($20,000,000), consultation isrequired when the authorization for the overexpenditure exceeds five hundredthous<strong>and</strong> dollars ($500,000) or seven <strong>and</strong> one-half percent (7.5%) <strong>of</strong> thecertified budget, whichever is greater;c. For a purpose or program with a certified budget <strong>of</strong> twenty million dollars($20,000,000) or more, consultation is required when the authorization for the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 39overexpenditure exceeds one million five hundred thous<strong>and</strong> dollars($1,500,000) or five percent (5%) <strong>of</strong> the certified budget, whichever isgreater;d. For a purpose or program supported by federal funds or when expendituresare required for the reasons set out in subdivision (2) <strong>of</strong> this subsection, noconsultation is required.If the Joint Legislative Commission on Governmental Operations does not meet for more than 30days, the Director <strong>of</strong> the <strong>Budget</strong> may satisfy the requirements <strong>of</strong> the subsection to report to orconsult with the Commission by reporting to or consulting with a joint meeting <strong>of</strong> the Chairs <strong>of</strong>the Appropriations Committees <strong>of</strong> the Senate <strong>and</strong> the House <strong>of</strong> Representatives.(a2) Funds appropriated for salaries <strong>and</strong> wages are also subject to the limitation that they mayonly be used for:(1) Salaries <strong>and</strong> wages or for premium pay, overtime pay, longevity, unemploymentcompensation, workers' compensation, temporary wages, moving expenses <strong>of</strong>employees, payment <strong>of</strong> accumulated annual leave, certain awards to employees, tortclaims, <strong>and</strong> employer's social security, retirement, <strong>and</strong> hospitalization payments;(2) Contracted personal services if (i) the contract is for temporary services or specialproject services, (ii) the term <strong>of</strong> the contract does not extend beyond the fiscal year,(iii) the contract does not impose obligations on the <strong>State</strong> after the end <strong>of</strong> the fiscalyear; <strong>and</strong> (iv) the total <strong>of</strong> all overexpenditures for contracted personal servicesapproved in a program for a fiscal year does not exceed the greater <strong>of</strong> five hundredthous<strong>and</strong> dollars ($500,000) or ten percent (10%) <strong>of</strong> the lapsed salary funds in theprogram for the fiscal year; <strong>and</strong>(3) Uses for which overexpenditures are permitted by subdivision (2) <strong>of</strong> subsection (a1) <strong>of</strong>this section but the Director <strong>of</strong> the <strong>Budget</strong> shall include such use <strong>and</strong> the reason for it inhis quarterly report to the Joint Legislative Commission on Governmental Operations.Lapsed salary funds shall not be used for new permanent employee positions or to raise thesalary <strong>of</strong> existing employees.(a3), (a4) Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 7.4(f).(b) Repealed by Session Laws 1985, c. 290, s. 8.(c) Transfers or changes as between objects or line items in the budget <strong>of</strong> the Senate may bemade by the President Pro Tempore <strong>of</strong> the Senate.(d) Transfers or changes as between objects or line items in the budget <strong>of</strong> the House <strong>of</strong>Representatives may be made by the Speaker <strong>of</strong> the House <strong>of</strong> Representatives.(e) Transfers or changes as between objects or line items in the budget <strong>of</strong> the General Assemblyother than <strong>of</strong> the Senate <strong>and</strong> House <strong>of</strong> Representatives may be made jointly by the President ProTempore <strong>of</strong> the Senate <strong>and</strong> the Speaker <strong>of</strong> the House <strong>of</strong> Representatives.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 40(e1) Transfers or changes as between objects or line items in the budget <strong>of</strong> the <strong>Office</strong> <strong>of</strong> theGovernor may be made by the Governor.(e2) Transfers or changes as between objects or line items in the <strong>Office</strong> <strong>of</strong> the LieutenantGovernor may be made by the Lieutenant Governor.(f) As used in this section:(1) "Object or line item" means a budgeted expenditure or receipt in the budget enacted bythe General Assembly that is designated by (i) a thirteen-digit code in the 1000-objectcode series or (ii) an eleven-digit code in all other object code series, in accordancewith the <strong>Budget</strong> Code Structure <strong>and</strong> the <strong>State</strong> Accounting System Uniform Chart <strong>of</strong>Accounts set out in the Administrative Policies <strong>and</strong> Procedures <strong>Manual</strong> <strong>of</strong> the <strong>Office</strong> <strong>of</strong>the <strong>State</strong> Controller.(2) "Purpose or program" means a group <strong>of</strong> objects or line items for support <strong>of</strong> a specificactivity outlined in the budget adopted by the General Assembly that is designated by anine-digit fund code in accordance with the <strong>Budget</strong> Code Structure <strong>and</strong> the <strong>State</strong>Accounting System Uniform Chart <strong>of</strong> Accounts set out in the Administrative Policies<strong>and</strong> Procedures <strong>Manual</strong> <strong>of</strong> the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.(1929, c. 100, s. 24; 1981, c. 1127, s. 82; 1985, c. 290, s. 8; c. 479, s. 159; c. 757, s. 183; 1985(Reg. Sess., 1986), c. 955, s. 72; 1989, c. 752, s. 44; 1991 (Reg. Sess., 1992), c. 812, s. 6(c); c.900, s. 9(a); 1994, Ex. Sess., c. 24, s. 9(a)-(c); 1993 (Reg. Sess., 1994), c. 769, s. 13; 1995, c.507, s. 6.3; c. 509, ss. 77, 78; 1996, 2ndEx. Sess., c. 18, s. 7.4(f); 1997-443, s. 7.8(c).)§ 143-23.1. Repealed by Session Laws 1985, c. 290, s. 4, effective July 1, 1985.§ 143-23.2. Transfers to Department <strong>of</strong> Health <strong>and</strong> Human Services.(a) Political subdivisions may appropriate funds directly to the Department <strong>of</strong> Health <strong>and</strong> HumanServices for Medicaid programs. Other public agencies <strong>and</strong> private sources may transfer fundsto the Department for Medicaid programs. The Department may accept unconditional <strong>and</strong>unrestricted donations <strong>of</strong> such funds. Notwithst<strong>and</strong>ing the provisions <strong>of</strong> this Article whichmight forbid such transfer or donation, the University <strong>of</strong> North Carolina Hospitals at Chapel Hillmay transfer funds as provided by the previous sentence <strong>of</strong> this section.(b) Contributed funds shall be subject to the Department <strong>of</strong> Health <strong>and</strong> Human Servicesadministrative control <strong>and</strong> shall be allocated only as specifically provided in the currentoperations appropriations act, except such contributions shall not reduce <strong>State</strong> general revenuefunding. At the end <strong>of</strong> any fiscal year, the unobligated balance <strong>of</strong> any such funds shall notrevert to the General Fund, but shall be reappropriated for these purposes in the next fiscal year.(1987, c. 861, s. 1; 1989, c. 141, s. 18; c. 361; 1997-443, s. 11A.118(a); 1999-237, s. 11.10(b).)§ 143-23.3. Transfer <strong>of</strong> certain funds authorized.In order to assure maximum utilization <strong>of</strong> funds in county departments <strong>of</strong> social services, countyor district health agencies, <strong>and</strong> area mental health, developmental disabilities, <strong>and</strong> substance


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 41abuse services authorities, the Director <strong>of</strong> the <strong>Budget</strong> may transfer excess funds appropriated to aspecific service, program, or fund, whether specified service in a block grant plan or GeneralFund appropriation, into another service, program, or fund for local services within the budget <strong>of</strong>the respective <strong>State</strong> agency. (2001-424, s. 21.11.)§ 143-24. Borrowing <strong>of</strong> money by <strong>State</strong> Treasurer.The Director <strong>of</strong> the <strong>Budget</strong>, by <strong>and</strong> with the consent <strong>of</strong> the Governor <strong>and</strong> Council <strong>of</strong> <strong>State</strong>, shallhave authority to authorize <strong>and</strong> direct the <strong>State</strong> Treasurer to borrow in the name <strong>of</strong> the <strong>State</strong>, inanticipation <strong>of</strong> the collection <strong>of</strong> taxes, such sum or sums as may be necessary to make thepayments on the appropriations as even as possible <strong>and</strong> to preserve the best interest <strong>of</strong> the <strong>State</strong>in the conduct <strong>of</strong> the various <strong>State</strong> institutions, departments, bureaus, <strong>and</strong> agencies during eachfiscal year. (1929, c. 100, s. 25.)§ 143-25. Maintenance appropriations dependent upon adequacy <strong>of</strong> revenues to supportthem.(a) All maintenance appropriations now or hereafter made are hereby declared to be maximum,conditional <strong>and</strong> proportionate appropriations, the purpose being to make the appropriationspayable in full in the amounts named herein if necessary <strong>and</strong> then only in the event the aggregaterevenues collected <strong>and</strong> available during each fiscal year <strong>of</strong> the biennium for which suchappropriations are made, are sufficient to pay all <strong>of</strong> the appropriations in full; otherwise, the saidappropriations shall be deemed to be payable in such proportion as the total sum <strong>of</strong> allappropriations bears to the total amount <strong>of</strong> revenue available in each <strong>of</strong> said fiscal years. Exceptas provided in subsection (b) <strong>of</strong> this section, the Director <strong>of</strong> the <strong>Budget</strong> is given full power <strong>and</strong>authority to examine <strong>and</strong> survey the progress <strong>of</strong> the collection <strong>of</strong> the revenue out <strong>of</strong> which suchappropriations are to be made, <strong>and</strong> to declare <strong>and</strong> determine the amounts that can be, during eachquarter <strong>of</strong> each <strong>of</strong> the fiscal years <strong>of</strong> the biennium properly allocated to each respectiveappropriation. In making such examination <strong>and</strong> survey, the Director <strong>of</strong> the <strong>Budget</strong> shall receiveestimates <strong>of</strong> the prospective collection <strong>of</strong> revenues from the Secretary <strong>of</strong> Revenue <strong>and</strong> everyother revenue collecting agency <strong>of</strong> the <strong>State</strong>. The Director <strong>of</strong> the <strong>Budget</strong> may reduce all <strong>of</strong> saidappropriations pro rata when necessary to prevent an overdraft or deficit to the fiscal period forwhich such appropriations are made. The Governor may also reduce all <strong>of</strong> said appropriationspursuant to Article III, Section 5(3) <strong>of</strong> the Constitution in accordance with subsection (b) <strong>of</strong> thissection, after consulting with the Joint Legislative Commission on Governmental Operationsunder G.S. 120-76(8) if prior consultation is required by that section. The purpose <strong>and</strong> policy <strong>of</strong>this Article are to provide <strong>and</strong> insure that there shall be no overdraft or deficit in the general fund<strong>of</strong> the <strong>State</strong> at the end <strong>of</strong> the fiscal period, growing out <strong>of</strong> appropriations for maintenance <strong>and</strong> theDirector <strong>of</strong> the <strong>Budget</strong> is directed <strong>and</strong> required to so administer this Article as to prevent anysuch overdraft or deficit. Prior to taking any action under this section to reduce appropriationspro rata, the Governor may consult with the Advisory <strong>Budget</strong> Commission.(b) The General Assembly recognizes that it has required units <strong>of</strong> local government to adopt <strong>and</strong>maintain annual balanced budgets <strong>and</strong> take other steps to assure financially sound operationsunder the Local Government <strong>Budget</strong> <strong>and</strong> Fiscal Control Act <strong>and</strong> other provisions <strong>of</strong> Chapter 159<strong>of</strong> the General Statutes. Accordingly, the General Assembly finds that in order to satisfy those


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 42statutory requirements <strong>and</strong> provide adequate services to their citizens, units <strong>of</strong> local governmentmust be able to rely on the funds <strong>and</strong> local revenue sources the General Assembly has provided.It is the intent <strong>of</strong> the General Assembly that funds that have been collected by the <strong>State</strong> on behalf<strong>of</strong> local governments <strong>and</strong> funds that the General Assembly has appropriated or otherwisecommitted to local governments shall not be reduced except as provided in this section. Inexercising the powers contained in Section 5(3) <strong>of</strong> Article III <strong>of</strong> the North Carolina Constitution,the Governor shall not withhold from distribution funds that have been collected by the <strong>State</strong> onbehalf <strong>of</strong> local governments or funds that the General Assembly has appropriated or otherwisecommitted to local governments unless, after making adequate provision for the prompt payment<strong>of</strong> principal <strong>of</strong> <strong>and</strong> interest on bonds <strong>and</strong> notes <strong>of</strong> the <strong>State</strong> according to their terms, the Governorhas exhausted all other sources <strong>of</strong> revenue <strong>of</strong> the <strong>State</strong> including surplus remaining in thetreasury at the beginning <strong>of</strong> the fiscal period.This subsection does not authorize the Governor to withhold revenues from taxes levied by units<strong>of</strong> local governments <strong>and</strong> collected by the <strong>State</strong>. The General Assembly recognizes that underSection 19 <strong>of</strong> Article I <strong>of</strong> the North Carolina Constitution <strong>and</strong> under the Due Process Clause <strong>of</strong>the United <strong>State</strong>s Constitution, the <strong>State</strong> is prohibited from taking local tax revenue. (1929, c.100, s. 26; 1955, c. 578, s. 7; 1973, c. 476, s. 193; 1981, c. 859, s. 47.1; 1983, c. 717, s. 58; 1985,c. 290, s. 5; 1985 (Reg. Sess., 1986), c. 955, ss. 73, 74; 1996, 2nd Ex. Sess., c. 18, s. 7.4(g);2002-120, s. 7.)§ 143-26. Director to have discretion as to manner <strong>of</strong> paying annual appropriations.(a) Except as provided in subsection (b) <strong>of</strong> this section or as otherwise provided by <strong>State</strong> orfederal law, it shall be discretionary with the Director <strong>of</strong> the <strong>Budget</strong> whether any annualappropriation shall be paid in monthly, quarterly or semiannual installments or in a singlepayment.(b) Except as otherwise provided by <strong>State</strong> or federal law, an annual appropriation <strong>of</strong> one hundredthous<strong>and</strong> dollars ($100,000) or less to or for the use <strong>of</strong> a nonpr<strong>of</strong>it corporation shall be paid in asingle annual payment. An annual appropriation <strong>of</strong> more than one hundred thous<strong>and</strong> dollars($100,000) to or for the use <strong>of</strong> a nonpr<strong>of</strong>it corporation shall be paid in quarterly or monthlyinstallments, in the discretion <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>. (1897, c. 368; Rev., s. 5372; C.S., s.7683; 1925, c. 275, s. 9; 1929, c. 100, s. 27; 2001-424, s. 6.7; 2001-513, s. 1(b).)§ 143-27. Appropriations to educational, charitable <strong>and</strong> correctional institutions are inaddition to receipts by them.All appropriations now or hereafter made to the educational institutions, <strong>and</strong> to the charitable<strong>and</strong> correctional institutions, <strong>and</strong> to such other departments <strong>and</strong> agencies <strong>of</strong> the <strong>State</strong> as receivemoneys available for expenditure by them are declared to be in addition to such receipts <strong>of</strong> saidinstitutions, departments or agencies, <strong>and</strong> are to be available as <strong>and</strong> to the extent that suchreceipts are insufficient to meet the costs anticipated in the budget authorized by the GeneralAssembly, <strong>of</strong> maintenance <strong>of</strong> such institutions, departments, <strong>and</strong> agencies; Provided, however,that if the receipts, other than gifts <strong>and</strong> grants that are unanticipated <strong>and</strong> are for a specific


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 43purpose only, collected in a fiscal year by an institution, department, or agency exceed thereceipts certified for it in General Fund Codes, Highway Fund Codes, or Wildlife Fund Codes,the Director <strong>of</strong> the <strong>Budget</strong> shall decrease the amount he allots to that institution, department, oragency from appropriations from that Fund by the amount <strong>of</strong> the excess, unless the Director<strong>of</strong> the <strong>Budget</strong> has consulted with the Joint Legislative Commission on Governmental Operations<strong>and</strong> unless the Director <strong>of</strong> the <strong>Budget</strong> finds that (i) the appropriations from that Fund arenecessary to maintain the function that generated the receipts at the level anticipated in thecertified <strong>Budget</strong> Codes for that Fund <strong>and</strong> (ii) the funds may be expended in accordance with G.S.143-23. Notwithst<strong>and</strong>ing the foregoing provisions <strong>of</strong> this section, receipts within The University<strong>of</strong> North Carolina realized in excess <strong>of</strong> budgeted levels shall be available, up to a maximum <strong>of</strong>ten percent (10%) above budgeted levels, for each <strong>Budget</strong> Code, in addition to appropriations, tosupport the operations generating such receipts, as approved by the Director <strong>of</strong> the <strong>Budget</strong>.The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> shall report to the Joint Legislative Commission onGovernmental Operations <strong>and</strong> to the Fiscal Research Division <strong>of</strong> the Legislative Services <strong>Office</strong>within 30 days after the end <strong>of</strong> each quarter on expenditures <strong>of</strong> receipts in excess <strong>of</strong> the amountscertified in General Fund Codes, Highway Fund Codes, or Wildlife Fund Codes, that did notresult in a corresponding reduced allotment from appropriations from that Fund. (1929, c. 100, s.28; 1981 (Reg. Sess., 1982), c. 1282, s. 66; 1983, c. 761, s. 14; 1985, c. 479, ss. 156, 157; 1989(Reg. Sess., 1990), c. 936, s. 5(a); 1996, 2nd Ex. Sess., c. 18, s. 7.4(h)(1), (2); 1997-256, s. 11;1997-347, s. 7; 1997-401, s. 7; 1997-418, s. 6; 1997-443, s. 7.8(d); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-27.1. Repealed by Session Laws 1979, 2nd Session, c. 1137, s. 43.§ 143-27.2. Discontinued service retirement allowance <strong>and</strong> severance wages for certain<strong>State</strong> employees.(a) When the Director <strong>of</strong> the <strong>Budget</strong> determines that the closing <strong>of</strong> a <strong>State</strong> institution or areduction in force will accomplish economies in the <strong>State</strong> <strong>Budget</strong>, he shall pay either adiscontinued service retirement allowance or severance wages to any affected <strong>State</strong> employee,provided reemployment is not available. As used in this section, "economies in the <strong>State</strong><strong>Budget</strong>" means economies resulting from elimination <strong>of</strong> a job <strong>and</strong> its responsibilities or from alack <strong>of</strong> funds to support the job. In determining whether to pay a discontinued service retirementallowance or severance wages, the Director <strong>of</strong> the <strong>Budget</strong> shall consider the recommendation <strong>of</strong>the department head involved <strong>and</strong> any recommendation <strong>of</strong> the <strong>State</strong> Personnel Director.Severance wages shall not be paid to an employee who chooses a discontinued serviceretirement. Severance wages shall not be subject to employer or employee retirementcontributions. Severance wages shall be paid according to the policies adoptedby the <strong>State</strong> Personnel Commission.Notwithst<strong>and</strong>ing any other provisions <strong>of</strong> the <strong>State</strong>'s retirement laws, any employee <strong>of</strong> the <strong>State</strong>who is a member <strong>of</strong> the Teachers' <strong>and</strong> <strong>State</strong> Employees' Retirement System or the Law-Enforcement <strong>Office</strong>rs' Retirement System <strong>and</strong> who has his job involuntarily terminated as aresult <strong>of</strong> economies in the <strong>State</strong> <strong>Budget</strong> may be entitled to a discontinued service retirement


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 44allowance, subject to the approval <strong>of</strong> the employing agency <strong>and</strong> the availability <strong>of</strong> agency funds.An unreduced discontinued service retirement allowance, not otherwise allowed, may beapproved for employees with 20 or more years <strong>of</strong> creditable retirement service who are at least55 years <strong>of</strong> age; or a discontinued service retirement allowance, not otherwise allowed, may beapproved for employees with 20 or more years <strong>of</strong> creditable retirement service who are at least50 years <strong>of</strong> age, reduced by one-fourth <strong>of</strong> one percent (1/4 <strong>of</strong> 1%) for each month that retirementprecedes his fifty-fifth birthday. In cases where a discontinued service retirement allowance isapproved, the employing agency shall make a lump sum payment to the Administrator <strong>of</strong> the<strong>State</strong> Retirement Systems equal to the actuarial present value <strong>of</strong> the additional liabilities imposedupon the System, to be determined by the System's consulting actuary, as a result <strong>of</strong> thediscontinued service retirement, plus an administrative fee to be determined by theAdministrator.The salary used to determine severance wages under this section is the last annual salary exceptthat if the employee was promoted within the previous 12 months, the last annual salary is thatannual salary prior to the promotion. If the annual salary prior to the promotion is used, it shallbe adjusted to account for any across-the-board legislative salary increases. Excluded from anycalculation are any benefits such as, but not limited to, overtime pay, shift pay, holiday premium,or longevity pay.(b) Any employee separated from <strong>State</strong> government <strong>and</strong> paid severance wages under this sectionshall not be employed under a contractual arrangement by any <strong>State</strong> agency, other than theconstituent institutions <strong>of</strong> The University <strong>of</strong> North Carolina <strong>and</strong> the constituent institutions <strong>of</strong> theNorth Carolina Community College System, until 12 months have elapsed since the separation.This subsection does not affect any reduction in force rights that the employee may have. (1979,c. 838, s. 22; 1983, c. 761, s. 225; c. 923, s. 217(R); 1983 (Reg. Sess., 1984), c. 1034, s. 251;1985 (Reg. Sess., 1986), c. 981, s. 1; c. 1024, s. 20; 1987, c. 177, s. 2; 1989 (Reg. Sess., 1990), c.1066, s. 36(a); 1998-212, s. 28.28(a).)§ 143-28. All <strong>State</strong> agencies under provisions <strong>of</strong> this Article.It is the intent <strong>and</strong> purpose <strong>of</strong> this Article that every department, institution, bureau, division,board, commission, <strong>State</strong> agency, person, corporation, or undertaking, by whatsoever name nowor hereafter called, that expends money appropriated by the General Assembly or moneycollected by or for such departments, institutions, bureaus, boards, commissions, persons,corporations, or agencies, under any general law <strong>of</strong> this <strong>State</strong>, shall be subject to <strong>and</strong> under thecontrol <strong>of</strong> every provision <strong>of</strong> this Article. Any power expressed in this Article or necessarilyimplied from the language here<strong>of</strong> or from the nature <strong>and</strong> character <strong>of</strong> the duties imposed, inaddition to the powers <strong>and</strong> duties heret<strong>of</strong>ore expressly conferred herein, shall be held <strong>and</strong>construed to be given hereby to the end that any <strong>and</strong> all duties herein imposed <strong>and</strong> made <strong>and</strong> allpurposes herein expressed may be fully performed <strong>and</strong> completely accomplished, <strong>and</strong> to that endthis Article shall be liberally construed. (1925, c. 89, s. 28; 1929, c. 100, s. 29; 1955, c. 578, s. 8;1957, c. 269, s. 2; 1979, 2nd Sess., c. 1137, s. 37; 1981, c. 859, s. 47.1; 1985, c. 290, s. 6.)§ 143-28.1. Highway Fund appropriation.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 45Notwithst<strong>and</strong>ing any other provisions <strong>of</strong> this Article, the appropriations made from the HighwayFund for highway construction <strong>and</strong> maintenance are subject to the following provisions.(1) Cash Flow Funding for Highway Construction <strong>and</strong> Maintenance. – Highwaymaintenance <strong>and</strong> construction funds shall be budgeted, expended <strong>and</strong> accounted for ona "cash flow" basis. Pursuant to this end, highway maintenance <strong>and</strong> constructioncontracts shall be planned <strong>and</strong> limited so payments due at any time will not exceed thecash available to pay them.(2) Appropriations are for Payments <strong>and</strong> Contract Commitments to be Made in theAppropriation Fiscal Year. - The appropriations provided for by the Appropriations Actfor highway maintenance <strong>and</strong> construction are for maximum payments estimated to bemade during the appropriation fiscal year <strong>and</strong> for maximum contracting authority forfuture years. Highway maintenance <strong>and</strong> construction contracts shall be scheduled sothat the total contract payments <strong>and</strong> other expenditures charged to projects in the fiscalyear for each highway maintenance <strong>and</strong> construction appropriation item will not exceedthe current appropriations provided by the General Assembly <strong>and</strong> unspent priorappropriations made by the General Assembly for the particular appropriation item.(3) Payments Subject to Availability <strong>of</strong> Funds - Retainage Fully Funded - 5% CashBalance Required. - The annual appropriations for highway maintenance <strong>and</strong>construction provided for by the Appropriations Act shall be expended only to theextent that sufficient funds are available in the Highway Fund. The Department <strong>of</strong>Transportation shall fully fund retainage from maintenance <strong>and</strong> construction contractsin the year in which the work is performed, <strong>and</strong> in addition shall maintain an availablecash balance at the end <strong>of</strong> each month equal to at least five percent (5%) <strong>of</strong> the unpaidbalance <strong>of</strong> the total maintenance <strong>and</strong> construction contract obligations. In the eventthis cash position is not maintained, no further construction <strong>and</strong> maintenance contractcommitments shall be entered into until the cash balance has been regained. For thepurposes <strong>of</strong> awarding contracts involving federal-aid, any amount due from the federalgovernment <strong>and</strong> the Highway Bond Fund as a result <strong>of</strong> unreimbursed expenditures maybe considered as cash for the purposes <strong>of</strong> this provision.(4) Anticipation <strong>of</strong> Revenues. - In awarding <strong>State</strong> highway construction <strong>and</strong> maintenancecontracts requiring payments beyond a biennium, the Director <strong>of</strong> the <strong>Budget</strong> mayanticipate revenues as authorized <strong>and</strong> certified by the General Assembly, to continuecontract payments for up to seventy-five percent (75%) <strong>of</strong> the revenues which areestimated for the first fiscal year <strong>of</strong> the succeeding biennium <strong>and</strong> which are notrequired for other budget items. Up to fifty percent (50%) <strong>of</strong> the revenues not requiredfor other budget items may be anticipated for the second fiscal year <strong>of</strong> the succeedingbiennium's contract payments. Up to forty percent (40%) <strong>of</strong> the revenues not requiredfor other budget items may be anticipated for the first year <strong>of</strong> the second succeedingbiennium <strong>and</strong> up to twenty percent (20%) <strong>of</strong> the revenues not required for other budgetitems may be anticipated for the second year <strong>of</strong> the second succeeding biennium.(5) Amounts Obligated - Payments Subject to the Availability <strong>of</strong> Funds - Termination <strong>of</strong>Contracts. - Highway maintenance <strong>and</strong> construction appropriations may be obligated inthe amount <strong>of</strong> allotments made to the Department <strong>of</strong> Transportation by the <strong>Office</strong> <strong>of</strong><strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> for the estimated payments for maintenance <strong>and</strong>construction contract work to be performed in the appropriation fiscal year. The


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 46allotments shall be multi-year allotments <strong>and</strong> shall be based on estimated revenues <strong>and</strong>shall be subject to the maximum contract authority contained in subdivision (2) above.Payment for highway maintenance <strong>and</strong> construction work performed pursuant tocontract in any fiscal year other than the current fiscal year will be subject toappropriations by the General Assembly. Highway maintenance <strong>and</strong> constructioncontracts shall contain a schedule <strong>of</strong> estimated completion progress <strong>and</strong> anyacceleration <strong>of</strong> this progress shall be subject to the approval <strong>of</strong> the Department <strong>of</strong>Transportation provided funds are available. The <strong>State</strong> reserves the right to terminateor suspend any highway maintenance or construction contract <strong>and</strong> any highwaymaintenance or construction contract shall be so terminated or suspended if funds willnot be available for payment <strong>of</strong> the work to be performed during that fiscal yearpursuant to the contract. In the event <strong>of</strong> termination <strong>of</strong> any contract, the contractorshall be given a written notice <strong>of</strong> termination at least 60 days before completion <strong>of</strong>scheduled work for which funds are available. In the event <strong>of</strong> termination, thecontractor shall be paid for the work already performed in accordance with the contractspecifications.(6) Provision Incorporated in Contracts. - The provisions <strong>of</strong> subdivision (5) <strong>of</strong> this sectionshall be incorporated verbatim in all highway construction <strong>and</strong> maintenance contracts.(7) Existing Contracts Are Not Affected. - The provisions <strong>of</strong> this section shall not apply tohighway construction <strong>and</strong> maintenance contracts awarded by the Department <strong>of</strong>Transportation prior to July 15, 1980. (1979, 2nd Sess., c. 1137, s. 62; 1981, c. 859, s.9; 1996, 2nd Ex. Sess., c. 18, s. 19.4(b); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-29. Delegation <strong>of</strong> power by Director.Any power or duty herein conferred on the Governor as Director may be exercised <strong>and</strong>performed by such person or persons as may be designated or appointed by him from time totime in writing. (1925, c. 89, s. 29; 1929, c. 100, s. 30.)§ 143-30. <strong>Budget</strong> <strong>of</strong> <strong>State</strong> institutions.The several institutions <strong>of</strong> the <strong>State</strong>, boards, departments, commissions, agencies, persons orcorporations, included with the terms here<strong>of</strong> to which appropriations are made now or hereafterfor permanent improvements or for maintenance, shall, before any <strong>of</strong> such appropriations,whether for permanent improvements or for maintenance, are available or paid to them or anyone <strong>of</strong> them, budget their requirements <strong>and</strong> present the same to the Director <strong>of</strong> the <strong>Budget</strong> on orbefore the first day <strong>of</strong> June <strong>of</strong> each odd-numbered year hereafter. There shall be a separatebudget presented for permanent improvements <strong>and</strong> for maintenance. Each <strong>of</strong> said budgets shallcontain the requirements <strong>of</strong> said institutions, boards, commissions, <strong>and</strong> agencies, persons <strong>and</strong>corporations, <strong>and</strong> undertakings, as hereinbefore defined, for the succeeding two years. Eachinstitution, board, department, commission, agency, person or corporation, in the preparation <strong>of</strong>such budget, shall follow as nearly as may be the itemized recommendations <strong>of</strong> the Director <strong>of</strong>the <strong>Budget</strong> <strong>and</strong> Advisory <strong>Budget</strong> Commission <strong>and</strong>/or as amended by the General Assembly. Theforms, except when modified <strong>and</strong> changed by authority <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>, shall bethe forms used in presenting the requests. The function <strong>of</strong> the Advisory <strong>Budget</strong> Commissionunder this section applies only if the Director <strong>of</strong> the <strong>Budget</strong> consults with the Commission in


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 47preparation <strong>of</strong> the budget. (1925, c. 230, s. 2; 1929, c. 100, s. 32; 1985 (Reg. Sess., 1986), c.955, s. 75.)§ 143-31. Building <strong>and</strong> permanent improvement funds spent in accordance with budget.All buildings <strong>and</strong> other permanent improvements, which shall be erected <strong>and</strong>/or constructed,shall be erected <strong>and</strong>/or constructed, <strong>and</strong> carried on <strong>and</strong> the money spent therefor in strictaccordance with the budget requests <strong>of</strong> such institution, board, commission, agency, person, orcorporation filed with the Director <strong>of</strong> the <strong>Budget</strong>. The expenditure <strong>of</strong> appropriations formaintenance shall be in strict accordance with the budget recommendations for such institution,board, commission, agency, person or corporation <strong>and</strong>/or as amended or changed by the GeneralAssembly. It shall be the duty <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong> to see that all money appropriatedfor either permanent improvements or maintenance shall be expended in strict accordance withthe budget recommendations <strong>and</strong>/or as amended by the General Assembly, for each department,institution, board, commission, agency, person or corporation. If the Director <strong>of</strong> the <strong>Budget</strong> shallascertain that any department, institution, board, commission, agency, person or corporation hasused any <strong>of</strong> the moneys appropriated to it for any purpose other than that for which it wasappropriated <strong>and</strong> budgeted, as herein required, <strong>and</strong> not in strict accordance with the terms <strong>of</strong> thisArticle, the Director <strong>of</strong> the <strong>Budget</strong> shall have the power <strong>and</strong> he is hereby authorized to notifysuch institution, board, commission, agency, person or corporation that no further sums from anyappropriation made to it will be available to such department, institution, board, commission,agency, person or corporation until <strong>and</strong> after the persons responsible for the diversion <strong>of</strong> thesaid funds shall have replaced the same, <strong>and</strong> the Director <strong>of</strong> the <strong>Budget</strong> shall have the power <strong>and</strong>he is hereby authorized to notify the <strong>State</strong> Controller not to approve or issue any further warrantsfor such department, institution, board, commission, agency, person or corporation for anyunexpended appropriation <strong>and</strong> the <strong>State</strong> Controller is hereby prohibited from approving orissuing any further warrants for such department, institution, board, commission, agency, personor corporation until he shall have been otherwise directed by the Director <strong>of</strong> the <strong>Budget</strong>. (1925,c. 230, s. 3; 1929, c. 100, s. 33; 1961, c. 1181, s. 3; 1985 (Reg. Sess., 1986), c. 1024, s. 21.)§ 143-31.1. Study <strong>and</strong> review <strong>of</strong> plans <strong>and</strong> specifications for building, improvement, etc.,projects.It shall be the duty <strong>and</strong> responsibility <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong> to determine whetherbuildings, repairs, alterations, additions or improvements to physical properties for whichappropriations <strong>of</strong> <strong>State</strong> funds are made have been designed for the specific purpose for whichsuch appropriations are made, that such projects have been designed giving proper considerationto economy in first cost, in maintenance cost, in materials <strong>and</strong> type <strong>of</strong> construction.Architectural features shall be selected which give proper consideration to economy in design.The Director <strong>of</strong> the <strong>Budget</strong> shall have prepared a complete study <strong>and</strong> review <strong>of</strong> all plans <strong>and</strong>specifications for such projects <strong>and</strong> bids on same will not be received until the results <strong>of</strong> suchstudy <strong>and</strong> review have been incorporated in such plans <strong>and</strong> specifications, <strong>and</strong> until economicconditions <strong>of</strong> the construction industry are considered by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong> to be favorable to the letting <strong>of</strong> construction contracts. The Director <strong>of</strong> the <strong>Budget</strong>may, when he considers it in the best interest <strong>of</strong> the <strong>State</strong> to do so, terminate design contractswhen it is documented that the designer has failed to perform the conditions enumerated in thecontract.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 48Notwithst<strong>and</strong>ing G.S. 143-135, the Director <strong>of</strong> the <strong>Budget</strong> may authorize the Department <strong>of</strong>Health <strong>and</strong> Human Services <strong>and</strong> the Department <strong>of</strong> Correction to use funds necessary forprojects that correct deficiencies, improve living conditions, or renovate unneeded patient spacefor <strong>State</strong> <strong>of</strong>fice space. (1953, c. 1090; 1963, c. 423; 1975, c. 879, s. 46; 1979, 2nd Sess., c. 1137,s. 37; 1981, c. 860, s. 12; 1983 (Reg. Sess., 1984), c. 1116, s. 95; 1997-443, s. 11A.118(a); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-31.2. Appropriation, allotment, <strong>and</strong> expenditure <strong>of</strong> funds for historic <strong>and</strong>archeological property.The Department <strong>of</strong> Cultural Resources may not expend any <strong>State</strong> funds for the acquisition,preservation, restoration, or operation <strong>of</strong> historic or archeological real <strong>and</strong> personal property, <strong>and</strong>the Director <strong>of</strong> the <strong>Budget</strong> may not allot any appropriations to the Department <strong>of</strong> CulturalResources for a particular historic site until (i) the property or properties shall have beenapproved for such purpose by the Department <strong>of</strong> Cultural Resources according to criteriaadopted by the North Carolina Historical Commission, (ii) the report <strong>and</strong> recommendation <strong>of</strong> theNorth Carolina Historical Commission has been received <strong>and</strong> considered by the Department <strong>of</strong>Cultural Resources, <strong>and</strong> (iii) the Department <strong>of</strong> Cultural Resources has found that there is afeasible <strong>and</strong> practical method <strong>of</strong> providing funds for the acquisition, restoration <strong>and</strong>/or operation<strong>of</strong> such property. (1963, c. 210, s. 3; 1973, c. 476, s. 48; 1985 (Reg. Sess; 1986), c. 1014, s.171(e).)§ 143-31.3. Grants to nonstate health <strong>and</strong> welfare agencies.Nonstate health <strong>and</strong> welfare agencies shall submit their appropriation requests for grants-in-aidthrough the Secretary <strong>of</strong> the Department <strong>of</strong> Health <strong>and</strong> Human Services for recommendations tothe Director <strong>of</strong> the <strong>Budget</strong> <strong>and</strong> the Advisory <strong>Budget</strong> Commission <strong>and</strong> the General Assembly, <strong>and</strong>agencies receiving these grants, at the request <strong>of</strong> the Secretary <strong>of</strong> the Department <strong>of</strong> Health <strong>and</strong>Human Services, shall provide a postaudit <strong>of</strong> their operations that has been done by a certifiedpublic accountant. The function <strong>of</strong> the Advisory <strong>Budget</strong> Commission under this section appliesonly if the Director <strong>of</strong> the <strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> the budget.(1979, c. 838, s. 35; 1985 (Reg. Sess., 1986), c. 955, s. 76; 1997-443, s. 11A.118(a).)§ 143-31.4. Non-<strong>State</strong> match restrictions.Whenever money is required to match in appropriation made for a specific purpose by the <strong>State</strong><strong>of</strong> North Carolina, the recipient <strong>of</strong> the appropriation shall actually receive as a gift, grant,earnings in actual money, or a pledge that can be used as collateral in any prudent loantransaction, the matching amount required. The recipient shall retain the matching amountreceived in its possession until spent for that purpose <strong>and</strong> shall spend an equal percentage <strong>of</strong> theappropriation <strong>and</strong> <strong>of</strong> the matching amount each time an expenditure is made, unless theindividual appropriation requires otherwise. (1985, c. 479, s. 155.)§ 143-31.5. Repayment <strong>of</strong> certain unexpended <strong>and</strong> unencumbered sums; reports.(a)Whenever funds have been appropriated by an act ratified before January 1, 1985, directly bythe provisions <strong>of</strong> that act to a specific non-state agency, but those funds are not expended orencumbered by that agency by June 30, 1988, the agency shall no later than July 31, 1988, repay


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 49to the <strong>State</strong> all sums not so expended or encumbered. For the purposes <strong>of</strong> this section, agencyincludes any corporation, association, board, commission, city, county, local schooladministrative unit or board <strong>of</strong> education, or local commission, but does not include acommunity college.(b) Any such agency so appropriated funds for fiscal year 1980-81, 1981-82, 1982-83, 1983-84or 1984-85 shall report to the <strong>State</strong> <strong>Budget</strong> <strong>Office</strong> no later than December 31, 1986, the amount<strong>of</strong> any such funds not yet expended or encumbered. The <strong>State</strong> <strong>Budget</strong> <strong>Office</strong> shall monthlytransmit a copy <strong>of</strong> such reports to the Joint Legislative Commission on Governmental Operations<strong>and</strong> the Fiscal Research Division. (1985 (Reg. Sess., 1986), c. 1014, s. 180; 1987, c. 564, s. 26;c. 722; 2000-140, s. 93.1(l).)§ 143-32. Person expending an appropriation wrongfully.(a)Any trustee, director, manager, building committee or other <strong>of</strong>ficer or person connected withany institution, or other <strong>State</strong> agency as herein defined, to which an appropriation is made, whoshall expend any appropriation for any purpose other than that for which the money wasappropriated <strong>and</strong> budgeted or who shall consent thereto, shall be liable to the <strong>State</strong> <strong>of</strong> NorthCarolina for such sum so spent <strong>and</strong> the sum so spent, together with interest <strong>and</strong> costs, shall berecoverable in an action to be instituted by the Attorney General for the use <strong>of</strong> the <strong>State</strong> <strong>of</strong>North Carolina, which action may be instituted in the Superior Court <strong>of</strong> Wake County, or anyother county, subject to the power <strong>of</strong> the court to remove such action for trial to any othercounty, as provided in G.S. 1-83, subdivision (2). Notwithst<strong>and</strong>ing the provisions <strong>of</strong> Chapters120, 128, 135, <strong>and</strong> 143 <strong>of</strong> the General Statutes, the board <strong>of</strong> trustees <strong>of</strong> the <strong>State</strong> administeredretirement system may not pay any retirement benefits or allowances, except for withdrawncontributions, to any person found liable pursuant to this subsection until the person has paid tothe <strong>State</strong> the sum required by this subsection, together with interest <strong>and</strong> costs. The AttorneyGeneral shall notify the retirement system <strong>of</strong> any member's outst<strong>and</strong>ing liability under thissubsection <strong>and</strong> shall also notify the retirement system when this liability has been removed.(b) Any member or members <strong>of</strong> any board <strong>of</strong> trustees, board <strong>of</strong> directors, or other controllingbody governing any <strong>of</strong> the institutions <strong>of</strong> the <strong>State</strong>, or any <strong>of</strong>ficer, employee <strong>of</strong>, or personholding any position with any <strong>of</strong> the institutions <strong>of</strong> the <strong>State</strong>, or other <strong>State</strong> agency as hereindefined, who willfully acts to divert, use, or expend any funds appropriated for the use <strong>of</strong> saidinstitution or agency, in a manner designed to circumvent the provisions <strong>of</strong> this section,including normal reversions <strong>of</strong> <strong>State</strong> funds, by failing to properly receive or deposit funds, or bythe improper expenditure or transfer <strong>of</strong> funds for any purpose other than that for which the fundswere appropriated <strong>and</strong> budgeted, shall be guilty <strong>of</strong> a Class 1 misdemeanor. All <strong>of</strong>fenses againstthis section shall be held to have been committed in the County <strong>of</strong> Wake <strong>and</strong> shall be tried <strong>and</strong>disposed <strong>of</strong> in the General Court <strong>of</strong> Justice for Wake County. If such <strong>of</strong>fender be not an <strong>of</strong>ficerelected by vote <strong>of</strong> the people, conviction <strong>of</strong> such <strong>of</strong>fense shall be sufficient cause for removalfrom <strong>of</strong>fice or dismissal from employment by the Governor upon 30 days' notice in writing tosuch <strong>of</strong>fender. (1925, c. 230, s. 4; 1929, c. 100, s. 34; 1977, c. 930; 1985, c. 479, s. 195; 1993, c.539, s. 1002; 1994, Ex. Sess., c. 24, s. 14(c).)§ 143-33. Intent.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 50It is an intent <strong>and</strong> purpose <strong>of</strong> this Article that all departments, institutions, boards, commissions,agencies, persons or corporations to which appropriations for permanent improvements <strong>and</strong>/ormaintenance are made, shall submit to the Director <strong>of</strong> the <strong>Budget</strong> their requests for the payment<strong>of</strong> such appropriations in the form <strong>of</strong> a budget, following the recommendations made by theDirector <strong>of</strong> the <strong>Budget</strong> <strong>and</strong> the Advisory <strong>Budget</strong> Commission <strong>and</strong>/or as amended by the GeneralAssembly. The function <strong>of</strong> the Advisory <strong>Budget</strong> Commission under this section applies only ifthe Director <strong>of</strong> the <strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> the budget. (1925, c.230, s. 5; 1929, c. 100, s. 35; 1985 (Reg. Sess., 1986), c. 955, s. 77.)§ 143-34. Penalties <strong>and</strong> punishment for violations.A refusal to perform any <strong>of</strong> the requirements <strong>of</strong> this Article, <strong>and</strong> the refusal to perform any ruleor requirement or request <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong> made pursuant to, or under authority <strong>of</strong>,the Executive <strong>Budget</strong> Act, shall subject the <strong>of</strong>fender to penalty <strong>of</strong> two hundred fifty dollars($250.00), to be recovered in an action instituted either in Wake County Superior Court, or anyother county, by the Attorney General for the use <strong>of</strong> the <strong>State</strong> <strong>of</strong> North Carolina, <strong>and</strong> shall alsoconstitute a Class 1 misdemeanor. If such <strong>of</strong>fender be not an <strong>of</strong>ficer elected by vote <strong>of</strong> thepeople, such <strong>of</strong>fense shall be sufficient cause for removal from <strong>of</strong>fice or dismissal fromemployment by the Governor upon 30 days' notice in writing to such <strong>of</strong>fender. (1929, c. 100, s.36; 1993, c. 539, s. 1003; 1994, Ex. Sess., c. 14, s. 61, c. 24, s. 14(c).)§ 143-34.1. Positions included in the <strong>State</strong>'s payroll must be approved by the Director <strong>of</strong><strong>Budget</strong>; payment <strong>of</strong> benefits <strong>and</strong> other salary-related items must be made from samesource as salary; dependent care assistance program authorized; flexible compensationbenefits authorized.(a) Before a department, institution, or other agency <strong>of</strong> <strong>State</strong> government establishes a newposition or changes the funding <strong>of</strong> an existing position, the agency must submit the proposedaction to the Director for approval. The Director shall review the proposed action to ensure thatit is within the amount appropriated to the agency. If the Director approves the action, theDirector shall notify the agency <strong>and</strong> the <strong>State</strong> Controller <strong>of</strong> the approval. The <strong>State</strong> Controllermay not honor a voucher in payment <strong>of</strong> a payroll that includes a new position or a change in anexisting position that has not been approved by the Director.(a1) A department, institution, or other agency <strong>of</strong> <strong>State</strong> government may establish new receiptsupportedpositions only after prior consultation with the Joint Legislative Commission onGovernmental Operations. This subsection shall not apply to work-order funded positions in theDepartment <strong>of</strong> Transportation that are created for the purpose <strong>of</strong> highway construction, topositions at The University <strong>of</strong> North Carolina or its constituent institutions, or to positionsestablished by the Governor to exp<strong>and</strong> the <strong>State</strong>'s capabilities in dealing with the threat <strong>of</strong>terrorism in the event <strong>of</strong> an emergency or other exigent circumstances.(b) Required employer salary-related contributions for retirement benefits, death benefits,disability salary continuation <strong>and</strong> Social Security for employees whose salaries are paid fromgeneral fund or highway fund revenues, or from department, <strong>of</strong>fice, institutional or agencyreceipts, or from nonstate funds, shall be paid from the same source as the source


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 51<strong>of</strong> the employees' salaries. In those instances in which an employee's salary is paid in part fromthe general fund, or the highway fund, <strong>and</strong> in part from the department, <strong>of</strong>fice, institutional oragency receipts, or from nonstate funds, the required salary-related contributions shall be paidfrom the general fund, or the highway fund, only to the extent <strong>of</strong> the proportionate part paid fromthe general fund, or highway fund, in support <strong>of</strong> the salary <strong>of</strong> such employee, <strong>and</strong> the remainder<strong>of</strong> the employer's contribution requirements shall be paid from the same source which suppliesthe remainder <strong>of</strong> such employee's salary. The requirements <strong>of</strong> this section as to the source <strong>of</strong>payment are also applicable to payments on behalf <strong>of</strong> the employee for hospital-medicalinsurance, longevity payments, salary increments, <strong>and</strong> legislative salary increases. The <strong>State</strong>Controller shall approve the method <strong>of</strong> payment by <strong>State</strong> departments, <strong>of</strong>fices, institutions <strong>and</strong>agencies for employer salary-related requirements <strong>of</strong> this section, <strong>and</strong> determine the applicability<strong>of</strong> the section to an employer's salary-related contribution or payment in behalf <strong>of</strong> an employee.(c) The Director <strong>of</strong> the <strong>Budget</strong> is authorized to provide eligible <strong>of</strong>ficers <strong>and</strong> employees <strong>of</strong> <strong>State</strong>departments, institutions, <strong>and</strong> agencies not covered by the provisions <strong>of</strong> G.S. 116-17.2 a program<strong>of</strong> dependent care assistance as available under Section 129 <strong>and</strong> related sections <strong>of</strong> the InternalRevenue Code <strong>of</strong> 1986, as amended. The Director <strong>of</strong> the <strong>Budget</strong> may authorize <strong>State</strong>departments, institutions, <strong>and</strong> agencies to enter into annual agreements with employees who electto participate in the program to provide for a reduction in salary. With the approval <strong>of</strong> theDirector <strong>of</strong> the <strong>Budget</strong>, savings in the employer's share <strong>of</strong> contributions under the FederalInsurance Contributions Act on account <strong>of</strong> the reduction in salary may be used to pay some or all<strong>of</strong> the administrative expenses <strong>of</strong> the program. Should the Director decide to contract with athird party to administer the terms <strong>and</strong> conditions <strong>of</strong> a program <strong>of</strong> dependent care assistance, hemay select a contractor only upon a thorough <strong>and</strong> completely competitive procurement process.(d) Notwithst<strong>and</strong>ing any other provisions <strong>of</strong> law relating to the salaries <strong>of</strong> <strong>of</strong>ficers <strong>and</strong> employees<strong>of</strong> departments, institutions, <strong>and</strong> agencies <strong>of</strong> <strong>State</strong> government, the Director <strong>of</strong> the <strong>Budget</strong> isauthorized to provide a plan <strong>of</strong> flexible compensation to eligible <strong>of</strong>ficers <strong>and</strong> employees <strong>of</strong> <strong>State</strong>departments, institutions, <strong>and</strong> agencies not covered by the provisions <strong>of</strong> G.S. 116-17.2 forbenefits available under Section 125 <strong>and</strong> related sections <strong>of</strong> the Internal Revenue Code <strong>of</strong> 1986as amended. This plan shall not include those benefits provided to employees <strong>and</strong> <strong>of</strong>ficers underArticle 1A <strong>of</strong> Chapter 120 <strong>of</strong> the General Statutes <strong>and</strong> Articles 1, 3, 4, <strong>and</strong> 6 <strong>of</strong> Chapter 135 <strong>of</strong>the General Statutes nor any vacation leave, sick leave, or any other leave that may be carriedforward from year to year by employees as a form <strong>of</strong> deferred compensation. In providing aplan <strong>of</strong> flexible compensation, the Director <strong>of</strong> the <strong>Budget</strong> may authorize <strong>State</strong> departments,institutions, <strong>and</strong> agencies to enter into agreements with their employees for reductions in thesalaries <strong>of</strong> employees electing to participate in the plan <strong>of</strong> flexible compensation provided by thissection. With the approval <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>, savings in the employer's share <strong>of</strong>contributions under the Federal Insurance Contributions Act on account <strong>of</strong> the reduction insalary may be used to pay some or all <strong>of</strong> the administrative expenses <strong>of</strong> the program. Should theDirector <strong>of</strong> the <strong>Budget</strong> decide to contract with a third party to administer the terms <strong>and</strong>conditions <strong>of</strong> a plan <strong>of</strong> flexible compensation as provided by this section, it may select such acontractor only upon a thorough <strong>and</strong> completely advertised competitive procurement process.(1949, c. 718, s. 5; 1957, c. 269, s. 2; 1961, c. 1181, s. 4; 1979, 2nd Sess., c. 1137, s. 44; 1983(Reg. Sess., 1984), c. 1034, s. 162; 1985 (Reg. Sess., 1986), c. 1024, ss. 22, 23; 1989, c. 458, s.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 524; 1989 (Reg. Sess., 1990), c. 1059, s. 4; 1991, c. 542, s. 7; 1991 (Reg. Sess., 1992), c. 1044, ss.14(a), (e), (i); 1993, c. 561, s. 42; 1993 (Reg. Sess., 1994), c. 769, s. 7.28A; 1997-443, s.33.20(a); 1999-237, s. 28.27(a); 2001-424, s. 32.19A(a); 2001-470, s. 4.)§ 143-34.2. Information as to requests for nonstate funds for projects imposing obligationon <strong>State</strong>; statement <strong>of</strong> participation in contracts, etc., for nonstate funds; limiting clauserequired in certain contracts or grants.All <strong>State</strong> agencies, funds, or state-supported institutions shall submit to the <strong>Office</strong> <strong>of</strong> <strong>State</strong><strong>Budget</strong> <strong>and</strong> <strong>Management</strong>, as <strong>of</strong> the original date there<strong>of</strong>, copies <strong>of</strong> all applications <strong>and</strong> requestsfor nonstate funds, (including federal funds), to be used for any purpose to which this section isapplicable. This section shall be applicable to all projects <strong>and</strong> programs which do or mayimpose upon the <strong>State</strong> <strong>of</strong> North Carolina any substantial financial obligation at the time <strong>of</strong> orsubsequent to the acceptance <strong>of</strong> any funds received upon any such application or request. Every<strong>State</strong> agency, fund or state-supported institution seeking nonstate funds for any such project orprogram shall furnish to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> the Advisory <strong>Budget</strong>Commission with each such copy <strong>of</strong> application or request, a statement <strong>of</strong> the purposes forwhich any such project or program is desired or advocated, the source <strong>and</strong> amount <strong>of</strong> funds to begranted or provided therefor, <strong>and</strong> a statement <strong>of</strong> the conditions, if any, upon which such fundsare to be provided. Prior to approval <strong>of</strong> any such project or program, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong><strong>and</strong> <strong>Management</strong> shall furnish to the Fiscal Research Division <strong>of</strong> the General Assembly a list<strong>of</strong> the projects or purposes <strong>and</strong> the current <strong>and</strong> future financial impact <strong>of</strong> those projects orpurposes.It shall be required <strong>of</strong> all <strong>State</strong> agencies, funds, or state-supported institutions, commissions orregional planning <strong>and</strong> development bodies to submit to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong> a statement <strong>of</strong> participation in any contract, agreement, plan or request for nonstatefunds (including federal funds).Any contract or grant entered into by a <strong>State</strong> board, commission, agency, department orinstitution for the operation <strong>of</strong> a new program by such <strong>State</strong> board, commission, agency,department or institution or for the enrichment <strong>of</strong> an ongoing program <strong>of</strong> such <strong>State</strong> board,commission, agency, department or institution shall include a limiting clause which specificallystates that continuation <strong>of</strong> the contract or grant program with <strong>State</strong> appropriations beyond thecurrent <strong>State</strong> fiscal year is subject to <strong>State</strong> funds being appropriated by the GeneralAssembly specifically for that program.The function <strong>of</strong> the Advisory <strong>Budget</strong> Commission under this section applies only if the Director<strong>of</strong> the <strong>Budget</strong> consults with the Commission in preparation <strong>of</strong> the budget. (1965, c. 1181; 1969,c. 1210; 1977, c. 802, s. 15.25; 1979, 2nd Sess., c. 1137, ss. 37, 45; 1985 (Reg. Sess., 1986), c.955, s. 78; 1997-443, s. 7(c); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-34.3. Repealed by Session Laws 1977, c. 802, s. 15.20.§ 143-34.4: Recodified as § 120-36.6 by Session Laws 1983 (Regular Session 1984), c. 1034,s. 177.1.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 53§ 143-34.5: Repealed by Sessions Laws 1985, c. 479, s. 160.§ 143-34.6. Deposit <strong>of</strong> payroll deductions.Employer <strong>and</strong> employee salary-related contributions <strong>and</strong> deductions for employees whosesalaries were paid from the general fund, Highway Fund, agency receipts, or any combinationthere<strong>of</strong> shall not be withdrawn or transferred except to an account whose cash balance earnsinterest for the general fund or Highway Fund, as provided in G.S. 147-69.1, until payment ismade directly to the ultimate agency or party to whom they are due. (1983, c. 761, s. 27.)§ 143-34.7. Participation by Legislative <strong>Office</strong>rs.The Speaker <strong>and</strong> Speaker Pro Tempore <strong>of</strong> the House <strong>of</strong> Representatives <strong>and</strong> the President ProTempore <strong>and</strong> Majority Leader <strong>of</strong> the Senate may attend all meetings <strong>of</strong> the Advisory <strong>Budget</strong>Commission. (1983 (Reg. Sess., 1984), c. 1034, s. 163.)ARTICLE 1BCapital Improvement Planning Act§ 143-34.40. Definitions.The following definitions apply in this Article:(1) Capital improvement. - The term includes l<strong>and</strong> acquisition, new construction, orrehabilitation <strong>of</strong> existing facilities, <strong>and</strong> repairs <strong>and</strong> renovations.(2) <strong>State</strong> agency. - The term includes the Board <strong>of</strong> Governors <strong>of</strong> The University <strong>of</strong> NorthCarolina. (1997-443, s. 34.9.)§ 143-34.41. Legislative intent; purpose.(a) The General Assembly recognizes the need to establish a comprehensive process for capitalimprovement planning that is fully integrated with <strong>State</strong> financial planning <strong>and</strong> debtmanagement.(b) The capital improvement planning <strong>and</strong> budgeting process shall include the followingelements:(1) An inventory <strong>of</strong> facilities owned by <strong>State</strong> agencies.(2) Criteria used to evaluate capital improvement needs.(3) A six-year capital improvement needs inventory.(4) A six-year capital improvement plan.(c) The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> has responsibility for management <strong>of</strong> the capitalimprovement planning process. The Director <strong>of</strong> the <strong>Budget</strong> may assign to any <strong>State</strong> agency orinstitution such duties <strong>and</strong> responsibilities as may in the Director's judgment be necessary to thesuccessful administration <strong>of</strong> the capital improvement planning process. (1997-443, s. 34.9;2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-34.42. Capital improvement facilities inventory.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 54The Department <strong>of</strong> Administration shall develop <strong>and</strong> maintain an automated inventory <strong>of</strong> allfacilities owned by <strong>State</strong> agencies pursuant to G.S. 143-341(4). The inventory shall include thelocation, occupying agency, ownership, size, description, condition assessment, maintenancerecord, parking <strong>and</strong> employee facilities, <strong>and</strong> other information to determine maintenance needs<strong>and</strong> prepare life-cycle cost evaluations <strong>of</strong> each facility listed in the inventory. The Department<strong>of</strong> Administration shall update <strong>and</strong> publish the inventory at least once every three years. TheDepartment shall also record in the inventory acquisitions <strong>of</strong> new facilities <strong>and</strong> significantchanges in existing facilities as they occur. (1997-443, s. 34.9.)§ 143-34.43. Capital improvement needs criteria.The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> shall develop a weighted list <strong>of</strong> factors that may beused to evaluate the need for capital improvement projects. The list shall include all <strong>of</strong>the following:(1) Preservation <strong>of</strong> existing facilities.(2) Health <strong>and</strong> safety considerations.(3) Operational efficiencies.(4) Increased dem<strong>and</strong> for governmental services.(1997-443, s. 34.9; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-34.44. Agency capital improvement needs estimates.(a) On or before September 1 <strong>of</strong> each even-numbered year, each <strong>State</strong> agency shall submit to the<strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong> to the Division <strong>of</strong> Fiscal Research a six-yearcapital improvement needs estimate. This estimate shall describe the agency's anticipated capitalneeds for each year <strong>of</strong> the six-year planning period. Capital improvement needs estimatesshall be shown in two parts.(b) The first part <strong>of</strong> the capital improvement needs estimates shall include only requirements forrepairs <strong>and</strong> renovations necessary to maintain the existing use <strong>of</strong> existing facilities. Eachproposed repair <strong>and</strong> renovation expenditure shall be justified by reference to the FacilitiesCondition Assessment Program operated by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction.(c) The second part <strong>of</strong> the capital improvement needs estimates shall include only proposals forl<strong>and</strong> acquisition <strong>and</strong> projects involving either construction <strong>of</strong> new facilities or rehabilitation <strong>of</strong>existing facilities to accommodate uses for which the existing facilities were not originallydesigned. Each project included in this part shall be justified by reference to the needsevaluation criteria established by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> pursuant to G.S.143-34.43. (1997-443, s. 34.9; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b).)§ 143-34.45. Six-year capital improvement plan.(a) The <strong>State</strong> capital improvement plan shall address the long-term capital improvement needs <strong>of</strong>all <strong>State</strong> government agencies <strong>and</strong> shall incorporate all capital projects, however financed,proposed to meet those needs, except that transportation infrastructure projects shall beexcluded. On or before December 31 <strong>of</strong> each even-numbered year, the Director <strong>of</strong> the <strong>Budget</strong>shall prepare <strong>and</strong> transmit to the General Assembly a six-year capital improvement plan. Whenpreparing the plan, the Director <strong>of</strong> the <strong>Budget</strong> shall consider the capital improvement needs


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 55estimates submitted by <strong>State</strong> agencies as required in G.S. 143-34.44. The plan shall be preparedin two parts.(b) The first part <strong>of</strong> the capital improvement plan shall set forth repair <strong>and</strong> renovationsrequirements that, in the judgment <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>, must be met to protect <strong>and</strong>preserve existing capital improvement facilities. General Fund expenditure levels anticipated inthis part <strong>of</strong> the plan shall be consistent with the formula establishing the repair <strong>and</strong> renovationreserve in G.S. 143-15.3A.(c) The second part <strong>of</strong> the capital improvement plan shall set forth an integrated schedule forl<strong>and</strong> acquisition, new construction, or rehabilitation <strong>of</strong> existing facilities that, in the judgment <strong>of</strong>the Director <strong>of</strong> the <strong>Budget</strong>, should be initiated within each year <strong>of</strong> the six-year planning period.The plan shall contain an estimated schedule for each project, along with estimates <strong>of</strong> planning,design, <strong>and</strong> construction cost. (1997-443, s. 34.9.)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 56BUDGET DEVELOPMENT INDEXAdvisory <strong>Budget</strong> Commission 63 <strong>Budget</strong> Preparation System manual 66<strong>Budget</strong><strong>Budget</strong> requestbiennial development 58 capital improvement 62capital improvement 60 Continuation 60certified 65 Expansion 62continuationcycle chart6058Constitutional authority for budgetpreparation 57establishing 65 Departmental budget review 60expansion 60 Executive review 63instructions 59 Legislative review 64information technologypreliminary activities6059North Carolina Accounting System(NCAS) 66preparation 60 Revenue estimates 63recommendations report 64 Short session budget development 65<strong>Budget</strong> Preparation System 65 Systems supporting a budget 65Constitutional Authority for <strong>Budget</strong> PreparationsThe North Carolina Constitution (Article III, Sec. 5(3)) requires the Governor to “prepare <strong>and</strong>recommend to the General Assembly a comprehensive budget <strong>of</strong> anticipated revenues <strong>and</strong>proposed expenditures <strong>of</strong> the <strong>State</strong> for the ensuing fiscal period.” The Constitution also statesthat “[t]he budget as enacted by the General Assembly shall be administered by the Governor.The total expenditures <strong>of</strong> the <strong>State</strong> for the fiscal period covered by the budget shall not exceedthe total <strong>of</strong> receipts during that fiscal period <strong>and</strong> the surplus remaining in the <strong>State</strong> Treasury atthe beginning <strong>of</strong> the period."North Carolina's Constitution (Article II, Sec. 11(1)) requires a session <strong>of</strong> the General Assemblyin odd-numbered years. In 1973, the General Assembly began having annual sessions, meetingin short (reconvened) sessions in even-numbered years in order to adjust the biennial budgetenacted during the previous year’s long session.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 57<strong>Budget</strong> CycleSchedule <strong>of</strong> Biennial <strong>Budget</strong> Preparation ProcessEven-Numbered YearsJanuary-MarchAprilMayJuneJulySeptemberAugust-NovemberDecember<strong>Budget</strong> Instructions Initiate Biennial <strong>Budget</strong> Process – <strong>Office</strong> <strong>of</strong><strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> (<strong>OSBM</strong>)Develop Short Session <strong>Budget</strong> Adjustments (Agency)Biennial <strong>Budget</strong> Narratives/Statistics Submitted (Agency)Review <strong>of</strong> Short Session <strong>Budget</strong> Requests (<strong>OSBM</strong>)Prepare Short Session <strong>Budget</strong> Recommendations (<strong>OSBM</strong>)Short Session (General Assembly)• Consideration <strong>of</strong> Governor’s recommended budget bysubcommittees• Special Appropriation Bills• Consideration by Appropriation Committees• Floor Approval, Ratification <strong>of</strong> billsRevised Certification for Second Year <strong>of</strong> Current <strong>Budget</strong> (<strong>OSBM</strong>)Biennial Continuation, Expansion <strong>and</strong> Capital <strong>Budget</strong> RequestsSubmitted (Agency)Review <strong>of</strong> Continuation & Expansion <strong>Budget</strong> Requests (<strong>OSBM</strong>)Biennial Tours (ABC, <strong>OSBM</strong>, Agency)<strong>Budget</strong> Hearings (ABC, <strong>OSBM</strong>, Agency)Biennial <strong>Budget</strong> Recommendations Finalized (Governor, ABC,<strong>OSBM</strong>)Odd-Numbered YearsJanuary or FebruaryJanuary-JuneJuly<strong>Budget</strong> Message (Governor)Regular Session (General Assembly)• Consideration <strong>of</strong> Governor’s recommended budget bysubcommittees• Special Appropriation Bills Introduced• Consideration by Appropriation committees Floor Approval,ratification <strong>of</strong> BillsCertification <strong>of</strong> Biennial <strong>Budget</strong> (<strong>OSBM</strong>)Biennial <strong>Budget</strong> DevelopmentAll departments, bureaus, divisions, boards, commissions, institutions, agencies <strong>of</strong> the staterequesting state funds, are required to submit budget requests for appropriations for both currentoperations <strong>and</strong> capital improvements using such forms, <strong>and</strong> at such times, as the Director <strong>of</strong> the<strong>Budget</strong> shall direct (G.S. 143-6). <strong>Budget</strong> requests are submitted in accordance with detailedbudget instructions that are issued by <strong>OSBM</strong> approximately 12 months prior to the convening <strong>of</strong>each new General Assembly (in the spring <strong>of</strong> even-numbered years). See the above chart fortraditional schedule for submission <strong>of</strong> requests.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 58The first step in the budget preparation process is <strong>OSBM</strong>’s review <strong>of</strong> the budget instructions <strong>and</strong>the schedule <strong>of</strong> completion dates for each component <strong>of</strong> the process. <strong>Budget</strong> instructions detailthe concepts <strong>of</strong> the continuation, expansion, <strong>and</strong> capital budgets as they apply to the biennialbudget under preparation.<strong>Budget</strong> Instructions <strong>and</strong> Preliminary ActivitiesApproximately 12 months before a legislative session, between January <strong>and</strong> March <strong>of</strong> evennumberedyears, <strong>OSBM</strong> issues instructions to state departments <strong>and</strong> institutions for makingbiennial budget requests for all three components <strong>of</strong> the budget - continuation, expansion, <strong>and</strong>capital.These instructions include:• Schedules for submission• Forms to be used• Allowable price <strong>and</strong> inflationary rate increases• Requirements for supporting schedules• Statistics• Narrative justifications• Priority listings<strong>OSBM</strong> also distributes information on:• Demographic trends• Economic trends• Inflationary trends• Implications <strong>of</strong> relevant administrative rulings, court decisions, <strong>and</strong> federal legislationthat may need to be considered in preparing the budget requests.<strong>OSBM</strong> staff study <strong>and</strong> analyze matters that are not exclusively related to the budgets <strong>of</strong>particular departments (salaries, retirement, tax changes, etc.) <strong>and</strong> budget analysts negotiate withdepartmental budget <strong>of</strong>ficers regarding acceptable levels for continuation budgets.Administrative policies <strong>and</strong> procedures may vary from one biennium to the next, so newinstructions are issued for each budget. Some guidelines remain relatively constant, <strong>and</strong> areoutlined below to provide a “rule <strong>of</strong> thumb” for what ordinarily constitutes “continuation” <strong>and</strong>“expansion.” These guidelines may change as the budget process changes.<strong>Budget</strong> InstructionsThe most recent version <strong>of</strong> Instructions for Preparation <strong>of</strong> the Recommended <strong>State</strong> <strong>Budget</strong> <strong>and</strong>the Biennial <strong>State</strong> Plan can be obtained by contacting <strong>OSBM</strong> or by visiting the website athttp://www.osbm.state.nc.us.Departmental <strong>Budget</strong> Review


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 59Departments are encouraged to have each division or unit prepare the initial division-levelbudget for programs they are responsible for operating. This will provide for significant input inthe budget process <strong>and</strong> for justification <strong>of</strong> each program's requests. Departments shouldemphasize:• Identifying areas <strong>of</strong> potential cost savings through productivity increases or programmodifications;• Identifying realignments <strong>of</strong> existing resources;• Identifying alternative levels <strong>of</strong> improved or increased program services; <strong>and</strong>Departments are encouraged to conduct their own internal budget hearings.<strong>Budget</strong> PreparationThe preparation <strong>of</strong> the requested/recommended budget has four major components:• Continuation <strong>Budget</strong>: that provides for the continuing level <strong>of</strong> service <strong>of</strong> existingprograms;• Expansion <strong>Budget</strong>: that provides for expansion <strong>of</strong> existing programs, new programs,<strong>and</strong> salary increases <strong>and</strong>/or benefits for teachers <strong>and</strong> stateemployees;• Capital Improvement <strong>Budget</strong>: that provides for construction <strong>of</strong> new facilities, repair<strong>and</strong> renovations to existing facilities, major equipmentpurchases, l<strong>and</strong> purchases <strong>and</strong> improvements toinfrastructure.• Information Technology <strong>Budget</strong>: that provides for the request <strong>of</strong> informationtechnology <strong>of</strong> $100,000 or greater, <strong>and</strong> a description<strong>of</strong> the request <strong>and</strong> its relationship to the agency’spresent or future Technical Infrastructure.Continuation <strong>Budget</strong> RequestThe continuation budget is prepared jointly by the budget analyst <strong>and</strong> appropriate agencypersonnel. A printout called the “Worksheet I” is the starting point for the development process.This worksheet is generated from the <strong>Budget</strong> Preparation System (BPS). Worksheet I providescolumns for the actual year just ended, the certified <strong>and</strong> authorized for the current year, <strong>and</strong> thenext two years for which budget requests are being prepared. This worksheet includes allpermanent budget revisions changing the current year's budget. The first column, actualexpenditures, is generated from the North Carolina Accounting System (NCAS) files as <strong>of</strong> June30. The analyst <strong>and</strong> agency personnel build on this base <strong>of</strong> information to prepare theappropriate increases <strong>and</strong> decreases which make up the two continuation columns <strong>of</strong> theworksheet, the continuation budget.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 60Increases in the continuation budget over actual expenditures <strong>of</strong> the last fiscal year <strong>and</strong>/or theauthorized or current year’s budget are generally restricted to:• Increases to reflect changes in the enrollment or population currently served by publicschools, prisons, <strong>and</strong> entitlement programs.• Increases <strong>and</strong> adjustments required by law, such as Social Security or retirement rateincrease, longevity costs, <strong>and</strong> premium pay amounts.• Allowable inflationary cost increases are determined by <strong>OSBM</strong> each budget cycle <strong>and</strong>communicated to agencies for application.• Annualization <strong>of</strong> programs begun by legislative action within the current year.• Minimum operating costs for the opening <strong>of</strong> new facilities previously authorized by thelegislature. These costs <strong>and</strong> positions generally are budgeted as a single line reservesupported by documentation.• Documented rate increases in rental contracts for such items as computers, copiers <strong>and</strong>communications equipment, or service <strong>and</strong> maintenance contracts.• Replacement <strong>of</strong> worn out or damaged equipment with comparable equipment.(Equipment with new <strong>and</strong>/or exp<strong>and</strong>ed capabilities would be requested in the expansion).• Adjustments to departmental <strong>and</strong> federal receipts to more realistic levels. Significantsupplanting <strong>of</strong> receipts is normally an expansion budget item.• The continued payments for the purchase <strong>of</strong> computer or communication equipmentbought on an installment basis. (The first appropriation <strong>of</strong> this kind would be budgetedto expansion).• Items budgeted on an irregular basis, such as periodic painting <strong>and</strong> periodic accreditationstudies, for which funds were not provided in the authorized year, but for which funds areneeded in the continuation year. (Irregularly budgeted or nonrecurring items for whichfunds were provided in the authorized year, but are not necessary for the continuationyear, should not be continued).• Replacement <strong>of</strong> motor vehicles owned by a department. (New purchases, that is, thosethat would add to the department’s fleet <strong>and</strong> not simply replace existing motor vehicles,would be requested in expansion.)Decreases should be shown in requirements, receipts, <strong>and</strong> appropriations in the continuationbudget where cost <strong>and</strong> receipts associated with caseloads, enrollments, etc. are expected todecline.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 61Any increase in other line items, such as supplies <strong>and</strong> materials, printing, or travel, is not allowedin the continuation budget except through an approved realignment in the current year.Carryforwards (money carried forward from one budget year to the next, with approval <strong>of</strong><strong>OSBM</strong>) are reflected as expenditures in the actual year, represented in the appropriate line itemfor the budget document presentation, <strong>and</strong> are not reflected in the current year in the continuationbudget.“Nonrecurring” expenditures approved for the current year are not included in the continuationrequest as in the case <strong>of</strong> special bills not intended to be <strong>of</strong> a continuing nature.The agency’s requests should be submitted to <strong>OSBM</strong> in accordance with the schedule includedin the budget instructions.Expansion <strong>Budget</strong> RequestGenerally, the expansion budget refers to the establishment <strong>of</strong> new <strong>and</strong>/or pilot programs <strong>and</strong> theexpansion <strong>of</strong> existing programs <strong>and</strong> salary increases <strong>and</strong>/or benefits for teachers <strong>and</strong> stateemployees. The expansion request also may include:• <strong>State</strong> funding <strong>of</strong> programs previously supported by nonstate funds (such as expiredfederal grants).• Increases to support additional persons being served by a state program <strong>and</strong>/or higher percapita cost to provide that service.• Major (nonrecurring) equipment (other than replacement).The expansion budget is prepared by the agency on a form called the “Worksheet II.”Capital Improvement RequestCapital budget requests (Worksheet III) are for:• Renovations• Major repairs <strong>and</strong> maintenance to existing facilities• Walks <strong>and</strong> road improvements• New construction• L<strong>and</strong> purchases• Americans With Disabilities Act (ADA) improvements• Life safety code compliance• Asbestos <strong>and</strong> lead paint removalOne-time major equipment purchases are to be requested in the expansion operating budget(Worksheet II). Any renovations or repairs in excess <strong>of</strong> $100,000, <strong>and</strong> all new construction,should be requested through the Capital Improvement budget.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 62Requests for capital improvements are to be submitted to <strong>OSBM</strong> using such forms, <strong>and</strong> at suchtimes, as the Director <strong>of</strong> the <strong>Budget</strong> shall direct. General Statute 143-6(b) specifies: “[a]nydepartment, bureau, division, <strong>of</strong>ficer, board, commission, institution, or other <strong>State</strong> agency orundertaking desiring to request financial aid from the <strong>State</strong> for the purpose <strong>of</strong> constructing orrenovating any <strong>State</strong> building, utility, or other property development (except a railroad, highway,or bridge structure) shall, before making any such request for <strong>State</strong> financial aid, submit to theDepartment <strong>of</strong> Administration a statement <strong>of</strong> its needs in terms <strong>of</strong> space <strong>and</strong> other physicalrequirements, <strong>and</strong> shall furnish the Department with such additional information as it mayrequest. The Department <strong>of</strong> Administration shall then review the statement <strong>of</strong> needs submittedby the requesting department, bureau, division, <strong>of</strong>ficer, board, commission, institution, or other<strong>State</strong> agency or undertaking <strong>and</strong> perform additional analysis, as necessary, to comply with G.S.143-341.”Advisory <strong>Budget</strong> Commission Tours <strong>and</strong> ReviewThe Advisory <strong>Budget</strong> Commission is a fifteen-member commission consisting <strong>of</strong>:• Five appointees <strong>of</strong> the Governor.• Five appointees <strong>of</strong> the President <strong>of</strong> the Senate.• Five appointees <strong>of</strong> the Speaker <strong>of</strong> the House, including the Appropriation <strong>and</strong> FinanceChairpersons.The Governor may consult with the Advisory <strong>Budget</strong> Commission on various budget-relatedmatters including the preparation <strong>of</strong> the biennial state budget. In the fall <strong>of</strong> the even-numberedyears, the Advisory <strong>Budget</strong> Commission may tour state facilities to inspect specific capitalneeds. Also, the Governor may hold a public hearing for department heads <strong>and</strong> other interestedpersons to present <strong>and</strong> justify their biennial budget requests to the Governor <strong>and</strong> theCommission.Revenue EstimatesBefore making final budget recommendations, <strong>OSBM</strong> prepares a forecast <strong>of</strong> state tax <strong>and</strong> nontaxrevenues on the basis <strong>of</strong> varying economic assumptions <strong>and</strong> submits these to the Governor.These revenue figures determine the amount <strong>of</strong> funds available for state programs, salaryincreases, capital improvements, tax reductions, etc. The economic forecast <strong>and</strong> revenueestimates are reviewed quarterly. A consensus forecast with the General Assembly’s FiscalResearch Division is done in December on the even-numbered years <strong>and</strong> in April on the oddnumberedyears.Executive ReviewExecutive review <strong>of</strong> the budget begins after a department/agency or institution submits itscontinuation, expansion <strong>and</strong> capital improvement budget requests to <strong>OSBM</strong> in the early fall <strong>of</strong>the even-numbered years. <strong>OSBM</strong> staff studies the requests, raises questions or concerns withagencies, <strong>and</strong> then makes the necessary changes. <strong>Budget</strong> requests are then forwarded to theGovernor for review. The Governor may meet with senior departmental managers, <strong>OSBM</strong> staff,<strong>and</strong> the Advisory <strong>Budget</strong> Commission during this process. At these meetings, economic <strong>and</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 63revenue forecasts are finalized <strong>and</strong> the Governor makes final decisions as to all four components<strong>of</strong> the budget (continuation, expansion, <strong>and</strong> capital improvement, <strong>and</strong> IT).<strong>Budget</strong> Recommendations ReportIf the Governor chooses to consult with the Advisory <strong>Budget</strong> Commission, there are twopossible, but separate, ways the budget recommendations may be reported (G.S. 143-11). If thetwo agree with each other on budget recommendations, the Governor has the budget printed,includes a unified report as part <strong>of</strong> the budget document, <strong>and</strong> submits the budget to the GeneralAssembly. If the two disagree, the Governor prepares the proposed budget on the basis <strong>of</strong> hisown conclusions. The Executive <strong>Budget</strong> Act allows any statements <strong>of</strong> disagreement by theCommission, or any <strong>of</strong> its members, to be submitted to the General Assembly. (G.S. 143.12)Legislative ReviewThe legislative review <strong>of</strong> the Governor’s Recommended <strong>Budget</strong> does not begin until it has beenformally presented along with the budget message during the opening days <strong>of</strong> the GeneralAssembly’s session in the winter <strong>of</strong> the odd-numbered years. The Recommended <strong>Budget</strong>document is available to the public at that time. Once the budget is presented, it is traditionallysubdivided according to the General Assembly’s appropriations committee structure for bothHouse <strong>and</strong> Senate. Each subcommittee reviews its appropriate a portion <strong>of</strong> the budget. House<strong>and</strong> Senate committees may meet separately or jointly during the appropriation process.Committees commenced during previous sessions include:• Education• Natural <strong>and</strong> Economic Resources• Justice <strong>and</strong> Public Safety• General Government• Capital Improvements• Transportation• Health <strong>and</strong> Human Services• Information TechnologyThere is also a Finance Committee responsible for developing the financing for the state’sprograms.The Finance Committees <strong>and</strong> Appropriations Committees work together to come up with thefinal appropriations package. Traditionally the legislature reviews the portions <strong>of</strong> the budgetseparately in the following order: Continuation, Expansion, Capital Improvement, IT, <strong>and</strong> ifnecessary, there will be a “Clean-up Bill.” The final appropriation package is based on therecommended budget plus adjustments (increases or decreases) approved by the GeneralAssembly. The appropriation package is presented in appropriation bill(s) to the House <strong>and</strong>Senate. If the House <strong>and</strong> Senate adopt different versions <strong>of</strong> the appropriation bill a conferencecommittee is appointed to negotiate the differences. The revised appropriation bill is thenpresented to the House <strong>and</strong> Senate for ratification. The ratified bill is forwarded to the Governorwho may sign or veto the bill.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 64Certified <strong>Budget</strong>The ratified budget is certified to each agency by <strong>OSBM</strong>. The Certified <strong>Budget</strong> is prepared onthe <strong>Budget</strong> Preparation System (BPS) <strong>and</strong> will be issued to the agency for the operating budget,a Certified <strong>Budget</strong> (BD 307), or for the capital budget, a Capital Improvement Certified <strong>Budget</strong>(BD 306). Information from the <strong>Budget</strong> Preparation System is transferred automatically to theNorth Carolina Accounting System (NCAS). <strong>OSBM</strong> will provide information to the <strong>Office</strong> <strong>of</strong>the <strong>State</strong> Controller <strong>and</strong> the Department <strong>of</strong> the <strong>State</strong> Treasurer to establish appropriationaccounts.Establishing a <strong>Budget</strong>A budget is established by authorization <strong>of</strong>:• General Assembly• <strong>OSBM</strong>• And/or by grant awards from federal, local, state or private agenciesBefore a budget is established, <strong>OSBM</strong>, in conjunction with the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller,must authorize <strong>and</strong> validate both the budget code <strong>and</strong>/or the center(s). For additionalinformation see the information regarding the Establishment <strong>of</strong> a <strong>Budget</strong> Code/Center in the<strong>Budget</strong> Execution Section.Short Session <strong>Budget</strong> DevelopmentThe General Assembly has a short session prior to the beginning <strong>of</strong> the second year <strong>of</strong> thebiennium. The Short Session <strong>Budget</strong> adjustments are generally, but not always, limited toadjustments <strong>of</strong> the biennial budget for operating requirements <strong>of</strong> programs such as increases toreflect changes in the enrollment or population currently served by public schools, prisons <strong>and</strong>entitlement programs. Adjustments are made to program requirements <strong>and</strong> financial supportbased on a new economic <strong>and</strong> inflationary analysis.Administrative policies <strong>and</strong> procedures for operating, capital, <strong>and</strong> IT requests may vary from onefiscal year to the next, therefore, new instructions are issued for each short session. Forms <strong>and</strong>procedures for the short session request may also vary.Systems Supporting the <strong>Budget</strong><strong>Budget</strong> Preparation SystemThe <strong>Budget</strong> Preparation System (BPS) has been designed to provide the various userdepartments with computerized procedures to develop their budget requests for the Legislature.There are several purposes for the system:• Assist the various state departments, institutions, agencies, <strong>and</strong> <strong>OSBM</strong> in eliminatingmost <strong>of</strong> the clerical effort <strong>of</strong> typing, pro<strong>of</strong>ing, summarizing, etc.• Provide total <strong>and</strong> summary information for each department.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 65• Create an automated file for certification once the budget is approved.BPS includes financial, narrative, <strong>and</strong> statistical data. BPS uses a concept <strong>of</strong> developing amaster file <strong>of</strong> budget request data <strong>and</strong> summarizing <strong>and</strong> reporting the data according to thevarious requirements <strong>of</strong> the agencies <strong>and</strong> <strong>OSBM</strong>. Narrative <strong>and</strong> statistical data are contained inseparate files for use in printing the recommended budgets.“The Executive <strong>Budget</strong> Act” (Chapter 143, Article 1 <strong>of</strong> North Carolina General Statutes) vestscertain powers <strong>and</strong> responsibilities in the Governor (as Director <strong>of</strong> the <strong>Budget</strong>), the Advisory<strong>Budget</strong> Commission, the General Assembly, <strong>and</strong> state agencies concerning the budget process,the Act describes in detail the functions to be performed by each authority. This delegation <strong>of</strong>authority provides the procedure for budget preparation <strong>and</strong> certification.Detailed budget instructions are provided to agencies by <strong>OSBM</strong> for each biennium <strong>and</strong> include:• Formulas to be used• Economic assumptions• <strong>Budget</strong> guidelines• Other data for program plans <strong>and</strong> budget requests.Agencies must follow the budget instructions <strong>and</strong> seek guidance from <strong>OSBM</strong> in the budgetpreparation. The BPS has been designed to computerize the budget process in accordance with<strong>OSBM</strong>'s detailed instructions.<strong>Budget</strong> Preparation System <strong>Manual</strong>This link (http://www.osbm.state.nc.us/files/pdf_files/bps_manual.pdf) has the most recentversion <strong>of</strong> the manual or it can be obtained by contacting <strong>OSBM</strong>.North Carolina Accounting System (NCAS)General Statute 143B-426.39 assigns the responsibility for approving both new accountingsystems <strong>and</strong> changes in existing systems to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller. The North CarolinaAccounting System (NCAS) is an accounting system that facilitates internal control over fiscaloperations <strong>and</strong> provides a structure for recording accounting data for the purpose <strong>of</strong> preparingst<strong>and</strong>ardized <strong>and</strong> meaningful financial statements <strong>and</strong> reports. NCAS accommodates variousmanagement reporting requirements, including budget requirements.NCAS is a comprehensive accounting system having many types <strong>of</strong> accounting classificationsfor various financial reporting requirements. The diversity <strong>of</strong> the accounting functions withinthe department dictates how many classifications are used. These various classifications are theheart <strong>of</strong> the system <strong>and</strong> allow for the posting <strong>of</strong> accounting transactions for later retrieval <strong>and</strong>reporting.The use <strong>of</strong> a uniform chart <strong>of</strong> accounts makes it possible to summarize budget <strong>and</strong> expendituredata <strong>and</strong> determine the total dollars budgeted <strong>and</strong> expended in the North Carolina state budget.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 66Equally as important as the actual accumulation <strong>of</strong> dollar amounts is the common terminologythat the chart produces. By defining the various expenditure <strong>and</strong> revenue objects, it is easier toresove questions that may arise regarding what an object includes. Thus it is easier <strong>and</strong> moremeaningful to make comparisons between agencies.The <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller has prepared the North Carolina Accounting InformationGuide that describes how to record transactions <strong>and</strong> develop reports.The NCAS Information Guide is available on-line.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 67BUDGET EXECUTION INDEXAdministrative Procedures Act 106 Contingency <strong>and</strong> Emergency Fund 100Agency procedures transferring clearproceeds <strong>of</strong> fines, forfeitures, <strong>and</strong>penalties to <strong>OSBM</strong> 125Cost allocation/indirect cost policyDisbursing accounts with <strong>State</strong>Treasurer101125Agency submission to <strong>OSBM</strong>:annual reportguidelines for preparing fiscal notes114108Establishing a positionEstablishment <strong>of</strong> a center (fund)Expenditure accounts808271procedures for: Federal fund budgeting 100responding to agency submissionsstate <strong>and</strong> local fiscal notes112108Fund typesInstitutional budgeting-University69120substantial economic impact fiscalnotesIntrastate fundsLapsed salary revisionsMerit salary increment funds109Allotments122Authorization for budget adjustments 72 Monthly budget reports124Authorized budget - defined69 Non-state funds103<strong>Budget</strong> codes69 OAH-fiscal notes114<strong>Budget</strong> code center82 Position control80<strong>Budget</strong> execution68 Receipts budgeting80<strong>Budget</strong> procedures for h<strong>and</strong>ling Refund <strong>of</strong> expenditure81transfers between block grants 102 Refund <strong>of</strong> receipts82<strong>Budget</strong> revisions 72 Requisition for funds 125<strong>Budget</strong> structure:Revenue accounts71accounts 71 Salary Control System79funds69 Salary fund changes requiringCalendar for reporting requirements 119 <strong>OSBM</strong> approval 78Capital improvement budget 60 Salary reserve revisions 79Certified budget - defined69 Schedule <strong>of</strong> anticipated rule actions 117Change to an existing center (fund) 87 Special appropriation103Community Resource InformationSpecial fund budget codes124System (CRIS) 118 Summary report114<strong>Budget</strong> ExecutionAfter the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> issues a certified budget at the beginning <strong>of</strong>each fiscal year, <strong>OSBM</strong> <strong>and</strong> departments begin adjusting the budget for changes that haveoccurred during the development <strong>of</strong> the budget, changes authorized by the General Assembly,<strong>and</strong> changes delegated to the Governor under his authority as Director <strong>of</strong> the <strong>Budget</strong>.G.S. 143-23 outlines the appropriate circumstances <strong>and</strong> methods by which a department oragency may, upon approval <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>, exceed the appropriated amount for aline item. Additionally, this statute details the limits placed on how an agency or departmentmay use funds appropriated for salaries <strong>and</strong> wages.1037880


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 68Definitions <strong>of</strong> <strong>Budget</strong>sCertified <strong>Budget</strong>The budget prepared by <strong>OSBM</strong> is based on the Governor’s recommended budget plusadjustments approved by the General Assembly. Issuance <strong>of</strong> the certified budget to each agencyconstitutes the <strong>of</strong>ficial budget for that agency.Authorized <strong>Budget</strong>The authorized budget is composed <strong>of</strong> the certified budget plus adjustments approved by <strong>OSBM</strong>.This is the working budget <strong>and</strong> is reflected on the Monthly <strong>Budget</strong> Report (BD 701).The Total <strong>State</strong> <strong>Budget</strong> Consists <strong>of</strong> the Following:General FundsThe general fund is made up <strong>of</strong> tax revenues (non-transportation) such as sales tax, individualincome tax, corporate tax, insurance premium tax, <strong>and</strong> franchise tax. In addition, the generalfund includes non-tax revenues such as income from the treasurer’s investments, fees receivedfrom the court system, miscellaneous fees charged for state services, <strong>and</strong> transfers from thehighway fund <strong>and</strong> the highway trust fund.Highway FundsThe highway fund/highway trust fund is comprised <strong>of</strong> revenues from transportation-relatedactivities. Generally, these revenues do not respond to inflationary changes as do the generalfund revenues. Highway fund revenues include the highway related motor fuel tax, motorvehicle tax, motor vehicle registration fees, driver’s license fees, <strong>and</strong> non-tax revenues such asincome from the treasurer’s investments.Federal FundsFederal funds received directly by the state support programs such as: Medicaid, TemporaryAssistance to Needy Families, Elementary <strong>and</strong> Secondary Education, highway construction, LowIncome Energy Assistance Block Grant, Community Development Block Grant, Social ServicesBlock Grant, Child Nutrition in Public Schools, Child Care <strong>and</strong> Development Fund (CCDF),Public Health block grants, <strong>and</strong> WIC (Women, Infants <strong>and</strong> Children) Nutrition Program.Other FundsOther funds come from a variety <strong>of</strong> activities <strong>and</strong> sources such as the wildlife fund, universitytuition <strong>and</strong> fees, motor pools <strong>and</strong> general services, state fair, prison enterprises, regulatoryagencies, patient fees, gifts, <strong>and</strong> grants.Structure <strong>of</strong> the <strong>Budget</strong><strong>Budget</strong> Codes<strong>OSBM</strong> assigns a five-digit number (budget code) for budgetary reporting. This budget codeidentifies major fund types <strong>and</strong> the responsible entity for reporting. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong><strong>and</strong> <strong>Management</strong> may consult with the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller to determine the properfund type for compliance with accounting practices. <strong>OSBM</strong> will notify the <strong>Office</strong> <strong>of</strong> the <strong>State</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 69Controller, the Department <strong>of</strong> the <strong>State</strong> Treasurer, <strong>and</strong> the Department <strong>of</strong> the <strong>State</strong> Auditor whena new budget code is authorized.<strong>Budget</strong> Codes are established for the following fund types:0XXXX Institutional Funds RevenueTo account for those funds maintained outside the <strong>State</strong> <strong>Budget</strong>ary system, either in a specialtrust funds with the <strong>State</strong> Treasurer or in a private bank.1XXXX General FundTo account for all financial transactions appropriated by the General Assembly from Tax <strong>and</strong>Non-tax Revenue (non-transportation) <strong>and</strong> all financial transactions not properly accounted forin another fund.2XXXX Special FundsTo account for the proceeds <strong>of</strong> specific revenue sources or finance specific activities as requiredby law or administration regulation. The code may be established as an interest bearing code ornon-interest bearing code.3XXXX Federal FundsTo account for all monies received directly from federal sources, except certain federal purchaseorders. Funds are first deposited to the federal fund code then transferred to the appropriateoperating code.4XXXX Capital Project FundsTo account for the receipt <strong>and</strong> disbursement <strong>of</strong> monies used for the acquisition <strong>of</strong> capitalfacilities.5XXXX Enterprise FundsTo account for the financing <strong>of</strong> services to the general public where all or most <strong>of</strong> the costinvolved is paid in the form <strong>of</strong> charges by the users <strong>of</strong> such services.6XXXX Trust <strong>and</strong> Agency FundsTo account for assets held by a governmental unit as trustees or agent for individuals, privateorganizations, <strong>and</strong> other governmental units. The code may be established as an interest bearingcode or non-interest bearing code.7XXXX Service FundsTo account for the administration <strong>and</strong> financing <strong>of</strong> goods <strong>and</strong> services furnished by a designatedagency <strong>of</strong> a governmental unit to other departments, generally <strong>of</strong> the same governmental unit.8XXXX Highway FundsTo account for the proceeds <strong>of</strong> highway fuel taxes <strong>and</strong> highway use taxes <strong>and</strong> the disbursementin accordance with the applicable law.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 709XXXX Debt Service FundTo account for the payment <strong>of</strong> principal <strong>and</strong> interest currently due on bonds.Fund (Purpose) NumberThe fund/purpose is the first four positions <strong>of</strong> the center number. The fund/purpose describes anorganizational or operating unit for budget presentation <strong>and</strong> reporting.Accounts NumbersThe account number describes the purpose <strong>of</strong> an expenditure, the type <strong>of</strong> revenues received, <strong>and</strong>the balance sheet accounts required for Generally Accepted Accounting Practices (GAAP).Expenditure AccountsThe following major account groups for expenditure/object <strong>of</strong> expenditure/line item (53 XXXX)are recognized:• 1XXX - 21XX: personal services (salaries <strong>and</strong> benefits), contracted services• 22XX - 29XX: purchased services• 3XXX: current obligations, services (travel, repairs <strong>and</strong> maintenance), <strong>and</strong> supplies• 4XXX: fixed charges <strong>and</strong> other expenses (service <strong>and</strong> maintenance contracts) property,plant, <strong>and</strong> equipment• 5XXX: other expenses <strong>and</strong> adjustments• 6XXX: contracts, grants, subsidies, state aid <strong>and</strong> allocations, aid <strong>and</strong> public assistance• 7XXX: reserves• 8XXX: transfers (intra <strong>and</strong> inter), refunds, <strong>and</strong> non-operating intra-governmentaltransactionsRevenue AccountsThe following major accounts for revenue/object <strong>of</strong> receipt/line item (43 XXXX) are recognized:• 1XXX: tax revenues• 2XXX: grants (federal grants/appropriations, county, state provider match)• 3XXX: investment income (interest)• 4XXX: sales, service <strong>and</strong> rentals


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 71• 5XXX: fees, licenses, <strong>and</strong> fines• 6XXX: contributions <strong>and</strong> donations• 7XXX: miscellaneous• 8XXX: intra-governmental transactionsAuthorizations for <strong>Budget</strong> AdjustmentsGeneral Statute 143 places legal restrictions on the revision <strong>of</strong> departmental budgets. When thebudget is certified on Form BD 307, the agency must set up a certified <strong>and</strong> an identicalauthorized budget.<strong>Budget</strong> Revision Process<strong>Budget</strong> revisions (BD 606) are submitted to <strong>OSBM</strong> through the automated <strong>Budget</strong> RevisionSystem (BRS) developed by <strong>OSBM</strong>. Agencies must use this system to process any revisions totheir certified or authorized budgets. Any agency that does not have access to the automatedsystem must consult with the <strong>OSBM</strong> budget analyst assigned to their agency. The process <strong>and</strong>procedures necessary to utilize the budget revision system have been incorporated into anoperator’s manual developed by <strong>OSBM</strong> <strong>and</strong> is available online at the <strong>OSBM</strong> website. Anyquestions regarding this manual should be addressed to <strong>OSBM</strong>’s Applications Analyst ProgramSpecialist at (919) 733-7061. <strong>OSBM</strong> reviews <strong>and</strong> approves budget revisions that require anapproval level outside the agency.Requests by agencies to <strong>OSBM</strong> for budget revision approval must include at a minimum thefollowing items:• The effective date, budget revision number, subject <strong>of</strong> the revision request, budget codenumber, date submitted, fiscal adjustment requested, <strong>and</strong> a short concise explanation<strong>and</strong>/or justification. All amounts must be rounded to the next whole dollar.• Sequential numbering, by budget code <strong>and</strong> biennium, in three series: one beginning110001 for revisions to the certified budget; one beginning 120001 for revisions to theauthorized budget; <strong>and</strong> one beginning 140001 for budget revisions that can be approvedinternally by the agency. The numbered revisions continue consecutively through thebiennium.• A fund <strong>and</strong> title for both requirements <strong>and</strong> receipts.• Be arranged in fund order for requirements <strong>and</strong> receipts. Within each fund the objects <strong>of</strong>expenditure <strong>and</strong> object <strong>of</strong> receipts must be in account number order.• Be able to pass a common-sense test by combining several small changes into a singlerequest.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 72• Adjust requirements, receipts, <strong>and</strong> appropriations for both years <strong>of</strong> the biennium whenappropriate.• Provide full <strong>and</strong> complete explanations <strong>and</strong> justifications as appropriate.An example <strong>of</strong> a budget revision (BD 606) is in the “Revising the Authorized <strong>Budget</strong>” sectionbelow.Changes to Expend All Available Funds<strong>Budget</strong> revisions are not allowed for the sole purpose <strong>of</strong> making it possible to expend all receipts<strong>and</strong> appropriations.Timeline for <strong>Budget</strong> Revision Approval<strong>Budget</strong> revisions must be requested <strong>and</strong> approved prior to any commitment being made thatwould exceed the amount budgeted. <strong>OSBM</strong> will not consider any commitments as a determinantin the review <strong>of</strong> budget revisions.Two-Year Revisions<strong>Budget</strong> revisions, <strong>of</strong> a continuing nature, in the first year <strong>of</strong> a biennium should be prepared forboth years. The two-year revision procedure applies to most position actions, adjustment <strong>of</strong>salary funds (excluding lapsed salaries), <strong>and</strong> some non-salary revisions.Repeat Revisions<strong>Budget</strong> revisions that continue actions from the first year to the second year <strong>of</strong> a biennium, orcontinuation actions from the second year to a new biennium, are called repeat revisions. Repeatrevisions are <strong>of</strong> a continuing nature <strong>and</strong> apply to most position actions, permanent salaryadjustments, <strong>and</strong> several other expenditure or receipt accounts.NOTE: Departments <strong>and</strong> agencies should review all revisions annually to insure that revisionsare repeated or included in the development <strong>of</strong> the continuation budget as needed. See the<strong>Budget</strong> Revision <strong>Manual</strong>, the <strong>Budget</strong> Preparation <strong>Manual</strong> <strong>and</strong> <strong>Budget</strong> Instructions for additionalinformation or for assistance provided through the <strong>Budget</strong> Preparation System.Revisions for <strong>Budget</strong>ed Codes<strong>Budget</strong> revisions must be submitted for all “budgeted codes” <strong>and</strong> approved by <strong>OSBM</strong> unlessauthorized under “internal budget revision” procedures. A “budgeted” code is defined as a codethat is presented to the General Assembly in the Governor’s Recommended <strong>Budget</strong> <strong>and</strong> certifiedby <strong>OSBM</strong>.Revisions for “Unbudgeted” Codes<strong>Budget</strong> requests for “unbudgeted” special fund codes generally do not require <strong>OSBM</strong>’s approval(excluding establishment <strong>of</strong> positions). However, departments must continue to:• Maintain budgets.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 73• Process internal BD 606s (type “14”).• Use the monthly report on the budget (BD 701) showing the certified, authorized, <strong>and</strong>actual expenditure columns.• Submit requests to establish new positions to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>for approval.Note: <strong>State</strong> funds appropriated for continuing grant-in-aid programs may not be changed tooperating line items unless allowed by the law controlling the grant.Revising the Certified <strong>Budget</strong>In order that it reflect the actions <strong>of</strong> the General Assembly, revisions may be made in thecertified budget <strong>of</strong> a budget code for the following reasons only:• Distribution to agencies from statewide reserves appropriated by the General Assembly;• Distribution <strong>of</strong> reserves appropriated to a specific agency by the General Assembly;• Organizational or budget changes directed by the General Assembly but left to theExecutive Branch to carry out;• <strong>Budget</strong>ing <strong>of</strong> unanticipated gifts or grants, as these are excluded from the restrictions <strong>of</strong>the law;• Adjustments to existing federal grant programs.Request for revision in the certified budget for any <strong>of</strong> these reasons must be submitted to <strong>OSBM</strong>through the <strong>Budget</strong> Revision System. All revisions to the certified budget are identified by thesix-digit budget revision number beginning with “11” <strong>and</strong> numbered consecutively for eachbudget code beginning July 1 <strong>of</strong> the first year <strong>of</strong> each biennium (as 110001, 110002, etc.). Allbudget revisions changing the certified budget also change the authorized budget.Revising the Authorized <strong>Budget</strong>The General Statutes allows the certified budget to be over-expended in some circumstances. Inthese cases, the certified budget is not changed, but the authorized budget is revised through thebudget revision process. <strong>Budget</strong> revisions are processed to adjust the authorized budget to meetchanging requirements that cannot be shown in the certified budget.Some <strong>of</strong> the changes in the authorized budget must be approved by <strong>OSBM</strong>. Those revisions (BD606) are identified with a six-digit number beginning with “12.” Other revisions may be madeby a revision (BD 606) processed internally by the department; these are numbered beginningwith “14.” The distinction between these will be outlined below. Type “12” <strong>and</strong> “14” revisionschange the authorized budget, but do not change the certified budget.Revision in the authorized budget is permitted when it is:• In a purpose or program (fund) in which the total amount spent is no more than wasappropriated (certified) from all sources for the purpose or program for the fiscal year;


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 74• In a purpose or program, without consultation with the Joint Legislative Commission onGovernmental Operations; <strong>and</strong> if the over-expenditure <strong>of</strong> the purpose or program is:• Required by a court, Industrial Commission, or administrative hearing <strong>of</strong>ficer’sorder.• Required to respond to an unanticipated disaster such as a fire, hurricane, ortornado.• Required to call out the National Guard.• In a purpose or program, after consultation with the Joint Legislative Commission onGovernmental Operations in accordance with G.S. 120-76(8), <strong>and</strong> only if:• the over-expenditure is required to continue the purpose or program due tocomplications or changes in circumstances that could not have been foreseenwhen the budget for the fiscal period was enacted.• the scope <strong>of</strong> the purpose or program is not increased.The consultation is required as follows:• For a purpose or program with a certified budget <strong>of</strong> up to five million dollars($5,000,000), consultation is required when the authorization <strong>of</strong> the over-expenditureexceeds ten percent (10%) <strong>of</strong> the certified budget.• For a purpose or program with a certified budget <strong>of</strong> from five million dollars up to twentymillion dollars ($5,000,000 - $20,000,000), consultation is required when theauthorization for over-expenditure exceeds five hundred thous<strong>and</strong> dollars ($500,000) orseven <strong>and</strong> one-half percent (7.5%) <strong>of</strong> the certified budget, whichever is greater.• For a purpose or program with a certified budget <strong>of</strong> twenty million dollars ($20,000,000)or more, consultation is required when the authorization <strong>of</strong> the over-expenditure exceeds$1,500,000 or five percent (5%) <strong>of</strong> the certified budget, whichever is greater.• For a purpose or program supported by federal funds or when expenditures are requiredby a court, Industrial Commission, or administrative hearing <strong>of</strong>ficer’s order; to respond toan unanticipated disaster such as a fire, hurricane, or tornado; or to call out the NationalGuard.If the Joint Legislative Commission on Governmental Operations does not meet for more thanthirty (30) days, the Director <strong>of</strong> the <strong>Budget</strong> may satisfy the requirements to report to or consultwith the Commission by reporting to or consulting with a joint meeting <strong>of</strong> the Chairs <strong>of</strong> theAppropriation Committees <strong>of</strong> the Senate <strong>and</strong> the House <strong>of</strong> Representatives.Some situations in which the authorized budget would be revised, with a type “12” budgetrevision (BD 606), would be:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 75• Repeating a prior year revision in the authorized budget.• <strong>Budget</strong>ing additional receipts (other than unanticipated gifts <strong>and</strong> grants) to continue thesame level <strong>of</strong> service but not to increase the scope <strong>of</strong> a program.• Other changes between <strong>and</strong> within funds approved by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong>.An example <strong>of</strong> an adjustment between funds which must meet one <strong>of</strong> the criteria listed above toreceive approval is as follows:<strong>State</strong> <strong>of</strong> North CarolinaDENRBD 606 NO. 12 XXXXTITLE Code 14200Submitted: 7/24/02 Approved: 7/26/02 Fiscal Year 2002-03StatusREQUIREMENTS Increase DecreaseGeological Survey1620-3110 General <strong>Office</strong> Supplies $500L<strong>and</strong> Quality1630-3720 Educational Supplies $500 ____TOTAL REQUIREMENTS $ 0 $ 0Internal budget revisionsAgencies may make changes within the authorized budget <strong>of</strong> each fund/purpose between <strong>and</strong>among expenditure account object classes 22XX to 5XXX without approval <strong>of</strong> <strong>OSBM</strong>. Theserevisions are assigned to a series beginning 140001 <strong>and</strong> continue sequentially through thebiennium. This authorization does not include changes between appropriation supported <strong>and</strong>receipt supported line items or increases in budgeted receipts in the general fund or “budgeted”codes. All internal adjustments must be made by an internal authorization document (type “14”BD 606) maintained for accounting <strong>and</strong> auditing purposes. The <strong>Budget</strong> Revision System mustbe used for internal revisions. Revisions must be made prior to line items going into overdraft.Actual expenditures are to be recorded <strong>and</strong> reported according to account numbers designated inthe North Carolina Accounting System at the appropriate expenditure account number level.Actual receipts are to be recorded <strong>and</strong> reported according to account numbers designated in theNorth Carolina Accounting System at the appropriate receipt account number level.An example <strong>of</strong> a revision within a fund that may be processed internally is as follows:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 76<strong>State</strong> <strong>of</strong> North CarolinaDENRBD 606 NO. 14 XXXXTITLE Code 14200Submitted: 7/24/02 Approved: 7/26/02 Fiscal Year 2002-03StatusREQUIREMENTS Increase DecreaseGeological Survey1620-53 2840 Postage, Freight <strong>and</strong> Deliveries $5001620-53 3190 Other Administrative Supplies ____ $500TOTAL REQUIREMENTS $-0- $-0-Internal <strong>Budget</strong> Revisions within Expenditure Account Numbers 1XXX, 522X <strong>and</strong> 524XIn addition, within the 1XXX, 522X, <strong>and</strong> 524X expenditure account number classification,agencies are authorized within a fund/purpose to over-expend the certified line items listedbelow without prior approval <strong>of</strong> <strong>OSBM</strong> (type “14” BD 606) provided:1) sufficient funds are available on an annual basis in these object classifications in theentire budget code; <strong>and</strong>2) general or highway funds are not directly or indirectly used to pay for receipt-supportedactivity requirements. Agencies are also authorized to move lapsed salary funds into thefollowing line items through a type “14” BD 606.The certified line items are:o Longevity Payo Social Security Contributionso Retirement Contributionso Medical Insurance Contributionso Worker’s Compensation Paymentso Unemployment Compensation Paymentso Overtime Payo Shift Premium Payo Employee Awardso Medical Claims Paymento Holiday Premium Payo Call Back/St<strong>and</strong>by Premiumso Long Term Disability Paymentso Accumulated Annual LeaveLapsed Salary Revisions


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 77Lapsed salary is the dollar amount not expended during the period in which a position is vacant.While internal budget revisions are authorized for those uses <strong>of</strong> lapsed salary funds listed above,others require the prior approval <strong>of</strong> <strong>OSBM</strong> (type “12” BD 606). Provided that the scope <strong>of</strong> theprogram is not increased, <strong>and</strong> subject to the same conditions as above, a type “12” BD 606 maybe used to move lapsed salary within a budget code:• salary-related expenditures not listed above, including temporary salaries• board per diem• employee moving expenses• tort claims• contracted personal services• expenditures necessary to continue a program because <strong>of</strong> unforeseen eventsWhere lapsed salary funds are budgeted for contractual services, the following restrictions apply:• The contract is for temporary services or special project services.• The term <strong>of</strong> the contract does not extend beyond the fiscal year.• The contract does not impose obligations on the <strong>State</strong> after the end <strong>of</strong> the fiscal year.• The total <strong>of</strong> all expenditures for contracted personal services approved in a fund/purposefor a fiscal year does not exceed the greater <strong>of</strong> $500,000 or 10% <strong>of</strong> the lapsed salaryfunds in the fund/purpose for the fiscal year.Lapsed salaries, fringe benefits, <strong>and</strong> other non-salary funds in the 1XXX expenditure accountnumber class may not be used for the following:• establishing new positions.• providing salary increases.• increasing the 2170 expenditure account number (administrative services) other than fortemporary employment agencies.• increasing line items in the 218X expenditure account number classification.• supporting any expenditures outside <strong>of</strong> the 1XXX-21XX expenditure account numbers.Except as:• required by a court, Industrial Commission, or administrative hearings <strong>of</strong>ficer’s order oraward.• necessary to respond to an unanticipated disaster such as a fire, hurricane, or tornado.• required to call out the National Guard.• allowed by Session Law 2002-126, section 2.2(q) for FY 2002-2003.An example <strong>of</strong> a revision using lapsed salary funds is as follows:<strong>State</strong> <strong>of</strong> North CarolinaDENRBD 606 NO. 12 XXXX


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 78TITLE Code 14200Submitted: 7/24/02 Approved: 7/26/02 Fiscal Year 2002-03REQUIREMENTS: Increase DecreaseForestry1250-53 1631 Workers’ Compensation “Medical Payments” $51,803North Carolina Zoo1760-53 1211 SPA Regular Salaries & Wages-Appropriated _______ $51,803TOTAL REQUIREMENTS $ -0- $ -0-Salary Reserve RevisionsSalary Reserve is the dollar amount created when a position is downgraded or filled at a salaryamount less than the amount at which it was previously budgeted (exclusive <strong>of</strong> hiring rate).Salary reserve can be used to increase the salary <strong>of</strong> other positions due to promotion <strong>and</strong>/orreclassification or filling a position at a salary higher than that at which the position was vacated.In certain cases, <strong>and</strong> with the approval <strong>of</strong> the <strong>OSBM</strong>, it can also be used to create new positions.Salary reserve may be budgeted for on-going salary requirements, those <strong>of</strong> a recurring nature,such as increasing the salary <strong>of</strong> other positions due to promotion/or reclassification or filling aposition at a salary step higher than that at which the position was vacated.<strong>OSBM</strong> has delegated the authority to state agencies to use salary reserve, for the purposesoutlined above, within a given fund/purpose without prior approval by <strong>State</strong> <strong>Budget</strong>. Salaryreserve may be transferred from one fund/purpose to another only with prior approval <strong>of</strong> <strong>OSBM</strong>(Type 12 BD 606).Transfer <strong>of</strong> salary reserve is allowed only to permanent salary lines <strong>of</strong> like funding source (i.e.general fund, receipts or highway fund).Salary Control SystemThe Salary Control System is an on-line system with all data maintained on the state mainframe<strong>and</strong> available to all state departments. Each department enters the personnel <strong>and</strong> budgetinformation needed by <strong>OSBM</strong> according to the procedures listed in the Salary Control Systemmanual. The system has two functions: to prevent overspending salary line items on an annualbasis <strong>and</strong> to show the detail transactions necessary to balance one Recommended <strong>Budget</strong> withthe previous one. The transactions start in July <strong>and</strong> continue through June. There is a separateaccount for each fund/object/year <strong>and</strong> optionally for sub-accounts such as RCC’s.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 79Systems support <strong>and</strong> training are provided by the applications analyst, <strong>and</strong> policy questions areanswered by the salary control analyst. The Salary Control System manual is available on the<strong>OSBM</strong> website <strong>and</strong> is updated as procedures <strong>and</strong>/or programs change.Merit Salary Increment FundsUse <strong>of</strong> merit salary increment funds is restricted to salary line items to fund authorized meritincreases only.Establishing a PositionWhen a budget revision includes the request to establish a new position, the identifyinginformation for positions on the budget revision must be entered by each position <strong>and</strong> in thespecial field set up for this purpose on the <strong>Budget</strong> Revision System (BRS). This information isthe fund number, expenditure account number, classification, 15-digit position number, annualsalary, grade number, scheme number, <strong>and</strong> full time equivalent. See the <strong>Budget</strong> RevisionSystem manual.Position ControlMaintaining position control over salaries <strong>and</strong> salary reserve <strong>and</strong> maintaining an accuratenumber <strong>of</strong> positions is the responsibility <strong>of</strong> each individual agency. It is the responsibility <strong>of</strong><strong>OSBM</strong> to monitor fiscal control over salaries <strong>and</strong> wages throughout state government, to monitorthe Salary Control System (SCS) <strong>and</strong> Personnel <strong>Management</strong> Information System (PMIS),record the establishment <strong>of</strong> new positions, reconcile certifications <strong>and</strong> assist agencies <strong>and</strong> <strong>OSBM</strong>analysts in reconciling position counts <strong>and</strong> budgeted salaries, <strong>and</strong> to insure that each positionestablished has sufficient funds budgeted to support it on an annual basis.Over-Realized ReceiptsDepartments <strong>and</strong> institutions may submit to <strong>OSBM</strong> a request (type “12” BD 606) to useadditional receipts above those certified in general <strong>and</strong> highway fund codes if they are necessaryto maintain the anticipated level <strong>of</strong> services approved by the General Assembly. If the additionalreceipts are not for the above purpose, the general or highway fund appropriation must bereduced through the allotment process. Unanticipated gifts <strong>and</strong> grants for specific purposes areexcluded from this provision <strong>and</strong> should be budgeted by use <strong>of</strong> a type “11” budget revision.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 80Here is an example <strong>of</strong> a revision to budget over-realized receipts:<strong>State</strong> <strong>of</strong> North CarolinaBD 606 NO. 12 XXXXDENRTITLE Code 14200Submitted: 7/24/02 Approved: 7/26/02 Fiscal Year 2002-03REQUIREMENTS Increase DecreaseWater Quality Control1340-53 8101 Inter-Departmental Transfer $6,651TOTAL REQUIREMENTS $6,651Water Quality Control1340-43 5500046 Fish Restock Fee $6,651TOTAL RECEIPTS $6,651Receipts <strong>of</strong> Departments <strong>and</strong> InstitutionsReceipts <strong>of</strong> departments <strong>and</strong> institutions, collected by <strong>and</strong> spent by agencies, are included in thecertified <strong>and</strong>/or authorized budgets <strong>of</strong> the agencies.The total requirements <strong>of</strong> each budget code are composed <strong>of</strong> receipts <strong>and</strong> state appropriationsfrom the general fund or the highway fund.When it is realized that receipts are declining, state departments <strong>and</strong> institutions must consultwith <strong>OSBM</strong> to revise the total requirements <strong>of</strong> the budget before making commitments thatcould exceed the availability <strong>of</strong> funds.After making any necessary adjustments, the “adjusted” budget becomes the base budget fromwhich quarterly allotments <strong>of</strong> funds to departments <strong>and</strong> institutions are made.Agencies should transfer receipts from civil fines, penalties <strong>and</strong> forfeitures collected by stateagencies to <strong>OSBM</strong>.Refund <strong>of</strong> ExpendituresA refund <strong>of</strong> an expenditure is any funds returned to the state in the same year as the originalpayment was made due to an overpayment or because goods were returned to the vendor.Refunds <strong>of</strong> expenditures are not receipts, but are a decrease <strong>of</strong> expenditures <strong>and</strong> should beh<strong>and</strong>led in accordance with policies established by the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 81Sales to students, employees, or patients are not considered refunds <strong>of</strong> expenditures, but areshown as receipts.It may be necessary to revise the budget, both in requirements <strong>and</strong> estimated receipts, to properlyreflect these transactions.Refund <strong>of</strong> ReceiptsA refund <strong>of</strong> receipt occurs when the state disburses funds to an entity from which the funds wereoriginally received <strong>and</strong> both transactions occur in the same state fiscal year. Refunds <strong>of</strong> receiptsshould not be h<strong>and</strong>led as expenditures but rather as a decrease <strong>of</strong> receipts in accordance withpolicies established by the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.Establishment <strong>of</strong> a <strong>Budget</strong> Code/CenterEstablishment <strong>of</strong> a <strong>Budget</strong> CodeA budget is established by authorization <strong>of</strong> the General Assembly, authorization <strong>of</strong> <strong>OSBM</strong><strong>and</strong>/or by grant awards from federal, local, state, or private agencies. If a new budget code or acenter number within an existing budget code is required to establish a budget, the <strong>OSBM</strong> inconjunction with the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller (OSC) <strong>and</strong> the Department <strong>of</strong> the <strong>State</strong>Treasurer must authorize <strong>and</strong> validate the budget code, center (fund) numbers <strong>and</strong> titles.ProceduresThe department, institution, or agency should submit a letter <strong>and</strong> supporting documentation torequest a new budget code to the <strong>OSBM</strong> prior to/or in conjunction with the establishment <strong>of</strong> theCenter <strong>and</strong> Title Form. <strong>OSBM</strong> will review the request for the code <strong>and</strong> supportingdocumentation <strong>and</strong> may consult with the OSC to determine the proper fund type for compliancewith budgetary <strong>and</strong> accounting practices. A letter <strong>of</strong> authorization will be issued by the <strong>OSBM</strong>to notify the OSC, the Department <strong>of</strong> the <strong>State</strong> Treasurer, <strong>and</strong> the Department <strong>of</strong> the <strong>State</strong>Auditor when a new budget code is authorized.The request for a new code <strong>and</strong> supporting documentation should be submitted directly to thebudget analyst assigned to your agency. A copy <strong>of</strong> the General Statute requirements, AttorneyGeneral opinion, court directive, federal guidelines for accounting documentation for interestbearing, or other requirements <strong>of</strong> the code should be attached. The agency should also includethe proposed budget code number in the request.<strong>OSBM</strong> will establish the budget codes with the following designations:<strong>Budget</strong>ed or UnbudgetedThe "budgeted" designation requires the agency to submit all budget forms <strong>and</strong> documentationunder policies established by the <strong>OSBM</strong>. The budget must be submitted to the GeneralAssembly for approval as part <strong>of</strong> the Governors’ Recommended <strong>Budget</strong>. A certified budget (BD307) will be issued as authorized by the General Assembly.Interest Bearing or Non-interest Bearing


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 82The supporting documentation will be reviewed to determine if the code will be established as aninterest bearing code.Policy - Establishment <strong>of</strong> a Center (Fund) <strong>and</strong> TitleThe Establishment <strong>of</strong> a Center (Fund) <strong>and</strong> Title Form must be used for the <strong>of</strong>ficial establishment<strong>of</strong> any new or transferred centers in a new code or in an existing budget code. This requirescompletion <strong>of</strong> the form for all budget codes <strong>and</strong> centers including capital improvement budgetcodes <strong>and</strong> federal fund budget codes. The request must be submitted by all departments,institutions, or agencies <strong>and</strong> approved under policies established by both the <strong>OSBM</strong> <strong>and</strong> theOSC. The request to establish a new center or transfer a center should be submitted to the<strong>OSBM</strong> prior to the submission <strong>of</strong> the budget revision to establish the budget or transfer thebudget <strong>of</strong> a center. Authorization <strong>of</strong> the center number or the transfer <strong>of</strong> a center on this formdoes NOT imply approval <strong>of</strong> the budget revision (BD 606).Procedures:Instructions for the FormThis form should be used by all departments, institutions, or agencies to establish the following:• centers for a new code.• new centers for an existing code.• new centers for funds in a center <strong>of</strong> another code to be transferred to an existing or newcode.The form is to be completed for all codes <strong>and</strong> centers, including capital improvement <strong>and</strong> federalfund codes in accordance with this policy.Complete all information outlined in the procedures on the Establish a New Center (Fund)Number <strong>and</strong> Title Form. The request should be emailed directly to the <strong>OSBM</strong> budget analystassigned to your department prior to the submission <strong>of</strong> the budget revision that will establishfunds or transfers funds. Authorization <strong>of</strong> the center number does not imply approval <strong>of</strong> thebudget revision. The budget analyst will review the request. <strong>OSBM</strong> will either email the centerrequest to OSC for review <strong>and</strong> approval or deny the request <strong>and</strong> return it to the department,institution, or agency. The department should allow a minimum <strong>of</strong> two weeks for an averageapproval process.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 83Establish a New Center (Fund) <strong>and</strong> Title1 Department Name Request Number F2 Effective Date3<strong>Budget</strong> Code InformationComplete Title <strong>of</strong> Code4 Number BPS/NCAS Title5 NCAS Region Department/Division Number <strong>Budget</strong>ed Code Yes No New Code Yes NoCenter (Fund) Information -This page may be repeated for additional Center Numbers6 Center Number Center Title7 Company Number GASB NumberCenter Number Center TitleCompany NumberGASB NumberCenter Number Center TitleCompany NumberGASB NumberCenter Number Center TitleCompany NumberGASB Number8 /Department Signature/Date<strong>OSBM</strong> <strong>Budget</strong> Analyst Signature/Date9 Agency ContactNameE-mail address/ for notification <strong>of</strong> approvalPhone<strong>OSBM</strong>/DateOSC/DateEntered in NCAS By/Date


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 84Page 2 Code Request Number 0 0 F 000010 Justification for Code <strong>and</strong>/or Center:11 Revenue Source: (Provide a complete description for code <strong>and</strong>/or each center).12 Expenditure/Accounting Activity: (Provide complete description for code <strong>and</strong>/or each center)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 85<strong>Budget</strong> Code InformationLine 1: Indicate the department name.Request number - The first two positions represent the agency number in theNCAS, the third position is “F”, positions four through seven are the sequentialnumber <strong>of</strong> all requests by agency for the biennium. For example agency number16 has two requests: a new center for code 17001 <strong>and</strong> a change for 27002. Therequest numbers would be 16F0001 <strong>and</strong> 16F0002, respectively. (Note:Universities will use the 2nd <strong>and</strong> 3rd position <strong>of</strong> the NCAS agency number as thefirst two positions in the request number)Line 2:Line 3:Line 4:Line 5:Indicate the effective date for authorization.Provide the complete descriptive title <strong>of</strong> the budget code for the request.Provide the five-digit budget code number <strong>and</strong> the authorized code title. The<strong>of</strong>ficial title is limited to 30 digits <strong>and</strong> should be established in a similar format tothe other <strong>of</strong>ficial code titles as authorized by the <strong>OSBM</strong> <strong>and</strong> as validated on theNCAS.Indicate the department’s regional number in NCAS, the department/divisionnumbers <strong>and</strong> the "budgeted" status <strong>of</strong> the code. <strong>OSBM</strong> will designate the"budgeted" status for a new code. Indicate "yes" if this request is for a new codethat has been requested or "no" if the request is for an existing code.Center (Fund) InformationThe Center (Fund) Information section provides a complete list <strong>of</strong> all new center numbers to beassigned to the requested code or to establish or transfer a center number for an existing code.Line 6:Line 7:Center (Fund) Number: Indicate the first four positions <strong>of</strong> the requested newcenter.Title: Indicate the title for the new center. Abbreviate as needed, as the title islimited to 24 digits.The title will be validated to both the budget <strong>and</strong> accounting systems asauthorized.Company Number: Identify the company number in NCAS for the budget code.If a new company numbers is to be assigned by OSC leave this blank <strong>and</strong> OSCwill assign a new company number.GASB Number: To be completed by OSCLine 8:Signatures by the department. These names are the individuals authorized toapprove center request.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 86Line 9: Agency Contact: Indicate the name, phone number <strong>and</strong> e-mail address <strong>of</strong> theindividual at the agency for notification <strong>of</strong> the approval <strong>of</strong> the center by the OSC.This box must be completed with email address in order to receive notification<strong>and</strong> the approved center request.Line 10:Line 11:Line 12:Line 13:Justification for the center authorization. If this request is for several centernumbers, justifications should be completed for each center requested. Agencymust give a brief <strong>and</strong> concise justification for each center request. Include theGeneral Statute reference or other authoritative references such as an AttorneyGeneral opinion, court directive, or federal guideline references for accounting inthe justification.Revenue source for the budget center: All revenue sources should be identified<strong>and</strong> described for full evaluation <strong>of</strong> the type <strong>of</strong> budget <strong>and</strong> accounting activity <strong>of</strong>the center. Revenue sources include, but are not limited to, general fundappropriation, highway fund appropriation, transfer from general fund orhighway fund, dedicated revenue, court settlements etc.Indicate the expenditure <strong>and</strong> accounting activity, which will be authorized for therequested center. Provide a complete description <strong>of</strong> any expenditure restrictionsor special accounting requirements.Indicate the purpose statement for the requested center (fund) to be established.The purpose statement should include the program impact or result <strong>of</strong> the center(fund) <strong>and</strong> those major activities contributing to that impact.If Lines 10 through 13 are not completed with adequate information the requestcannot be processed. This information is pertinent for <strong>OSBM</strong> <strong>and</strong> OSC toestablish the new center.Policy - Change in an Existing Center (Fund) <strong>and</strong>/or TitleThis form should be used by all departments, institutions, or agencies to change a center number<strong>and</strong>/or title. The form is to be completed for all centers.Procedures:Instructions for the FormComplete all information outlined in the procedures on the Change in an Existing Fund(Center) Number <strong>and</strong>/or Titles Form. The request should be emailed directly to the budgetanalyst assigned to your department prior to the submission <strong>of</strong> the budget revision.Authorization <strong>of</strong> the center number does not imply approval <strong>of</strong> the budget revision. The budgetanalyst will review the request. OSMB will either email the request to OSC for review <strong>and</strong>approval or deny the request <strong>and</strong> return it to the department, institution, or agency. Thedepartment should allow a minimum <strong>of</strong> two weeks for an average approval process.<strong>Budget</strong> Code Information


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 87Line 1: Indicate the department name.Request number - The first two positions represent the agency number in theNCAS, the third position is “F”, positions four through seven are the sequentialnumber <strong>of</strong> all requests by agency for the biennium. For example, agency number16 has two requests a new center for code 17001 <strong>and</strong> a change <strong>of</strong> center for code27002. The request numbers would be 16F0001 <strong>and</strong> 16F0002, respectively.(Note: Universities will use the 2nd <strong>and</strong> 3rd position <strong>of</strong> the NCAS agencynumber as the first two positions in the request number).Line 2:Line 3:Line 4:Line 5:Indicate the effective date for authorization.Provide the complete descriptive title <strong>of</strong> the budget code for the request.Provide the five digit budget code number <strong>and</strong> the authorized code title. The<strong>of</strong>ficial title is limited to 30 digits.Indicate the department's regional number in NCAS, the department/divisionnumber <strong>and</strong> the "budgeted" status <strong>of</strong> the code.Current Authorized Title/NumberLine 6:Line 7:Center (Fund) Number: Indicate the first four positions <strong>of</strong> the current center.Title: Indicate the title for the current center.Company Number: Identify the company number in NCAS for the budget code.GASB Number: Identify the current GASB number.New Title/Number RequestedLine 8:Line 9:Line 10:Center (Fund) Number: Indicate the first four positions <strong>of</strong> the requested newcenter.Title: Indicate the title for the new center. Abbreviate as needed, as the title islimited to 24 digits. The title will be validated to both the budget <strong>and</strong> accountingsystem as authorized.Company Number: Identify the company number in NCAS for the budget code.If a new company number is to be assigned by OSC leave this blank <strong>and</strong> OSCwill assign a new company number.GASB Number: To be completed by OSC.Justification for the code/center authorization. If this request is for several centernumbers, justifications should be completed for each center requested. Agencymust give a brief <strong>and</strong> concise justification for center request. Include the GeneralStatute reference or other authoritative references such as, an Attorney General


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 88opinion, court directive, or federal guideline references for accounting in thejustification.Line 11:Line 12:Signatures by the department: These names are the individuals authorized toapprove center request.Agency Contact: Indicate the name, phone number, <strong>and</strong> e-mail address <strong>of</strong> theindividual at the agency for notification <strong>of</strong> the authorization <strong>of</strong> the center by theOSC. This box must be completed with email address in order to receivenotification <strong>and</strong> the approved center request.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 891 Department Name Request Number F2 Effective Date<strong>Budget</strong> Code Information3 Complete Title <strong>of</strong> Code4 Number BPS/NCAS TitleChange in an Existing Fund (Center) <strong>and</strong>/or Title5 NCAS Region Department/Division Number <strong>Budget</strong>ed Code Yes NoCurrent Authorized Title/Number:Center (Fund) Information - This page may be repeated for additional Center Number Changes.6 Center Number Title7 Company Number GASB NumberNew Title/Number Requested:8 Center Number Title9 Company Number GASB Number10 Justification for change:11 / 12Department Signature/DateOBSM <strong>Budget</strong> Analyst Signature/Date/Agency ContactNameE-mail addressfor notification <strong>of</strong> approval.Phone<strong>OSBM</strong>/DateOSC/DateEntered in NCAS By/Date


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 90Notification <strong>of</strong> ApprovalThe <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller will email the <strong>OSBM</strong> <strong>and</strong> the individual indicated in the agencycontact area the approved form. This will be the only notification sent by the OSC.Copies <strong>of</strong> the form will be distributed as follows:Request forms delegated for direct approval by the OSC: The OSC will keep the original requestform <strong>and</strong> forward copies to the department, institution, agency, <strong>and</strong> <strong>OSBM</strong>.All other request forms: Upon approval by <strong>OSBM</strong> <strong>and</strong> subsequent approval by OSC, the originalform will be returned to <strong>OSBM</strong> <strong>and</strong> a copy <strong>of</strong> the form will be mailed by <strong>OSBM</strong> to thedepartment, institution, or agency.Capital Improvement <strong>Budget</strong> Policies <strong>and</strong> ProceduresCapital Defined“Capital improvement projects” are defined as renovations, repairs, <strong>and</strong> major maintenance toexisting facilities, major l<strong>and</strong>scape improvements, new construction, l<strong>and</strong> purchases, one-timemajor equipment purchases, <strong>and</strong> utility modifications.These projects are accounted for in the capital improvement budget code <strong>of</strong> a department orinstitution. The establishment <strong>of</strong> a capital improvement project requires approval <strong>of</strong> the GeneralAssembly or the Director <strong>of</strong> the <strong>Budget</strong>. Sources <strong>of</strong> funds to support such projects are restricted.It is the policy <strong>of</strong> <strong>OSBM</strong> to have requests for capital funds in excess <strong>of</strong> $100,000 submittedthrough the capital improvement budget process when the Governor (Director <strong>of</strong> the <strong>Budget</strong>) ispreparing the biennial budget requests recommended to the General Assembly.The transfer <strong>of</strong> funds between capital <strong>and</strong> operating budgets is statutorily prohibited. However,departments are allowed to make expenditures in their operating budget that exceed $100,000 forrepairs, maintenance, equipment purchases, etc., provided proper budget approval has beenobtained. The expenditure <strong>of</strong> funds from the operating or the capital budget for capitalimprovement projects is subject to laws governing review <strong>of</strong> plans <strong>and</strong> specifications, selection<strong>of</strong> architects, <strong>and</strong> public bid for construction projects. Contact the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Constructionfor a copy <strong>of</strong> the North Carolina Construction <strong>Manual</strong>.As provided by the General Statutes, specific procedures have been established for requesting,establishing, <strong>and</strong> otherwise implementing the university system’s capital improvement program.In recognition <strong>of</strong> these circumstances, the attached instructions accommodate establisheduniversity system procedures <strong>and</strong> represent a change with regards only to the allotmentprocedures for current operations. Capital improvement projects for the university systems arerequested through the Board <strong>of</strong> Governors, <strong>and</strong> capital improvement appropriations are made bythe General Assembly to the Board for allocation to the institutions.Establishment <strong>of</strong> Capital Improvement ProjectsCapital improvement projects can be funded from several different sources:• The General Fund.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 91• The Highway Fund.• The Reserve for Repairs <strong>and</strong> Renovations.• Gifts or grants, including federal funds.• Income from the provision <strong>of</strong> services, such as dormitory receipts, parking receipts,health services receipts, recreation fees, <strong>and</strong> other sources <strong>of</strong> income.• Overhead receipts <strong>and</strong> trust funds.• Insurance Proceeds.• Revenue bonds approved by the General Assembly, with debt service provided fromincome such as dormitory receipts, parking receipts, <strong>and</strong> other sources <strong>of</strong> income.• General obligation bonds approved by the General Assembly <strong>and</strong> a vote <strong>of</strong> the people,with debt service provided from the General Fund <strong>and</strong> secured by the full faith <strong>and</strong> credit<strong>of</strong> the taxing authority <strong>of</strong> the <strong>State</strong>.• Legislative bonds approved by the General Assembly <strong>and</strong> limited to an amount not toexceed two-thirds <strong>of</strong> the amount <strong>of</strong> debt retired during the previous biennium, with debtservice provided from the General Fund <strong>and</strong> secured by the full faith <strong>and</strong> credit <strong>of</strong> thetaxing authority <strong>of</strong> the <strong>State</strong>.• Limited obligation bonds approved by the General Assembly without a vote <strong>of</strong> thepeople, with debt service provided from the General Fund <strong>and</strong> secured by a securityinterest in the facility financed or other, similar real property.Capital improvement projects are established by:• Direct authorization from the General Assembly.• Action <strong>of</strong> the Governor as Director <strong>of</strong> the <strong>Budget</strong>.Funding <strong>of</strong> capital improvement projects authorized by the Governor is limited to:• Receipts.• Special funds.• Self-liquidating indebtedness.• Other funds.• Any combination <strong>of</strong> funds, but not including funds appropriated from the General Fund.These sources <strong>of</strong> funding are identified in G.S. 143-18.1(c).<strong>Budget</strong> requests to either the General Assembly, by way <strong>of</strong> the Governor's recommended budget,or to the Governor between budget preparation periods for authorizing new capital improvementprojects should include:• Description <strong>of</strong> the project.• Detailed justification <strong>of</strong> the need.• Explanation <strong>of</strong> the funding source.• Impact on future operating costs.• Other pertinent data relating to the project.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 92Procedures for requesting a capital improvement project as a part <strong>of</strong> the Governor'srecommended budget to the General Assembly are outlined in the biennial budget instructions.Prior to the submission <strong>of</strong> a capital improvement budget request, the agency should secure acompleted approved Cost Estimate (OC 25) form from the <strong>State</strong> Construction <strong>Office</strong>. Theapproved Cost Estimate (OC 25) should be submitted with the Capital Improvement request.For university projects, capital improvement requests are submitted, in accordance with biennialbudget instructions from the University Board <strong>of</strong> Governors, when the project is requested as apart <strong>of</strong> the Governor's budget recommendation to the General Assembly. The instructions willset forth procedures for submitting a Cost Estimate (OC-25), categorizing projects, <strong>and</strong> all otherdata pertinent to the needs <strong>of</strong> the Board, <strong>OSBM</strong>, <strong>and</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction inpreparing the Governor's budget recommendations to the General Assembly.The approved Cost Estimate (OC-25) is the project cost estimate as provided by the <strong>Office</strong> <strong>of</strong><strong>State</strong> Construction. It details the estimated cost <strong>of</strong> the design fee, the estimated cost <strong>of</strong> theindividual construction contracts, the recommended construction contingency, the proposed cost<strong>of</strong> equipment, <strong>and</strong> the allowance for inflationary increases. The agency completes the CostEstimate (OC-25) <strong>and</strong> submits it to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction for any adjustments that maybe required to the various elements <strong>of</strong> the estimated costs. An agency should also attach to theCost Estimate (OC-25) a detailed list <strong>of</strong> movable equipment that the agency needs to furnish theproposed facility.The list <strong>of</strong> moveable equipment should contain an estimate <strong>of</strong> the unit cost <strong>of</strong> the equipment <strong>and</strong>the number <strong>of</strong> units required. Agencies should use this list in purchasing equipment uponcompletion <strong>of</strong> the project. Only equipment necessary to make the facility functional should beincluded in this list. This does not include <strong>of</strong>fice equipment that should be included in theoperating budget. It is not the intent <strong>of</strong> a capital improvement appropriation to fund a newprogram, but rather to provide a facility to house an existing program. After the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction revises the construction estimates <strong>and</strong> movable equipment list as necessary, anapproved Cost Estimate (OC 25) will be returned to the agency with the final estimated cost <strong>of</strong>the project noted on the form. The approved Cost Estimate (OC 25) <strong>and</strong> cost estimates should beused when budget requests are made to the <strong>OSBM</strong>, for submission to the Governor for budgetpreparation <strong>and</strong> recommendation to the General Assembly, or for the Governor's approval, ifallowed by law.It is important that the approved Cost Estimate (OC 25) be properly documented since the firstallotment will be based on the design fee <strong>and</strong> any recommended construction contingency asreflected on that form. In some cases, the capital project will not involve a construction contractbut will consist <strong>of</strong> a one-time major equipment or l<strong>and</strong> purchase. These projects should have asmall miscellaneous contingency to pay for closing costs, recording fees, or any othermiscellaneous charges relating to the project.An agency may desire to use its own personnel for labor in the capital project <strong>of</strong> someconstruction projects. This process is termed "force account construction" <strong>and</strong> <strong>OSBM</strong> has


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 93statutory authority to approve this procedure up to $125,000. The agency must secure a letter <strong>of</strong>approval prior to initiating construction with force account labor. The maximum expenditure <strong>of</strong>$125,000 includes either the cost <strong>of</strong> materials <strong>and</strong> labor or $50,000 for the total cost <strong>of</strong> labor.Detailed records must be maintained accordingly by the agency.Establishment <strong>of</strong> Capital Improvement Funds (Forms BD 306 <strong>and</strong> BD 606)After either the General Assembly or the Governor authorizes a new capital improvementproject, <strong>OSBM</strong> will notify the department either with:• A Capital Improvement Certification (BD 306).• A letter (Governor’s Authorization)The Capital Improvement Certification (BD 306) is used when a new project is authorized by theGeneral Assembly, <strong>and</strong> will identify the project, the fiscal scope, <strong>and</strong> the capital improvementcode. Departments will use the Capital Improvement Certification (BD 306) to enter the projectinto the NCAS with all funds budgeted under Contingency Reserve.For capital projects that have been authorized by the Governor, <strong>OSBM</strong> will notify the agency byletter.This letter will identify:• Name <strong>of</strong> the project.• Fiscal scope <strong>of</strong> the project.• Capital improvement code where the project is to be established.Upon receipt <strong>of</strong> this notification, the agency is to immediately submit a budget revision (BD606) to establish a budget, as instructed in the letter, with all funds budgeted under ContingencyReserve. The fund or item number will be assigned by the department or by UNC-GeneralAdministration for the member institutions. When the approved budget revision is received bythe department or institution, the project is then entered into the North Carolina AccountingSystem or the institutions accounting records. A budget revision (BD 606) is not required todistribute funds from the Contingency Reserve into proper expenditure lines after design <strong>and</strong>construction contracts have been awarded. This distribution is to be made internally by theagency upon approval <strong>of</strong> the allotment, but the total is not to exceed the authorized budget asreflected on the approved budget revision (BD 606).Capital Improvement Allotments (BD-303)Capital improvement allotments refer to specific projects that are permanent <strong>and</strong> do not revert atthe end <strong>of</strong> a quarter or fiscal year as do current operations allotments. No funds may beexpended for a capital project without an approved allotment. No more than three allotments arerequired for a capital improvement project <strong>and</strong> these allotments should be submitted inaccordance with the following procedures:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 94• After a budget has been established for a capital project the agency should take thenecessary steps to select a designer. This selection is coordinated with the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction <strong>and</strong> the <strong>State</strong> Building Commission. Once the designer has been approved,the agency should then submit the first allotment for the project. This allotment shouldrequest the entire design fee for the project as approved by the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction.• Unless the authority to do so has been delegated by law to an agency, after constructionbids are received on a project, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction will review the bids <strong>and</strong>certify the low bids <strong>of</strong> qualified contractors. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction will thenissue a letter to the agency head approving the award <strong>of</strong> construction contracts. Thisaward letter also details the approved design fee, the construction contingency <strong>and</strong>available funds for movable equipment. Before the letter <strong>of</strong> award is released, it ispresented to the <strong>State</strong> <strong>Budget</strong> <strong>Office</strong>r for approval <strong>of</strong> the availability <strong>of</strong> funds. At thispoint, the agency will initiate the second allotment for the project. This allotment willdistribute into object lines the funds for all construction contracts, the balance <strong>of</strong> theconstruction contingency <strong>and</strong> the movable equipment as reflected on the award letter. Acopy <strong>of</strong> the approved allotment will be returned to the agency. At this point, funds willbe available for expenditure on the construction contracts <strong>and</strong> movable equipment.Closing-Out Capital Improvement ProjectsAfter final payments have been made for construction, design contracts, <strong>and</strong> all movableequipment purchases have been completed, the project is ready to be closed. It is theresponsibility <strong>of</strong> the agency budget <strong>of</strong>ficer to review all active capital projects periodically <strong>and</strong>immediately close those that are complete. The procedures to be followed in closing a projectare outlined as follows:• Projects funded via direct appropriation from the General Assembly.• The agency will move any remaining balances to a line item entitled “Transfer toGeneral Fund.”• Once the funds have been moved to the transfer line, the agency is to submit anallotment for the Transfer to General Fund. Upon receipt <strong>of</strong> the approvedallotment, a check is issued payable to the <strong>State</strong> Treasurer <strong>and</strong> submitted to the<strong>State</strong> Controller.• Projects funded via transfer from the Reserve for Repairs <strong>and</strong> Renovations:• If a balance is shown on the monthly report in the unexpended balance <strong>of</strong>allotments account for the completed project, the agency will submit an allotmentthat will revert the whole dollars <strong>of</strong> any remaining balance to an unallotted status.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 95• Once the whole dollars have been unallotted, a BD-606 is submitted by theagency reducing the budget by an amount equal to the whole dollars by Transferto the Reserve for Repairs <strong>and</strong> Renovations (Code 4XX02).• The agency will transfer the remaining cents to a line item entitled “Transfer to<strong>State</strong> Treasurer” where the funds will be allotted <strong>and</strong> a check will be issuedpayable to the <strong>State</strong> Treasurer <strong>and</strong> submitted to the <strong>State</strong> Controller.• Projects funded via self-liquidating sources:• If a balance is shown on the monthly report in the unexpended balance <strong>of</strong>allotments account for the completed project, an allotment should be submittedreverting the balance to an unallotted status.• After the project balance is reverted to the unallotted status, a BD-606 is to besubmitted reducing the budget to an amount equal to actual expenditures with acorresponding reduction in the receipt line-item.• If the receipts have previously been deposited, a refund <strong>of</strong> receipts should becompleted transferring the receipt back to its original source.Authorization <strong>of</strong> Code/Center Number <strong>and</strong> TitleThe <strong>State</strong> Controller will validate the authorized code/center(s) numbers to the North CarolinaAccounting system (NCAS). The request to establish a new center number or transfer a centernumber should be submitted to the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller prior to the submission <strong>of</strong> thebudget revision in order to establish the budget <strong>of</strong> a center or transfer the budget <strong>of</strong> a center. Theauthorization <strong>of</strong> the center number or a center number for a transfer does not imply approval <strong>of</strong>the budget revision (BD 606); the request will require a minimum <strong>of</strong> two weeks for an averageapproval.Allocation from the Reserve for Repairs <strong>and</strong> RenovationsG.S. 143-15.3A establishes the Repairs <strong>and</strong> Renovations Reserve with a continuing source <strong>of</strong>funding. As required by law, <strong>OSBM</strong> will present to the Joint Legislative Commission onGovernmental Operations a list for the proposed allocation <strong>of</strong> these funds. To assist in thiseffort, departments <strong>and</strong> institutions submit a list <strong>of</strong> current priorities for repairs <strong>and</strong> renovationsprojects.The following types <strong>of</strong> projects are eligible for funding from the Reserve:• Ro<strong>of</strong> repairs <strong>and</strong> replacements.• Structural repairs.• Repairs <strong>and</strong> renovations to meet federal <strong>and</strong> state st<strong>and</strong>ards.• Repairs to electrical, plumbing, heating, ventilating <strong>and</strong> air-conditioning systems.• Improvements to meet requirements <strong>of</strong> the Americans with Disabilities Act.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 96• Improvements to meet fire safety needs.• Improvements to existing facilities for energy efficiency.• Improvements to remove asbestos, lead paint, <strong>and</strong> other contaminants, including theremoval <strong>and</strong> replacement <strong>of</strong> underground storage tanks.• Improvements <strong>and</strong> renovations to improve use <strong>of</strong> existing space.• Historical restoration.• Improvements to roads, walks, drives, <strong>and</strong> utilities infrastructure.• Drainage <strong>and</strong> l<strong>and</strong>scape improvements.Departments are required to submit a list <strong>of</strong> the projects requested by August 1 <strong>of</strong> each fiscalyear. The projects requested should be listed in priority order. For each project, complete theproject worksheet form <strong>and</strong> attach a copy <strong>of</strong> an approved Cost Estimate (OC-25). Copies <strong>of</strong> costestimates (OC-25) previously prepared during the budget preparation process may be submittedif the estimated cost is still accurate. Projects without an approved cost estimate will not beeligible for funding. Only projects supported from general fund appropriations are eligible forfunding from the Reserve.NOTE: Information concerning (F-CAP) reports, energy efficiency improvements, <strong>and</strong> impactto the operating budget must be provided on the worksheet before a project can be considered forfunding.The following is an example <strong>of</strong> the title page for an agency’s submission <strong>of</strong> projects to be fundedby the Reserve for Repairs <strong>and</strong> Renovations <strong>and</strong> the worksheet that needs to be completed foreach individual project.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 97Reserve for Repairs <strong>and</strong> RenovationsPriority Listing <strong>of</strong> Requested ProjectsDepartment___________________________Division/Institution___________________PriorityNumber Project Title Amount1 John Q. Public Memorial Building Ro<strong>of</strong> Repairs $500,0002 Street Repair Reserve $250,000Reserve for Repairs <strong>and</strong> RenovationsWorksheet for Each Project RequestedDepartment____________________________Division/Institution________________________ProjectTitle____________________________________________________________________County <strong>of</strong> Project Location____________________Total Estimated Project Cost_____________Priority: _____<strong>of</strong> _____ total projectsContact name/phone number ________________________________________Type <strong>of</strong> Project: ___Utilities (electrical, plumbing, water, wastewater, telecommunications)___ Asbestos ___ Ro<strong>of</strong>(Check All ___ Structural ___ Roads, Walks, Parking, Drainage, L<strong>and</strong>scapeThat Apply) ___ Renovation ___ Removal UST or Other Contaminants___ HVAC ___ Energy Efficiency___ Fire Safety ___ OtherWas the allocation m<strong>and</strong>ated by the General Assembly? ( ) YES ( ) NODescription <strong>of</strong> Project (include short description <strong>of</strong> type, nature, <strong>and</strong> extent <strong>of</strong> work required, theneed for the project, <strong>and</strong> the expected impact):__________________________________________________________________________________________________________________________________________________________Give the percentage <strong>of</strong> total project expenditure related to energy efficiency improvements foreach request: _____%Has this facility been inspected by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction’s F-CAP team <strong>and</strong> was therequested project included in their review? ( ) YES ( ) NO **If yes, please attach aseparate sheet with a summary statement or pertinent pages from the F-CAP team’s report.Has this project been previously planned? ( ) YES ( ) NOGive the estimated completion date <strong>of</strong> this project, assuming funds will be allocated October 1:______


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 98Impact on OPERATING BUDGET (Please identify, on an annualized basis, any additional costsor savings (reductions) that will result from the completion <strong>of</strong> this project). Do not includeconstruction costs.Estimated Cost (Savings)First Full Year <strong>of</strong> OperationStaff (include number)$_______________________Maintenance_______________________Other Operating Costs_______________________Special Equipment/Furnishings not included on OC-25 _______________________Total Requirements$_______________________Less Receipts_______________________Appropriation_______________________Attach a copy <strong>of</strong> the approved OC-25 (cost estimate), <strong>and</strong> the certification form, if required, forthis project.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 99Contingency <strong>and</strong> Emergency Fund Expenditure RequestProcedures Relating to Requests for Contingency <strong>and</strong> Emergency FundsAll requests from state agencies for funds from the Contingency <strong>and</strong> Emergency Fund must besubmitted to <strong>OSBM</strong>. The request, in letter-form, should include pertinent information, i.e.,circumstances that require this expenditure <strong>and</strong> why current budgeted funds cannot pay for thisexpenditure (G. S. 143-12).Method <strong>of</strong> Allocation from the Contingency <strong>and</strong> Emergency FundIf a request needs the approval <strong>of</strong> the Council <strong>of</strong> <strong>State</strong>, then it will be presented by <strong>OSBM</strong>. Uponreceiving the Council <strong>of</strong> <strong>State</strong>’s approval <strong>of</strong> a request for funds, <strong>OSBM</strong> notifies the agency. Theagency should submit a budget revision to <strong>OSBM</strong> for approval showing an increase in totalrequirements <strong>and</strong> a corresponding increase in appropriation by transfer from the Contingency<strong>and</strong> Emergency Fund (<strong>Budget</strong> Code 19001) in the approved amount.<strong>OSBM</strong> processes a journal entry <strong>and</strong> submits it to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller <strong>and</strong> the <strong>State</strong>Treasurer. The entry will be entered into their record detailing the amount to be credited to theagency receiving the allocation <strong>and</strong> a corresponding decrease in the availability <strong>of</strong> theContingency <strong>and</strong> Emergency Fund.Federal Fund <strong>Budget</strong> Policies <strong>and</strong> ProceduresAll federal funds received directly from the federal government by any department subject toprovision <strong>of</strong> the North Carolina Executive <strong>Budget</strong> Act, shall be initially accounted for in afederal funds budget code (3XXXX) established as part <strong>of</strong> the uniform chart <strong>of</strong> accounts <strong>of</strong> thestate accounting <strong>and</strong> budgeting system. The funds in the federal fund budget code will betransferred to the appropriate general, special, or other budget codes. All recurring or otherwiseanticipated federal funding shall be fully reflected in these operating codes for the regularbiennial budget request. Any changes or receipts <strong>of</strong> unanticipated funds during the bienniumshall be processed under policies established by <strong>OSBM</strong>. All federal funds shall be budgeted <strong>and</strong>accounted for in a manner that provides clear <strong>and</strong> complete information <strong>and</strong> accountability forboth state <strong>and</strong> federal fiscal years.Each department receiving federal funds must develop procedures for the internal coordination<strong>and</strong> fiscal review <strong>of</strong> all federal grant applications <strong>and</strong> formula grant plans. Procedures mustcomply with special provisions or statutes applicable to federal funds.The regulations apply to all those federal funds that must be budgeted by state departments,except for university institutions.Applications for Federal FundsA state department must notify the Governor, through <strong>OSBM</strong>, when submitting grant requests t<strong>of</strong>ederal organizations when such grants may impose upon the <strong>State</strong> substantial obligation now orin the future. This notification is not required for continuation project grants <strong>and</strong> formula grantsthat are included in the department’s certified budget, or for interdepartmental grants involvingthe transfer <strong>of</strong> funds between agencies within the same department.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 100Requisition <strong>and</strong> Disbursement <strong>of</strong> Federal FundsFederal funds received directly from a federal agency shall be initially deposited in a federalfund budget code (3XXXX), either through deposit <strong>of</strong> a federal check or through the letter orcredit voucher <strong>and</strong> deposit procedure. Disbursements from a federal fund budget (depository)code may be made only to a general, special, or other operating fund budget code. This may bedone through a check/deposit procedure or through the cash management system electronicfunds transfer system. The program/purpose <strong>and</strong> account should be noted in the transferdocuments. Regular cash requisitions <strong>and</strong> disbursement procedures would apply to subsequentoperating fund transfers. Departments should comply with the policies <strong>and</strong> proceduresestablished for the Cash <strong>Management</strong> Plan by the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.Special Reports on Federal Funds<strong>OSBM</strong> may require information on federal fund grants, expenditures, indirect cost collections,<strong>and</strong> other areas relative to federal funds. Agencies should maintain records indicating federalcatalog numbers <strong>and</strong> titles, types or categories <strong>of</strong> grants, indirect cost rates <strong>and</strong> budget <strong>and</strong>expenditures by state <strong>and</strong> federal fiscal years, <strong>and</strong> any other information that would be helpful inmaking requested periodic special reports on federal funds.Cost Allocation/Indirect Cost PolicyIt is the policy <strong>of</strong> the <strong>State</strong> <strong>of</strong> North Carolina to maximize the recovery <strong>of</strong> direct <strong>and</strong> indirectcosts for administering <strong>and</strong> implementing federal grants. All state agencies use a statewideindirect cost plan (SWCAP) <strong>and</strong> a state information processing services indirect cost plan (SIPS-CAP) to recover the <strong>State</strong>’s central service costs as allowable per the U.S. <strong>Office</strong> <strong>of</strong> <strong>Management</strong>& <strong>Budget</strong> (OMB) Circular A-87.The <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller prepares <strong>and</strong> gains approval from the federal government, <strong>and</strong>distributes the central service cost plans. Each agency is responsible for integrating these centralservices costs into their costs plans in order that they recover the optimum allowable indirectcosts from their federal grants.Individual cost plans are the responsibility <strong>of</strong> the agency.An indirect cost proposal(s) must be prepared at least annually in all departments to cover alldivisions <strong>and</strong> institutions that receive federal funds. All proposals should be reviewed by thechief fiscal <strong>of</strong>ficer <strong>and</strong> agency head to assure that:1. The correct amount <strong>of</strong> state government’s central services costs is included in theproposal.2. All allowable cost items are included.3. The indirect cost rates are within appropriate ranges <strong>and</strong> are at a maximum level.Exceptions to the development <strong>of</strong> a proposal will be granted by <strong>OSBM</strong> to any department thatcan demonstrate in writing that the costs <strong>and</strong> procedures required to develop <strong>and</strong> implement


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 101indirect cost recovery are greater than the benefits derived. Factors that need to be consideredinclude the amount <strong>and</strong> type <strong>of</strong> federal grants received, an estimate <strong>of</strong> the indirect cost rate, <strong>and</strong>an evaluation <strong>of</strong> the costs <strong>of</strong> any necessary accounting changes.A cost allocation plan that directly accounts for overhead costs in recovering administrative costsfrom federal grants may be used instead <strong>of</strong> an indirect cost rate.Indirect Cost ProposalsEach department or agency should prepare annually an indirect cost proposal unless thecognizant federal agency specifies another time interval. This proposal should be prepared inaccordance with OMB Circular A-21.A copy <strong>of</strong> the final negotiation agreement between the cognizant federal agency <strong>and</strong> theinstitution should be available for inspection. A summary explanation <strong>of</strong> any differencesbetween the proposal <strong>and</strong> approved rates should accompany the agreement copy.Indirect Cost To Be Included In Federal Grant RequestsThe chief fiscal <strong>of</strong>ficer will be responsible for assuring that full indirect costs are claimed oneach federal grant or contract application, except those specifically excluded by the <strong>Office</strong> <strong>of</strong><strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. Requests for exemptions should be communicated in writingthrough department fiscal <strong>of</strong>ficers. Exemptions to claiming indirect costs in grant applicationswill be considered <strong>and</strong> granted by <strong>OSBM</strong> on a case-by-case basis if either <strong>of</strong> the followingcircumstances can be demonstrated in writing by an agency:• Federal statutory or administrative restrictions or prohibitions <strong>of</strong> indirect costs claims.• Extraordinary circumstances exist that may jeopardize the institutions' best interest innegotiating for <strong>and</strong> receiving a federal grant.All exemptions granted will be available for inspection including those cases where indirectcosts are formally foregone in the grant or contract application as a means <strong>of</strong> meeting costsharing or matching requirements.<strong>Budget</strong>ing Indirect CostsAll indirect costs (or overhead receipts) should be deposited in an appropriate state budget code,<strong>and</strong> will be reverted to the general or highway fund unless <strong>OSBM</strong> grants the spending approval.<strong>Budget</strong> Procedures for H<strong>and</strong>ling Transfers Between Block GrantsWhere federal block grants allow for the transfer <strong>of</strong> funds to other block grants, the proceduresfor transferring funds will be as follows:• The need for additional funds must be established by the appropriate departmentsecretary, supported by an analysis <strong>of</strong> that need <strong>and</strong> the additional cost associated with it.Based upon the need for additional funds, the secretary will request <strong>of</strong> the Governor, asDirector <strong>of</strong> the <strong>Budget</strong>, the transfer <strong>of</strong> funds from other block grants.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 102• Department secretaries will determine <strong>and</strong> report to the Governor if excess funds areavailable for transfer to other block grants. An analysis should accompany the reportexplaining why excess funds are available <strong>and</strong> why other related programs within theblock grant do no require additional funds.• The Governor will determine the need for the transfer <strong>of</strong> funds between block grantsbased on reports <strong>of</strong> additional needs <strong>and</strong> reports <strong>of</strong> excess funds.Appropriate budget procedures will be used to transfer the funds within a department or betweendepartments.Intra <strong>State</strong> <strong>and</strong> Non-state FundsAny department subject to the provisions <strong>of</strong> the North Carolina Executive <strong>Budget</strong> Act receivingfunds directly from a state grant from another division or department or from non-state fundingwill budget those funds to the appropriate general, special, or other funds budget code. Allrecurring or otherwise anticipated funding shall be fully reflected in these operating codes for theregular biennial budget. Any changes or receipts <strong>of</strong> unanticipated funds during the bienniumshall be processed through the budget revision (BD 606) process <strong>and</strong> comply with applicablelaws pertaining to the budgeting <strong>of</strong> unanticipated receipts. All funds shall be budgeted <strong>and</strong>accounted for in a manner that will provide clear <strong>and</strong> complete information <strong>and</strong> accountability ona state fiscal year basis.Applications for Intrastate <strong>and</strong> Non-state Funds<strong>State</strong> departments must notify the Governor, through <strong>OSBM</strong>, when submitting grant requests t<strong>of</strong>ederal organizations when such grants may impose upon the <strong>State</strong> a substantial obligation nowor in the future. This notification is not required for continuation project grants <strong>and</strong> formulagrants that are included in the department’s certified budget, or for interdepartmental grantsinvolving the transfer <strong>of</strong> funds between agencies within the same department.Indirect CostsProcedures described for federal funds are applicable for intrastate <strong>and</strong> non-state funds that areeligible for indirect cost.Disbursement <strong>of</strong> Special AppropriationsSpecial Appropriation DefinitionSpecial appropriations are funds appropriated from the General Fund by the General Assemblyto supplement the budgets <strong>of</strong> local governments <strong>and</strong> nonpr<strong>of</strong>it corporations for regional <strong>and</strong>statewide programs in the areas <strong>of</strong> human services, education, cultural activities, fire protection,community development, <strong>and</strong> economic development. Funds are either appropriated from thestate’s General Fund directly to the non-state agency for the purpose <strong>of</strong> transfers to the non-stateagency or appropriated to a state agency for transfer to a non-state agency. If the appropriationis a direct appropriation, the funds are budgeted as (certified) in the Special AppropriationsReserve in the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. If the appropriation is made to a stateagency, funds are budgeted (certified) in that agency’s operating budget code.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 103Special Appropriations Letter to RecipientAfter the appropriation is made, a letter should be sent by the agency in which funds arebudgeted to the recipient organization stating that the General Assembly has appropriated fundsto the organization <strong>and</strong> the purpose for which the funds are to be expended. Specialappropriations can only be expended for the authorized projects <strong>and</strong> purposes specified in theappropriating legislation.Request <strong>of</strong> Payment <strong>of</strong> Appropriation FormIncluded with the letter to the recipient organizations should be a “Request for Payment <strong>of</strong>Appropriation” form which must be filled out completely <strong>and</strong> notarized by the recipientorganization (see example). The form should specify the recipient, amount, <strong>and</strong> purpose <strong>of</strong> theappropriation. Any matching requirements or other restrictions imposed by the GeneralAssembly should also be specified. The following additional information should be attached tothe “Request for Payment <strong>of</strong> Appropriations” form:• Charter• By-laws• List <strong>of</strong> board members <strong>and</strong>• Tax-exemption letters.Upon return <strong>of</strong> the requested information <strong>and</strong> successful review by the appropriate stateagencies, disbursements can be made. Before disbursement is made, <strong>OSBM</strong> may requirerecipients <strong>of</strong> special appropriations to supply information demonstrating that the recipient iscapable <strong>of</strong> managing funds in accordance with law <strong>and</strong> has established adequate financialprocedures <strong>and</strong> controls. If, during an agency’s review <strong>of</strong> a recipient, the agency needsassistance in procuring additional information from the recipient, the state agency shouldimmediately contact their <strong>OSBM</strong> budget analyst.Below is an example <strong>of</strong> this form:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 104<strong>OSBM</strong> – 7/03REQUEST FOR PAYMENT OF APPROPRIATION(S) FROM NORTH CAROLINAGENERAL FUNDAllocation $Purpose:Part A. TO BE COMPLETED BY ALL RECIPIENTS1. Contact’s Name _____________________________ Telephone____________________2. Contact’s Position in Organization ______________________________________________3. Federal Identification Number __________________4. Kind <strong>of</strong> Organization: Corporation ____ Trust ____ Partnership ____ Government ____Unincorporated Association _____ Other _____5. Match Required: NO On a _____ to _____ basis.If matching is required, is cash match in h<strong>and</strong>? Yes _____ No _____If the required match is not in h<strong>and</strong>, by what date <strong>and</strong> from what source does theorganization expect to have the cash match?Part B. TO BE COMPLETED BY ALL NON-GOVERNMENTAL RECIPIENTS1. Please enclose the following:a. Articles <strong>of</strong> Incorporation <strong>and</strong> by-laws, trust indenture, partnership agreement, etc.b. List <strong>of</strong> Board <strong>of</strong> Directors/Trustees.c. Letters <strong>of</strong> tax exempt status from the Internal Revenue Service.d. Notarized Policy addressing conflicts <strong>of</strong> interest.Part C. TO BE COMPLETED BY ALL RECIPIENTS. FORM MUST BE NOTARIZED____________________________________Signature <strong>of</strong> individual making request_________________________________Notary Public (<strong>of</strong>ficial seal)_________________________________Date Notarized


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 105Conflict <strong>of</strong> Interest <strong>State</strong>ment RequirementsSpecial appropriations recipients must file a notarized copy <strong>of</strong> the organization’s policyaddressing conflicts <strong>of</strong> interest when requesting funds. For additional information see 1999Session Laws, Chapter 237, Section 7.5.Special Appropriations - DisbursementsPursuant to G.S. 143-26(b) <strong>and</strong> the <strong>State</strong>’s Cash <strong>Management</strong> Plan, the Director <strong>of</strong> the <strong>Budget</strong>has discretion to disburse annual special appropriations totaling more than $100,000 on aquarterly or monthly basis. Annual special appropriations <strong>of</strong> $100,000 or less shall be paid in asingle payment unless provided otherwise by <strong>State</strong> or federal law.Special Appropriations Reporting to the <strong>State</strong> AuditorPursuant to G.S. 143-6.1, a state agency that disburses a special appropriation to a non-stateagency must identify the recipient to the <strong>State</strong> Auditor. Recipient organizations that receive, use,or expend between $15,000 <strong>and</strong> $300,000 in state funds annually must file annually a swornaccounting <strong>of</strong> receipts <strong>and</strong> expenditures with the state agency that disbursed the funds. Eachstate agency should develop a format for these accountings <strong>and</strong> obtain the <strong>State</strong> Auditor’sapproval <strong>of</strong> the format. Recipient organizations that receive, use, or expend $300,000 or more in<strong>State</strong> funds annually must file annually a financial statement in the form <strong>and</strong> in the scheduleprescribed by the <strong>State</strong> Auditor with the <strong>State</strong> Auditor.Special Appropriations Subject to Matching RequirementsSpecial appropriations subject to a matching requirement should be disbursed <strong>and</strong> expended inaccordance with G.S. 143-31.4, non-state match restrictions.Letter <strong>of</strong> DisbursementA letter <strong>of</strong> disbursement should accompany each check sent to a recipient organization. Theletter <strong>of</strong> disbursement should outline all reporting <strong>and</strong> spending requirements associated with thespecial appropriation.Issuance <strong>of</strong> Warrants RequirementsPursuant to G.S. 143-3.2(a), all warrants issued for non-state entities shall be delivered by theappropriate agency to the entity’s legally designated recipient by United <strong>State</strong>s mail or itsequivalent, including electronic funds transfer.Administrative Procedure ActProcedures for Fiscal NotesAdministrative Procedure Act--Permanent Rule Providing for the Expenditure or Distribution <strong>of</strong><strong>State</strong> Funds <strong>and</strong> Local Funds <strong>and</strong> Substantial Economic Impact.Note: Copies <strong>of</strong> these procedures <strong>and</strong> fiscal note form (<strong>OSBM</strong> 4 Revised) can be downloadedfrom the Internet at the following address: http://www.osbm.state.nc.us/osbm/econ.html.Purpose


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 106The Administrative Procedure Act, Chapter 150B <strong>of</strong> the General Statutes, establishes basicprocedural requirements for the adoption, amendment, or repeal <strong>of</strong> permanent administrativerules. Compliance with the following procedures will satisfy the minimum requirements <strong>of</strong>Chapter 150B <strong>and</strong> the policies <strong>of</strong> the Director <strong>of</strong> the <strong>Budget</strong>.When developing fiscal notes, keep in mind that the Governor’s <strong>Office</strong>, the General Assembly,<strong>and</strong> affected public <strong>and</strong> private parties are the intended audiences for this information. Fiscalnotes need to be concise, clear, <strong>and</strong> should explain any technical jargon in layman’s terms.DefinitionsThe following definitions apply to rules contained in this section:• “Agency" means any institution, board, commission, bureau, department, division,council, or <strong>of</strong>ficer <strong>of</strong> the state, but does not include any agency in the legislature orjudicial branch <strong>of</strong> state or local government. (See G.S. 150B-2(1a)) for furtherdescription).• "Rule" means each agency regulation, st<strong>and</strong>ard, or statement <strong>of</strong> general applicability thatimplements or interprets laws enacted by the General Assembly or Congress, or amendsor repeals a prior rule. Agencies administering federal grants or other programsinvolving regulations or requirements established by agencies other than the expendingdepartment are advised to consider adoption by reference, in establishing agencyadministrative procedures. (See G. S. 150B-2(8a) for further clarification).• "<strong>State</strong> funds" are any <strong>and</strong> all moneys appropriated by the General Assembly <strong>of</strong> NorthCarolina, or moneys collected by or for the <strong>State</strong>, or any agency there<strong>of</strong>, pursuant to theauthority granted in any <strong>of</strong> its laws (G. S. 143-1).• "Local funds" are receipts from nonfederal <strong>and</strong> non-state governmental units <strong>and</strong> publicinterest organizations including county <strong>and</strong> city funds, third party matching funds, <strong>and</strong> inkindcontributions.• "Fiscal note" means a realistic five-year estimate <strong>of</strong> a proposed rule change’s impact onthe following:• The expenditures or distribution <strong>of</strong> state funds subject to the Executive <strong>Budget</strong>Act.• The expenditures or revenues <strong>of</strong> a unit <strong>of</strong> local government.• All persons affected within the state totaling at least $5,000,000 over a 12-monthperiod (substantial economic impact).• "Responsible agency fiscal <strong>of</strong>ficer" is the person designated by the department to certifythat the agency has prepared an accurate impact certification or fiscal note.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 107• "Substantial Economic Impact" means an aggregate financial impact on all personsaffected <strong>of</strong> at least five million dollars ($5,000,000) in a 12-month period.• "Person" means any natural person, partnership, corporation, body politic,unincorporated association, organization, or society that may sue or be sued under acommon name.Agency Submission to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>Procedures - <strong>State</strong> <strong>and</strong> Local Fiscal Notes, Substantial Economic Impact Fiscal NotesBefore publishing the text <strong>of</strong> a permanent rule change that affects state funds, local funds, or theprivate sector (See G.S. 150B-21.4 for further clarification), an agency should submit thefollowing items to the Economic Analysis Section in <strong>OSBM</strong>:• A copy <strong>of</strong> the proposed rule.• A fiscal note.• Any spreadsheets or formulas used in calculations.• A citation to the federal law requiring or pertaining to the proposed rule, if applicable.General Guidelines to Follow in Preparing Fiscal Notes• Include estimates <strong>of</strong> additional costs related to the change (increase or decrease) in thenumber <strong>of</strong> state, local government, <strong>and</strong> private sector parties that will be affected orserved.• Include inflationary increases as allowed in the preparation <strong>of</strong> the biennial state budget(see the current <strong>Budget</strong> Preparation Instructions).• Include additional capital costs (including leases) along with costs <strong>of</strong> special equipment<strong>and</strong> related costs.• Include operating costs <strong>of</strong> new facilities to be completed in the five-year period.• Include the phase-in costs <strong>of</strong> new programs. Specifically include all ongoing rulecompliance <strong>and</strong> enforcement costs incurred by state or local government organizationsover a five-year period.• Include adjustments for one-time costs in one specific year. Specifically include anyone-time expenditures for rule implementation including staff time, expenditures relatedto educate <strong>and</strong> inform persons affected by the rule change, development <strong>of</strong> a database,computers, etc..• Include known rate increases in Social Security, retirement, postage, etc.• Exclude anticipated salary increases.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 108Substantial Economic Impact Fiscal NotesIf an agency has determined that a proposed permanent administrative rule change has asubstantial economic impact, it can choose to submit a fiscal note prepared internally to theEconomic Analysis Section in <strong>OSBM</strong> for review. Alternatively, the agency may request that<strong>OSBM</strong> prepare a fiscal note for the proposed permanent rule. If the agency is not sure whether aproposed rule will have a substantial economic impact when implemented, the agency mayrequest that <strong>OSBM</strong> prepare the fiscal note.<strong>OSBM</strong> must review a substantial economic impact fiscal note prepared by an agency within 14days <strong>and</strong> either approve the note or inform the agency in writing <strong>of</strong> the reasons why the note isbeing denied. After addressing <strong>OSBM</strong>’s concerns, the agency must re-submit the revised fiscalnote to <strong>OSBM</strong>. After receiving a written request from an agency, <strong>OSBM</strong> has 90 days to preparethe substantial economic impact fiscal note. (See G.S. 150B-21.4(b1) for further clarification).Preparing the Fiscal Note form (<strong>OSBM</strong> 4 Revised)The fiscal note form (<strong>OSBM</strong> 4 Revised) accompanies the <strong>Office</strong> <strong>of</strong> Administrative Hearings’(OAH) “Notice <strong>of</strong> Text” form when an agency publishes the text <strong>of</strong> a proposed rule change. Ifthe agency submits more than one rule on the Notice <strong>of</strong> Text form, the fiscal note must containthe estimated combined fiscal impact <strong>of</strong> all rules. Following are directions to complete the fiscalnote form.Item I:Item II:Item III:Item IV:Item V:Item VI:Record the name <strong>of</strong> the agency or division promulgating the rule change(s).Record the general topic or subject area the rule change(s) covers.Identify whether the rule(s) being submitted affects state funds, local funds, theprivate sector, has a substantial economic impact, or has no fiscal impact.If the rule(s) being submitted does not require a fiscal note as outlined in G.S.150B-21.4 (i.e., does not affect state or local funds or does not have a substantialimpact), the agency should attach a brief explanation <strong>of</strong> how this conclusion wasreached. The agency fiscal <strong>of</strong>ficer must then sign Item XII A to certify that n<strong>of</strong>iscal note is required. No signature from <strong>OSBM</strong> is needed.Record the increase or decrease in the amount <strong>of</strong> state funds to be expended or thechange in the distribution <strong>of</strong> funds by fiscal year <strong>and</strong> by funding source (state,federal, <strong>and</strong> other). Any savings to the state should be enclosed in parentheses ( ).Record the increase or decrease in local government expenditures or revenues byfiscal year <strong>and</strong> source (local, federal, other). Local government revenue decreasesshould be treated as expenditures. Any savings to local governments should beenclosed in parentheses ( ).


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 109Item VII: Record the increase in expenditures or savings that the private sector will realizewhen the rule change(s) is implemented.Item VIII:Item IX:Record the total impact <strong>of</strong> the rule on state agencies, local governments, <strong>and</strong> theprivate sector. The totals should represent the absolute value <strong>of</strong> all fiscal impacts.For instance, the total impact <strong>of</strong> a rule change(s) that saves the private sector $5million <strong>and</strong> costs the state $5 million would be $10 million not zero.Complete the following information if the rule change(s) affects state or localfunds:• Methodology. Explain how the amounts are calculated. Cite any datasources that are used in the calculations. Describe any assumptions thatare made in estimating the impact <strong>of</strong> the rule change. Describe both theunit cost <strong>and</strong> statewide cost. One example <strong>of</strong> unit <strong>and</strong> statewideexpenditures follows:• The statewide cost can be calculated by multiplying the unit costby the number <strong>of</strong> persons affected – average inspection costs <strong>of</strong>$500 x 1,000 expected inspection equals a $500,000 totalstatewide cost.• Program Impacts. Explain how the rule change(s) impacts the programfrom a fiscal perspective, such as an increase or decrease in personsserved, duration <strong>of</strong> service, etc.• Explain if funds are currently budgeted by fund <strong>and</strong> code number or if abudget revision is needed.Item X:Complete the following information if the rule change(s) has a substantialeconomic impact:• Describe <strong>and</strong> estimate the number <strong>of</strong> persons affected by the proposed rulechange. Specifically describe the state agencies, local government units,<strong>and</strong> private sector parties affected by the rule change. Specify who willbear the costs or expenditures <strong>of</strong> rule compliance <strong>and</strong> who will benefitfrom the rule change. Describe the overall number <strong>of</strong> <strong>and</strong> types <strong>of</strong> partiesaffected, <strong>and</strong> include significant or distinguishing characteristics about theaffected parties (i.e., Does the rule change impact urban or ruralpopulations, coastal or mountain regions, individuals who possess certainsocioeconomic characteristics, elderly or young?). When exact numbers <strong>of</strong>those affected are difficult to determine, high <strong>and</strong> low ranges areacceptable.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 110• Describe <strong>and</strong> estimate the type <strong>of</strong> expenditures/savings that personsaffected by the proposed rule change would have to make to comply withthe rule change. Concentrate on estimating direct expenditures/savingsrealized by affected parties as a result <strong>of</strong> the rule change over five years.Examples <strong>of</strong> direct costs include: increases/decreases in license/permitting/user fees <strong>and</strong> charges, increases/decreases in paperwork costs,additional staff, etc. Indirect impacts are not required in the analysis.Indirect impacts include effects on employment, effects on competition,<strong>and</strong> other less tangible costs. Agencies should estimate averagecompliance costs. If it is difficult to pinpoint the average compliance cost,agencies should include a high <strong>and</strong> low range <strong>of</strong> direct expenditures. Theagency should include both the unit cost <strong>and</strong> statewide cost in the number<strong>of</strong> persons who will be affected as a result <strong>of</strong> the rule change (e.g., thestatewide cost can be calculated by multiplying the unit cost by thenumber <strong>of</strong> persons affected---$1,000 inspection fee x 5,500 affectedbusinesses equals a $5,500,000 total statewide cost).• Describe the purpose <strong>and</strong> benefits <strong>of</strong> the proposed rule. Describe why therule change is being proposed, the intended effects, <strong>and</strong> anticipatedchanges in behavior by affected parties. Clearly describe the expectedimprovement in public health, safety, or welfare expected by the rulechange as compared to the status quo.• Methodology. Explain how the amounts are calculated if not previouslydescribed in Item IX. Cite any data sources that are used in thecalculations. Describe any assumptions that are made in estimating theimpact <strong>of</strong> the rule change. Describe both the unit cost <strong>and</strong> statewide cost.Item XI:Item XIICheck one <strong>of</strong> the three boxes listed to identify whether the impact certification orfiscal note have been prepared by the agency, <strong>OSBM</strong>, or jointly.Required Signatures.• The agency’s fiscal <strong>of</strong>ficer signs in box one if the rule change(s) does notrequire a fiscal note as outlined in G.S. 150B-21.4. The agency fiscal<strong>of</strong>ficer also signs in box one if the rule change(s) affects state or localfunds or has a substantial economic impact. The fiscal <strong>of</strong>ficer’s signaturecertifies that he believes the estimate is accurate. If the rule change affectsstate funds, the fiscal <strong>of</strong>ficer’s signature certifies that state funds are, orwill be, available to cover the cost <strong>of</strong> implementing the rule(s). If the rulechange(s) affects local funds, the fiscal <strong>of</strong>ficer’s signature also certifiesthat local government representatives have been contacted about the fiscalimpact <strong>of</strong> the proposed rule (See G.S. 150B-21c for further clarification).


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 111• The Director <strong>of</strong> the <strong>Budget</strong> signs in the second box if the rule change(s)affects state or local funds. His signature certifies that he believes theestimate is accurate <strong>and</strong> that state funds are, or will be, available to coverthe cost <strong>of</strong> implementing the proposed rule change(s). His signature alsocertifies that he has reviewed the rule change(s) impact on localgovernments.• If the rule change has a substantial economic impact, the Director <strong>of</strong> the<strong>Budget</strong> signs in the third box once he has reviewed the estimate <strong>and</strong>believes it to be accurate.Procedures for Responding to Agency Submissions<strong>OSBM</strong> shall review all materials received.• If the fiscal note is complete, the Economic Analysis Section will notify the departmentby sending the signed copy <strong>of</strong> the form to the designated agency contact. The departmentis responsible for submitting the approved fiscal note to OAH for publication in TheNorth Carolina Register.• If additional information is required to evaluate the proposed rule change, <strong>OSBM</strong> willcontact the agency.• If the estimate on the fiscal note is revised prior to submission to OAH, or if the proposedrule is denied <strong>and</strong> additional or revised data are requested <strong>and</strong> prepared for presentation,the fiscal note must be reviewed again by <strong>OSBM</strong> <strong>and</strong> a new signature obtained.Summary Procedures For Submitting Fiscal Notes To <strong>OSBM</strong>The following procedures are established to submit fiscal notes to <strong>OSBM</strong>. They correspond withthe revised <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong> guidelines that comply with Executive Order No. 49 <strong>and</strong> adhereto the policies established in G.S. 150B-21.4.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 112ResponsibilityAgency Fiscal <strong>Office</strong>r <strong>and</strong>/orDesignated Agency ContactEconomic Analysis Section in<strong>OSBM</strong>Agency Fiscal <strong>Office</strong>r <strong>and</strong>/orDesignated Agency ContactActionCompletes fiscal note form (<strong>OSBM</strong> 4 Revised)<strong>and</strong> attachments needed to support the rule <strong>and</strong>the fiscal note. Signs the fiscal note form <strong>and</strong>forwards to the Economic Analysis Section <strong>of</strong><strong>OSBM</strong>.Receives signed form (<strong>OSBM</strong> 4 Revised) <strong>and</strong>attachments. Reviews <strong>and</strong> determines ifadditional information is needed. Requestsmore documentation if needed. Approves orrejects the fiscal note. If approved, signs theform, makes a copy <strong>of</strong> the form, <strong>and</strong> returns theoriginal <strong>and</strong> attachments to the agency fiscal<strong>of</strong>ficer or designated contact.Receives approved form (<strong>OSBM</strong> 4 Revised)<strong>and</strong> attachments from <strong>OSBM</strong>. Reviews <strong>and</strong>forwards to the <strong>Office</strong> <strong>of</strong> AdministrativeHearings for publication in The North CarolinaRegister. If requested, prepares additionaldocumentation for <strong>OSBM</strong>.<strong>Office</strong> <strong>of</strong> Administrative Hearings Reviews paperwork <strong>and</strong> approves forpublication if information is in order <strong>and</strong> meetsthe requirements <strong>of</strong> the <strong>Office</strong> <strong>of</strong>Administrative Hearings. Publishes rule(s).Final fiscal note <strong>and</strong> documentation forwardedto <strong>OSBM</strong> for filing.Economic Analysis Section in<strong>OSBM</strong>Maintains a file series <strong>of</strong> fiscal notes bydepartment/division/rule citation number.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 113Procedures for Annual ReportDuties <strong>of</strong> <strong>OSBM</strong>: Compiling an “Annual Summary <strong>of</strong> Projected Fiscal impact on LocalGovernments” <strong>of</strong> rules adopted during the preceding fiscal year according to G.S. 150B-21.28.Note: Copies <strong>of</strong> these procedures <strong>and</strong> forms can be downloaded from the Internet at thefollowing address: http://www.osbm.state.nc.us/osbm/econ.html.PurposeG.S. 150B-21.28 directs <strong>OSBM</strong> to compile an annual summary <strong>of</strong> the projected fiscal impact onlocal governments <strong>of</strong> state administrative rules adopted during the preceding fiscal year. <strong>OSBM</strong>provides a copy <strong>of</strong> this report to the Governor, the General Assembly, the North CarolinaAssociation <strong>of</strong> County Commissioners, <strong>and</strong> the North Carolina League <strong>of</strong> Municipalities byMarch 1 <strong>of</strong> each year.<strong>Office</strong> <strong>of</strong> Administrative Hearings Sends Fiscal Notes <strong>and</strong> Notice <strong>of</strong> Text forms to <strong>OSBM</strong>The <strong>Office</strong> <strong>of</strong> Administrative Hearings (OAH) submits agency fiscal notes <strong>and</strong> theaccompanying Notice <strong>of</strong> Text forms (OAH-0305) to <strong>OSBM</strong> after the permanent rules arepublished in The North Carolina Register.Draft Summary Report Preparation by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>Each month, a state budget economist will take relevant information from the fiscal notes <strong>and</strong>“Notice <strong>of</strong> Text” forms <strong>and</strong> enter it into a database. During November <strong>of</strong> each year, the staffeconomist will use the database to prepare a draft summary report that lists all rules agenciesadopted during the preceding fiscal year <strong>and</strong> the anticipated costs/savings associated with localgovernments’ implementation <strong>of</strong> the rules.<strong>OSBM</strong> will send a draft <strong>of</strong> the summary report to the designated agency rule-making coordinatorfor review <strong>and</strong> verification by December 1 <strong>of</strong> each year. If the agency adopted a rule that is notlisted in <strong>OSBM</strong>’s draft summary report, the rule-making coordinator will need to complete the<strong>OSBM</strong> 2 form “Annual Summary Report <strong>of</strong> the Projected Fiscal Impact on Local Governments.”The rule-making coordinator must submit the revised summary report to <strong>OSBM</strong> no later thanFebruary 1 <strong>of</strong> each year. If no revisions are needed, the rule-making coordinator must note thison the summary report <strong>and</strong> return it to <strong>OSBM</strong>.Procedures for completing <strong>OSBM</strong> 2 are as follows:Record the name <strong>of</strong> the department. Record the date that the form was submitted to <strong>OSBM</strong>.Column 1.Column 2.Column 3.Column 4.Record the name <strong>of</strong> the division adopting the rule.Record the rule citation number(s) that impact local governments.Briefly describe the rule, in particular the reason it will impact local governments.Record the date the rule was adopted, i.e., the date the agency “took final action”on the rule <strong>and</strong> submitted it to the Rules Review Commission.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 114Column 5.Column 6.Column 7.Column 8.Column 9.Column 10.Column 11.Column 12.Record the effective date <strong>of</strong> the rule, i.e., either proposed date or actual.Record the projected total cost/savings to local governments in the first fiscal year<strong>of</strong> the rule.Record the projected total cost/savings to local governments in the second fiscalyear <strong>of</strong> the rule.Record the projected total cost/savings to local governments in the third fiscalyear <strong>of</strong> the rule.Record the projected total cost/savings to local governments in the fourth fiscalyear <strong>of</strong> the rule.Record the projected total cost/savings to local governments in the fifth fiscalyear <strong>of</strong> the rule.Record whether the rule is required by federal law (simply record the federal lawcitation).Record the agency contact that is responsible for the rule <strong>and</strong> his phone number.NOTE: The projected cost/savings should be taken from Section 4 <strong>of</strong> OAH-0305 fiscal noteform. All local funds projections represent the agency’s <strong>and</strong> local government’s best estimate <strong>of</strong>the projected costs/savings to the local units.Final Summary Report Preparation by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong><strong>OSBM</strong> will then revise the information in the database as needed <strong>and</strong> prepare a final report"Annual Summary <strong>of</strong> the Projected Fiscal Impact on Local Governments <strong>of</strong> Rules Adoptedduring the Preceding Fiscal Year." <strong>OSBM</strong> will provide a copy <strong>of</strong> the final report to theGovernor, the General Assembly, the North Carolina League <strong>of</strong> Municipalities, <strong>and</strong> the NorthCarolina Association <strong>of</strong> County Commissioners by March 1 <strong>of</strong> each year. Each department willreceive a copy <strong>of</strong> the report.Summary Procedures For Preparing The Annual ReportThe following procedures are established to prepare the “Annual Summary Report” incompliance with G.S. 150B-21.28. The form can be found here.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 115ResponsibilityActionOAH<strong>OSBM</strong><strong>OSBM</strong>Department/Division<strong>OSBM</strong><strong>OSBM</strong><strong>OSBM</strong>Sends fiscal notes <strong>and</strong> “Notice <strong>of</strong> Text” forms to <strong>OSBM</strong>after the text <strong>of</strong> permanent rules are published in the NorthCarolina Register.Inputs relevant information from the fiscal notes <strong>and</strong>“Notice <strong>of</strong> Text” forms into a database.Prepares a draft summary report <strong>of</strong> rules impacting localgovernment budgets <strong>and</strong> sends to the designated agencyrule-making coordinator for review <strong>and</strong> edit by December 1<strong>of</strong> each year.Agency rule-making coordinator reviews summary <strong>and</strong>notes corrections. Completes OSBPM 2 for rules notrecorded on summary. Returns edited summary to <strong>OSBM</strong>by February 1 <strong>of</strong> each year.Receives report from the department/division <strong>and</strong>, ifnecessary, revises information in database.Prepares the final report "Annual Summary <strong>of</strong> the ProjectedImpact on Local Governments <strong>of</strong> Rules Adopted Duringthe Preceding Fiscal Year.”Submits the final report to the Governor, the GeneralAssembly, the North Carolina League <strong>of</strong> Municipalities,<strong>and</strong> the North Carolina Association <strong>of</strong> CountyCommissioners by March 1 <strong>of</strong> each year. Submits a copy<strong>of</strong> the report to the department.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 116Schedule for Anticipated Rule ActionsPurposeG.S. 150B-21.28 directs the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> to compile a schedule <strong>of</strong>state administrative rule actions to be proposed in the upcoming fiscal year that will have a fiscalimpact on local government budgets. <strong>OSBM</strong> is to provide a copy <strong>of</strong> the schedule to theGovernor, the General Assembly, the North Carolina Association <strong>of</strong> County Commissioners, <strong>and</strong>the North Carolina League <strong>of</strong> Municipalities by March 1 <strong>of</strong> each year.Note: Copies <strong>of</strong> these procedures <strong>and</strong> forms can be downloaded from the Internet at thefollowing address: http://www.osbm.state.nc.us/osbm/econ.html.Survey <strong>of</strong> Anticipated Rule Actions<strong>OSBM</strong> will send the “Schedule <strong>of</strong> Anticipated Rule Actions” form (<strong>OSBM</strong> 3) to eachdepartment’s designated rule-making coordinator by December 1 <strong>of</strong> each year. The rule-makingcoordinator must list all the rule actions that the agency anticipates proposing in the upcomingfiscal year that will have a fiscal impact on local government budgets. The rule-makingcoordinator must submit completed forms to <strong>OSBM</strong> no later than February 1 <strong>of</strong> each year.Agencies that do not plan to propose any rules in the upcoming fiscal year that will impact localgovernment must note this on the form <strong>and</strong> return it to <strong>OSBM</strong>.Procedures for completing <strong>OSBM</strong> 3 form are as follows:• Record the name <strong>of</strong> the department.• Record the date that the form was submitted to <strong>OSBM</strong>.Column 1.Column 2.Column 3.Column 4.Column 5.Column 6.Record the name <strong>of</strong> the division adopting the rule.Record the proposed rule citation number(s) (if known) impacting localgovernments.Briefly describe the rule, in particular the reason it will impact localgovernments.Record the proposed reason for adopting the rule. The reason for theaction can be summarized by recording an AD for a new rule, an A for anexisting rule that is amended, <strong>and</strong> an R for a rule to be repealed.Record whether the rule is required by federal law (simply record thefederal law citation).Record the name <strong>of</strong> the contact person who is responsible for the rule <strong>and</strong>his phone number.Summary <strong>of</strong> Anticipated Rule Actions


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 117<strong>OSBM</strong> will use information from the <strong>OSBM</strong> 3 forms to compile a list <strong>of</strong> rules that agenciesanticipate proposing in the upcoming fiscal year that will impact local government budgets.<strong>OSBM</strong> will send copies <strong>of</strong> the report to the Governor, the General Assembly, the North CarolinaAssociation <strong>of</strong> County Commissioners, <strong>and</strong> the North Carolina League <strong>of</strong> Municipalities byMarch 1 <strong>of</strong> each year.Summary Procedures For Preparing The Schedule <strong>of</strong> Anticipated Rule Actions ProposedIn The Upcoming Fiscal Year That Will Impact Local GovernmentsThe following procedures are established to prepare the “Schedule <strong>of</strong> Anticipated Rule Actions”in compliance with G.S. 150B-21.28. This form can be found here.Responsibility<strong>OSBM</strong>Department/Division<strong>OSBM</strong>ActionSends a copy <strong>of</strong> the “Schedule <strong>of</strong> Anticipated RuleActions” form (<strong>OSBM</strong> 3) to the designated agency rulemakingcoordinator by December 1 <strong>of</strong> each year. Includesinstructions <strong>and</strong> examples <strong>of</strong> how to complete the form.The agency rule-making coordinator completes the“Schedule <strong>of</strong> Anticipated Rule Actions” form (<strong>OSBM</strong> 3)<strong>and</strong> submits it to <strong>OSBM</strong> no later than February 1 <strong>of</strong> eachyear. The form may be submitted in hard copy orcomputer disk format.Prepares a final report. Submits the final report to theGovernor, the General Assembly, the North CarolinaLeague <strong>of</strong> Municipalities, <strong>and</strong> the North CarolinaAssociation <strong>of</strong> County Commissioners by March 1 <strong>of</strong>each year. Submits a copy <strong>of</strong> the report to the department.Community Resource Information System (CRIS)An on-line system has been developed for collecting <strong>and</strong> indexing the information needed topublish this catalog. <strong>OSBM</strong> maintains this system, known as the Community ResourceInformation System (CRIS). <strong>State</strong> agencies must provide information about their grant-in-aidprograms for a grant-in-aid catalog that will be compiled <strong>and</strong> published annually by <strong>OSBM</strong>(N.C. Session Laws, 1994, Chapter 769, Sec. 8.4).For the purposes <strong>of</strong> the grant-in-aid catalog, grant-in-aid programs are defined as funds providedby the <strong>State</strong> <strong>of</strong> North Carolina in the form <strong>of</strong> grants, loans, or subsidies to local governments,non-state organizations, or directly to individual recipients for the conduct <strong>and</strong> administration <strong>of</strong>programs at the local level <strong>and</strong> for individuals as end-recipient users or beneficiaries. To beincluded in this catalog, the funds identified must be budgeted at the same level, including tax<strong>and</strong> non-tax revenues, agency receipts, <strong>and</strong> federal funds.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 118All agencies must submit grant-in-aid program information to CRIS no later than December 31<strong>of</strong> each fiscal year. If the agency does not administer grant-in-aid programs required under thisproject, please contact <strong>OSBM</strong> with that information by December 31.Information about CRIS <strong>and</strong> assistance with the on-line system may be obtained from the CRISCoordinator, in <strong>OSBM</strong> including registration <strong>of</strong> contacts, demonstrations, training, <strong>and</strong>passwords required for entering data into CRIS. Contacts may be registered on-line bycompleting the registration form available on the Internet athttp://www.cris.state.nc.us/register.html.Calendar <strong>of</strong> Reporting RequirementsReport Title Submitted by Due Date/Frequency ReferenceMonthly <strong>Budget</strong> ReportChief Fiscal<strong>Office</strong>r/ <strong>Budget</strong><strong>Office</strong>rTenth working day <strong>of</strong>each monthG. S. 143-6Quarterly AllotmentChief Fiscal<strong>Office</strong>r/ <strong>Budget</strong><strong>Office</strong>rTwenty days beforethe beginning <strong>of</strong> thequarter under requestG. S. 143-17Any InformationRequested by the Director<strong>of</strong> the <strong>Budget</strong>.All agencies eitherreceiving or askingfor financial aidfrom the state; orreceiving orcollecting fundsunder the authority<strong>of</strong> any general law<strong>of</strong> the state.On or by Sept 1 <strong>of</strong>even-numbered yearsG. S. 143-6Certification <strong>of</strong> MailingLists <strong>of</strong> Each PublicDocumentDepartment Heads On or by July 1 G. S. 143-169.1Survey <strong>of</strong> FeesChief Fiscal <strong>Office</strong>r<strong>Budget</strong> <strong>Office</strong>rSeptember 30, <strong>of</strong> yearpreceding long sessionG. S. 143-11Duty Station Designation Department Head By second week <strong>of</strong>DecemberG. S. 138.6(a)(3)Annual Report ListingCommittees or CouncilsCommittee/Council<strong>and</strong> DepartmentHeadsBy March 31


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 119Review <strong>of</strong> DepartmentForms <strong>and</strong> ReportsReport on AdministrativeRules that Affect LocalGovernmentAgency OrganizationalChartCommunity ResourceInformation SystemRequest for Repair <strong>and</strong>Renovations ProjectsDepartment Head Three year cycle G. S. 143-10.7Department Head By March 1 G. S. 150B-21.28Department Head By August 1Department Head By December 31 Session Laws,1994 Ch. 769,s. 8.4Chief Fiscal <strong>Office</strong>r August 1 G. S. 143-15.3ASummer School Accounting <strong>and</strong> Reporting Guidelines - HigherEducational InstitutionsAdaptation <strong>of</strong> Academic Calendar to Fiscal Year For <strong>Budget</strong> ReportingBecause <strong>of</strong> the variability in the number, length, <strong>and</strong> scheduling <strong>of</strong> individual summer sessions,all <strong>of</strong> the various summer sessions within a fiscal year, will be determined by the date a sessionends, <strong>and</strong> will comprise a Summer School for budgetary <strong>and</strong> reporting purposes.All Full Time Equivalent students for a summer session <strong>and</strong> all expenditures <strong>and</strong> revenue for thatsession must be accounted for <strong>and</strong> reported in the fiscal year in which the session is completed.Under the academic calendar currently in effect at most institutions, the traditional first session<strong>of</strong> a Summer School is completed in the fiscal year just closing <strong>and</strong> the traditional second session<strong>of</strong> a Summer School is completed shortly after the beginning <strong>of</strong> a new fiscal year. Using the datea session is completed to determine the fiscal year in which the actual expenditures, receipts <strong>and</strong>statistical data are accounted for <strong>and</strong> reported will result in "split session" accounting <strong>and</strong>reporting for the traditional Summer School.<strong>Budget</strong> reports for a fiscal year will reflect the second session <strong>of</strong> one traditional Summer School(to be completed shortly after a new fiscal year begins) <strong>and</strong> the first session <strong>of</strong> the next SummerSchool (to be completed at the close <strong>of</strong> a fiscal year).Transfer <strong>of</strong> Advances (Revenue Collections)Any revenue collected at the close <strong>of</strong> a fiscal year as advanced payment <strong>of</strong> tuition <strong>and</strong> fees forthe summer session that begins in a succeeding fiscal year <strong>and</strong> encumbered expenses to includepayroll must be transferred to the new fiscal year. Institutions must request authority for thetransfer from <strong>OSBM</strong> on budget revision (BD 606).


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 120UNC Chart <strong>of</strong> Accounts Memor<strong>and</strong>um No. 5 <strong>and</strong> No. 18 contains additional information aboutaccounting for <strong>and</strong> reporting statistical data, expenditures, <strong>and</strong> revenue for Summer School.Regulations Regarding Indirect Costs Reimbursement From Federal GrantsMost federal grants allow for reimbursement <strong>of</strong> administrative overhead costs relative to themanagement <strong>and</strong> execution <strong>of</strong> the grant. This allowance is referred to as indirect cost. <strong>State</strong>agencies are responsible for acquiring approved indirect cost proposals, including the approvedrates in their grant applications, <strong>and</strong> budgeting the indirect cost receipts.Regulations are to cover four stages <strong>of</strong> the reimbursement process:• The preparation <strong>of</strong> indirect cost proposals.• The inclusion <strong>of</strong> indirect costs in application for federal grants.• The budgeting <strong>of</strong> indirect cost receipts.• The reporting <strong>of</strong> reimbursements actually received from indirect costs.Indirect Cost ProposalsAn indirect cost proposal should be prepared annually by each constituent institution unless thecognizant federal agency specifies another time interval. This proposal should be prepared inaccordance with OMB Circular A-21.A copy <strong>of</strong> the final negotiation agreement between the cognizant federal agency <strong>and</strong> theinstitution should be available for inspection at the institution. A summary explanation <strong>of</strong> anydifferences between the proposal <strong>and</strong> approved rates should accompany the agreement copy.Indirect Cost To Be Included In Federal Grant RequestsThe chief fiscal <strong>of</strong>ficer will be responsible for assuring that full indirect costs are claimed oneach federal grant or contract application, except those specifically excluded by <strong>OSBM</strong>.Requests for exemptions should be communicated in writing through department fiscal <strong>of</strong>ficers.Exemptions to claiming indirect costs in grant applications will be considered <strong>and</strong> granted by<strong>OSBM</strong> on a program-by-program basis if either <strong>of</strong> the following circumstances can bedemonstrated in writing by the agency:• Federal statutory or administrative restrictions or prohibitions <strong>of</strong> indirect costs claims.• Extraordinary circumstances exist which may jeopardize the institutions' best interest innegotiating for <strong>and</strong> receiving a federal grant.All exemptions granted will be available for inspection at the institution including those caseswhere indirect costs are formally foregone in the grant or contract application as a means <strong>of</strong>meeting cost sharing or institutional matching requirements.Reporting Requirements<strong>OSBM</strong> may need information on federal fund expenditures, indirect cost collections, <strong>and</strong> otherareas relative to federal funds. Agencies should maintain records indicating federal catalog


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 121numbers <strong>and</strong> titles, types or categories <strong>of</strong> grants, indirect cost rates, budget <strong>and</strong> expenditureamounts by state <strong>and</strong> federal fiscal years, <strong>and</strong> any other information which would be helpful inmaking requested special reports on federal funds.Students Accounts ReceivableInstitutions <strong>of</strong> higher learning should comply with the policy established by the <strong>Office</strong> <strong>of</strong> the<strong>State</strong> Controller as it related to Student Account Receivable.Maintenance <strong>of</strong> a Balanced <strong>Budget</strong>Quarterly Allotment ProcessDepartments <strong>and</strong> institution must submit to <strong>OSBM</strong> each quarter a request for an allotment <strong>of</strong> theamount estimated to carry on the agency during the ensuing quarter. Allotments may be madeon a more frequent basis as determined by the Director <strong>of</strong> the <strong>Budget</strong>.Requests for a quarterly allotment should be made for the general fund <strong>and</strong> highway fund asdirected by <strong>OSBM</strong> <strong>and</strong> submitted to the <strong>OSBM</strong> not less than twenty (20) days before thebeginning <strong>of</strong> the quarter covered by the request.An allotment account for each code is set up quarterly on the books <strong>of</strong> the <strong>Office</strong> <strong>of</strong> the <strong>State</strong>Controller. The allotment account serves as the control for the requisition <strong>of</strong> funds <strong>and</strong>represents the maximum available for the quarter.The current process <strong>of</strong> monthly allotments will continue until <strong>OSBM</strong> directs otherwise.Quarterly Allotment Request FormatAllotmentsAllotments are to be submitted reflecting only the Department, Fiscal Period, <strong>Budget</strong> Code,Estimated Total Requirements, Estimated Receipts, <strong>and</strong> Appropriation.Revisions to AllotmentDepartments <strong>and</strong> institutions may submit a request to change the authorized quarterly allotmentto <strong>OSBM</strong> for approval. All information shown below in the example must be included.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 122ALLOTMENT REVISION REQUESTDEPARTMENTCode:Fiscal Year:Subject:We respecfully request that our Quarterly Allotment for the X Quarter, FY 200X-0X berevised as follows:RevisedPreviousQuarterlyAllotment Revisions AllotmentTotal Requirements $XXX,XXX $ XX,XXX $XXX,XXXLess: Estimated Receipts XX,XXX -0- XX,XXXAllotment (Out <strong>of</strong> Appropriations) $XXX,XXX XX,XXX $XXX,XXXJustification:ALLOTMENTS - CAPITAL IMPROVEMENT PROJECTSCapital Improvement allotments are for specific projects <strong>and</strong> do not revert at the end <strong>of</strong> a quarteror fiscal year as do current operations allotments. No funds may be expended for a capitalproject without an approved allotment. No more than three allotments are required for a capitalimprovement project <strong>and</strong> these allotments should be submitted in accordance with the followingprocedures:• After a budget has been established for a capital project, the agency should then take thenecessary steps to select a designer. This selection is coordinated with the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction <strong>and</strong> the <strong>State</strong> Building Commission. Once the designer has been approved,the agency should then submit the first allotment for the project. This allotment shouldrequest the entire design fee for the project as approved by the <strong>Office</strong> <strong>of</strong> <strong>State</strong>Construction.• Unless the authority to do so has been delegated by law to an agency, after constructionbids are received on a project, the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction will review the bids <strong>and</strong>certify the low bids <strong>of</strong> qualified contractors. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> Construction will thenissue a letter to the agency head approving the award <strong>of</strong> construction contracts. Theaward-letter also details the approved design fee, the construction contingency, <strong>and</strong>available funds for movable equipment. Before the letter <strong>of</strong> award is released, it ispresented to the <strong>State</strong> <strong>Budget</strong> <strong>Office</strong>r for approval <strong>of</strong> the availability <strong>of</strong> funds. At thispoint, the agency will initiate the second allotment for the project. This allotment willdistribute into object lines the funds for all construction contracts, the balance <strong>of</strong> theconstruction contingency, <strong>and</strong> the movable equipment as reflected on the award letter. A


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 123copy <strong>of</strong> the approved allotment will be returned to the agency. Finally, funds will beavailable for expenditure on the construction contracts <strong>and</strong> movable equipment.Special Fund <strong>Budget</strong> CodesThe following are policies regarding Special Fund <strong>Budget</strong> Codes for budget presentationpurposes. Variances from policies may be allowed when, in the opinion <strong>of</strong> the agency <strong>and</strong>/or<strong>OSBM</strong>, it is in the best interest <strong>of</strong> the Executive <strong>and</strong> Legislative Branches that a budget code beprinted in the Recommended <strong>State</strong> <strong>Budget</strong>.• No Trust Fund Codes (6XXXX) will be printed in the Recommended <strong>State</strong> <strong>Budget</strong>.• No Federal Depository Fund <strong>Budget</strong> Codes (3XXXX) will be printed in theRecommended <strong>State</strong> <strong>Budget</strong>.• Special Fund <strong>Budget</strong> Codes (2XXXX) which are established only to account for moniesappropriated through a general fund or highway fund budget code will not be printed inthe Recommended <strong>State</strong> <strong>Budget</strong>.• Any Special Fund <strong>Budget</strong> Code (2XXXX) that is required by state or federal law, orwhen some special situation dictates, WILL be printed in the Recommended <strong>State</strong><strong>Budget</strong>.• Internal Service (5XXXX) <strong>and</strong> Auxiliary Fund <strong>Budget</strong> Codes (7XXXX) WILL be printedin the Recommended <strong>State</strong> <strong>Budget</strong>.• Allotments are not required for Special Fund <strong>Budget</strong> Codes regardless <strong>of</strong> how they aretreated for budget presentation purposes. (See Allotment section.)• Type 12XXX budget revisions (<strong>and</strong> 11XXX if necessary) are required only for thosebudget codes that are certified “budgeted.” Generally, this means only those codesprinted in the Recommended <strong>State</strong> <strong>Budget</strong>.• <strong>Budget</strong> transfers necessary for budget codes not printed in the Recommended <strong>State</strong><strong>Budget</strong> (“<strong>of</strong>f budget”) will be accomplished by Type 14XXX budget revisions at theagency level.NOTE: The delegation <strong>of</strong> budget transfers or other fiscal controls under this section by <strong>OSBM</strong>does not provide relief from fiscal responsibilities <strong>of</strong> the agency dictated under the NorthCarolina Constitution, the Executive <strong>Budget</strong> Act, or special legislation enacted by the GeneralAssembly. Variances from policies may be allowed when, in the opinion <strong>of</strong> the agency <strong>and</strong>/or<strong>OSBM</strong>, it is in the best interest <strong>of</strong> the Executive <strong>and</strong> Legislative Branches that a budget code beprinted in the Recommended <strong>State</strong> <strong>Budget</strong>.Monthly <strong>Budget</strong> Reports


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 124Two complete copies <strong>of</strong> the June 30 monthly budget reports (see Section 7 – Reporting) arerequired to be submitted to <strong>OSBM</strong> each fiscal year. <strong>OSBM</strong> will access budget dataelectronically from the North Carolina Accounting System for review <strong>of</strong> expenditure <strong>and</strong>revenue data as needed. For all budget codes as indicated earlier, some exceptions may benecessary due to individual analyst <strong>and</strong> agency needs.Monthly Report ReviewsAgencies are expected to balance both the certified <strong>and</strong> the authorized budget for revenues,appropriations, <strong>and</strong> cash levels for all reporting periods. <strong>Budget</strong> analysts will monitor thecomplete Monthly <strong>Budget</strong> Report to insure compliance with the Executive <strong>Budget</strong> Act <strong>and</strong>policies <strong>of</strong> <strong>OSBM</strong>. Agencies will be notified if differences are found <strong>and</strong> will be advised <strong>of</strong>corrective action to be taken.Disbursing Accounts with <strong>State</strong> TreasurerDisbursing accounts are available with the <strong>State</strong> Treasurer as determined by OSC for institutions,public schools, <strong>and</strong> certain designated departments.Disbursing accounts have funds credited to them only by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller whenrequested through the Cash <strong>Management</strong> Control System (refer to Cash <strong>Management</strong> <strong>Manual</strong> -<strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.)Requisitions for FundsDepartments <strong>and</strong> institutions on a disbursing account with the <strong>State</strong> Treasurer have funds madeavailable to them for expenditures by means <strong>of</strong> requisition <strong>of</strong> funds through the Cash<strong>Management</strong> Control System. After the quarterly allotment is received, a requisition for funds issubmitted to OSC (refer to Cash <strong>Management</strong> <strong>Manual</strong> - <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.)Agency Procedures for Transferring the Clear Proceeds <strong>of</strong> Fines, Forfeitures <strong>and</strong> Penaltiesto the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>G.S. 115C-457.2: Remittance <strong>of</strong> moneys to the Fund.“The clear proceeds <strong>of</strong> all civil penalties <strong>and</strong> civil forfeitures that are collected by a <strong>State</strong> agency<strong>and</strong> are payable to the County School Fund pursuant to Article IX, Section 7 <strong>of</strong> the Constitutionshall be remitted to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> by the <strong>of</strong>ficer having custody <strong>of</strong>the funds within 10 days after the close <strong>of</strong> the calendar month in which the revenues werereceived or collected. Notwithst<strong>and</strong>ing any other law, all funds which are civil penalties or civilforfeitures within the meaning <strong>of</strong> Article IX, Section 7 <strong>of</strong> the Constitution shall be deposited inthe Civil Penalty <strong>and</strong> Forfeiture Fund. The clear proceeds <strong>of</strong> such funds include the full amount<strong>of</strong> all such penalties <strong>and</strong> forfeitures collected under authority conferred by the <strong>State</strong>, diminishedonly by the actual costs <strong>of</strong> collection, not to exceed ten percent (10%) <strong>of</strong> the amount collected.”G.S. 115C-457.3: Transfer <strong>of</strong> funds to the <strong>State</strong> School Technology Fund.“The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> shall transfer funds accruing to the Civil Penalty<strong>and</strong> Forfeiture Fund to the <strong>State</strong> School Technology Fund. These funds shall be allocated tolocal school administrative units on the basis <strong>of</strong> average daily membership.”


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 125The Cash TransferOn or before 11:00 a.m. on the tenth calendar day <strong>of</strong> each month, initiate a “Request for Transfer<strong>of</strong> Funds Between <strong>Budget</strong> Codes” (AK22) to department code 3005 (<strong>Budget</strong> Code 23005)through the Cash <strong>Management</strong> Control System (CMCS) in the amount <strong>of</strong> the clear proceedscertified during the prior month. (Example: During August 1998, your agency certifiescollection <strong>of</strong> $1,000. Your agency claims $10 to cover the collection cost. On or prior to 11:00a.m. on September 10 th your agency initiates a transfer to <strong>OSBM</strong> in the amount <strong>of</strong> $990. Thetransfer is recorded in CMCS as September activity.)NOTE: Fax the “Fines, Penalties, <strong>and</strong> Forfeitures Deposit Documentation” form to <strong>OSBM</strong> (919-733-0640) documenting the transfer.The Accounting EntryFor all transfer <strong>of</strong> fines, forfeitures, <strong>and</strong> penalties to <strong>OSBM</strong>, record an operating transfer outusing account number 538030 Fines/Penalties/Forfeitures Transfers in the North CarolinaAccounting System (NCAS).


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 126FISCAL POLICIES AND REGULATIONS INDEXAlcoholic beverages-setups 139 Payment <strong>of</strong> awards to employees for<strong>Budget</strong>ary classification <strong>of</strong> tax onpurchases 131employee suggestion systemPayments <strong>of</strong> obligations128127Certificate <strong>of</strong> fees-academicassistance 136Payments <strong>of</strong> sales tax owed toDepartment <strong>of</strong> Revenue 131Closing accountsCollection <strong>of</strong> outst<strong>and</strong>ing debts128134Proceeds from sale <strong>of</strong> equipmentRefund <strong>of</strong> local sales <strong>and</strong> use tax133133DiscountsEncumbering funds127128Repayment <strong>of</strong> money owed to stateReport on committees <strong>and</strong> councils134136Establishment <strong>of</strong> committees 135 Sales <strong>and</strong> use tax 130Expenditure <strong>of</strong> funds 139 Separation <strong>of</strong> sales <strong>and</strong> tax required 132Imprest cash funds 129 Set-<strong>of</strong>f Debt Collection Act 135Intradepartmental salesLicense fees—academic assistance131136Tax on sales by the <strong>State</strong> <strong>of</strong> NorthCarolina 131Membership dues 136 Vending machines 137Net proceeds from sale, lease orrental <strong>of</strong> l<strong>and</strong> 133Payment <strong>of</strong> ObligationsThe <strong>State</strong> <strong>of</strong> North Carolina operates on a cash basis. <strong>State</strong> agencies should pay all bills whendue so as to take advantage <strong>of</strong> discounts <strong>of</strong>fered <strong>and</strong> so as not to endanger the credit <strong>of</strong> the state.When bills are not paid within the time specified in the contracts made by the Division <strong>of</strong>Purchase <strong>and</strong> Contract, it becomes increasingly difficult to make favorable contracts for thestate's needs. Early payments should not be made because it is an added cost to the state throughloss <strong>of</strong> interest on deposited funds. (For additional information refer to the Cash <strong>Management</strong><strong>Manual</strong>, <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.)DiscountsDiscounts are due to be taken by a certain number <strong>of</strong> days after goods or materials are receivedin good <strong>and</strong> proper condition or by a certain number <strong>of</strong> days after invoices are received ifdetermined to be in the best interest <strong>of</strong> the state. The level <strong>of</strong> interest rates should be a majorconsideration. Discounts, if taken, should be taken within the discount period. If discounts aretaken, vendors are entitled to payment within this period. Most state contracts <strong>and</strong> purchaseinvoices provide for the discount period. These provisions are generally known to the stateagencies.The following will be used as the basis for determining time in connection with discounts<strong>of</strong>fered:• When final inspection <strong>and</strong> acceptance <strong>of</strong> supplies <strong>and</strong> materials are at the point <strong>of</strong> origin,time is computed from the date <strong>of</strong> delivery to the common carrier; or,


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 127• When final inspection <strong>and</strong> acceptance <strong>of</strong> supplies <strong>and</strong> materials are at the destination,time is computed either from date <strong>of</strong> delivery to the destination, or from date the correctinvoice is received, if such date is later than the date <strong>of</strong> delivery.Payment <strong>of</strong> Awards to Employees for Employee Suggestion SystemWhile G.S. 143-340(1) establishes the <strong>State</strong> Employee Incentive Bonus Program, the programregulations have been developed by the Employee Suggestion System Advisory Committee <strong>and</strong>are presented in the Suggestion System Policy <strong>Manual</strong> (<strong>Office</strong> <strong>of</strong> <strong>State</strong> Personnel). The manualcontains the procedures for computation <strong>of</strong> the employee awards <strong>and</strong> for the payment <strong>of</strong> theawards. The agency implementing a suggestion shall be responsible for payment <strong>of</strong> cash awards.The amount <strong>of</strong> the award is subject to Social Security tax <strong>and</strong> federal <strong>and</strong> state income tax but isnot subject to retirement withholdings.Encumbering FundsPurpose <strong>and</strong> PolicyAll unencumbered balances <strong>of</strong> maintenance appropriations shall revert to the <strong>State</strong> Treasury tothe credit <strong>of</strong> the general fund or special funds from which the appropriation <strong>and</strong>/orappropriations were made <strong>and</strong>/or expended, at the end <strong>of</strong> each fiscal year; except that capitalexpenditures for the purchase <strong>of</strong> l<strong>and</strong>, the erection <strong>of</strong> buildings, new construction or renovationsin progress shall continue in force until the attainment <strong>of</strong> the object or the completion <strong>of</strong> thework for which the appropriations are made; except that maintenance appropriations to theGeneral Assembly shall remain available until expended, unless otherwise provided by theLegislative Services Commission.As used in this section, "unencumbered" means not obligated in the form <strong>of</strong> purchase orders,contracts, renovations in progress or salary commitments.Encumbering Funds for Next Fiscal YearWhere an obligation or commitment has been made in one fiscal year which cannot be concludedor liquidated in that year <strong>and</strong> funds have been set up in the budget for the succeeding fiscal yearfor expenditures relating to the same class <strong>of</strong> obligations or commitments, the obligations orcommitments must be paid out <strong>of</strong> funds budgeted for the succeeding fiscal year; <strong>and</strong> fundscannot be encumbered in the prior fiscal year to meet any such obligation or commitment.However, where no funds, or insufficient funds, have been set up in the budget for thesucceeding fiscal year for expenditures relating to the same class <strong>of</strong> obligations or commitments,the Director <strong>of</strong> the <strong>Budget</strong> may, in justified cases, permit funds to be encumbered in the year inwhich the obligation originates <strong>and</strong> the encumbered funds will be transferred into the succeedingfiscal year or biennium for use in liquidating the obligation or commitment.Closing Accounts at End <strong>of</strong> Fiscal YearLiquidation <strong>of</strong> ObligationsThe fiscal year ends on June 30th <strong>and</strong> all obligations should be liquidated by the end <strong>of</strong> the fiscalyear. <strong>State</strong> agencies <strong>and</strong> institutions for the most part maintain their records on a budgetreporting basis. At year end the required adjustments are made to various accounts in order to


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 128accurately state accrued revenues <strong>and</strong> expenditures. <strong>OSBM</strong> will issue special memor<strong>and</strong>umannually designating the specific closing dates.Quarterly allotments provide funds for the payment <strong>of</strong> salaries <strong>and</strong> other operating expenses asdue. No commitments can be made that will overdraw the allotment for the quarter or that willoverdraw the budget subhead against which the commitment is made.All state contracts for supplies <strong>and</strong> materials <strong>and</strong> equipment are made with definite times forpayments. All invoices must be settled in accordance with the provisions <strong>of</strong> the contract underwhich the purchases were made.Voucher registers for June should cover payments for all invoices for which the goods have beenreceived, all payrolls <strong>and</strong> all other obligations that are in order for liquidation during the fiscalyear being closed. Warrants must not be drawn for invoices unless materials/services haveactually been received. Memor<strong>and</strong>um invoices will not be accepted.ReceiptsAll expendable or on h<strong>and</strong> receipts will be credited in the <strong>State</strong> Controller's Cash <strong>Management</strong>accounts <strong>and</strong> in the <strong>State</strong> Treasurer's accounts to the allotment account <strong>of</strong> the fourth quarter forall deposits made up to <strong>and</strong> including June 30. All amounts due the state <strong>and</strong> its departments <strong>and</strong>institutions, applicable to the current fiscal year, should be collected by the end <strong>of</strong> June <strong>and</strong>deposited to the credit <strong>of</strong> the <strong>State</strong> Treasurer.Deposits <strong>of</strong> receipts made after June 30 applicable to the fiscal year just closed should berecorded in the accounts to indicate receipt as <strong>of</strong> June 30.• Mark deposit tickets appropriately to show that they belong to the period ending June 30.• Show on receipts register as <strong>of</strong> June 30 th (last work day).• Do not record any receipts back into the previous (old) year that do not belong to thatyear.• No receipts that belong to the year just closed should be held out <strong>and</strong> deposited to thecredit <strong>of</strong> the new year. The Cash <strong>Management</strong> Act requires revenues to be depositedimmediately, (the only difference is which day is recorded as the day <strong>of</strong> receipt - old yearor new year).Imprest Cash FundsDefinitionAn imprest cash fund is a fixed sum <strong>of</strong> money used for making change in a cash receivingfunction. It is also used to meet emergency payments such as freight <strong>and</strong> express bills, with laterreimbursement. An imprest cash fund, using budgeted funds, may be established by request <strong>of</strong><strong>OSBM</strong>. Increases to existing imprest cash funds must also be approved in advance by <strong>OSBM</strong>.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 129Process <strong>of</strong> RequestThe request to establish an imprest cash fund should be submitted on a budget revision (BD 606)in the following manner (using line item numbers appropriate to the agency's budget):Requirements Increase Decrease1230-53 5950 Petty/Imprest Cash $100 -0-Estimated Receipts1230-43 7992 Imprest Cash Redeposit $100 -0-After approval by <strong>OSBM</strong>, a warrant (or check) would be drawn payable to Imprest/Petty Cash<strong>and</strong> the custodian <strong>of</strong> the fund <strong>and</strong> charged to the expenditure line item Imprest/Petty Cash Fund.The warrant would be cashed <strong>and</strong> the proceeds placed in a drawer (or box appropriate forsafekeeping <strong>and</strong> use.)In a cashier receipting operation, the fund would be used to make change. Receipts would bestored with the cash funds during the business day. At the end <strong>of</strong> the day, the receipts would beremoved from the drawer <strong>and</strong> deposited in the appropriate bank account. The amount remainingin the drawer should be the full amount <strong>of</strong> the fund (i.e., imprest amount such as $100 inexample).In a petty disbursing operation, due bills are paid from the fund with the paid invoices (withcustomary number <strong>of</strong> copies) remaining with the fund until reimbursed. At periodic intervals,the fund should be replenished by a warrant (or check) drawn to Imprest/Petty Cash Fund in theamount <strong>of</strong> specific invoices. The warrant would be charged to appropriate line items determinedby the nature <strong>of</strong> the invoices. Invoices covered by the warrant would be attached to the file copy<strong>of</strong> the warrant. The full amount <strong>of</strong> the fund must at all times remain constant <strong>and</strong> will thereforeconsist <strong>of</strong> cash <strong>and</strong>/or paid invoices for which cash was spent.At the end <strong>of</strong> the fiscal year, the full cash amount <strong>of</strong> the fund should be restored to the preestablishedlevel <strong>and</strong> redeposited to the allotment account by June 30th closing.Reporting on <strong>and</strong> accounting for imprest cash funds is similar to h<strong>and</strong>ling <strong>of</strong> other items <strong>of</strong>expenditures <strong>and</strong> receipts.Sales <strong>and</strong> Use TaxPurposeReference should be made to the General Statutes <strong>and</strong> the Department <strong>of</strong> Revenue to determinethe effect <strong>of</strong> this tax on each agency.Tax on property purchased or used by the stateAll retail purchases <strong>of</strong> taxable tangible personal property by the <strong>State</strong> <strong>of</strong> North Carolina, exceptpurchases by the North Carolina Department <strong>of</strong> Transportation, are subject to sales <strong>and</strong> use tax.Purchases <strong>of</strong> tangible personal property by the Department <strong>of</strong> Transportation are exempt fromsales <strong>and</strong> use tax.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 130Tax paid to the vendorThe sales tax is to be paid to the vendor in addition to the purchase price <strong>of</strong> property when thevendor has a place <strong>of</strong> business in this state <strong>and</strong>/or is registered with the Department <strong>of</strong> Revenuefor sales tax purposes.Tax paid to the Department <strong>of</strong> RevenueWhen taxable tangible personal property is purchased, used, or consumed by the <strong>State</strong>, <strong>and</strong> ifsales tax was not paid to the vendor at time <strong>of</strong> the purchase <strong>of</strong> the property, the tax must be paidto the Department <strong>of</strong> Revenue in accordance with regulations <strong>of</strong> the Commissioner.Vendors failure to show sales taxIn-<strong>State</strong> VendorsWhen an in-state vendor fails to show sales tax on his invoice, the tax should be added to amountbilled <strong>and</strong> included in the payment to the vendor. On the voucher portion <strong>of</strong> the check orwarrant, the invoice should be listed for the amount billed <strong>and</strong> the "Sales Tax Added" listed as aseparate item showing the amount <strong>of</strong> tax added to the payment. The vendor should be informed(by memo attached to check, or otherwise) <strong>of</strong> the provisions <strong>of</strong> G.S. 105-164.7.Out-<strong>of</strong>-<strong>State</strong> VendorsSales tax on purchases from out-<strong>of</strong>-state, non-registered vendors must be paid to the Department<strong>of</strong> Revenue by the purchasing agency.<strong>Budget</strong>ary classification <strong>of</strong> tax on purchasesSales <strong>and</strong> use tax is a part <strong>of</strong> the cost <strong>of</strong> the property. The tax should be charged to the budgetsubhead to which the cost <strong>of</strong> the property purchased was charged. This is true whether the tax ispaid to the vendor or to the Department <strong>of</strong> Revenue.Tax on sales by the <strong>State</strong> <strong>of</strong> North CarolinaSales tax is to be added to the sale price <strong>of</strong> taxable tangible personal property sold at retail by thestate, <strong>and</strong> the tax is to be collected from the purchaser <strong>and</strong> remitted to the Department <strong>of</strong>Revenue in accordance with regulations <strong>of</strong> the Commissioner.Intradepartmental SalesA sale by one state department to another department or area, under the same administrativehead as the seller, is not subject to sales tax. These transactions are considered transfers ratherthan sales. However, if sales tax was not paid on the original purchase <strong>of</strong> the property, theproperty may be subject to use tax as described earlier in the “use tax” section.Sales tax added to the purchase priceG.S. 105-164.7 states that the sales tax is assessed on the consumer <strong>and</strong> shall be added to the saleprice when sold at retail. In every instance where an agency <strong>of</strong> the state makes a sale that issubject to the tax, the tax shall be shown separately <strong>and</strong> added to the sale price <strong>of</strong> the article.Separation <strong>of</strong> sales required


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 131General Statute 105-164.24 provides that: "Every retailer shall keep separate records disclosingsales <strong>of</strong> tangible personal property taxable under this article <strong>and</strong> sales transactions not taxablebecause exempt under G.S. 105-164.13 or elsewhere excluded from taxation."It is essential that the accounting records show separately taxable sales <strong>and</strong> exempt sales in orderto facilitate sales tax reporting <strong>and</strong> providing audible records <strong>of</strong> transactions.Separation <strong>of</strong> tax requiredGeneral Statute 105-164.11 provides that: "When the tax collected for any period is in excess <strong>of</strong>the total amount which should have been collected, the total amount collected must be paid overto the Secretary less the compensation to be allowed the retailer as hereinafter set forth."Sales tax collections are to be recorded in a separate receipts line item entitled "Sales Tax--Net."Payment <strong>of</strong> sales tax collections to the Department <strong>of</strong> RevenueSales tax collections paid to the Department <strong>of</strong> Revenue are to be charged (as a refund <strong>of</strong>receipts) to the receipts line item "Sales Tax-Net" <strong>and</strong> recorded as a disbursement before theclose <strong>of</strong> the disbursement records for the month in which tax is collected.The Secretary <strong>of</strong> Revenue's regulations specify that, for most merchants, taxes are due monthlyby the 15th <strong>of</strong> each month on sales that took place the previous month. Retail merchants withaverage state <strong>and</strong> local tax remittance <strong>of</strong> $20,000 or more are required to remit sales taxescollected during the first 15 days <strong>of</strong> the month by the 25th, <strong>and</strong> taxes collected during the lasthalf <strong>of</strong> the month by the 10th <strong>of</strong> the following month. A late payment penalty <strong>and</strong> interest isimposed if the tax is paid after the due date.Sales Tax on MealsG.S. 105-164.4 levies <strong>and</strong> imposes a sales tax upon every person or group, whether public orprivate, who engages in the business <strong>of</strong> selling tangible personal property at retail. Sales <strong>of</strong>meals or other prepared foods to employees, guests, etc., by state hospitals <strong>and</strong> other institutionsare subject to retail sales taxes, <strong>and</strong> such taxes must be collected.However, meals sold or served in dining rooms regularly operated by state educationalinstitutions or student organizations when such meals are served exclusively for students <strong>of</strong> thatinstitution are not subject to sales taxes. Institutions to which this regulation applies should notassume liability for or pay any sales taxes without first collecting such tax as an addition to theestablished price <strong>of</strong> the article sold.Sales Tax ExemptionsThe General Statutes provide that sales for resale, <strong>and</strong> for manufacture <strong>and</strong> resale, are not subjectto sales tax. Reference should be made to the General Statutes or the Department <strong>of</strong> Revenue asto exemptions.Refund <strong>of</strong> Local Sales <strong>and</strong> Use Tax


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 132G.S. 105-164.14(e) allows a quarterly refund <strong>of</strong> local sales <strong>and</strong> use taxes paid by a state agencyon direct purchases <strong>of</strong> tangible personal property <strong>and</strong> local sales <strong>and</strong> use taxes paid indirectly bythe state agencies on building materials, supplies, fixtures, <strong>and</strong> equipment…subject to theprovisions <strong>of</strong> the General Statutes. Reference should be made to the General Statutes <strong>and</strong> theDepartment <strong>of</strong> Revenue procedures to obtain this refund.Proceeds from the Sale <strong>of</strong> EquipmentThe following are guidelines <strong>and</strong> procedures as to the budgeting <strong>and</strong> h<strong>and</strong>ling <strong>of</strong> receipts fromsale <strong>of</strong> equipment (<strong>of</strong>fice equipment, automobiles, trucks, tractors, etc.). Special procedures aredelineated in G.S. 143-63.1 for the sale <strong>of</strong> state-owned firearms. G.S. 20-187.2 also prescribeslaws that apply in dealing with disposal <strong>of</strong> firearms.Proceeds from the sale <strong>of</strong> equipment that was originally purchased through a general fund budgetcode (including capital improvement codes) are subject to this provision. Special funds,including the Department <strong>of</strong> Transportation, public schools, <strong>and</strong> Community College institutionsare not subject to these regulations.Receipts from the sale <strong>of</strong> surplus equipment that are not budgeted may be recorded in a separatereceipts line item.These receipts that are in excess <strong>of</strong> amounts estimated in a certified general fund budget must bedeposited as non-tax revenue as directed by the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller.Net Proceeds from Sale, Lease or Rental <strong>of</strong> L<strong>and</strong>G.S. 146-30 defines the term "net proceeds" as “the gross amount received from the sale, lease,rental, or other disposition <strong>of</strong> any state l<strong>and</strong>s, less:• Such expenses incurred incident to that sale, lease, rental, or other disposition as may beallowed under rules <strong>and</strong> regulations adopted by the Governor <strong>and</strong> approved by theCouncil <strong>of</strong> <strong>State</strong>; <strong>and</strong>• A service charge to be paid into the <strong>State</strong> L<strong>and</strong> Fund.”G.S. 146-30 provides that the net proceeds from the sale, lease, rental or other disposition <strong>of</strong>l<strong>and</strong>s by a state agency be deposited with the <strong>State</strong> Treasurer to be credited to the general fund.The Wildlife Resources Commission, the Department <strong>of</strong> Agriculture <strong>and</strong> Consumer Services, theDepartment <strong>of</strong> Natural <strong>and</strong> Economic Resources (<strong>State</strong> Parks), <strong>and</strong> the Department <strong>of</strong> Health <strong>and</strong>Human Resources (Butner) are exempt from this provision. Any department having fundsderived from the sale, lease, rental or other disposition <strong>of</strong> l<strong>and</strong>s should draw a check or preparean electronic fund transfer for the total <strong>of</strong> the net proceeds made payable to the <strong>State</strong> Treasurer<strong>and</strong> mail to the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> Controller should receive thesefunds within 5 days <strong>of</strong> receipt <strong>of</strong> the net proceeds by the department.Repayment <strong>of</strong> Money Owed to the <strong>State</strong><strong>State</strong> Employees <strong>and</strong> Certain Local Educational Entity Employees


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 133G.S. 143-553(a) states that "All persons employed by an employing entity . . . [see definitioncontained in G.S. 143-552, as enumerated in G.S. 143B-3 <strong>of</strong> the “Executive Organization Act"]who owe money to the state <strong>and</strong> whose salaries are paid in whole or in part by <strong>State</strong> funds mustmake full restitution <strong>of</strong> the amount owed as a condition <strong>of</strong> continuing employment." Theemployee is allowed a reasonable period <strong>of</strong> time to make the repayment. Employment shall beterminated if the employee ceases to make payments or discontinues a good faith effort to makerepayment.G.S. 143-554 gives an employee the right to appeal the termination to the <strong>State</strong> PersonnelCommission according to the normal appeal <strong>and</strong> hearing procedures provided by Chapter 126 <strong>of</strong>the General Statutes.Public OfficialsAs stated in G.S. 143-557, “If after investigation under terms <strong>of</strong> this Part an appointing authorityhas determined the existence <strong>of</strong> a delinquent monetary obligation owed to the <strong>State</strong> by a public<strong>of</strong>ficial, he shall notify the public <strong>of</strong>ficial that his appointment will be terminated 60 days fromthe date <strong>of</strong> notification unless repayment in full is made within that period.”The appointing authority shall allow the public <strong>of</strong>ficial, if he/she is financially unable to makepayment in full, to continue his/her appointment as long as an attempt to repay the obligation ismade in good faith.LegislatorsG.S. 143-559 states "Whenever a representative <strong>of</strong> any employing entity... has knowledge that alegislator owes money to the <strong>State</strong> <strong>and</strong> is delinquent in satisfying this obligation, this informationshall be reported to the Legislative Ethics Committee... for disposition."Collection <strong>of</strong> Outst<strong>and</strong>ing DebtsFollow these procedures for the collection <strong>of</strong> outst<strong>and</strong>ing debts:• Send <strong>OSBM</strong> a list <strong>of</strong> names <strong>and</strong> Social Security numbers <strong>of</strong> individuals with past dueaccounts owed to the state. Do not include names <strong>of</strong> individuals with past due accountswhen satisfactory provisions have been made for repayment.• <strong>OSBM</strong> will compare the lists with lists <strong>of</strong> employees who are members <strong>of</strong> the Teachers<strong>and</strong> <strong>State</strong> Employees Retirement System or who are on a central payroll.• <strong>OSBM</strong> will provide notice if any <strong>of</strong> the individuals on the lists are employed by a statedepartment, agency or institution, Community College system, or by a city or countyBoard <strong>of</strong> Education.• Write the agency or department employing the individual having a past due account <strong>and</strong>state: (a) the individual's name, amount <strong>of</strong> money owed, <strong>and</strong> for what reason the moneyis owed; (b) that a written notice has been sent to the employee stating that full restitution<strong>of</strong> the amount owed is a condition <strong>of</strong> continued employment (Chapter 143, Article 59 <strong>of</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 134the North Carolina General Statutes); (c) that the employee obtain <strong>and</strong> provide writtenevidence from the department owed that a satisfactory arrangement for payment has beenagreed upon; <strong>and</strong> (d) that the employee be given a reasonable time period to accomplish(c) above. If the employee does not provide this evidence, steps must be taken toterminate employment unless the employee is pursuing administrative or judicialremedies.Set-<strong>of</strong>f Debt Collection ActChapter 105A <strong>of</strong> the General Statutes authorizes the Department <strong>of</strong> Revenue to assist claimantstate agencies, per request, in the collection <strong>of</strong> qualifying delinquent accounts. The departmentwill identify those entitled to individual income tax refunds <strong>of</strong> at least $50, <strong>and</strong> upon receipt <strong>of</strong> afinal certification <strong>of</strong> the debt from respective claimant agency, set-<strong>of</strong>f the applicable amount.Periodically, the department will remit to the respective claimant agencies the net proceedscollected that shall be the gross proceeds collected, less the 15 percent (15%) collectionassistance fee. A transmittal statement will be included reconciling the amount <strong>of</strong> the remittancewith the gross proceeds collected per individual set-<strong>of</strong>f, so that the claimant agency can creditthe debtor's obligation with gross proceeds collected as required by G.S. 105A-14(b).Claims for set-<strong>of</strong>f must be filed with the Department <strong>of</strong> Revenue in accordance with theprovisions <strong>of</strong> Article 1 <strong>of</strong> Chapter 105A <strong>and</strong> the rules <strong>and</strong> procedures set by the Department <strong>of</strong>Revenue as authorized under G.S. 105A-16.Legislation on the Establishment <strong>of</strong> CommitteesEstablishment <strong>of</strong> CommitteesThe head <strong>of</strong> each principal department may create <strong>and</strong> appoint committees or councils to consultwith <strong>and</strong> advise the department. The General Assembly declares its policy that ins<strong>of</strong>ar asfeasible, such committees or councils shall consist <strong>of</strong> no more than 11 members, with not morethan one from each congressional district. If any department head desires to vary this policy, hemust make a request in writing to the Governor, stating the reasons for the request. TheGovernor may approve the request, but may only do so in writing. Copies <strong>of</strong> the request <strong>and</strong>approval shall be transmitted to the Advisory <strong>Budget</strong> Commission <strong>and</strong> to the Joint LegislativeCommission on Government Operations. The members <strong>of</strong> any committee or council created bythe head <strong>of</strong> a principal department shall serve at the pleasure <strong>of</strong> the head <strong>of</strong> the principaldepartment. (G.S. 143B-10)Per Diem: Travel <strong>and</strong> SubsistenceCommittee <strong>and</strong> Council members may be paid per diem <strong>and</strong> necessary travel <strong>and</strong> subsistenceexpenses, within the limits <strong>of</strong> appropriations <strong>and</strong> in accordance with the provisions <strong>of</strong> G.S. 138-5. Per diem, travel, <strong>and</strong> subsistence payments to members <strong>of</strong> the committees or councils createdin connection with federal programs shall be paid from federal funds unless otherwise providedby law.Report on Committees <strong>and</strong> CouncilsAn annual report listing committees or councils, the total membership <strong>of</strong> each, the cost in the lastfiscal year <strong>and</strong> the source <strong>of</strong> funding, <strong>and</strong> the title <strong>of</strong> the person(s) who made the appointments is


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 135to be submitted to <strong>OSBM</strong> for presentation to the Advisory <strong>Budget</strong> Commission or the JointLegislative Commission on Governmental Operations by March 31 <strong>of</strong> each year.Membership DuesMembership dues paid from state funds for state departments, institutions <strong>and</strong> agencies toorganizations shall be kept to a minimum. Department heads or his/her designee must review<strong>and</strong> approve all memberships to determine that the benefits accruing to the state from suchmemberships will exceed the costs. Membership dues shall not be paid from state funds forindividual state employees or for the benefit <strong>of</strong> an individual state employee unless the benefit <strong>of</strong>the membership is for the state <strong>and</strong> the individual.Membership dues paid from state funds should be for the benefit <strong>of</strong> the state <strong>and</strong> not for anindividual. If the state is to benefit from an individual's membership in an organization, thatbenefit should derive not because <strong>of</strong> the individual, but because <strong>of</strong> the individual's position withstate government regardless <strong>of</strong> who is in the position.Additionally, although the membership may be in the name <strong>of</strong> the individual, this membershipterminates when the individual terminates his employment with the state or moves to anotherdepartment.Academic Assistance - License <strong>and</strong> Certificate FeesThe academic assistance program provides reimbursement <strong>of</strong> academic costs if funds areavailable at the agency level, <strong>and</strong>/or time <strong>of</strong>f the job if the course is available only duringworking hours <strong>and</strong> the employee completes the course in good st<strong>and</strong>ing, as defined in theEducation Assistance Program policy in the <strong>State</strong> Personnel <strong>Manual</strong>. Academic courses/degreesfrom accredited community colleges/colleges/universities via traditional classroom, video-based,distance learning, web-based, e-learning <strong>and</strong> certain correspondence courses are eligible.Exceptions to policy may be approved by the department head. Academic courses are definedby the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Personnel (OSP) as a course/degree provided by an accredited communitycollege/college/university. The course must provide academic credit (as opposed to CEU’s), belisted in the college/university course catalog <strong>and</strong> charge tuition in the traditional meaning <strong>of</strong>tuition (as opposed to only registration fees). Accreditation must be via an accrediting agencyauthorized by the US Department <strong>of</strong> Education.Completion <strong>of</strong> the course, workshop, or seminar should have a direct benefit to the organization.The improved knowledge, skills <strong>and</strong> abilities gained by the employee should benefit theindividual in completion <strong>of</strong> his/her current <strong>and</strong>/or potential job duties. <strong>Management</strong> shouldconsider workforce planning, succession planning <strong>and</strong> career development in approvingemployees to receive academic assistance.Incumbent employees who meet minimum academic requirements for employment <strong>and</strong> forwhom certification/licensing is required after employment or is deemed desirable bymanagement <strong>and</strong> approval by the agency head or designee are eligible for academic assistance(reimbursement) under the following conditions specified by OSP:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 136• Certification/licensing is m<strong>and</strong>atedor• Certification/licensing is a policy requirement <strong>of</strong> the employing agency.If the state requires the employee to have <strong>and</strong> maintain a pr<strong>of</strong>essional license or certificate as acondition <strong>of</strong> employment, then fees directly associated with obtaining that license or certificateare not reimbursable. Costs associated with maintaining a pr<strong>of</strong>essional license or certificate as acondition <strong>of</strong> employment are reimbursable.Courses, workshops, or seminars not involving academic credit, which may grant CEU’s orCPE’s or other completion recognition <strong>and</strong> where instruction is usually in modules, 2-3 days induration, <strong>and</strong> which charge a registration fee (although sometimes referred to as tuition) may bepaid for by the agency in advance <strong>of</strong> the training directly to the provider rather than as areimbursement to the employee. Approval is by the department head or his/her designee <strong>and</strong>contingent on the same restrictions as academic assistance outlined in the <strong>State</strong> Personnel<strong>Manual</strong>.Tuition fees (associated with academic credit) are charged to budget code 532941, AcademicAssistance Program. Course registration fees (associated with training) are charged to budgetcode 532930, Registration Fees, or to budget code 532942, Other Employee EducationalExpense. For more information on tuition <strong>and</strong> registration fee eligibility, please consult theAcademic Assistance Program policy in the <strong>State</strong> Personnel <strong>Manual</strong>.Vending MachinesVending machine facilities <strong>and</strong> operations are subject to the provisions <strong>of</strong> G.S. 143-12.1. Thefollowing definitions apply to those operations <strong>and</strong> are used in the related regulations.Vending FacilityA vending facility includes a snack bar, cafeteria, restaurant, cafe, concession st<strong>and</strong>,vending st<strong>and</strong>, cart service, or other facilities at which food, drinks, novelties,newspapers, periodicals, confections, souvenirs, tobacco products or related items areregularly sold.<strong>State</strong> property or state building<strong>State</strong> property or state building means a building <strong>and</strong>/or l<strong>and</strong> owned, leased, or otherwisecontrolled by the state, exclusive <strong>of</strong> schools, colleges <strong>and</strong> universities, the North Carolina<strong>State</strong> Fair, <strong>and</strong> the <strong>State</strong> Legislative Building.The vending facilities operated by state departments, institutions, boards, <strong>and</strong> commissions oroperated on state property are subject to the control <strong>of</strong> the state. The payments received, whetherby contract, fixed or variable rate, a percentage basis, or gross or net pr<strong>of</strong>it, are state funds <strong>and</strong>the net proceeds are subject to appropriation by the General Assembly.Receipts or payments from vending operations shall be deposited as provided by law (G.S. 143-12.1) <strong>and</strong> in the appropriate fund as determined by <strong>OSBM</strong>.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 137Operation <strong>of</strong> Vending Facilities Supported from <strong>State</strong> General or HighwayFundsLocationVending facilities operated on state property supported from the general or highway funds areconsidered General or Highway Fund operations. Proceeds from vending facilities are to bedeposited in departments' <strong>and</strong> institutions' general or highway fund operating codes as a receipt.All expenditures <strong>of</strong> pr<strong>of</strong>its must be authorized by <strong>OSBM</strong> by a budget revision (BD 606).Operation <strong>of</strong> Vending Facilities Supported from Other FundsInstitutional Trust Funds as Defined by G.S. 116-36.1Universities that have facilities supported from institutional trust funds <strong>and</strong> which have vendingoperations in those facilities may retain proceeds from such operations in their trust funds. TheBoard <strong>of</strong> Governors is required, no later than October 1 <strong>of</strong> each year, to make an itemized reportto the Joint Legislative Commission on Governmental Operations concerning the use <strong>of</strong> netproceeds <strong>of</strong> vending facilities for the previous year under G.S. 116-36.1.Institutional Student Auxiliary EnterprisesProceeds from vending operations located in university facilities supported from institutionalstudent auxiliary enterprises (housing, food, health <strong>and</strong> laundry), are to be deposited into theappropriate special fund operating budget.ExceptionsAid to the BlindArticle 3 <strong>of</strong> Chapter 111 <strong>of</strong> the North Carolina General Statutes - Operation <strong>of</strong>Vending Facilities on <strong>State</strong> Property requires that state agencies upon request <strong>of</strong> theDepartment <strong>of</strong> Human Resources give preference to visually h<strong>and</strong>icapped persons in theoperation <strong>of</strong> vending facilities on state property. It is the responsibility <strong>of</strong> eachdepartment <strong>and</strong> institution to inform the Department <strong>of</strong> Human Resources <strong>of</strong> existing orprospective locations for vending facilities or coin-operated vending machines.National Guard FacilitiesG.S. 127A-138(b) states that funds earned from vending machine commissions shallremain with National Guard units <strong>and</strong> the expenditure <strong>of</strong> these funds shall be inaccordance with rules prescribed by the Secretary <strong>of</strong> Crime Control <strong>and</strong> Public Safety.The provisions <strong>of</strong> G.S. 143-12.1 do not apply to the operation <strong>of</strong> any vending facility by acommunity college, technical institute, technical college, or local school administrativeunit.Expenditures <strong>of</strong> FundsExpenditures <strong>of</strong> pr<strong>of</strong>its may be authorized by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> for thesame type <strong>of</strong> expenditures as currently permitted by law from general <strong>and</strong> highway funds.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 138Expenditures <strong>of</strong> pr<strong>of</strong>its should be as closely associated to the population or program surroundingthe vending facilities as possible. Examples:• Recreational equipment for inmates.• Field trips for patients.• Costs associated with operating the vending facility such as rental <strong>of</strong> space,utilities <strong>and</strong> equipment.Alcoholic Beverages <strong>and</strong> "Set-ups"Payment or reimbursement for alcoholic beverages or "set-ups" can not be made from statefunds. Individuals must bear these costs. They can not be included in registration fees or paidfrom state funds. Law enforcement personnel in the pursuit <strong>of</strong> their duties <strong>and</strong> industrialdevelopment personnel are exempt from this provision.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 139TRAVEL POLICIES & REGULATIONS INDEXAircraft owned by state employee 146 Per diem compensation (con’t)Airport, travel to/from 147 members <strong>of</strong> licensing boards 152AttendantsBus153145members <strong>of</strong> state boards,commissions, <strong>and</strong> councils 150CancellationsCharter aircraft flights143146state employeesPersonal vehicle use141146Commissions, committees, councils 150 Political functions <strong>and</strong> travel 149Common carrier 145 Prospective employee travel 153Commuting 147 Reduced air fare certificates 146Conferences, external 154 ReimbursementsConferences, internal 155 lodging <strong>and</strong> meals 142Convention registrationlegislators 153telephone callsRental vehicle guidelines157146licensing boardsstate employees152145Required staff <strong>and</strong> mealsShuttle services144147Coupons, reduced air fareDestination, use <strong>of</strong> state vehicle at146147<strong>State</strong> employee as a boardmember 151Employee responsibilityExceptions141158<strong>State</strong> vehicle usageStudent travel policies146154Expert witness feesFrequent flyer miles154145Subsistence ratesSuper-saver rates141145Informal meetingsLicensing boardsLodging<strong>Management</strong> retreatMeals156152142156143Telephone callsTollsTraining sessionTransportation carriersTransportation reimbursement157146156145Mobile telephonesNon-state employeesriderstravel policiesOut-<strong>of</strong>-country travelOut-<strong>of</strong> state travelat airportstolls <strong>and</strong> storagePassport157147153148142147146145Per diem compensationlegislators 152legislatorsmembers <strong>of</strong> licensing boardsmembers <strong>of</strong> state boards,commissions, <strong>and</strong> councilsstate employeesTravel agent feesTravel by state <strong>of</strong>ficialsTravel advancesTravel authorizations153152148146146149149142Travel period 142Travel Policies <strong>and</strong> RegulationsPurposeStatutory regulations for per diem, transportation, <strong>and</strong> subsistence allowances for statedepartments, agencies, boards, commissions, committees, <strong>and</strong> councils are contained in G.S.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 140138-5, 138-6, <strong>and</strong> 138-7. It is the intent <strong>of</strong> this section to provide statements <strong>of</strong> policy to enablestate departments <strong>and</strong> agencies a comprehensive reference for uniform interpretation to pay orreimburse allowable state travel expenses pertaining to <strong>of</strong>ficial travel <strong>and</strong> subsistence.Employee ResponsibilityAn employee traveling on <strong>of</strong>ficial state business is expected to exercise the same care inincurring expenses that a prudent person would exercise if traveling on personal business <strong>and</strong>expending personal funds. Excess costs, circuitous routes, delays, or luxury accommodations<strong>and</strong> services unnecessary, unjustified, or for the convenience or personal preference <strong>of</strong> theemployee in the performance <strong>of</strong> <strong>of</strong>ficial state business are prohibited. The <strong>State</strong> has authorizedthe use <strong>of</strong> credit cards (American Express <strong>and</strong> Diner’s Club) for employees during travel on<strong>of</strong>ficial state business. These cards are distributed at the discretion <strong>of</strong> the department head.Employees will be responsible for unauthorized costs <strong>and</strong> any additional expenses incurred forpersonal preference or convenience. Employee misuse <strong>of</strong> state-issued credit cards is grounds fortermination.Travel Policies for <strong>State</strong> EmployeesPer Diem CompensationPer diem compensation is not applicable for state employees, only to members <strong>of</strong> <strong>State</strong> Boards,Commissions, Committees <strong>and</strong> Councils who do not receive any salary from state funds for theirservices.Subsistence RatesSubsistence is an allowance related to lodging <strong>and</strong> meal costs (including gratuities) (G. S. 138-6).For the purposes <strong>of</strong> determining eligibility for allowances, travel status means being away fromthe employee's normal duty station or home <strong>and</strong>, while traveling, the employee must be acting inhis/her <strong>of</strong>ficial capacity as required by his/her work activities.The maximum allowable statutory rate for meals <strong>and</strong> lodging (subsistence) is $91.75 for in-statetravel <strong>and</strong> $105.00 for out-<strong>of</strong>-state travel. The Director <strong>of</strong> the <strong>Budget</strong> revises the subsistence rateperiodically based on the percentage change in the Consumer Price Index for All UrbanConsumers (G.S. 138-6(a)(5)). The payment <strong>of</strong> sales tax, lodging tax, local tax, or service feesapplied to the cost <strong>of</strong> lodging is allowed in addition to the lodging rate <strong>and</strong> is to be paid as alodging expense (G.S. 138-6(a)(3)).The employee may exceed the part <strong>of</strong> the ceiling allocated for lodging without approval for overexpenditureprovided that the total lodging <strong>and</strong> food reimbursement that the employee is entitledto for that day does not exceed the maximum allowed daily subsistence (G.S. 138-6(a)(3)).The following schedule shall be used for reporting allowable subsistence expenses incurredwhile traveling on <strong>of</strong>ficial state business:In-<strong>State</strong>Out <strong>of</strong> <strong>State</strong>


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 141Breakfast $ 7.00 $ 7.00Lunch $ 9.25 $ 9.25Dinner $15.75 $17.75Lodging (actual, up to) $59.75 (actual, up to) $71.00 (actual, up to)Total $91.75 $105.00Out-<strong>of</strong>-<strong>State</strong> TravelOut-<strong>of</strong>-state travel status begins when the employee leaves the state <strong>and</strong> remains in effect untilthe employee returns to the state. However, in-state allowances <strong>and</strong> reimbursement rates applywhen employees <strong>and</strong> other qualified <strong>of</strong>ficial travelers use hotel <strong>and</strong> meal facilities located inNorth Carolina immediately prior to <strong>and</strong> returning from out-<strong>of</strong>-state travel during the same travelperiod.Authorization for LodgingPrior written approval by the department head or his or her designee must be obtained in order toqualify for reimbursement for overnight stays. Supervisory personnel certifying thereimbursement request as necessary <strong>and</strong> proper must require documentation from the traveler tosubstantiate that the overnight lodging was necessary <strong>and</strong> accomplished. The travel mustinvolve a travel destination located at least 35 miles from the employee's regularly assigned dutystation or home whichever is less to receive approved reimbursement. "Duty station" is definedas the location where the employee is assigned. The designation <strong>of</strong> an employee's home as theduty station by a department head requires prior approval by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong> (<strong>OSBM</strong>) on an annual basis.Reimbursement for LodgingEach employee is responsible for his or her own request for reimbursement. The travel mustinvolve a travel destination located at least 35 miles from the employee's regularly assigned dutystation or home, whichever is less. Requests for reimbursement shall be filed within 30 daysafter the travel period ends for which the reimbursement is being requested. G.S. 138-6(c).Specific dates <strong>of</strong> lodging must be listed on the reimbursement request, <strong>and</strong> substantiated by areceipt from a commercial lodging establishment, not to exceed $59.75 per night for in-statelodging or $71 per night for out-<strong>of</strong>-state lodging. Reimbursement for lodging in anestablishment that is being rented out by a third party or an establishment treated as an apartmentbuilding by state or local law or regulation is not allowed unless approved by <strong>OSBM</strong> in advance.Telephone access fees for business calls are considered a miscellaneous expense. Telephoneaccess fees for personal calls are not reimbursable. Baggage h<strong>and</strong>ling tips may be claimed as"Miscellaneous." Excessive tips must be documented with a receipt.Excess LodgingExcess lodging authorization for in-state, out-<strong>of</strong>-state, <strong>and</strong> out-<strong>of</strong>-country travel must beobtained in advance from the department head or his or her designee. Excess lodging is allowedwhen the employee is in a high cost area <strong>and</strong> unable to secure lodging within the current


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 142allowance, or when the employee submits in writing an opinion that his/her personal safety orsecurity is unattainable within the current allowance. Excess lodging authorization is notallowed for reason <strong>of</strong> convenience or personal preference for the employee. The employee mayexceed the part <strong>of</strong> the ceiling allocated for lodging without approval from department head <strong>of</strong> hisor her designee provided that the total lodging <strong>and</strong> food reimbursement does not exceed themaximum daily subsistence.Penalties <strong>and</strong> Charges Resulting from CancellationsPenalties <strong>and</strong> charges resulting from the cancellation <strong>of</strong> travel reservations (including airline,hotel, or other travel reservations <strong>and</strong> conference registration) shall be the department'sobligation if the employee's travel has been approved in advance <strong>and</strong> the cancellation or changeis made at the direction <strong>of</strong> <strong>and</strong>/or for the convenience <strong>of</strong> the department. If the cancellation orchange is made for the personal benefit <strong>of</strong> the employee, it shall be the employee's obligation topay the penalties <strong>and</strong> charges. However, in the event <strong>of</strong> accidents, serious illness, or deathwithin the employee's immediate family or other critical circumstances beyond the control <strong>of</strong> theemployee, the department may pay the penalties <strong>and</strong> charges.Authorization for MealsPrior written approval by the department head or his or her designee must be obtained in order toqualify for reimbursement for meals. Supervisory personnel certifying the reimbursementrequest as necessary <strong>and</strong> proper must require documentation from the traveler to substantiate thatthe payment for meals was necessary <strong>and</strong> accomplished.Reimbursement for MealsEach employee is responsible for his or her own request for reimbursement. Tips for meals areincluded in the meal allowance. Each meal reimbursement rate must be listed on thereimbursement request. Departure <strong>and</strong> arrival times must also be listed on the reimbursementrequest. The costs <strong>of</strong> meals included in other related activities (registration fees, conferencecosts, hotel registration, etc.) may not be duplicated in reimbursement requests. An employeemay be reimbursed, if requested, for breakfast even if their lodging establishment <strong>of</strong>fers a freecontinental breakfast.Meals during Overnight TravelA state employee may be reimbursed for meals, including lunches, while on <strong>of</strong>ficial statebusiness when the employee is in overnight travel status. The destination must be located atleast 35 miles from the employee's regularly assigned duty station (vicinity) or home whicheveris less to receive approved reimbursement.Meals during Daily TravelEmployees may be reimbursed for meals for partial days <strong>of</strong> travel when in overnight travel status<strong>and</strong> the partial day is the day <strong>of</strong> departure or the day <strong>of</strong> return. The following applies:• Breakfast: depart duty station prior to 6:00 a.m <strong>and</strong> extend the workday by 2 hours.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 143• Lunch: depart duty station prior to Noon (day <strong>of</strong> departure) or return to duty station after2:00 p.m. (day <strong>of</strong> return).• Dinner: depart duty station prior to 5:00 p.m. (day <strong>of</strong> departure) or return to duty stationafter 8:00 p.m. (day <strong>of</strong> return) <strong>and</strong> extend the workday by 3 hours.• The travel must involve a travel destination located at least 35 miles from the employee'sregularly assigned duty station (vicinity) or home, whichever is less.Allowances cannot be paid to employees for lunches if travel does not involve an overnight stay;however, employees can be eligible for allowances for the breakfast <strong>and</strong> evening meals when thefollowing applies:• Breakfast (morning): depart duty station prior to 6:00 a.m <strong>and</strong> extend the workday by 2hours.• Dinner (evening): return to duty station after 8:00 p.m <strong>and</strong> extend the workday by 3hours.• The travel must involve a travel destination located at least 35 miles from the employee'sregularly assigned duty station (vicinity) or home, whichever is less.• Allowances for the breakfast <strong>and</strong> evening meals for employees working nontraditionalshifts must have prior approval <strong>of</strong> <strong>OSBM</strong>.Meals <strong>and</strong> Day-to-Day Activities<strong>State</strong> employees may not be reimbursed for meals in conjunction with a congress, conference,assembly, convocation or meeting, or by whatever name called, <strong>of</strong> employees within a singlestate department, institution or agency, or between the employees <strong>of</strong> two or more statedepartments, institutions or agencies to discuss issues relating to the employee's normal day-todaybusiness activities.Meals for Required Employee AttendanceA state employee may be reimbursed for meals, including lunches, when the employee's jobrequires his attendance at the meeting <strong>of</strong> a board, commission, committee, or council in his<strong>of</strong>ficial capacity <strong>and</strong> the meal is preplanned as part <strong>of</strong> the meeting for the entire board,commission, committee or council. Such board, commission, committee, or council must includepersons other than the employees <strong>of</strong> a single state department, institution, or agency.Meals <strong>and</strong> Commercial Air TravelEmployees are allowed to claim reimbursement for meals even though they are shown <strong>and</strong><strong>of</strong>fered as a part <strong>of</strong> one's flight schedule on a commercial airline.Excess Meals


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 144No excess reimbursement will be allowed for meals unless there are predetermined charges, orthe meals were for out-<strong>of</strong>-country travel. The department head or his or her designee may grantexcess subsistence for meals for out-<strong>of</strong>-country travel.Convention Registration<strong>State</strong> law allows reimbursement <strong>of</strong> the actual amount <strong>of</strong> convention registration fees as shown bya valid receipt or invoice [G.S. 138-6(a)(4)].PassportsReimbursement for cost incurred in obtaining or renewing a passport may be made to anemployee who, in the regular course <strong>of</strong> his duties, is required to travel overseas in thefurtherance <strong>of</strong> <strong>of</strong>ficial state business. Passport expenses are chargeable to the same fund thatsupports the employee's trip.Transportation by Common CarrierReimbursement for air, rail, or bus fare is limited to actual coach fare, substantiated by receipt.Transportation by International FlightsEmployees traveling internationally on overseas flights may be reimbursed actual business classfare (substantiated by receipt) with prior approval <strong>of</strong> the department head or his or her designee.Super Saver RatesWhen traveling by common carrier to conduct <strong>of</strong>ficial state business, employees traveling totheir destination earlier than necessary <strong>and</strong>/or delaying their return to avail the state <strong>of</strong> reducedtransportation rates may be reimbursed subsistence for additional travel days if, in the opinion <strong>of</strong>the department head or his or her designee, the amount saved due to the early <strong>and</strong>/or delayedtravel is greater than the amount expended in additional subsistence. When the reduced airfarerates require staying overnight one Saturday night, to be eligible for reimbursement, the stateemployee must stay overnight on the Saturday closest to the first or last day <strong>of</strong> <strong>of</strong>ficial statebusiness to which the employee is attending.With sufficient justification, the department head or his or her designee can make an exception tothis requirement prior to travel commencing.Frequent Flyer MilesFrequent flyer miles earned by a state employee while traveling on state business at stateexpense are the property <strong>of</strong> the state. Frequent flyer miles accumulated by an individual stateemployee during previous state business trips should, to the extent possible, be used by the stateemployee accumulating the frequent flyer miles while traveling on future state business trips.Coupons or Certificates for Reduced Air FareCoupons or certificates for reduced air fare if acquired by a state employee while traveling onstate business at state expense are the property <strong>of</strong> the <strong>State</strong> <strong>and</strong> should be used, to the extentpossible, by the state employee on future state business trips.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 145Fees <strong>and</strong> Service ChargesWith sufficient justification <strong>and</strong> documentation <strong>and</strong> with approval <strong>of</strong> the department head or hisor her designee, state employees can be reimbursed for usual, customary, <strong>and</strong> reasonable fees<strong>and</strong> services charges imposed by travel agents for assistance in making travel arrangements.Transportation by Personal VehicleActual mileage is reimbursable. Mileage is measured from the closer <strong>of</strong> duty station or point <strong>of</strong>departure to destination (<strong>and</strong> return). The business st<strong>and</strong>ard mileage rate set by the InternalRevenue Service (40.5 cents per mile effective January 1, 2005) will be paid. Parking fees,tolls, <strong>and</strong> storage fees are reimbursable when the require receipts are obtained. However, if astate employee chooses to use a personal vehicle when a state-owned vehicle is available, alldepartments <strong>and</strong> agencies will reimburse the employee at the motor fleet rate for mileage (23cents per mile effective July 1, 2004).Transportation by a Rental VehicleRental vehicles may be used, however, rental vehicles are not to be used at state expense solelyfor the convenience or personal preference <strong>of</strong> the employee. A receipt is necessary forreimbursement.Transportation by <strong>State</strong> VehicleProcedures for obtaining <strong>and</strong> using state vehicles owned by the Division <strong>of</strong> Motor Fleet<strong>Management</strong> (Department <strong>of</strong> Administration) are set out in the Rules <strong>and</strong> Regulations providedby that division. Every individual who uses a permanently assigned state-owned passengermotor vehicle, pickup truck, or van to drive between his <strong>of</strong>ficial workstation <strong>and</strong> his home, shallreimburse the state for these trips at a rate computed by the Department <strong>of</strong> Administration.Transportation by Chartered AircraftThe use <strong>of</strong> charter aircraft must be approved by the department head or his or her designee,provided the following is substantiated <strong>and</strong> put in writing:• A state aircraft is not available or not appropriate for the size <strong>of</strong> the party traveling or thedestination airport.• The use <strong>of</strong> a charter flight is more economical than a commercial flight.• The use <strong>of</strong> a charter flight is necessary because <strong>of</strong> unusual travel circumstances.Transportation by Use <strong>of</strong> Aircraft Owned by a <strong>State</strong> EmployeeReimbursement for costs incurred in the use <strong>of</strong> aircraft, owned by a state employee, on <strong>of</strong>ficialstate business may be approved by the department head or his or her designee, provided thefollowing is substantiated <strong>and</strong> put in writing:• The use <strong>of</strong> the aircraft owned by a state employee is necessary because <strong>of</strong> unusual travelcircumstances <strong>and</strong> is not for the sole convenience <strong>of</strong> the employee who owns the plane.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 146• The use <strong>of</strong> the aircraft, owned by a state employee, at the rates published below ischeaper than any other method <strong>of</strong> air travel.• The allowable reimbursement rate for aircraft owned by a state employee is $.68 per mileper passenger.Non-state Employee RidersNon-state employees may accompany state employees in state-owned vehicles when they have abusiness interest in the purpose <strong>of</strong> the trip <strong>and</strong> their presence is related to state business .Students <strong>of</strong> state universities, colleges, <strong>and</strong> institutions may be passengers in state-ownedvehicles to attend athletic events <strong>and</strong> other activities <strong>of</strong>ficially sanctioned by the institution,provided the proper account is reimbursed at the st<strong>and</strong>ard mileage cost rate by the studentactivity fund involved. Spouses <strong>and</strong> children <strong>of</strong> state employees may accompany them in stateownedvehicles, if space is available <strong>and</strong> all travel is strictly for <strong>of</strong>ficial state business [G.S. 143-341(8)(i)(7) grants Department <strong>of</strong> Administration rule-making authority in this area].Hitchhikers are not permitted to ride in state-owned vehicles.Transportation by <strong>State</strong> Vehicle at DestinationAt the employee's destination, state-owned vehicles may be used prudently for travel to obtainmeals, but not for private purposes or for entertainment while <strong>of</strong>f duty. No common carrier orpublic transportation fares are reimbursable on a trip on which an employee uses a state-ownedvehicle, unless it is shown that such transportation was more economical in a particular situation.CommutingNo reimbursement shall be made for the use <strong>of</strong> a personal vehicle in commuting from anemployee's home to his duty station. (No mileage reimbursement is allowed to employees on"call back" status.) For the state's policy on compensation to employees on "call back" status,see the <strong>State</strong> Personnel <strong>Manual</strong>.Travel to/from Airport at Employee's Duty StationReimbursement for travel between the employee's duty station or home (whichever is less) <strong>and</strong>the nearest airline terminal (or train/bus station if applicable) <strong>and</strong> for parking may be made underthe following circumstances.For travel by:• Taxi or Airport Shuttle - Actual costs with receipts.• Private car - the business st<strong>and</strong>ard mileage rate set by the Internal Revenue Services for amaximum <strong>of</strong> two round trips with no parking charge, or for one round trip with parkingcharges. Receipts are required for airport parking claims.• Use <strong>of</strong> Public Transportation – In lieu <strong>of</strong> using a taxi or airport shuttle, employees can bereimbursed without receipts $5 for each one-way trip either from the airport tohotel/meeting or from the hotel/meeting to the airport.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 147Travel to/from Airport at Employee's DestinationReimbursement for travel to <strong>and</strong> from the airline terminal (or train/bus station if applicable) atthe employee's destination may be made where travel is via most economical mode available aslisted below:• Taxi or Airport Shuttle service – Actual costs with receipts.• Rental vehicles - may be used with the prior approval <strong>of</strong> the department head or his orher designee; however, rental vehicles may not be used for the sole convenience <strong>of</strong> theemployee (receipt required).• Use <strong>of</strong> Public Transportation – In lieu <strong>of</strong> using a taxi or airport shuttle, employees can bereimbursed without receipts $5 for each one-way trip either from the airport tohotel/meeting or from the hotel/meeting to the airport.Travel Involving Trips Other than to <strong>and</strong> from the AirportThe actual cost <strong>of</strong> taxi <strong>and</strong> shuttle service fares are reimbursable when required for travel on<strong>of</strong>ficial state business. The request must be documented with a receipt. The use <strong>of</strong> publictransportation is reimbursable up to $5 per one way trip.Authorization for Out-<strong>of</strong>-Country TravelAll out-<strong>of</strong>-country travel must be authorized by the department head or such department <strong>of</strong>ficialdesignated by him or her.Out-<strong>of</strong>-country travel status begins when the employee leaves the country <strong>and</strong> remains in effectuntil the employee returns to the country. If the employee <strong>and</strong> other qualified <strong>of</strong>ficial travelersuse hotel <strong>and</strong> meal facilities located outside North Carolina, but within the continental United<strong>State</strong>s, immediately prior to <strong>and</strong> upon returning from out-<strong>of</strong>-country travel but during the sametravel period, out-<strong>of</strong>-state subsistence rates shall apply.Travel AdvancesAll employees who travel on state business may be issued advances when authorized by thedepartment head or his or her designee in order that personal funds will not be required. Fiscalrecords must be maintained by the department for proper control.Eligibility for advances <strong>and</strong> reporting requirements are as follows:• <strong>State</strong> Employees who have been issued state credit cards for travel purposes shouldnot be issued travel advances, unless there is substantiated justification.• Travel advances for occasional travel must not exceed the estimated cost <strong>of</strong> the trip <strong>and</strong>may not be issued more than five working days prior to the date <strong>of</strong> departure. Advancesmust be deducted from the reimbursement request on the travel expense report which


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 148shall be submitted within 30 days after the travel period or June 30, whichever comesfirst.• Travel advances for regularly scheduled travel for employees who travel each month,an annual advance <strong>of</strong> funds equal to the average monthly expense may be made. Allreimbursement requests shall be filed <strong>and</strong> paid monthly for incurred expenses <strong>and</strong> theadvance must be repaid as <strong>of</strong> June 30 annually or earlier if required by the agency. If it isdetermined that the monthly reimbursement has averaged less than the annualadvancement, the advance must be reduced to the newly established amount.Travel Policies for <strong>State</strong> OfficialsPolitical Functions<strong>State</strong> <strong>of</strong>ficials, both elected <strong>and</strong> appointed, sometimes attend political functions or meetings.The following policies are intended to be guidelines for the payment from state funds for travel<strong>and</strong> subsistence costs surrounding the attendance <strong>of</strong> state public <strong>of</strong>ficials at political functions ormeetings.Travel Related to a Political FunctionNo state funds may be used to pay travel <strong>and</strong>/or subsistence costs for a state <strong>of</strong>ficial whileattending a political function or meeting. In the event a state-owned aircraft is used, thereimbursement rate will be the actual operating cost rate per flight hour. If a state-owned vehicleis used, the reimbursement rate to the state will be the motor pool rate.Travel Related to Official <strong>State</strong> Business that includes Political FunctionsIf a trip includes both <strong>of</strong>ficial state business <strong>and</strong> political functions or meetings, state funds maybe used to pay up to one-half <strong>of</strong> the travel <strong>and</strong>/or subsistence costs. In the event that a stateownedaircraft is used, the cost to the state will be charged at the regular rate per flight hour <strong>and</strong>the charge to a non-state source will be at the actual operating cost rate per flight hour. If a stateownedvehicle is used, the reimbursement rate to the state will be the motor pool rate.All Other TravelTravel reimbursement policies <strong>and</strong> regulations for all other travel for state <strong>of</strong>ficials is the same asfor state employees.Travel Policies for Members <strong>of</strong> <strong>State</strong> Boards, Commissions, Committees, <strong>and</strong>Councils (Other than Licensing Boards <strong>and</strong> Members <strong>of</strong> the GeneralAssembly)Per Diem CompensationPursuant to G.S. 138-5(a)(1), non-state employees who are members <strong>of</strong> state boards,commissions, committees, <strong>and</strong> councils shall receive $15 per day <strong>of</strong> <strong>of</strong>ficial service. <strong>State</strong>employees <strong>and</strong> members <strong>of</strong> all state boards, commissions, <strong>and</strong> councils whose salaries or anyportion <strong>of</strong> whose salaries are paid from state funds shall receive no per diem compensation fromstate funds for their services. It is the responsibility <strong>of</strong> the fiscal <strong>of</strong>ficer <strong>of</strong> the Board,


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 149Commission, Committee, or Council to insure that such per diem compensation is not paid tostate employees.SubsistenceMeal subsistence for non-state employee members <strong>of</strong> state boards, councils, commissions, orcommittees is a daily, lump-sum allowance payable per day <strong>of</strong> <strong>of</strong>ficial service. Meals <strong>and</strong>lodging are to be reimbursed as follows:In-<strong>State</strong> Travel:• $32.00 for meals.• Actual expenses up to $59.75 lodging documented by a receipt <strong>of</strong> actual lodgingexpenses for a commercial lodging establishment.Out-<strong>of</strong>-<strong>State</strong> Travel:• $34.00 for meals.• Actual expenses up to $71 lodging documented by a receipt <strong>of</strong> actual lodgingexpenses for a commercial lodging establishment.Excess SubsistenceAuthorization for excess expenses for in-state or out-<strong>of</strong>-state travel may be granted by thedepartment head or the board chairperson head or his/her designee when such costs are includedin registration fees <strong>and</strong>/or there are predetermined charges.Authorization for Out-<strong>of</strong>-state travelExpenses for out-<strong>of</strong>-state travel on <strong>of</strong>ficial business shall be reimbursed only upon authorizationobtained in the manner prescribed by regulations governing out-<strong>of</strong>-state travel for stateemployees.TransportationTransportation policies <strong>and</strong> regulations are the same as for those for state employees, except thata mileage reimbursement rate set by any other law by reference to G. S. 138-6(a)(1) isestablished at 25 cents a mile, not the IRS rate.Subsistence <strong>of</strong> <strong>State</strong> Employees serving as Board MembersAs allowed under G.S. 138-6, a state employee who is a member <strong>of</strong> a state board, commission,committee or council that operates from funds deposited with the <strong>State</strong> Treasurer, may bereimbursed for actual cost <strong>of</strong> any meal (including lunch) eaten while on <strong>of</strong>ficial state business ifthe meal is preplanned as part <strong>of</strong> the meeting for the entire board, commission, committee, orcouncil. However, when an overnight stay is required, the state employee is limited to a dailyreimbursement as follows:SubsistenceIn-<strong>State</strong> Travel


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 150• $32.00 for meals.• Actual expenses up to $59.75 lodging documented by a receipt <strong>of</strong> actuallodging expenses for a commercial lodging establishment.Out-<strong>of</strong>-<strong>State</strong>• $34.00 for meals.• Actual expenses up to $71 lodging documented by a receipt <strong>of</strong> actuallodging expenses for a commercial lodging establishment.No Overnight StayWhen an overnight stay is not required, the state employee is allowed actual cost <strong>of</strong> anymeal (including lunch) eaten while on <strong>of</strong>ficial state business if the meal is preplanned aspart <strong>of</strong> the meeting for the entire board, commission, committee or council.Other MealsIf the employee is eligible for reimbursement for any other meal, that reimbursement islimited by the same reimbursement amounts <strong>and</strong> regulations as those allowed for in-state<strong>and</strong> out-<strong>of</strong>-state travel by a state employee who is not a member <strong>of</strong> a state board,commission, committee, or council.MeetingsRefreshments, i.e., c<strong>of</strong>fee, s<strong>of</strong>t drinks, cookies, doughnuts, may be served at <strong>of</strong>ficialboard meetings. Reimbursement may be paid from state funds for actual cost not toexceed $4.00 per member <strong>and</strong> required staff, per meeting per day. "Required Staff" shallbe defined as an employee who, in the regular course <strong>of</strong> his duties, is expected to attendthe meeting <strong>and</strong> any other employee whose presence is necessary to accomplish apurpose <strong>of</strong> the meeting.Travel Policies for Licensing Boards (Other than <strong>State</strong> Employees)Per Diem CompensationPursuant to G.S. 93B-5, non-state employee members <strong>of</strong> licensing boards shall receive$100.00 per day <strong>of</strong> <strong>of</strong>ficial service. <strong>State</strong> employees <strong>and</strong> members <strong>of</strong> all licensing boardswhose salaries or any portion <strong>of</strong> whose salaries are paid from state funds shall receive noper diem compensation from state funds for their services. It is the responsibility <strong>of</strong> thebudget <strong>of</strong>ficer <strong>of</strong> the licensing board to insure that such per diem compensation is notpaid to state employees.SubsistenceSubsistence policies <strong>and</strong> regulations are the same as for those for state employees.Convention RegistrationConvention registration policies <strong>and</strong> regulations are the same as for those for stateemployees.Transportation


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 151Transportation policies <strong>and</strong> regulations are the same as for those for state employees,except that a mileage reimbursement rate set by any other law by reference to G. S. 138-6(a)(1) is established at 25 cents a mile, not the IRS rate.MeetingsRefreshments, i.e., c<strong>of</strong>fee, s<strong>of</strong>t drinks, cookies, doughnuts, may be served at <strong>of</strong>ficialboard meetings. Reimbursement may be paid from state funds for actual cost not toexceed $4.00 per member <strong>and</strong> required staff, per meeting per day. "Required Staff" shallbe defined as an employee who, in the regular course <strong>of</strong> his duties, is expected to attendthe meeting <strong>and</strong> any other employee whose presence is necessary to accomplish apurpose <strong>of</strong> the meeting.Travel Policies for Members <strong>of</strong> the General Assembly Serving on <strong>State</strong> Boards,Commissions, Committees, <strong>and</strong> CouncilsPer Diem CompensationPursuant to G.S. 120-3.1, per diem compensation is not applicable.SubsistenceA member <strong>of</strong> the General Assembly shall receive a subsistence allowance for meals <strong>and</strong>lodging at a daily rate (which is currently $104) equal to the maximum per diem rate forfederal employees traveling to Raleigh, N.C., as set out at 58 Federal Register 67959(December 22, 1993), while the General Assembly remains in session, <strong>and</strong>, except asotherwise provided in this subsection when, with the approval <strong>of</strong> the Speaker <strong>of</strong> theHouse in the case <strong>of</strong> Representatives or the President Pro Tempore <strong>of</strong> the Senate in case<strong>of</strong> Senators, the member is:• Traveling as a representative <strong>of</strong> the General Assembly or <strong>of</strong> its committeesor commissions.• Otherwise in the service <strong>of</strong> the state.Excess SubsistenceA member who is authorized to travel, whether in or out <strong>of</strong> session, within the United<strong>State</strong>s but outside <strong>of</strong> North Carolina may elect to receive, in lieu <strong>of</strong> the amount providedin the preceding paragraph, a subsistence allowance <strong>of</strong> twenty-six dollars ($26.00) a dayfor meals, plus actual expenses for lodging when evidenced by a receipt satisfactory tothe Legislative Services <strong>Office</strong>r, not to exceed the maximum per diem rate for federalemployees traveling to the same place, as set out at 58 Federal Register 67950-67964(December 22, 1993) <strong>and</strong> at 59 Federal Register 23702-23709 (May 6, 1996).TransportationA member will receive a travel allowance at the rate equal to the business st<strong>and</strong>ardmileage rate set by the Internal Revenue Service whenever the member travels, whetherin or out <strong>of</strong> session, as a representative <strong>of</strong> the General Assembly or <strong>of</strong> its committees orcommissions, with the approval <strong>of</strong> the Legislative Services Commission.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 152Convention RegistrationConvention registration policies <strong>and</strong> regulations are the same as for those for stateemployees.Travel Policies for Non-<strong>State</strong> EmployeesNon-state EmployeesNon-state employees traveling on <strong>of</strong>ficial state business whose expenses are paid by thestate are subject to these regulations, including statutory subsistence allowances, to thesame extent as are state employees. Travel expenses for members <strong>of</strong> a non-employee'sfamily are not eligible to be paid by the state. No travel advances will be made to nonstateemployees.Prospective Pr<strong>of</strong>essional EmployeesA department head or his or her designee is authorized to approve reimbursement <strong>of</strong>transportation expenses <strong>of</strong> prospective pr<strong>of</strong>essional employees visiting state departmentsfor employment interviews. These expenses are limited to transportation <strong>and</strong> subsistencefor 3 days (5 days if one is a Saturday) at the in-state rate. The department head or his orher designee may approve excess lodging expenses.StudentsStudents at state institutions who travel on <strong>of</strong>ficial state business other than for athleticevents or student organizations <strong>and</strong> whose expenses are paid or reimbursed by the stateare subject to these regulations, including statutory subsistence allowances, to the sameextent as are state employees. Travel by students for the purpose <strong>of</strong> participating inathletic contests <strong>and</strong> activities <strong>of</strong> student organizations must be paid from fundssupporting the particular organization or activity.AttendantsPayment <strong>of</strong> travel <strong>and</strong> subsistence expenses (motel <strong>and</strong> meal costs) for attendants forh<strong>and</strong>icapped employees while traveling on <strong>of</strong>ficial state business may be reimbursed tothe same extent as are state employees if advance approval is obtained from thedepartment head or his or her designee.Expert Witness FeesA person used by any state department, agency, commission, committee, licensing board,or council as an expert witness may be reimbursed an agreed upon fee by said group. Alltravel costs will be reimbursed the same as for state employees. The source <strong>of</strong> funds usedfor such expenditures should comply with G.S. 143-23(a2)(2), unless otherwise directedby the General Assembly.Conferences, Seminars, Workshops, Training Sessions <strong>and</strong> RetreatsExternal Conference DefinitionExternal conferences are those that involve the attendance <strong>of</strong> persons other than theemployees <strong>of</strong> a single state department, institution or agency. Payment for meals is


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 153allowable if included in the registration fee, but such fee must not consist exclusively <strong>of</strong>meal or it will not be allowable unless meeting overnight travel criteria. The registrationfee is typically made for defraying the cost <strong>of</strong> speakers, building (room) use, h<strong>and</strong>outmaterials, breaks <strong>and</strong> lunches at conferences <strong>and</strong> conventions. These fees are charged toother services "Registration Fees." The agency may require itemization <strong>and</strong>/ordocumentation <strong>of</strong> expenses. Conferences sponsored or co-sponsored by a statedepartment are authorized when they meet the limitations <strong>and</strong> requirements listed below.Requirements <strong>and</strong> Limitations for External ConferencesThe conference is planned in detail in advance, with a formal agenda or curriculum.There is a written invitation to participants, setting forth the calendar <strong>of</strong> events, the socialactivities, if any, <strong>and</strong> the detailed schedule <strong>of</strong> costs.Assemblies should be held in state facilities; however, non-state facilities can be rented<strong>and</strong> the cost charged to a state agency without allocation to participants' daily subsistenceallowances.The sponsoring department may charge registration fees to participants for costs <strong>of</strong>external conferences.Registration fees may not include costs <strong>of</strong> entertainment, alcoholic beverages, setups, orflowers. Registration fees collected <strong>and</strong> not used to defray expenses <strong>of</strong> the particularconference may not be used for other programs <strong>and</strong> must revert to the general or highwayfund as applicable (G.S. 138-6(a)(4)).Sponsoring departments may provide refreshments for “c<strong>of</strong>fee breaks” provided there aretwenty or more participants <strong>and</strong> the costs do not exceed four dollars ($4.00) perparticipant per day.When assemblies are to be held under the sponsorship <strong>of</strong> a state department in which thefunding for all participants is budgeted, lump-sum payments to a conference center or anorganization may be made upon written authorization from the department head or his orher designee. The authorization must provide the following:• The number <strong>of</strong> persons expected to attend.• The purpose <strong>and</strong> duration <strong>of</strong> the conference.• The specific meals to be served at the conference (law prohibits lunchesbeing provided to state employees unless registration fees are charged toall attendees).• The approximate daily subsistence cost per person.• The name <strong>of</strong> the conference center, hotel, caterer, or other organizationproviding the service.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 154It is the responsibility <strong>of</strong> the departments to ensure that reimbursement for mealsincluded in the lump-sum payment is not also included in reimbursement payments madeto state employees who are conference participants.Internal Conference DefinitionInternal conferences are those that involve the attendance <strong>of</strong> employees within thatparticular department, institution or agency only. No payment for meals is allowableunless overnight travel criteria are met. A routine staff meeting is not an internalconference.Requirements <strong>and</strong> Limitations for Internal Conferences• The conference is planned in detail in advance, with a formal agenda orcurriculum.• There is a written invitation to participants, setting forth the calendar <strong>of</strong> events<strong>and</strong> the detailed schedule <strong>of</strong> costs.• No excess travel subsistence may be granted for internal departmental meetings,conferences, seminars, etc., <strong>and</strong> such meetings must be held in state facilitieswhen available. No registration fee may be charged.• Sponsoring departments may provide refreshments for "c<strong>of</strong>fee breaks" providedthere are twenty or more participants <strong>and</strong> costs do not exceed four dollars ($4.00)per participant per day.• A department cannot use state funds to support or underwrite a meeting,assembly, conference, seminar, rally, celebration, or similar function by whatevername called that promotes any cause or purpose other that the mission <strong>and</strong>objective <strong>of</strong> the department.Training Session DefinitionEmployee training involves courses that further develop an employee’s knowledge, skill,<strong>and</strong> ability to perform the duties <strong>of</strong> his/her present job, such as, courses on computerusage or management skills development. These courses generally have a set fee, are <strong>of</strong>relatively short duration, <strong>and</strong> are not part <strong>of</strong> a curriculum the employee is participating inleading to an educational degree.Requirements <strong>and</strong> Limitations for Training Sessions• Fees for training courses that provide training in specific areas are charged in theAccounting system to “Employee Training” under “Other Services.”• Departments sponsoring training sessions may provide refreshments for “c<strong>of</strong>feebreaks” provided there are twenty or more participants <strong>and</strong> costs do not exceedfour dollars ($4) per participant per day.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 155<strong>Management</strong> Retreat DefinitionA management retreat is a meeting or series <strong>of</strong> meetings consisting <strong>of</strong> a department ordivision head <strong>and</strong> his or her top assistants <strong>and</strong> coworkers. Retreats are sometimes held ata site other that the usual workplace <strong>and</strong> are held no greater that once a year.Requirements <strong>and</strong> Limitations for <strong>Management</strong> Retreats<strong>State</strong> employees who are elected by a vote <strong>of</strong> the people or appointed by the governor,the president <strong>of</strong> The University <strong>of</strong> North Carolina, the chancellors <strong>of</strong> the constituentinstitutions <strong>of</strong> the university, the executive director <strong>of</strong> University <strong>of</strong> North CarolinaHospitals at Chapel Hill, chairman <strong>of</strong> the <strong>State</strong> Board <strong>of</strong> Education, <strong>and</strong> the president <strong>of</strong>the Community College System may authorize an annual management retreat.Expenditures are permissible in a manner as if it were an internal conference.Informal Meetings with Guests <strong>of</strong> Department HeadsInformal Meeting DefinitionAn informal meeting is a meeting consisting <strong>of</strong> a department head or his/her designee <strong>and</strong>non-state employees during which <strong>of</strong>ficial state business is discussed for the majority <strong>of</strong>the meeting. Informal meetings are one-time occurrences <strong>and</strong> are not held on a recurringor routine basis.Requirements <strong>and</strong> Limitations for informal meetings<strong>State</strong> employees who are elected by a vote <strong>of</strong> the people or appointed by the governor,the president <strong>of</strong> The University <strong>of</strong> North Carolina, the chancellors <strong>of</strong> the constituentinstitutions <strong>of</strong> the university, the executive director <strong>of</strong> University <strong>of</strong> North CarolinaHospitals at Chapel Hill, chairman <strong>of</strong> the <strong>State</strong> Board <strong>of</strong> Education, <strong>and</strong> the President <strong>of</strong>the Community College System, or their designee when given prior written approval bythe department head for a specific event, may be reimbursed from state funds for actualcosts <strong>of</strong> meals for themselves <strong>and</strong> individuals who are not state employees who are theirguests, when accompanying them in the course <strong>of</strong> conducting <strong>of</strong>ficial state business.Cost <strong>of</strong> meals <strong>and</strong> other expenses for family members <strong>of</strong> the above referenced state<strong>of</strong>ficials are not reimbursable.Telephone CallsLong DistanceEmployees are not allowed to charge long distance phone calls to the state for calls made<strong>of</strong> a personal nature, except as stated below. All long distance calls that are to be paid bythe state are those made pursuant to the employee conducting <strong>of</strong>ficial state business.ReimbursementOfficial phone calls are reimbursable under "Miscellaneous." Individual calls over $5.00must be identified as to point <strong>of</strong> origin <strong>and</strong> destination.Allowable Personal Calls


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 156An employee who is in travel status for two or more consecutive nights in a week isallowed one personal long distance telephone call for each two nights for whichreimbursement to the employee may not exceed $3.00 for each in-state call or $5.00 foreach out-<strong>of</strong>-state call.Employee emergency callsEmployees may use the state network system, state credit card, or may be reimbursed fora personal long distance call(s) if such call(s) is/are <strong>of</strong> an emergency nature asdetermined by the department. An example is a call made when an employee calls hometo inform someone that the travel period has been extended beyond original plans due tounforeseen reasons.Mobile TelephonesBecause mobile telephone charges (cellular <strong>and</strong> digital) are based on measured use, nopersonal calls should be made on mobile telephones except in case <strong>of</strong> emergency asdetermined by the department. Mobile telephone calls to conduct <strong>of</strong>ficial state businessshould only be used when more economical means <strong>of</strong> telephoning are not reasonablyavailable.If an employee uses his/her personal mobile telephone in conducting state business, theemployee can be eligible for reimbursement. In order for the agency to reimburse theemployee, the employee must indicate on his/her telephone bill the reimbursable calls,individuals called, <strong>and</strong> nature <strong>of</strong> calls <strong>and</strong> submit the telephone bill to their supervisor forapproval. If the supervisor approves the calls as state business related, the agency willreimburse the actual billed cost <strong>of</strong> the call.Use <strong>of</strong> Telephone with Computer Hook-upsEmployees traveling on state business who need to transmit data electronically (includingemail) or use the Internet for state business purposes should use the most cost-efficientmanner available, including services available through the <strong>State</strong>'s InformationTechnology Services (ITS) access.ExceptionsAny exception to the rules <strong>and</strong> regulations as herein stated in the <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong>, exceptthose expressly delegated, must be approved in advance by <strong>OSBM</strong>.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 157PERSONNEL POLICIES AND REGULATIONS INDEXContracts between state agencies, departments, institutions 169Contractual services 168Dual employment 162Employee training fees 167Employee tuition fees 167Exceptions 158Executive development fees 168Honoraria 173Moving <strong>and</strong> relocating 170Salary control 159Salary reserve 159Unemployment compensation 159Workers’ compensation 160Fiscal Policies <strong>and</strong> Regulations Related to PersonnelSalary ControlThe Salary Control Unit in the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> serves as a control pointfor all matters regarding salary. Its functions include:• The establishment <strong>and</strong> maintenance <strong>of</strong> records necessary to prevent the overcommitment<strong>of</strong> budgeted salaries.• The processing <strong>and</strong> approval <strong>of</strong> all budget revisions involving salary reserve transfers.• The compilation <strong>of</strong> data on position counts <strong>and</strong> vacancies.Unless authority has been delegated to an agency, all budget revisions (BD-606) related to salarygo through this unit for approval. Although this unit maintains records on salary reservebalances for control purposes, each departmental budget <strong>of</strong>ficer is charged with maintainingsalary control records (salary reserve).Salary ReserveAdditional information can be found in Section 3, <strong>Budget</strong> Execution.Unemployment CompensationChapter 96 <strong>of</strong> the General Statutes <strong>of</strong> North Carolina provides for full unemployment insurancefor all North Carolina employees, both private <strong>and</strong> public.Fiscal management <strong>of</strong> all state agencies should be knowledgeable <strong>of</strong> its requirements <strong>and</strong>provisions. The state personnel manual provides information relating to claims <strong>and</strong> services foremployees.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 158Under the provisions <strong>of</strong> G.S. 96.9(d), the <strong>State</strong> <strong>of</strong> North Carolina elected in lieu <strong>of</strong> payingpremiums, to become liable for unemployment compensation payments made on its behalf by theEmployment Security Commission. Among the requirements is the provision that remittancesshall be paid by each employing unit (department) within 25 days <strong>of</strong> invoicing (G.S. 96.9(f)(1)).Late payments are subject to a 10% penalty.Each agency must give the highest priority to verifying the statement <strong>and</strong> remitting payment infull to the Employment Security Commission, within the 25-day limit. Questionable items, forwhich agreement cannot be obtained immediately, should be paid. The Employment SecurityCommission will give credit on questionable items decided in favor <strong>of</strong> the agency, <strong>and</strong> this creditwill be applied on the next statement.Each agency must provide a line item from which this staff benefit will be paid (see chart <strong>of</strong>accounts). When funding is already budgeted, immediate disbursement should be made. Ininstances where insufficient or no funding is budgeted, agencies must locate funds within theirdepartments to meet this obligation. <strong>Budget</strong> requests to transfer funds into the proper line itemfor disbursement should be made to <strong>OSBM</strong>. Payments to cover employees not supported fromappropriated funds should be paid from the same source that supported their base salaries orfrom reserves set up for that purpose. <strong>OSBM</strong> establishes the requirements for the reserve fundsbased on employment levels <strong>and</strong> trends. Notification <strong>of</strong> rate changes will be provided asnecessary.The Employment Security Commission sends detailed statements to the agencies for each fiscalperiod. Agency identity <strong>and</strong> budget codes are provided within the account number on theheading <strong>of</strong> the statement. General fund codes <strong>and</strong> special fund codes will carry differentnumbers.Workers' CompensationThe North Carolina Workers' Compensation Act, Chapter 97 <strong>of</strong> the General Statutes, asamended, covers all <strong>of</strong>ficers <strong>and</strong> employees <strong>of</strong> the state, including those who are elected by thepublic or by the General Assembly, or appointed by the Governor to serve on a per diem, parttime or fee basis, with or without the confirmation <strong>of</strong> the General Assembly.When an employee <strong>of</strong> the <strong>State</strong> <strong>of</strong> North Carolina is injured on the job, responsibility forclaiming Workers' Compensation benefits begins with the injured employee. The injuredemployee should file the claim with his/her supervisor, personnel <strong>of</strong>ficer, or workers'compensation administrator. Each department, institution, or agency should report each accidentor injury to the Industrial Commission on forms provided. The provisions <strong>of</strong> the Workers'Compensation Act <strong>and</strong> the requirements <strong>of</strong> the Industrial Commission should be followed inpreparing this report.Each department, institution, or agency is responsible for properly investigating a Workers'Compensation claim before accepting liability for the injury on behalf <strong>of</strong> the state. Departments


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 159needing assistance in this matter should contact their department's legal staff or the AttorneyGeneral's <strong>Office</strong>.The <strong>State</strong> <strong>of</strong> North Carolina is self-insured for the payment <strong>of</strong> Workers' Compensation claims.As there are generally no appropriations to cover Workers' Compensation claims, eachdepartment, institution, or agency is required to pay its own claims out <strong>of</strong> its own appropriation.When necessary, each department should submit a budget revision (BD 606) to <strong>OSBM</strong> totransfer funds to account number 53 163X.Workers' Compensation Benefits as follows:• 53 1630 Workers' Compensation Summary: General category for summation <strong>of</strong>all expenditures that are paid under the workers' compensation program.<strong>Budget</strong> revisions should reflect the detail level listed below.• 53 1631 Medical Benefits: This includes medical, surgical, hospital, nursingservices, medicines, sick travel, rehabilitation services, <strong>and</strong> medical <strong>and</strong>surgical supplies.• 53 1632 Temporary Disability Payments: This includes any expenditures paidunder an agreement to pay compensation for time lost from work.• 53 1633 Permanent Disability Payments: This includes payment fordisfigurement <strong>and</strong> permanent full <strong>and</strong> partial disability ratings given at the end<strong>of</strong> the healing period.• 53 1634 Death Benefits: This includes compensation paid to a surviving spouse ordependent child <strong>and</strong> allowance for funeral expense.Unless otherwise approved by <strong>OSBM</strong>, the use <strong>of</strong> state appropriated funds, or other public funds,to purchase worker's compensation insurance from private insurance carriers is an inappropriateuse <strong>of</strong> these funds <strong>and</strong> is not an authorized expenditure.The <strong>State</strong> Employee's Disability Salary Continuation Plan includes a provision for coordination<strong>of</strong> benefits among various insurance plans through a reduction formula.When an injured worker receives Workers' Compensation benefits, Disability SalaryContinuation Plan benefits are reduced accordingly.Safety Shoe Allowance for <strong>State</strong> EmployeesIn compliance with Occupational Safety <strong>and</strong> Health Administration (OSHA) <strong>and</strong> <strong>Office</strong> <strong>of</strong> <strong>State</strong>Personnel policy provisions related to personal protective equipment, <strong>and</strong> to ensure that <strong>State</strong>employees are provided ample opportunity to purchase the proper <strong>and</strong> necessary safety shoesrequired by the job for adequate foot protection, the annual reimbursement allowance for the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 160purchase <strong>of</strong> safety shoes is set at $80 per year. The <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> <strong>and</strong>the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Personnel shall review the safety shoe reimbursement practice each bienniumin order to adjust the allowance to reflect inflationary changes. Any exception to this policymust be approved in advance by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>.Dual EmploymentPurposeThe dual employment policy is a statewide uniform policy to be followed when one statedepartment secures the services <strong>of</strong> an employee <strong>of</strong> another state department on a parttime,consulting, or contractual basis. It is recognized that conditions vary widely fromdepartment to department, however this policy will attempt to cover as many differentsituations as possible <strong>and</strong> to strike a sound balance between the interests <strong>of</strong> the state, thedepartment, the employee <strong>and</strong> the public. For employees engaged on a full time basis,any additional work for other than a state department is termed secondary employment<strong>and</strong> is covered in the <strong>State</strong> Personnel <strong>Manual</strong> (Section 1-5.2). Form CP-30 should beused for reporting purposes involving dual employment.Applications <strong>and</strong> ExclusionsThe policy applies to all state employees both subject to <strong>and</strong> exempt from the provisions<strong>of</strong> the <strong>State</strong> Personnel Act <strong>and</strong> to all state departments.It does not apply to employees in the public school system nor to employees <strong>of</strong>institutions in the community college system. Employees in these systems are not stateemployees (for the purposes <strong>of</strong> Dual Employment regulations); they are employed bylocal boards <strong>of</strong> education <strong>and</strong> local boards <strong>of</strong> trustees.This policy applies only in situations involving one employee <strong>and</strong> two agencies. Forsituations involving one employee assuming dual roles within the same agency, see the<strong>State</strong> Personnel <strong>Manual</strong>, Section 7, "Occasional or Sporadic Employment in a DifferentCapacity."DefinitionsParent departmentThe state department, agency, or institution having control over the services <strong>of</strong> theemployee, <strong>and</strong> from which the employee receives his or her regular paycheck.Borrowing departmentThe state department, agency, or institution seeking, on a temporary or part-time basis,the services <strong>of</strong> an employee <strong>of</strong> another state department.Straight-time employeeGenerally, an employee with a 40-hour per week work schedule, including employees onrotating shifts <strong>and</strong> those with split shifts. Permanent employees filling positions subjectto the <strong>State</strong> Personnel Act, with perhaps extremely rare exceptions, are straight-timeemployees for the purposes <strong>of</strong> this policy statement. Such persons, except when working


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 161odd or split shifts, are considered to be on their own time between 5:00 p.m. <strong>and</strong> 8:00a.m. <strong>and</strong> on Saturdays, Sundays, holidays, <strong>and</strong> while on annual leave.Variable-time employeeAn employee, though considered to be the incumbent in a full-time budgeted position,may be required to maintain on-duty status (normally, at a fixed work station) for only alimited number <strong>of</strong> hours per week. An example <strong>of</strong> a variable-time employee is a teacherin an institution <strong>of</strong> higher education who for one semester might be scheduled to teachclasses for fifteen hours a week, <strong>and</strong> for the next semester only ten hours but with theadded duty <strong>of</strong> advising students. The hours during which the employee advises might befixed, or the employee might have the option <strong>of</strong> scheduling his/her own appointments.Variable-time employees are considered to be on their own time except at those hourswhen they are required to be in scheduled on-duty status.Instructional Contractual ServicesThe employment by one higher education institution <strong>of</strong> a teacher under contract to anotherinstitution: An example <strong>of</strong> this practice is the exchange <strong>of</strong> teachers between two proximateinstitutions, such as the North Carolina School <strong>of</strong> the Arts <strong>and</strong> Winston-Salem <strong>State</strong> University.HonorariaNotwithst<strong>and</strong>ing any definitions previously given or henceforth to be given to the word"honorarium," any payment by one agency to an employee <strong>of</strong> another agency for any type <strong>of</strong>services is subject to the procedures <strong>of</strong> the Uniform <strong>State</strong>wide Policy on Dual Employment.GuidelinesPermission <strong>of</strong> parent departmentThe administrative head <strong>of</strong> the parent department must give approval in writing in each instance<strong>of</strong> an employee's performing services for pay for another state department.Approval should be granted or withheld after a careful weighing <strong>of</strong> the circumstances,considering such factors as the character <strong>of</strong> the services to be performed, the effect on the morale<strong>of</strong> other state employees, the ethical considerations involved, the temporary loss <strong>of</strong> the services<strong>of</strong> the individual to the parent department, the possibly reduced efficiency <strong>of</strong> the individual as aresult <strong>of</strong> fatigue or inattention to primary responsibilities, the urgency <strong>of</strong> the situation, possiblealternative arrangements, <strong>and</strong> other pertinent factors. If the administrative head <strong>of</strong> thedepartment is to perform services for pay for another state department, the <strong>Office</strong> <strong>of</strong> <strong>State</strong><strong>Budget</strong> <strong>and</strong> <strong>Management</strong> must approve the arrangements.<strong>State</strong>ment <strong>of</strong> employee's immediate supervisorIn any case <strong>of</strong> services performed for pay for a borrowing department during an employee's"own time", the employee's immediate supervisor must certify in writing that (a) the actual work<strong>and</strong> any related travel time will be performed outside <strong>of</strong> regularly scheduled working hours, <strong>and</strong>(b) the employee will not use "company time" to prepare for the services to the borrowingdepartment.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 162Payment for servicesIt is assumed that certain <strong>of</strong>ficials will make outside appearances <strong>and</strong> speeches, which are in facta part <strong>of</strong> their normal duties, <strong>and</strong> such <strong>of</strong>ficials should not expect to be paid for these occasions.If payment is to be made for services, the rate must be agreed upon in advance <strong>and</strong> may not beincreased merely because additional funds become available. Neither are retroactive paymentspermissible to persons who have already performed services without compensation. Commutingexpenses are not reimbursable.An employee under contract to an educational institution for an academic year (normally, ninemonths) is ordinarily considered to be a free agent during the summer notwithst<strong>and</strong>ing that suchemployee may be paid on a twelve month basis.Pr<strong>of</strong>essional Service ContractThe state or one <strong>of</strong> its departments may contract with a pr<strong>of</strong>essional corporation for the delivery<strong>of</strong> pr<strong>of</strong>essional services by one or more <strong>of</strong> its employees who are also state employees as long asthey are in compliance with all other regulations <strong>of</strong> the Dual Employment Policy. (Historically,this situation has occurred most frequently in agencies/institutions employing physicians who,through their private practice, are also working for another agency/institution throughcontractual arrangement). Strict adherence to these policies must ensure that employers willknow if the same person is working at more than one state job <strong>and</strong> will be able to see that timewhich is supposed to be spent at one job is in fact spent at that job <strong>and</strong> not at another job.Procedures for PaymentAll payments for services must be made by the borrowing department directly to the parentdepartment <strong>of</strong> the employee borrowed, <strong>and</strong> not to the employee.All payments for services <strong>of</strong> borrowed employees must be made by the borrowing departmentfrom dual employment line items. They may not be made from salaries <strong>and</strong> wages line items. Iffunds for part-time services are presently budgeted in salaries <strong>and</strong> wages line items, the <strong>Office</strong> <strong>of</strong><strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> will give favorable consideration to requests to transfer thesebudgeted amounts to dual employment lines if needed. The same would apply to transfer <strong>of</strong>funds budgeted for temporary wages.Employee's travel <strong>and</strong>/or subsistence expenses, if any, incurred in the performance <strong>of</strong> servicesfor the borrowing department, will be paid directly to the employee by the borrowingdepartment. (Commuting expenses are excluded.)All payments to the parent department must include the following:• Payment for employee's services.• Employer's Social Security contributions computed on the payment for services.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 163• Employer's retirement contribution computed on the amount <strong>of</strong> payment from above, ifapplicable (applicable when the borrowing agency is merely supporting a portion <strong>of</strong> theemployee’s regular salary; not applicable for additional compensation beyond theemployee’s regular salary).Subject to negotiation between the two departments, payments may include an amount for theoverhead expenses <strong>of</strong> the lending department to cover administrative <strong>and</strong> other indirect costs;payments may also include amounts for direct costs incurred by the parent department, agency,such as identifiable related expenses for clerical <strong>and</strong> duplicating services.If the work (including preparation) is performed during the employee's regular work schedule(normally 8:00 to 5:00, Monday through Friday), <strong>and</strong> the employee is not on leave, the employeemay not under any circumstances receive additional pay.Compensation must be in accordance with the minimum wage <strong>and</strong> overtime pay provisions,which require overtime payments <strong>of</strong> time <strong>and</strong> one-half the employee's regular rate <strong>of</strong> pay for thehours worked in excess <strong>of</strong> 40 in the week. However, if during any given workweek theemployee does not perform any work for the parent department, no overtime payment will berequired unless the employee works more than 40 hours for the borrowing department.If a straight-time employee is on authorized leave from regular duties with the parentdepartment, the employee may be paid for the extra work on the same basis as in the paragraphabove.In all cases <strong>of</strong> additional payment to an employee, the parent (lending) department must makethe payment to the employee as an addition to the employee's regular pay. This is necessary tomaintain the integrity <strong>of</strong> the retirement, social security, <strong>and</strong> federal <strong>and</strong> state income tax records.The parent department will budget <strong>and</strong> receive all payments from the borrowing agency asagency receipts, in an account titled "Reimbursement-Dual Employment." It is not permissibleto h<strong>and</strong>le such payments as refunds <strong>of</strong> expenditures. If the conditions above (no additional pay)apply, any receipt from the borrowing agency will be h<strong>and</strong>led by the lending department as anover-realization <strong>of</strong> the receipts line item.Maintaining RecordsThe extent <strong>of</strong> the practice <strong>of</strong> cross-hiring in state government must be periodically assessed.Borrowing departments must, therefore, maintain the following information for each instance:• Employee Information• Name <strong>of</strong> employee borrowed• Classification, rank, or title• Parent agency <strong>of</strong> employee• Character <strong>of</strong> services performed (lecture, consultation, etc.)• Time (hours <strong>and</strong> days) employed by borrowing department:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 164• During employee's regularly scheduled working hours• During employee's own time• Amount <strong>of</strong> payment to parent department:• For services• For employer's retirement <strong>and</strong> social security contributions• For indirect expenses <strong>of</strong> parent department• For related direct costs <strong>of</strong> parent department.Copies <strong>of</strong> the parent department head's approval must be attached. If applicable, the statement <strong>of</strong>the employee's immediate supervisor, referred to under the Guidelines section above, must alsobe attached.Instructional ServicesFor this type <strong>of</strong> regular-session dual employment, (<strong>and</strong> not applicable to summer school), thefollowing procedures for payment will apply where the teaching covers one or more courses foran entire academic period (quarter or semester):• The permission <strong>of</strong> the administrative head <strong>of</strong> the parent institution <strong>and</strong>/or the teacher'simmediate supervisor is implied <strong>and</strong> need not be documented.• The rate <strong>of</strong> pay <strong>and</strong> the amount <strong>of</strong> any related expenses must be agreed upon in writing inadvance.• Any additional salary payment made to the on-loan teacher for these outside services maybe included on the parent institution's regular payroll <strong>and</strong> may be paid out <strong>of</strong> the salariesline item carrying the teacher's regular contract salary. In these cases it is not necessaryto make payments from "Dual Employment Wages", <strong>and</strong> no budget revision is necessaryunless the over-realized receipts from the borrowing agency are required for a substituteteacher.• Ordinarily, any supplemental pay to the teacher for outside teaching would be h<strong>and</strong>led onthe parent institution's payroll as in the following example, where the regular contractpay is $1,500 per month <strong>and</strong> the pay for outside services is $200:Rate <strong>of</strong> Pay Gross Pay$1,500 $1,700• If the parent institution suffers a loss as a result <strong>of</strong> the loan <strong>of</strong> the teacher, the teacher'stotal compensation should be adjusted. Example: There is a teacher whose nine-monthsalary for teaching four classes per semester is $9,000. By arrangement, the teachingassignment at the parent institution for the year is reduced to two classes per semester,but the teacher will teach two classes at another institution. The teacher's regular salarywould ordinarily remain the same (the teacher on loan would not receive $13,500) [9,000


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 165+ 4,500] <strong>and</strong> the borrowing institution would provide one-half <strong>of</strong> the $9,000 to be paid.The remaining $4,500 is available to the parent institution for a substitute teacher.• The teacher may not be paid for work not yet performed. This means that for each payperiod the borrowing institution must send a transmittal (which may be a form letter) <strong>and</strong>a check to the parent institution. Form CP-30 will be required for these additionalpayments where the affected payroll is prepared by Central Payroll.• The borrowing institution will make payments for services from a line item titled"Employee on Loan Payments", transferring funds, upon <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong><strong>Management</strong> approval, from salaries line items as required.Joint AppointmentsIt shall be mutually agreed between departments as to which department will be the parentdepartment. Normally, it will be the department who first employed the employee.In cases <strong>of</strong> Joint Appointment (involving base pay) the borrowing department will reimburse theparent department for matching social security <strong>and</strong> retirement contributions. The employerportion <strong>of</strong> hospital medical insurance will be borne by the parent department <strong>and</strong> not prorated tothe borrowing department.Fees for Employee Training, Tuition, <strong>and</strong> Executive DevelopmentEmployee Training FeesFees for courses that provide training in specific areas are charged in the Accounting System to"Employee Training" under "Other Services." Employee training involves courses that developan employee's knowledge, skill, <strong>and</strong> ability to perform the duties <strong>of</strong> his/her present job, such ascourses on computer usage or management skills development. These courses generally have aset fee, are <strong>of</strong> relatively short duration, <strong>and</strong> are not part <strong>of</strong> a curriculum the employee isparticipating in leading to some educational degree.Tuition FeesTuition fees are those costs for courses included in an academic program directly related to theemployee's job or field <strong>of</strong> work <strong>and</strong> which are necessary to complete a degree program from anaccredited educational institution. These expenses are charged to "Employee EducationalExpense" under "Other Services". Please consult the <strong>State</strong> Personnel <strong>Manual</strong> for additionalinformation on the <strong>State</strong>'s Educational Assistance Program.Executive Development FeesExecutive development fees are expenses incurred when an employee participates in theGovernor's Executive <strong>Management</strong> Program administered by the Department <strong>of</strong> Administrationor in other executive development opportunities that would not fit the definition <strong>of</strong> EmployeeTraining or Tuition fees. Executive development fees are charged to "Other Employee TrainingExpenses" under "Other Services".


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 166Contractual ServicesPolicy for Contractual ServicesIt is the policy <strong>of</strong> the state that <strong>State</strong> agencies shall acquire contractual services only after it isdetermined that the services cannot be reasonably accomplished by employees <strong>of</strong> the agencyseeking such services. General Statute 143, Articles 3 <strong>and</strong> 3C <strong>and</strong> the rules, regulations, <strong>and</strong>procedures <strong>of</strong> the Division <strong>of</strong> Purchase <strong>and</strong> Contract provide the reference for the procurement<strong>of</strong> services.** NOTE** <strong>OSBM</strong> coordinates the efforts <strong>of</strong> governmental agencies in the collection,development, dissemination, <strong>and</strong> analysis <strong>of</strong> <strong>of</strong>ficial economic, demographic, <strong>and</strong> social statisticspertinent to state budgeting. To minimize duplication <strong>of</strong> effort in collecting or developing newstatistical series, including contractual arrangements, state agencies must submit to <strong>OSBM</strong>proposed procedures <strong>and</strong> funding requirements. (G.S. 143-3.5)Types <strong>of</strong> Contractual ServicesConsultant ServicesNo state agency shall contract to obtain services <strong>of</strong> a consultant or advisory nature unless theproposed contract has been justified to <strong>and</strong> approved in writing by the Division <strong>of</strong> Purchase <strong>and</strong>Contract in the Department <strong>of</strong> Administration.Services <strong>of</strong> a consultant or advisory nature shall mean work or task performed by independentcontractors possessing specialized qualifications to investigate assigned problems or projects <strong>and</strong>to provide counsel, review, analysis or advice in formulating or implementing improvements inprograms or services. These are service contracts <strong>of</strong> a consultant or advisory nature. It is thepolicy <strong>of</strong> the state that whenever possible consultant services shall be obtained from other stateagencies when the services available from other state agencies substantially meet the reasonablespecifications <strong>of</strong> the requesting agency.Service ContractsA service contract is any agreement in which an independent contractor performs routine orrecurrent services requiring specialized knowledge, experience, expertise, or similar capabilitiesfor a state agency for compensation from state funds (i.e. maintenance <strong>of</strong> building or equipment,food services, audits). The service is not primarily for review, analysis or advice in formulatingor implementing improvement in programs or services.Personal Service ContractA personal service contract is an agreement for services provided by a pr<strong>of</strong>essional individual ona temporary or occasional basis (i.e. an engineer or artist). This may also be a consulting serviceif it is <strong>of</strong> an advisory nature.Contracts with RetireesIf an agreement is made with a retired state employee to provide services <strong>of</strong> a consultant oradvisory nature, the proposed contract must be approved pursuant to the requirement <strong>of</strong>"Consultant Services" above.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 167An agreement to employ a retired state employee on a contract basis must be made pursuant tothe requirements <strong>of</strong> G.S. 135-3(8)c.Any employee separated from <strong>State</strong> government <strong>and</strong> paid severance wages pursuant to G.S. 143-27.2(b) shall not be employed under a contractual arrangement by any <strong>State</strong> agency, other thanthe constituent institutions <strong>of</strong> the University <strong>of</strong> North Carolina <strong>and</strong> the constituent institutions <strong>of</strong>the North Carolina Community College System, until 12 months have elapsed since theseparation. This subsection does not affect any reduction in force right that the employee mayhave.Contracts Between <strong>State</strong> Departments, Agencies <strong>and</strong> InstitutionsThe department budget <strong>of</strong>fices <strong>of</strong> contracting departments, agencies <strong>and</strong> institutions must revieweach contract, prior to its execution, to be sure the terms <strong>of</strong> the contract are consistent with thebudget policies <strong>and</strong> regulations <strong>of</strong> the <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong>. If any terms are found to beinconsistent with budget regulations, including travel <strong>and</strong> subsistence regulations, those termsmust be amended to conform to the <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong> or be deleted from the contract. Afterthis departmental review, if the department budget division feels an exception to budget policy iswarranted <strong>and</strong> the need for an exception can be documented, a request for an exception may bemade to <strong>OSBM</strong> prior to execution <strong>of</strong> the contract.All payments for services should be made after the service has been satisfactorily performed.Payments shall be made on a quarterly reimbursable basis for an amount equivalent to thepercentage <strong>of</strong> the contract performed <strong>and</strong> services rendered. If a cash flow problem exists,departments, agencies, <strong>and</strong> institutions may advance one month's estimated expenses, or onequarter's estimated expenses if the contract is six months or longer duration, to the provider <strong>of</strong>the services. Such advances must be reported to <strong>OSBM</strong> immediately.Certain interdepartmental contracts may involve "dual employment" considerations that areaddressed in the Dual Employment section.Moving <strong>and</strong> RelocationConditions <strong>and</strong> LimitationsAn employee's moving expenses may be paid by the state only when:• A change <strong>of</strong> residence is deemed to be in the best interest <strong>of</strong> the state when such a changeis required as a result <strong>of</strong> a promotion within the department or by a change in assignmentinvolving a transfer <strong>of</strong> the employee for the advantage <strong>and</strong> convenience <strong>of</strong> the employingagency. Moving expenses are not allowable for initial employment or if the employeerequests the change. Transfer within or between departments if the employee is heavilyrecruited is termed for the best interest <strong>of</strong> the state. Exceptions may be made in extraordinarycircumstances if advance written approval is obtained from <strong>OSBM</strong>. Requestsmust be supported by complete details <strong>and</strong> justification.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 168• Move is accomplished within 90 days. The department head or designee may approve anextension <strong>of</strong> an additional 90 days. Any extension in excess <strong>of</strong> the 180 days must beobtained in writing from <strong>OSBM</strong>.• The new duty station is 50 miles or more from the existing (or prior) duty station.Every effort should be made to expedite the movement <strong>of</strong> the employee's household goods.However, the time allowed for the employee's locating a new residence <strong>and</strong> moving is theresponsibility <strong>of</strong> the individual department <strong>and</strong> should be granted as leave-with-pay, for up to atotal <strong>of</strong> 16 hours, which is accounted for as normal workday activities.Expenses PaidMaximum payment for various categories <strong>of</strong> costs is enumerated in this section. Any additionalcosts must be borne fully by the employee.Moving <strong>of</strong> household <strong>and</strong> personal goodsPayment for movement <strong>of</strong> household <strong>and</strong> personal goods includes items such as furniture,clothing, <strong>and</strong> personal effects. Any items that require special h<strong>and</strong>ling <strong>and</strong>/or packing, such asan animal, a boat, airplane, antiques, satellite dish, campers, woodworking equipment, workshopitems, heavy machine equipment, <strong>and</strong> building materials are not considered as household orpersonal goods. Payment includes, <strong>and</strong> is limited to, the cost <strong>of</strong> actual packing, transporting, <strong>and</strong>unpacking <strong>of</strong> a maximum <strong>of</strong> 15,000 pounds. If the move is on a weight basis (50 miles or more),the maximum cost to be paid can be no more than the lowest available regulated tariff rates. Ifadditional storage is required for any such items, it is the responsibility <strong>of</strong> the employee <strong>and</strong> isnot reimbursable.Total transportation charge on any shipment shall be no more than the charge that would applyon the same shipment under the next greater unit <strong>of</strong> weight at a rate applicable to such nextgreater unit <strong>of</strong> weight.When a shipment exceeds 15,000 pounds, reimbursement shall be based upon the tariff rate <strong>of</strong>15,000 pounds, provided reimbursement does not exceed actual poundage costs.Excess weight authorizationWhen due to extraordinary circumstances the total weight exceeds the maximum weightallowable, (15,000 pounds) a request, for payment for this excess, which sets forth in detail thenature <strong>of</strong> such extraordinary circumstances may be submitted for consideration to <strong>OSBM</strong>.Except as otherwise provided specifically herein, payment may be made only for basic servicesperformed by the carrier. No payment may be made for expedited service, space reservation, orother special or non-routine services by the carrier.InsurancePayment <strong>of</strong> transit insurance costs, in addition to that included in the carrier's required basecoverage <strong>of</strong> 60 cents per pound per article, is limited to $1.25 per pound per article, <strong>and</strong> coverage


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 169for up to 15,000 pounds. Additional coverage is the responsibility <strong>of</strong> the employee <strong>and</strong> is notreimbursable.Appliance ConnectionsThe reasonable costs <strong>of</strong> disconnection <strong>of</strong> appliances, as defined in this section, at the oldresidence <strong>and</strong> reconnection or reinstallation <strong>of</strong> the same appliances at the new residence, by thecarrier or by a service company may be allowed up to a maximum <strong>of</strong> $200. This would includeitems typically found in performing household operations such as electrical, water, gas hook-up,household appliances, <strong>and</strong> connection <strong>of</strong> a single telephone. This would not include itemsconsidered unnecessary to household operations such as television antennas, cablevisionconnection, satellite dish, nor any type <strong>of</strong> power tools or other equipment associated with homeworkshops, hobbies, or other activities. Also, utility deposits or the running <strong>of</strong> utility lines arenot a reimbursable expense by the employing agency.Mobile HomesIn lieu <strong>of</strong> an allowance for loading <strong>and</strong> unloading, <strong>and</strong> insurance coverage, charges not to exceeda total <strong>of</strong> $500 are allowable for the following costs associated with the movement <strong>of</strong> mobilehomes utilized as the employee's residence:• Blocking <strong>and</strong> unblocking.• Anchoring <strong>and</strong> skirting.• Movement <strong>of</strong> air conditioners <strong>and</strong> utility buildings.• Wheel rental.Claims for payment for such services, whether performed by the carrier or a service company,must be supported by itemization on the bill <strong>of</strong> lading or on paid receipts, as applicable, detailingin either case the appliances serviced, the work done, <strong>and</strong> the individual cost <strong>of</strong> each suchservice. Such services performed by the carrier, <strong>and</strong> for which he assumes completeresponsibility, may be invoiced at the applicable tariff rates, <strong>and</strong> must be further supported by anaffidavit signed by the employee verifying that the carrier performed the services.Employee Travel <strong>and</strong> SubsistencePayment for travel expenses incurred in moving the employee <strong>and</strong> his family from the oldresidence to the new residence is authorized as follows:• For locating new residenceTransportation, mileage calculated at the statutory rate for a maximum <strong>of</strong> three roundtrips by automobile with each trip not to exceed two days (2 days, 1 night) for total househunting trips not to exceed 6 days (6 days, 3 nights). Subsistence for meal costs asshown in the <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong> travel section for each member <strong>of</strong> the family per trip.If overnight lodging is necessary, subsistence for the following day is allowable.Lodging is limited to one double room.• For day <strong>of</strong> moving


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 170Mileage calculated at the statutory rate for a one-way automobile trip (a maximum <strong>of</strong> twocars). Subsistence for meal costs as shown in the <strong>State</strong> <strong>Budget</strong> <strong>Manual</strong> travel section(Section 5) for each member <strong>of</strong> the family. Employees have two days to complete themove. If overnight lodging is necessary, subsistence for the following day is allowable.Lodging is limited to one double room. The department head or his/her designee canapprove any additional time needed.• New duty stationSubsistence at the new duty station is not to exceed five days a week (Monday-Friday ora consecutive five day period, if working a nontraditional schedule). Mileage is limitedfor one-round trip per week from the employee’s current residence to the new dutystation, subject to state travel laws <strong>and</strong> regulations, from the time he begins work until hemoves into his new residence, not to exceed a total <strong>of</strong> 40 consecutive working days,excluding leave <strong>of</strong>f.Procedure for Moving <strong>and</strong> PaymentArranging the MovePrior to the actual move, the employee will submit a request for the department head or his/herdesignee. The request shall include bids from three movers <strong>and</strong> an estimate <strong>of</strong> other allowableexpenses. These regulations require competitive bids that do not exceed the tariff rates <strong>and</strong>charges as published <strong>and</strong> filed with the North Carolina Utilities Commission. Bidders must haveall required state <strong>and</strong> federal licenses <strong>and</strong> insurance.Bids included in the request should include:• Shipment weight.• Number <strong>of</strong> cartons.• Charges for loading <strong>and</strong> unloading.• Cost <strong>of</strong> transit insurance coverage.Transportation <strong>and</strong> loading shall be governed by the rules <strong>and</strong> regulations as contained in tariffson file with the North Carolina Utilities Commission.The department head or his/her designee will notify the employee in writing as to the moverreceiving the contract. The department head <strong>of</strong> designee should accept the low bid unless judgednot to be the state's advantage <strong>and</strong> interest. An advancement not to exceed 75% <strong>of</strong> the estimatedmoving costs may be made to the employee, but not more than 5 working days before thescheduled move. Reimbursement to the employee will be on the basis <strong>of</strong> the total bid price <strong>of</strong>the successful bidder.Procedure for PaymentUpon the completion <strong>of</strong> the move, the employee may pay the carrier <strong>and</strong>/or submit to thedepartment's budget <strong>of</strong>ficer vouchers consisting <strong>of</strong>:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 171• A bill <strong>of</strong> lading from the carrier which shows the actual rates <strong>and</strong> charges fortransporting, loading <strong>and</strong> insurance, itemized by miles, loading charges with numbers <strong>and</strong>sizes <strong>of</strong> cartons, insurance coverage, <strong>and</strong> appliance disconnections <strong>and</strong> connections, asspelled out in this section.• For moves over 50 miles, a certified weight ticket obtained by the mover <strong>and</strong> certifyingthe actual gross, tare, <strong>and</strong> net weights. This can be obtained from platform scales at truckstops, weight stations, etc.• A copy <strong>of</strong> the letter authorizing the transfer at state expense. The agency shall reimbursethe employee or pay the carrier upon receipt <strong>of</strong> proper documentation.The expenditure should be charged to an account designated. "Employee Moving Expense" <strong>and</strong>summarized as an Other Services Account. Reimbursement for appliance connections by aservice company may be h<strong>and</strong>led as a separate transaction.Alternate ProcedureDepartment heads or his/her designees are authorized to approve moving by an alternateprocedure provided proper documentation <strong>and</strong> receipts supports the move. The agency mayreimburse the actual cash expenditure made by an eligible employee in moving his householdgoods by another method, provided such reimbursement does not exceed that which would havebeen made if a regulated common carrier had been used. This alternative may be applicable formovement <strong>of</strong> an employee's goods contained in a house trailer or by a rental trailer or truck or bya nonlicensed mover. It is the responsibility <strong>of</strong> the department head or designee to determine ifthis method is cost effective before approval is granted.Honoraria<strong>State</strong> EmployeesA state employee shall not accept an honorarium for an activity where state-reimbursed travel,work time, or resources are used or where the activity can be construed as having a relationshipto the employee's state position; such activity would be considered <strong>of</strong>ficial duty on behalf <strong>of</strong> thestate. A relationship exists between the activity <strong>and</strong> the employee's state position if "but for" thatemployee's state position, the employee would not participate in the activity in the same manneror capacity. The employee should make every attempt to avoid the appearance <strong>of</strong> impropriety.An employee may receive an honorarium for activities performed during regular non-workinghours or while on annual leave if the following conditions are met:• All expenses are the total responsibility <strong>of</strong> the employee or the non-state sponsor <strong>of</strong> theactivity in which the employee is participating.• The activity has no relationship to the employee's state duties.Nothing in this policy shall be interpreted as preventing the payment to the state by an outsidesource for actual expenses incurred by an employee in an activity, or the payment <strong>of</strong> a fee to the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 172state (in lieu <strong>of</strong> an honorarium to the individual) for the services <strong>of</strong> an employee. Any suchpayments made to the state should be deposited to the departmental account <strong>and</strong> an appropriateentry should be made to the appropriate revenue line.Non <strong>State</strong> EmployeesHonoraria are the responsibility <strong>of</strong> each department, institution, or agency contracting for thepersonal services <strong>of</strong> a nonstate employee. Each department shall develop a form letter for suchinvitations <strong>and</strong> it shall include the amount <strong>of</strong> the honorarium <strong>of</strong>fered. This amount shall coverany expenses incurred by the nonstate employee in lieu <strong>of</strong> a per diem.ExceptionsAny exceptions to these rules <strong>and</strong> regulations, except those expressly delegated, must beapproved in advance by <strong>OSBM</strong>.Severance PolicyG.S. 143-27.2 governs the policies <strong>and</strong> procedures applicable to severance.Reporting Misuse <strong>of</strong> <strong>State</strong> PropertyPursuant to G.S. 114-15.1, any state employee is required to report any possible misuse <strong>of</strong> stateproperty to his or her immediate supervisor, who is then required to report this information to thehead <strong>of</strong> the respective department, agency, or institution. The agency, department, or institutionhead is required to report this information in writing to the <strong>State</strong> Bureau <strong>of</strong> Investigation (SBI)within 10 days.Notification <strong>of</strong> the SBI within the 10 day period is required even if the agency, department, orinstitution head is unable to determine whether the allegation is credible (1998 Advisory Opinion<strong>of</strong> the North Carolina Attorney General, #373).


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 173REPORTING POLICIES AND GUIDELINES INDEXAgency organizational charts 196Certification letters 190Committee <strong>and</strong> council report 193Designation <strong>of</strong> duty station 192Mail list survey 190Monthly budget report 175Monthly report on the appropriations <strong>and</strong> allotment 184Monthly report on budget – general fund 175Monthly report on budget – capital improvement funds 188Monthly report on budget – special fund, trust fund, enterprise services,intergovernmental service, <strong>and</strong> institutional fund 179Report on department forms <strong>and</strong> reports 195<strong>State</strong>ment <strong>of</strong> cash receipts, disbursements <strong>and</strong> balances 186Survey <strong>of</strong> fees charged by department 191Monthly <strong>Budget</strong> ReportIt is necessary for state departments to report on transactions from appropriations <strong>and</strong>/or receiptseach month. The reports are made on forms prescribed by <strong>OSBM</strong>. Completeness <strong>and</strong> accuracyin reporting are essential <strong>and</strong>, when necessary, reports may be returned to the department forcorrection.Report PeriodThe reporting period is each calendar month <strong>of</strong> the fiscal period.Report Due DateReports must be available electronically in <strong>OSBM</strong> <strong>and</strong> the <strong>Office</strong> <strong>of</strong> the <strong>State</strong> Controller no laterthan the tenth working day <strong>of</strong> the following month.Report InformationAll reports are cash based reports unless authorizaed by <strong>OSBM</strong>. Additional documentation,exceptions, or alternatives should be submitted as directed by <strong>OSBM</strong>.• Electronic reports: July – May• June: Two complete assembled sets <strong>of</strong> each report separated with the pages bursted <strong>and</strong>in order as listed in the reporting requirements by budget code.Report OrderGeneral Fund (Type 10000)• Monthly <strong>Budget</strong> Report (BD 701)• <strong>Budget</strong> Code Recap• Summary by Purpose• Summary by Account


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 174• Detail Reports (Account Summarization for each purpose)• Monthly Report on the Appropriations <strong>and</strong> Allotment (BD 702)Special Fund (Type 20000)Trust Fund (Type 60000)Enterprise Services (Type 50000)Intergovernmental Service (Type 70000)Institutional fund (Type 00000)• Monthly <strong>Budget</strong> Report (BD 701)• <strong>Budget</strong> Code Recap• Summary by Purpose• Summary by Account• Detail Reports (Account Summarization for each purpose)• Monthly Report on the Appropriations <strong>and</strong> Allotment (BD 702)• <strong>State</strong>ment <strong>of</strong> Cash Receipts, Disbursements, <strong>and</strong> BalancesCapital Improvements (Type 40000)• Monthly Report on Capital Improvements (BD 725)<strong>Budget</strong> Code RecapDetail Report(s)Report FormatMonthly Report on the <strong>Budget</strong> (BD 701) - General FundThe fiscal information on the Monthly Report should appear at the certification level (BD-307).<strong>Budget</strong> Code Recap (Section 1 <strong>of</strong> the BD 701)The budget code recap (Example 1) provides a code level summarization for total expenditures,revenues, <strong>and</strong> appropriation.Summary by Purpose (Section 2 <strong>of</strong> the BD 701)The summary by purpose/fund (Example 2) provides a summarization for the total expenditures,<strong>and</strong> revenues <strong>of</strong> the code by the fund code (first four positions <strong>of</strong> center).Summary by Account (Section 3 <strong>of</strong> the BD 701)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 175The summary by account (Example 3) provides a summarization for the total expenditures <strong>and</strong>revenues <strong>of</strong> the code by the account number as defined in the Chart <strong>of</strong> Accounts (COA) <strong>of</strong> theNorth Carolina Accounting System (NCAS).Detail Report by Fund (Section 4 <strong>of</strong> the BD 701)The detail report by fund (Example 4) provides a summarization for the expenditures <strong>and</strong>revenues <strong>of</strong> the purpose (fund) by the account number as defined in the COA. A separate detailreport is prepared for each purpose (fund) listed on the Summary by Purpose section <strong>of</strong> the BD701.Information on the BD 701Each report section listed above will have the following information:<strong>Budget</strong>edCertified (Column C)The certified budget lists the appropriation amounts as shown on the <strong>Budget</strong>Certification (BD 307) with any type 11XXXX revisions (BD 606).Authorized (Column D)The authorized budget lists the appropriation amounts as shown on <strong>Budget</strong>Certification form BD 307 with any type 11XXXX, 12XXXX <strong>and</strong> 14XXXXrevisions (BD 606).ActualCurrent-Month (Column E)The current-month lists the disbursements <strong>and</strong> deposits <strong>and</strong> the impact onappropriation for the current reporting period.Year-to-Date (Column F)The year-to-date lists the disbursements <strong>and</strong> deposits <strong>and</strong> the impact onappropriation for the year-to-date.Unexpended/UnrealizedCertified (Column G)The unexpended/unrealized certified lists the difference between the certifiedbudget <strong>and</strong> the year-to-date column.Authorized (Column H)The unexpended/unrealized authorized lists the difference between the authorizedbudget <strong>and</strong> the year-to-date column.Encumbrance (Column I)The encumbrance records the obligations from purchase orders, contracts or otherencumbrance documents.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 176Rate (Column J)The rate is the annual projected rate <strong>of</strong> expenditures or revenue based on the year-to-datefiscal activity.Line 1 This line is for the report title.Line 2 This line is the title <strong>of</strong> the 701 report.Line 3 This line identifies the reporting period for which the 701 isprepared.Line 4 This line indicates the budget code number <strong>and</strong> title.Line 5 This line describes the section <strong>of</strong> the report:• <strong>Budget</strong> Code Recap• Summary by Purpose• Summary by Account• Detail Report by FundLine 6 This line defines the heading <strong>of</strong> the columns <strong>of</strong> information on the701.Line 7 This section <strong>of</strong> the report provides information on expenditures for thecurrent reporting period. Information is reported on the certified budget,authorized budget, current month actual expenditures, year-to-date actualexpenditures, the unexpended balance for both the certified <strong>and</strong>authorized budget, the encumbrances <strong>and</strong> the rate <strong>of</strong> expenditure.Section 1: The information for expenditures in Section 1 is summarized asa total for the code.Section 2: The information for expenditures in Section 2 is summarized asa total for each purpose (fund) within the code.Section 3: The information for expenditures in Section 3 is summarized asa total for each account number (object <strong>of</strong> expenditure). Theaccount numbers are reported at the level <strong>of</strong> the certified budgetor as directed by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong>.Section 4: The information for expenditures in Section 4 is summarized asa total for each account number (object <strong>of</strong> expenditure) withinthe purpose (fund). The account numbers are reported at thelevel <strong>of</strong> the certified budget or as directed by the <strong>Office</strong> <strong>of</strong> <strong>State</strong><strong>Budget</strong> <strong>and</strong> <strong>Management</strong>. The Detail Report by Fund (Section4) will be prepared for each purpose (fund) listed on the


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 177Summary by Purpose (fund) Report.Line 8 This section <strong>of</strong> the report provides information on revenues for the currentreporting period. Information is reported on the certified budget,authorized budget, current month actual receipts, year-to- date actualreceipts, the unrealized balance for both the certified <strong>and</strong> authorizedbudget <strong>and</strong> the rate <strong>of</strong> receipt.Section 1: The information for revenues in Section 1 is summarized as atotal for the code.Section 2: The information for revenues in Section 2 is summarized as atotal for each purpose (fund) within the code.Section 3: The information for revenues in Section 3 is summarized as atotal for each account number (object <strong>of</strong> receipt). The accountnumbers are reported at the level <strong>of</strong> the certified budget or asdirected by <strong>OSBM</strong>.Section 4: The information for revenues in Section 4 is summarized as atotal for each account number (object <strong>of</strong> receipt) within thepurpose (fund). The account numbers are reported at the level<strong>of</strong> the certified budget or as directed by <strong>OSBM</strong>. The DetailReport by Fund (Section 4) will be prepared for each purpose(fund) listed on the Summary by Purpose (fund) Report.Line 8A This adjustment to cash section <strong>of</strong> the report is provided to adjust themonthly accounting activity for certain accrual actions to therequirement <strong>of</strong> cash based reporting.Line 9 This section <strong>of</strong> the report provides information on appropriation for thecurrent reporting period. Information is reported on the certified budget,authorized budget, current month actual, year- to-date actual, theunexpended balance for both the certified <strong>and</strong> authorized budget <strong>and</strong> therate <strong>of</strong> expenditure.Monthly Report on the <strong>Budget</strong> (BD 701): Special Fund, Trust Fund,Enterprise Services, Intergovernmental Service, <strong>and</strong> Institutional FundReport Format<strong>Budget</strong> Code Recap (Section 1 <strong>of</strong> the BD 701)The budget code recap (Example 5) provides a code level summarization for total expenditures,revenues, <strong>and</strong> cash balance.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 178Summary by Purpose (Section 2 <strong>of</strong> the BD 701)The summary by purpose/fund (Example 6) provides a summarization for the total expenditures<strong>and</strong> revenues <strong>of</strong> the code by the code (first four positions <strong>of</strong> center).Summary by Account (Section 3 <strong>of</strong> the BD 701)The summary by account (Examples 7 & 8) provides a summarization for the total expenditures<strong>and</strong> revenues <strong>of</strong> the code by the account number as defined in the Chart <strong>of</strong> Accounts (COA) <strong>of</strong>the North Carolina Accounting System (NCAS).Detail Report by Fund (Section 4 <strong>of</strong> the BD 701)The detail report by fund (Examples 9 & 10) provides a summarization for the expenditures <strong>and</strong>revenues <strong>of</strong> the fund by the account number as defined in the COA. A separate detail report isprepared for each purpose (fund) listed on the Summary by Purpose section <strong>of</strong> the BD 701.Information on the BD 701Each report section listed above will have the following information:<strong>Budget</strong>edCertified (Column C)The certified budget lists the appropriation amounts as shown on the <strong>Budget</strong>Certification (BD 307) with any type 11XXXX revisions (BD 606).Authorized (Column D)The authorized budget lists the appropriation amounts as shown on <strong>Budget</strong>Certification form BD 307 with any type 11XXXX, 12XXXX <strong>and</strong> 14XXXXrevisions (BD 606).ActualCurrent-Month (Column E)The current-month lists the disbursements, deposits, <strong>and</strong> the impact onappropriation for the current reporting period.Year-to-Date (Column F)The year-to-date lists the disbursements, deposits, <strong>and</strong> the impact onappropriation for the year-to-date.Unexpended/UnrealizedCertified (Column G)The unexpended/unrealized certified lists the difference between the certifiedbudget <strong>and</strong> the year-to-date column.Authorized (Column H)The unexpended/unrealized authorized lists the difference between the authorizedbudget <strong>and</strong> the year-to-date column.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 179Encumbrance (Column I)The encumbrance records the obligations from purchase orders, contracts, or otherencumbrance documents.Rate (Column J)The rate is the annual projected rate <strong>of</strong> expenditures or revenue based on the year-to-datefiscal activity.Line 1 This line is the report title.Line 2 This line is the title <strong>of</strong> the 701 report.Line 3 This line identifies the reporting period for which the 701 is prepared.Line 4 This line indicates the budget code number <strong>and</strong> title.Line 5 This describes the section <strong>of</strong> the report:• <strong>Budget</strong> Code Recap• Summary by Purpose• Summary by Account• Detail Report by FundLine 6 This line defines the heading <strong>of</strong> the columns <strong>of</strong> information on the 701.Line 7 This section <strong>of</strong> the report provides information on expenditures for thecurrent reporting period. Information is reported on the certified budget,authorized budget, current month actual expenditures, year-to-date actualexpenditures, the unexpended balance for both the certified <strong>and</strong>authorized budget, the encumbrances, <strong>and</strong> the rate <strong>of</strong> expenditure.Section 1: The information for expenditures in Section 1 is summarized asa total for the code.Section 2: The information for expenditures in Section 2 is summarized asa total for each purpose (fund) within the code.Section 3: The information for expenditures in Section 3 is summarized asa total for each account number (object <strong>of</strong> expenditure). Theaccount numbers are reported at the level <strong>of</strong> the certified budgetor as directed by <strong>OSBM</strong>.Section 4: The information for expenditures in Section 4 is summarized asa total for each account number (object <strong>of</strong> expenditure) withinthe purpose (fund). The account numbers are reported at thelevel <strong>of</strong> the certified budget or as directed by <strong>OSBM</strong>. The


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 180Detail Report by Fund (Section 4) will be prepared for eachpurpose (fund) listed on the Summary by Purpose (fund)Report.Line 8 This section <strong>of</strong> the report provides information on revenues for the currentreporting period. Information is reported on the certified budget,authorized budget, current month actual receipts, year-to-date actualreceipts, the unrealized balance for both the certified <strong>and</strong> authorizedbudget, <strong>and</strong> the rate <strong>of</strong> receipt.Section 1: The information for revenues in Section 1 is summarized as atotal for the code.Section 2: The information for revenues in Section 2 is summarized as atotal for each purpose (fund) within the code.Section 3: The information for revenues in Section 3 is summarized as atotal for each account number (object <strong>of</strong> receipt). The accountnumbers are reported at the level <strong>of</strong> the certified budget or asdirected by <strong>OSBM</strong>.Section 4: The information for revenues in Section 4 is summarized as atotal for each account number (object <strong>of</strong> receipt) within the purpose(fund). The account numbers are reported at the level <strong>of</strong> the certifiedbudget or as directed by <strong>OSBM</strong>. The Detail Report by Fund (Section 4)will be prepared for each purpose (fund) listed on the Summary byPurpose (fund) Report.Line 8A This adjustment to cash section <strong>of</strong> the report is provided to adjust themonthly accounting activity for certain accrual actions to therequirement <strong>of</strong> cash based reporting.Line 9 This section <strong>of</strong> the report provides information on appropriationfor thecurrent reporting period. Information is reported on thecertified budget,authorized budget, current month actual, year-to-date actual, theunexpended balance for both the certified <strong>and</strong> authorized budget <strong>and</strong> therate <strong>of</strong> expenditure.Cash Balance InformationSection 1: The information for Lines 10-17 in Section 1 is summarized asa total for the code.Section 2: The information for Lines 10-17 in Section 2 is summarized asa total for the code.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 181Section 3: The information for Lines 10-17 in Section 3 is summarized asa total for the code.Section 4: The information for Lines 10-17 in Section 4 is summarized asa total for the purpose (fund).Line 10 Information for this line is recorded in the Year-to-Date column(Column F) only. The Beginning Cash Balance is the cash balanceavailable <strong>of</strong> the first day <strong>of</strong> this fiscal period <strong>and</strong> should be the same asthe last day <strong>of</strong> the last fiscal period.Line 11 Information for this line is recorded in the Year-to-Date column(Column F) only. The Cash Receipts total reflects the total cashdeposits for this fiscal period to date.Line 12 Information for this line is recorded in the Year-to-Date column(Column F) only. The Cash Disbursements total reflects the total cashdisbursements for this fiscal period to date.Line 13 Information for this line is in the Year-to-Date column (Column F) only.The "Assets" information is an adjustment to the Ending Balance notrelated to deposits or disbursements.Line 14 Information for this line is in the Year-to-Date column (Column F) only.The "Liability" information is an adjustment to the Cash Balance notrelated to deposits or disbursements.Line 15 Information for this line is in the Year-to-Date column (Column F) only.The "Equity" information is an adjustment to the Ending Balance notrelated to deposits or disbursements.Line 16 Information for this line is recorded in the Year-to-Date column(Column F) only. The Ending Balance total reflects the cash balance atthe end <strong>of</strong> the current reporting period. It is a calculation <strong>of</strong> theBeginning Balance plus deposits, minus disbursements, plus assets,liability <strong>and</strong> equity.Line 17 Information for this line is in the Year-to-Date column (Column F) only.The "Total Availability" calculation includes assets which may beconverted to cash.Monthly Report on the Appropriations <strong>and</strong> Allotment (BD702)There are three separate components to this report.Report Format


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 182Appropriation (Per BD 702) - (Lines 6-9)Appropriation (per BD 701) provides information on the total budget, the allotment for the yearto-datefiscal period, the unallotted balance, the quarter-to-date activity, the year-to-date activity<strong>and</strong> the balance. All activity shown represents the total budget code activity in Expenditures,Revenues <strong>and</strong> either Appropriation or Cash.TotalUnallottedAllottedThe total (Authorized <strong>Budget</strong>-Column C) lists the appropriation amountsas shown on <strong>Budget</strong> Certification form BD 307 with any type 11XXXX,12XXXX <strong>and</strong> 14XXXX revisions (BD 606).The Unallotted (Column D) lists the balance <strong>of</strong> the authorized budget thathas not been allotted or expended for the fiscal period to date.The Allotted (Column E) lists the allotments to date for the currentfiscal period. The totals shown in this column reflect the reversion <strong>of</strong>quarterly allotments which are unexpended. (Example: Allotted in thethird quarter would include the actual allotment expended in the first <strong>and</strong>second quarter plus the actual allotments for the third quarter.)Current MonthThe Current Month (Column F) lists the activity for the currentmonth. Actual fiscal activity as recorded for the BD 701.Q-T-DY-T-DThe Quarter-to-Date (Column G) lists the activity for the currentfiscal quarter. Actual fiscal activity as recorded for the BD 701.(Example: If in the second month <strong>of</strong> a Quarter, the Quarter-to-Dateactivity would include disbursements, deposits <strong>and</strong> the impact toappropriation or cash for both the first month <strong>and</strong> the second month <strong>of</strong> thefiscal period.)The Year-to-Date (Column H) lists the activity for the current fiscalperiod to date <strong>and</strong> should equal the actual fiscal activity as shown for theyear-to-date on the BD 701.Unexpended The Unexpended (Column I) lists the difference <strong>of</strong> the Total (Authorized<strong>Budget</strong>) <strong>and</strong> the Year-to-Date column. These numbers should be the sameas shown on the <strong>Budget</strong> Code Recap for the Unexpended/UnrealizedAuthorized Column.Line 6 Indicates the column headings for the information to be provided.Line 7 This section <strong>of</strong> the report provides information on expenditures for thecurrent reporting period. Information is reported on the total (authorized)budget, unallotted, allotted, current month, quarter-to-date, year-to-date,<strong>and</strong> unexpended.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 183Line 8 This section <strong>of</strong> the report provides information on revenues for the currentreporting period. Information is reported on the total (authorized) budget,unallotted, allotted, current month, quarter-to-date, year-to-date, <strong>and</strong>unexpended.Line 9 This section <strong>of</strong> the report provides information on the excess <strong>of</strong>expenditures over (under) revenues (appropriation or cash) for the currentreporting period. Information is reported on the total (authorized) budget,unallotted, allotted, current month, quarter-to-date, year-to-date, <strong>and</strong>unexpended.Analysis <strong>of</strong> Cash (Lines 10-18)Analysis <strong>of</strong> Cash provides information for the Current Month (Column F) Quarter-to-Date(Column G) <strong>and</strong> the Year-to-Date (Column H) cash activity <strong>of</strong> the code. The monthly, quarterly,<strong>and</strong> year-to-date information must balance with the cash records <strong>of</strong> the <strong>Office</strong> <strong>of</strong> the <strong>State</strong>Controller. Information in this component <strong>of</strong> the report includes:Line 10 Analysis <strong>of</strong> Cash (title only)Line 11 Beginning Cash in Allotment AccountLine 12 Allotment/ReversionsLine 13 Reversions - 9002XLine 14 Excess per BD 701Line 15 Increase/Decrease in Assets/Liability/EquityLine 16 Net Assets/Liability/EquityLine 17 Ending Cash in Allotment AccountLine 18 Unexpended AppropriationThe department should follow Cash <strong>Management</strong> procedures for balancing this component <strong>of</strong> thereport.Quarterly Allotment (Lines 19-22)The Quarterly Allotment component provides information about the activity on allotment, actualcurrent month, actual quarter-to-date, unexpended, encumbrances, <strong>and</strong> unencumbered (Line 19).All activity shown represents the total budget code activity in Expenditures, Revenues, <strong>and</strong> NetAllotment (Appropriation or Cash).Allotment (Column C)The Allotment column lists the total authorized allotment(s) for the current quarter. Informationis shown for expenditures, revenues, <strong>and</strong> the net allotment (appropriation or cash).Current Month (Column D)The Current Month column list the actual expenditures, revenues, <strong>and</strong> impact to eitherappropriation or cash for the current month.Q-T-D (Column E)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 184The Quarter-to-Date column lists the actual expenditures, revenues, <strong>and</strong> impact to eitherappropriation or cash for the current quarter-to-date.Unexpended (Column F)The Unexpended column reflects the difference <strong>of</strong> the allotment column <strong>and</strong> the quarter-to-datecolumn.Encumbrances (Column G)The encumbrance column records the obligations from purchase orders, contracts, or otherencumbrance documents for the current quarter.Unencumbered (Column H)The unencumbered column records the difference in the unexpended column <strong>and</strong> theencumbrance column.Line 20Line 21Line 22Expenditure activity for the allotment, current month, quarter-todate,unexpended quarter-to-date, encumbrance, <strong>and</strong>unencumbered columns are shown on this line.Revenue activity for the allotment, current month, quarter-to-date,unexpended quarter-to-date, encumbrance, <strong>and</strong> unencumberedcolumns are shown on this line.Net Allotment (appropriation <strong>and</strong> cash) activity for the allotment, currentmonth, quarter-to-date, unexpended quarter-to-date, encumbrance, <strong>and</strong>unencumbered columns are shown on this line.<strong>State</strong>ment <strong>of</strong> Cash Receipts, Disbursements <strong>and</strong> BalancesThis is a summary report <strong>of</strong> cash transactions for the budget code each line provides a summaryby purpose (fund) within the code.Report FormatBeginning Cash (Column D)Beginning Cash is the beginning cash balance for the current month <strong>and</strong> for the year-todatefor each fund within the code <strong>and</strong> for the total code.Additions (Column F)Additions is the total <strong>of</strong> actual cash deposits (increases) for the current month <strong>and</strong> for theyear-to-date for each fund within the code <strong>and</strong> for the total code.Deductions (Column G)Deductions is the total <strong>of</strong> actual cash disbursements (decreases) for the current month <strong>and</strong>for the year-to-date for each fund within the code <strong>and</strong> for the total code.ASS/LIB/EQU (Column H)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 185ASS/LIB/EQU is the total adjustments for assets, liability, <strong>and</strong> equity for the currentmonth <strong>and</strong> the year-to-date for each fund within the code <strong>and</strong> for the total code.Ending Cash (Column I)Ending Cash is the sum <strong>of</strong> the beginning cash plus or minus the additions <strong>and</strong> deductionscolumn. This is a calculation <strong>of</strong> Column D plus Column E <strong>and</strong> minus Column F plusColumn H.Line 1 This is the report title.Line 2 This identifies the reporting period for which the statement is prepared.Line 3 This indicates the budget code number <strong>of</strong> title.Line 4 This defines the headings <strong>of</strong> the columns A <strong>and</strong> B <strong>of</strong> the statement.Line 5 This defines the fund (first four positions <strong>of</strong> the center number), the title <strong>of</strong>the fund, <strong>and</strong> includes the cash activity for the current month. Informationis reported on the beginning cash balance, additions, deductions,assets/liability/equity, <strong>and</strong> ending cash balance.Line 6 This provides the year-to-date cash activity for the fund shown on line 5.Information is reported on the beginning cash balance, additions,deductions, asset/liability/equity, <strong>and</strong> ending cash balance.Line 7 This indicates the total cash activity for the budget code for the currentmonth. Information includes the beginning cash balance, additions, <strong>and</strong>deductions.Line 8 This indicates the total cash activity for the budget codes for the year-todate.Information includes the beginning cash balance, additions,deductions, assets/liability/equity, <strong>and</strong> ending cash balance.Note: Beginning cash balances should balance to the ending cash balance as <strong>of</strong> the June 30 fromthe prior fiscal year.Monthly Report on Capital Improvement Funds (BD 725)The Monthly Report should appear at the certification level (BD 306)Report Format<strong>Budget</strong> Code RecapThe budget code recap (Example 11) provides a code level summarization for total expenditure,revenues, <strong>and</strong> appropriations.Detail Report by Fund


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 186The detail report by fund (Example 12) provides a summarization for the expenditures <strong>and</strong>revenues <strong>of</strong> the fund by the account number as defined in the chart <strong>of</strong> accounts. A separate detailreport is prepared for each purpose (fund).Information on the BD 725Each report section listed above will have the following information:Total <strong>Budget</strong> (Column C)The total budget lists the appropriation amounts as shown on <strong>Budget</strong> Certification for BC306 with any budget revisions (BD 606).Unallotted (Column D)The unallotted lists the difference between the total budget <strong>and</strong> the total allotmentscolumns.Total Allotments (Column E)Total allotments records obligations from contracts or other expenditures approved by<strong>OSBM</strong> on form BD 303.Actual - Current Month (Column F)The current month lists the disbursements <strong>and</strong> deposits <strong>and</strong> the impact on appropriationfor the current reporting period.Actual - Year-to-Date (Column G)The year-to-date lists the disbursements <strong>and</strong> deposits <strong>and</strong> the impact on appropriationsfor the fiscal year-to-date.Actual - Project-to-Date (Column H)The project-to-date lists the disbursements <strong>and</strong> deposits <strong>and</strong> the impact on appropriationsince the establishment <strong>of</strong> the project.Allotment Balance (Column I)The allotment balance lists the difference between total allotments (Column E) <strong>and</strong>project-to-date (Column H).Line 1 This line is the report title.Line 2 This line identifies the reporting period for which the BD 725 is prepared.Line 3 This line identifies the department.Line 4 This line indicates the budget code number <strong>and</strong> title.Line 5 This line defines the heading <strong>of</strong> the columns <strong>of</strong> information on the BD725.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 187Line 6 This section <strong>of</strong> the report provides information on expenditures for thecurrent reporting period. Information is reported on the total budget,unallotted <strong>and</strong> allotted amounts, current month actual expenditures, yearto-dateactual expenditures, project-to-date actual expenditures, <strong>and</strong> theactual allotment balance.Section 1: The information for expenditures in Section 1 is summarizedas a total for each account number (object <strong>of</strong> expenditure)within the purpose (fund).Section 2: The information for expenditure in Section 2 is summarized asa total for the code.Line 7 This section <strong>of</strong> the report provides information on revenue for the currentreporting period. Information is reported on the total budget, unallotted<strong>and</strong> allotted amounts, current month actual receipts, year-to-date actualreceipts, project-to-date actual receipts <strong>and</strong> the actual allotment balance.Section 1: The information for expenditures in Section 1 is summarized asa total for each account number (object <strong>of</strong> expenditure) withinthe purpose (fund).Section 2: The information for expenditure in Section 2 is summarized asa total for the code.Line 7AThis adjustment to cash section <strong>of</strong> the report is provided to adjust themonthly accounting activity for certain accrual action to therequirement <strong>of</strong> cash based reporting.Line 8 This section <strong>of</strong> the report provides information on appropriation for thecurrent reporting period. Information is reported on the total budget,unallotted <strong>and</strong> allotted amounts, current month actual, year-to-date actual,project-to-date actual, <strong>and</strong> the actual allotment balance.Mail List SurveyGeneral Statute 143-169.1 requires that the head <strong>of</strong> every agency <strong>of</strong> this state shall certify to theDirector <strong>of</strong> the <strong>Budget</strong> that the mailing list for each public document issued by his agency hasbeen carefully reviewed, updated <strong>and</strong> corrected within the previous 12 months. The reviewed,updated, <strong>and</strong> corrected mailing lists shall be comprised only <strong>of</strong> those persons <strong>and</strong> organizationswho, within the previous 23 months, have either requested that they be included in such amailing list, or have renewed a request that they be so included, or are recipients contemplatedfor receipt <strong>of</strong> the pertinent public document by expression provision <strong>of</strong> statute or judicial order.Reporting Period


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 188The reporting period consists <strong>of</strong> a review <strong>of</strong> the public document mailing list is use the priortwelve months. For example, the report for July 1, 1995 would consist <strong>of</strong> the fiscal period July1, 1994 through June 30, 1995.Report Due Date: On or by July 1 <strong>of</strong> each fiscal year.Reports should be submitted to the appropriate <strong>OSBM</strong> analyst.Reported Information:• Department Name: Department for which report is prepared.• Public Document Title: Title <strong>of</strong> Public Document.• Statutory Requirement: Identifies the legal reference which requires the publicdocument.• List Description: Describes the mailing list recipients.• Number <strong>of</strong> Addresses on List: Number <strong>of</strong> individual addresses on the list.• Frequency <strong>of</strong> Mailing: The number <strong>of</strong> times the document was mailed in theprevious 12 months.• Frequency <strong>of</strong> Update: The number <strong>of</strong> times the mail list is reviewed <strong>and</strong>updated in the 12 month period.• Contact Name, Number/Email Address: Individual responsible for the list.Certification LetterA cover letter under the signature <strong>of</strong> the department head shall be submitted with the mail listreport that certifies the department has complied with the legal requirements for state agencypublic document mailing list update. (Example below)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 189Memor<strong>and</strong>umTO:FROM:SUBJECT:Director <strong>of</strong> the <strong>Budget</strong>Department HeadMailing List Update CertificationIn accordance with G. S. 143-169.1 (<strong>State</strong> agency public document mailing list tobe updated), this correspondence certifies that the mailing list maintained by theDepartment <strong>of</strong> ______________ have been carefully reviewed, updated <strong>and</strong> correctedwithin the past 12 months.The mailing list are comprised only <strong>of</strong> the persons <strong>and</strong> organizations who, withinthe previous twelve months, have either requested that they be included in suchmailing list or have renewed a request that they be so included, or are recipientscontemplated for receipt <strong>of</strong> the pertinent public document by express provision <strong>of</strong>statute or judicial order.Attached is the Mailing Lists Report which provides complete information asrequired for compliance with <strong>OSBM</strong> reporting as outlined in section 7 <strong>of</strong> the <strong>State</strong><strong>Budget</strong> <strong>Manual</strong>.Survey <strong>of</strong> Fees Charged by <strong>State</strong> DepartmentsGeneral Statute 143-11 requires that the Director <strong>of</strong> the <strong>Budget</strong> accompany the recommendedbiennial budget with a report on the fees charged by each state agency or institution, the statutoryor regulatory authority for each fee, the amount <strong>of</strong> the fee, when the amount <strong>of</strong> the fee was lastchanged, the number <strong>of</strong> times the fee was collected during the reporting period <strong>and</strong> the totalreceipts from the fee during the reporting period.Reporting PeriodThe reporting period is the fiscal year immediately preceding the biennial budget. For example,the reporting period for the 2003-05 budget would be fiscal year 2001-2002.Report Due Date: September 30 <strong>of</strong> the even numbered years or as directed.Report Information: (Prepare a separate report for each budget code.)• Department Name: Department for which report is prepared.• <strong>Budget</strong> Code: <strong>Budget</strong> Code number <strong>and</strong> title where receipts are recorded.• Fiscal Year: The fiscal year for which the report is prepared.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 190• Fund Code: Chart <strong>of</strong> Accounts center number (first four positions only) wherereceipts are recorded.• Account Number: Chart <strong>of</strong> Accounts account number where receipts arerecorded.• Fee Title/Description: Description or title <strong>of</strong> the individual fee which is beingreported.• Statutory/G. S. Reference: The legal authority for collection <strong>of</strong> the fee.• Fee Amount: The actual rate established for the fee in the report period. If morethan one fee rate is established for the fee title, use the highest rate<strong>and</strong> the lowest rate <strong>of</strong> the fee rates set. Attach a copy <strong>of</strong> the rateschedule that supports the range <strong>of</strong> fees. Do not use the word"Various" to indicate more than one rate. List all rates ifappropriate.• Date <strong>of</strong> Last Change in the Fee Amount: The last date the rate <strong>of</strong> the fee waschanged. The date should be the numerical equivalent <strong>of</strong> the date(For example November 1, 2001 would be reflected as 11/01/01).• Frequency <strong>of</strong> Collections: This is the number <strong>of</strong> collection within the reportingperiod. If the frequency is quarterly, use the number four (4);monthly would be reflected as twelve (12), etc. Do not use thewords "quarterly, annually, monthly" or other descriptions toindicate the frequency <strong>of</strong> collections.• Number <strong>of</strong> Times Fee Collected During Report Period: This is the totalnumber <strong>of</strong> times the fee was collected during the reporting period.• Total Collections: This is the total collections for the referenced fee during thereporting period. The total collections should be rounded to thenearest dollar.Designation <strong>of</strong> Duty Station ReportPursuant to G.S. 138(6)(a)(1) any designation <strong>of</strong> an employee's home as his duty station by adepartment head shall require prior approval by the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> onan annual basis.Departments, institutions, <strong>and</strong> agencies must make one submission for the entire department,institution or agency by the second week in December <strong>of</strong> each preceding calendar year <strong>of</strong> allemployees whose home is also their duty station. For example, reports submitted in the secondweek <strong>of</strong> December 2002 would reflect approval for calendar year 2003. If there are no


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 191employees whose home is also their duty station, a report must still be submitted stating this fact.When hiring new employees or designating the home as the duty station <strong>of</strong> current employeesduring the calendar year, a revision to the annual report must be submitted to <strong>OSBM</strong> for its priorapproval. Employees assigned to regional <strong>of</strong>fices or who are living in state-owned facilitiesshould not be listed on the report.Report Information:• Department Name: Department for which report is prepared.• Division Name: Division <strong>of</strong> department for which report is prepared.• Calendar Year: Calendar year for the duty station designation approval.• Employee Name: Complete name <strong>of</strong> employee for the duty station designationapproval.• Employee Title: Official title <strong>of</strong> the employee for the duty station designationapproval.• Duty Station: Location <strong>of</strong> employee duty station.• Number <strong>of</strong> Trips to Raleigh: Projected number <strong>of</strong> trips from employee dutystation.• Weekly: Projected number <strong>of</strong> weekly trips.• Monthly: Projected number <strong>of</strong> monthly trips.• Yearly: Projected number <strong>of</strong> yearly trips.• Job Duties: Brief statement <strong>of</strong> job duties.Committees <strong>and</strong> Councils ReportPursuant to G.S. 143B-10(d) the <strong>Office</strong> <strong>of</strong> <strong>State</strong> <strong>Budget</strong> <strong>and</strong> <strong>Management</strong> must annually compilea report on committees <strong>and</strong> councils which includes a complete list <strong>of</strong> committees or councils,the total membership <strong>of</strong> each, the cost in the last 12 months, the source <strong>of</strong> funding, <strong>and</strong> the title<strong>of</strong> the person who made the appointments.Reporting PeriodThe reporting period is the fiscal year immediately proceeding the reporting period. Forexample, if the report is due February 2001 the reporting period is July 1, 2001 to June 30, 2002.Report Due Date: Annually by February 1.Reported Information:


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 192• Name <strong>of</strong> Board, Committee or Commission: This should reflect the <strong>of</strong>ficialname <strong>of</strong> the board, committee, or commission.• Number <strong>of</strong> Members: The total number <strong>of</strong> members that serve on the board,committee, or commission.• Date Established: The <strong>of</strong>ficial date the board, committee, or commissionwas established.• Established by: Specify who (Governor, Department Head, Legislature etc.)established the board, committee, or commission.• Date <strong>of</strong> Last Formal Meeting: Provide the date (month, day <strong>and</strong> year) <strong>of</strong> thelast formal meeting held by the board, committee or commission.• Number <strong>of</strong> Formal Meetings Held in 12 months: The number <strong>of</strong> formalmeetings held in 12 months would be the count <strong>of</strong> meetings held during thereporting period (fiscal year).• Cost: The actual cost <strong>of</strong> the board, committee, or commission for thereporting period.• Cost Per Meeting: This would be the total cost for the meetingsdivided by the number <strong>of</strong> meetings for which thecost was incurred.• Annual Cost: This would be the total cost <strong>of</strong> meetings for thereporting period.• Funding Source: Indicate the type <strong>of</strong> funds supporting the requirements<strong>of</strong> the costs for the board, committee, or commission bychecking one or more <strong>of</strong> the following funding sources:• Appropriation (General Fund or Highway Fund)• Federal• Other• Indirect Cost: This is the cost <strong>of</strong> related staff time, if available, which isnot included in the actual cost <strong>of</strong> the board, committee, orcommission.• Cost per Meeting: The total annual cost for the reporting perioddivided by the number <strong>of</strong> meetings for which the cost wasincurred.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 193• Annual Cost: The total annual cost for the reporting period.Report on Department Forms <strong>and</strong> ReportsG.S. 143-10.7 provides that <strong>OSBM</strong> will review “all internal <strong>and</strong> external forms <strong>and</strong> reports inuse by <strong>State</strong> departments <strong>and</strong> institutions to confirm whether these forms <strong>and</strong> reports continue tobe needed."It is essential that each state department <strong>and</strong> institution adopt st<strong>and</strong>ard procedures to enable<strong>OSBM</strong> to carry out this m<strong>and</strong>ate in an effective <strong>and</strong> cost efficient manner.DefinitionsThe following definitions apply to procedures contained in this item:• Form: means a fixed-length document, either pre-printed or stored as a computertemplate/screen, containing spaces for the insertion <strong>of</strong> information.Exceptions are "utility forms" such as phone message slips, routing slips,"from the desk <strong>of</strong>" note pads, <strong>and</strong> the like.• Report:means a variable length document prepared in a st<strong>and</strong>ard format,including computer template/screen, by one party to provide narrative<strong>and</strong>/or statistical information to one or more users. A report may or maynot be prepared on a form. Exceptions are booklets, pamphlets, etc., <strong>of</strong> apromotional nature that are produced for general distribution.General GuidelinesPrinted Forms (Recurring)Each state agency must keep a central file containing a current copy <strong>of</strong> each printed form that isissued within or by the agency.Within the central file <strong>of</strong> current forms, the name <strong>of</strong> the position that has the authority to changeor eliminate each form must be stated.Each recurring printed form issued by each agency must contain the following:• A unique identification code clearly printed on each page <strong>of</strong> the form.**NOTE**: The identification coding scheme adopted by the agency is at the discretion<strong>of</strong> the agency.• A unique title for the form must be printed on the first page <strong>of</strong> each form.Near the form number must be printed the date that the current version <strong>of</strong> the form is/was to beused.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 194Reports (Recurring)Each state agency must keep a central file containing a current copy <strong>of</strong> the format <strong>of</strong> each printedreport that is issued within or by the agency. At the agency's discretion, a current copy <strong>of</strong> theguidelines <strong>and</strong> schedules for producing these reports would be acceptable.Within the central file <strong>of</strong> current report formats, the name <strong>of</strong> the position that has the authority toissue, change, or eliminate each report must be stated. Each recurring printed report issued byeach agency must contain the following:• A unique identification code clearly printed on the first page <strong>of</strong> the report.**NOTE**: The identification coding scheme adopted by the agency is at the discretion<strong>of</strong> the agency.• A unique title for the report must be printed on the first page <strong>of</strong> the report.On the first page <strong>of</strong> each report must appear the issue date <strong>of</strong> the report <strong>and</strong> the dates that thereport covers.Agency Organizational Charts (reporting)Principal DepartmentsThe naming <strong>of</strong> subunits within a department is prescribed by G.S. 143B-11 <strong>and</strong> is explainedbelow:• The principal subunit <strong>of</strong> a department is a division. Each division shall beheaded by a director.• The principal subunit <strong>of</strong> a division is a section. Each section shall beheaded by a chief.• If further subdivision is necessary, sections may be divided into subunits whichshall be known as branches <strong>and</strong> which shall be headed by heads, <strong>and</strong> branchesmay be divided into subunits which shall be known as units <strong>and</strong> which shall beheaded by supervisors.All Other <strong>State</strong> Agencies <strong>and</strong> the University <strong>of</strong> North Carolina <strong>and</strong> its constituent institutionsshall approximate the nomenclature specified in G.S. 143B-11 as closely as practicable.Reporting <strong>of</strong> Criminal Misuse <strong>of</strong> <strong>State</strong> PropertyG.S. 114-15.1 instructs state employees on how to report information on criminal misuse <strong>of</strong> stateproperty. <strong>State</strong> employees who receive information or evidence <strong>of</strong> any damage, misuse, or theft<strong>of</strong> state property shall report, as soon as possible but no later than three days from receiving theinformation or evidence, this information to their immediate supervisor. The immediatesupervisor shall then report the information or evidence to the head <strong>of</strong> the department, agency, orinstitution who will then report, within a reasonable time but no later than 10 days after receipt,this information in writing to the Director <strong>of</strong> the <strong>State</strong> Bureau <strong>of</strong> Investigation.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 195GLOSSARY<strong>State</strong> <strong>Budget</strong>The total requirements for North Carolina state government departments <strong>and</strong> institutions consists<strong>of</strong> approximately 54% General Fund dollars, 5% Highway Fund dollars, 32% federal funds, <strong>and</strong>9% various other receipts <strong>and</strong> funds. The state budget includes state aid funding for local publicschool units <strong>and</strong> local community colleges <strong>and</strong> institutions.General FundThe tax <strong>and</strong> nontax revenue collected by the <strong>State</strong> <strong>of</strong> North Carolina <strong>and</strong> deposited with the <strong>State</strong>Treasurer for appropriation by the General Assembly to support the operations <strong>and</strong> capitalconstruction needs <strong>of</strong> state departments <strong>and</strong> institutions. General Fund tax revenue includessales <strong>and</strong> use tax, individual income tax, corporate income tax, <strong>and</strong> franchise tax. General Fundnontax revenue includes court fees <strong>and</strong> income from the <strong>State</strong> Treasurer's investment <strong>of</strong> excessGeneral Fund dollars belonging to the state.Highway FundThe tax <strong>and</strong> nontax revenue collected by the <strong>State</strong> <strong>of</strong> North Carolina <strong>and</strong> deposited with the <strong>State</strong>Treasurer for appropriation by the General Assembly to support the operations <strong>and</strong> capitalconstruction needs <strong>of</strong> the Department <strong>of</strong> Transportation, including the Division <strong>of</strong> MotorVehicles, <strong>and</strong> the Highway Patrol Division <strong>of</strong> the Department <strong>of</strong> Crime Control <strong>and</strong> PublicSafety. Highway Fund tax revenue includes licenses <strong>and</strong> fees relating to the operation <strong>of</strong> motorvehicles <strong>and</strong> the motor fuel tax. Highway Fund nontax revenue includes income from the <strong>State</strong>Treasurer's investments <strong>of</strong> Highway Fund dollars.Highway Trust FundThe tax revenue on motor fuels, special fuels, <strong>and</strong> road taxes deposited with the <strong>State</strong> Treasurerwhich is earmarked for appropriation for the construction <strong>of</strong> state-funded roads <strong>and</strong> bridges.Federal FundsThe funds received from federal government agencies for support <strong>of</strong> programs on the state level.Federal funds are received through block grants, entitlement programs, <strong>and</strong> specific grants.Other ReceiptsThe funds received by state departments <strong>and</strong> institutions for services performed, such as patientreceipts in hospitals, tuition fees in the universities <strong>and</strong> community colleges, or as fines forviolations <strong>of</strong> state regulations. These funds comprise approximately 9% <strong>of</strong> the total state budget.Nontax RevenueConsists <strong>of</strong> funds received from returns from the investments by the <strong>State</strong> Treasurer, court fees,<strong>and</strong> other sources.<strong>State</strong> Employees Subject to the Personnel Act (SPA)


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 196Positions in the state budget funded from various state revenue <strong>and</strong> receipts which are subject tothe terms <strong>and</strong> conditions <strong>of</strong> the <strong>State</strong> Personnel Act.<strong>State</strong> Employees Exempt from the Personnel Act (EPA)Positions in the state budget funded from various state revenue <strong>and</strong> receipts which are exemptfrom the terms <strong>and</strong> conditions <strong>of</strong> the <strong>State</strong> Personnel Act.Tax RevenueThe contributions from persons, groups, or businesses within the state for the support <strong>of</strong>government.Public School EmployeesPositions funded in the state budget for support <strong>of</strong> local public school units, including publicschool teachers. Driver education teachers are funded from the highway fund.University Faculty <strong>and</strong> AdministratorsPositions funded in the state budget for employment <strong>of</strong> teaching faculty <strong>and</strong> administrators in thestate's universities. These positions are not subject to the <strong>State</strong> Personnel Act.Community Colleges Faculty <strong>and</strong> AdministratorsPositions funded in the state budget on a per unit allocation for employment <strong>of</strong> faculty <strong>and</strong>administrators in the state's Community College System.Judicial EmployeesPositions funded in the state budget for Judicial Branch <strong>of</strong>ficials, ranging from the Chief Justiceto the clerks <strong>of</strong> court. These positions are not subject to the <strong>State</strong> Personnel Act.Salary ReserveSalary funds remaining on an annual basis when positions are filled at lower levels thanbudgeted are considered salary reserve. These funds may be used for salary range revisions <strong>and</strong>reclassifications <strong>of</strong> positions, subject to approval <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Personnel <strong>and</strong> <strong>OSBM</strong>.Lapsed SalariesThese are nonrecurring salary funds not spent during the fiscal year. The transfer <strong>and</strong> use <strong>of</strong>lapsedsalaries are restricted by state law. These funds may not be used to establish newpositions or for other recurring obligations.Salary AdjustmentSubject to approval <strong>of</strong> the <strong>Office</strong> <strong>of</strong> <strong>State</strong> Personnel, departments are allowed to give increases toemployees who are promoted or to others in response to private or government competition.Legislative Salary IncreaseThis is a salary increase given to teachers <strong>and</strong> state employees by the General Assembly. Theincrease may be a percentage increase <strong>of</strong> the base pay, a flat dollar amount per employee, or a


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 197combination <strong>of</strong> both. These types <strong>of</strong> increase are reflected in new salary schedules for stateemployees <strong>and</strong> for public school personnel.Longevity PayLongevity pay is the salary compensation paid to state employees who have been employed bythe state for a certain number <strong>of</strong> years. The payment is made on the anniversary date when theemployee began his or her employment with the state. The amount <strong>of</strong> payment for nonteachingpublic school personnel, community college personnel, <strong>and</strong> state employees subject to the <strong>State</strong>Personnel Act begins with year ten at 1.5% <strong>of</strong> the annual salary, then increases to 2.25%beginning with year fifteen, to 3.25% with year twenty, <strong>and</strong> to 4.5% beginning with year twentyfive.The longevity schedule for employees <strong>of</strong> the Judicial System is the same as that providedfor state employees except for judges, district attorneys, public defenders, <strong>and</strong> elected clerks <strong>of</strong>courts. Longevity pay for these positions begins with year five at 4.8% <strong>of</strong> the annual salary <strong>and</strong>increases to 9.6% with year ten, to 14.4% with year fifteen <strong>and</strong> to 19.2% with year twenty. Forassistant district attorneys <strong>and</strong> public defenders, the longevity schedule caps at 14.4% withfifteen years <strong>of</strong> service. Longevity pay for teachers begins with year ten at 1% <strong>of</strong> base pay, thenincreases to 1.5% with year fifteen, to 2% with year twenty <strong>and</strong> to 2.5% beginning with yeartwenty-five.Certified <strong>Budget</strong>The budget as enacted by the General Assembly.Authorized <strong>Budget</strong>The budget as enacted by the General Assembly with changes approved by <strong>OSBM</strong>.Continuation <strong>Budget</strong>The part <strong>of</strong> the state budget necessary to continue the current level <strong>of</strong> services when adjusted forinflation, m<strong>and</strong>ated rate increases such as Social Security, annualization <strong>of</strong> programs, <strong>and</strong>operation <strong>of</strong> new facilities.Expansion <strong>Budget</strong>The part <strong>of</strong> the budget which provides for new programs, expansion <strong>of</strong> existing programs, <strong>and</strong>salary <strong>and</strong> benefit increases.Capital Improvement <strong>Budget</strong>The part <strong>of</strong> the state budget which provides for new construction, repairs <strong>and</strong> renovations <strong>of</strong>facilities, walks <strong>and</strong> drives, l<strong>and</strong> purchases, <strong>and</strong> civil works projects.<strong>Budget</strong> Transaction (BD 606)The process by which funds may be transferred, receipts budgeted, <strong>and</strong> positions established, allwith approval <strong>of</strong> <strong>OSBM</strong>. The Executive <strong>Budget</strong> Act has certain restrictions on these budgettransactions; however, the Director <strong>of</strong> the budget may declare a deviation from the restrictions<strong>and</strong> then report the transaction to the Legislative Commission on Government Operations.Excess Receipts


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 198These are receipts received for services performed, fines received for violation <strong>of</strong> stateregulations, or federal grants <strong>and</strong> funds received for specific purposes which exceed the amountsanticipated <strong>and</strong> budgeted by the General Assembly. When such excess receipts occur in theGeneral Fund or Highway Fund budgets <strong>and</strong> the receipts are not authorized by <strong>OSBM</strong> to be usedby the agency, they revert to the appropriate fund at the end <strong>of</strong> the fiscal year.General Fund <strong>Budget</strong> CodesThose budgets for each department <strong>and</strong> institution which are supported from state General Fundrevenue <strong>and</strong> from receipts considered to be general rather than specific in nature.Highway Fund <strong>Budget</strong> CodesThose budgets for each department which are supported from state Highway Fund revenue <strong>and</strong>from receipts considered to be general rather than specific in nature.Special Fund <strong>Budget</strong> CodesThose budgets for each department which are supported entirely from receipts collected for thespecific purposes or services performed by the department.Fund (Program) CodesPrograms (also called purposes) in each department's budget which have a separate budget <strong>of</strong>their own.Object Line-ItemsThe individual objects <strong>of</strong> expenditure in each fund (program) in a departmental operating budgetsuch as salaries, supplies, equipment, <strong>and</strong> travel. This is referred to as an account number in thenew Chart <strong>of</strong> Accounts.Executive <strong>Budget</strong> ActThe Act which governs the budgetary process in North Carolina. It provides the statutorylanguage for development, presentation, authorization, <strong>and</strong> control <strong>of</strong> the budget. (G.S. 143-1through G. S. 143-34.7)Repair <strong>and</strong> Renovations ReserveThis account is a restricted reserve from which funds are authorized by the General Assembly forthe repair <strong>and</strong> renovation <strong>of</strong> state buildings <strong>and</strong> related infrastructure that are General Fundsupported. The funding is the greater <strong>of</strong> (1) one fourth <strong>of</strong> any credit balance, as determined on acash basis, or (2) 3% <strong>of</strong> the replacement value <strong>of</strong> all state buildings supported from the GeneralFund, at the end <strong>of</strong> each fiscal year.<strong>Budget</strong> Stabilization ReserveThis account is a restricted reserve from which funds are authorized by the General Assembly foremergencies or budget stabilization efforts. Funding is based on 25% <strong>of</strong> the credit balance, asdetermined on a cash basis, until the account contains funds equal to 5% <strong>of</strong> the amountappropriated the preceding year for the General Fund operating budget.


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 199Legislative BondsThis consists <strong>of</strong> appropriations authorized by the General Assembly from bonds which pledgethe full faith <strong>and</strong> credit <strong>of</strong> the state for capital improvements. The authorization is limited to anamount not to exceed two-thirds <strong>of</strong> the amount by which the state's indebtedness has beenreduced during the previous biennium.Vote <strong>of</strong> the People BondsThis consists <strong>of</strong> appropriations authorized by the General Assembly from bonds which require anaffirmative vote <strong>of</strong> the people to authorize the issuance <strong>of</strong> bonds pledging the full faith <strong>and</strong> credit<strong>of</strong> the state for specific purposes, chiefly capital improvements <strong>and</strong> highway construction.Debt ServiceDebt Services consists <strong>of</strong> payments for interest on <strong>and</strong> redemption <strong>of</strong> outst<strong>and</strong>ing bonds forwhich the full faith <strong>and</strong> credit <strong>of</strong> the state are pledged.Treasurer's Investment IncomeThe <strong>State</strong> Treasurer administers the Cash <strong>Management</strong> <strong>and</strong> Trust Funds Investments Programs.The yield from the investment programs is credited to nontax revenue accounts for the GeneralFund <strong>and</strong> Highway Funds which are called "Investment Income" accounts.Performance Pay PlanThe compensation policy which encourages excellence <strong>of</strong> performance <strong>and</strong> provides salaryincreases to state employees based on annual performance appraisal.MedicaidThe assistance program which provides for medical care for public assistance recipients, for theelderly, <strong>and</strong> for the disabled.ProbationA nonincarceration program operated by the Department <strong>of</strong> Correction primarily to supervise<strong>of</strong>fenders who are convicted <strong>of</strong> less serious crimes.ParoleA program operated by the Department <strong>of</strong> Correction primarily to assist inmates in pre-releaseadjustment <strong>and</strong> to provide supervision, surveillance, <strong>and</strong> treatment to inmates when they arereleased from prison.Local Government Tax Shared RevenueRevenues collected by the state <strong>and</strong> shared with local governments - intangibles, beverages, <strong>and</strong>franchise taxes. The 1992 Session <strong>of</strong> the General Assembly authorized a change fromappropriated funds to an earmarked revenue as was the case prior to 1990-91.Local Government Tax ReimbursementsReimbursements for "holding harmless" local governments due to the Tax Reduction Act <strong>of</strong>1985. These measures include (1) property tax on business inventories; (2) property tax


BUDGET MANUALSTATE OF NORTH CAROLINAOFFICE OF STATE BUDGET AND MANAGEMENTEFFECTIVE DATE: July 1, 2005RECENT UPDATE: June 28, 2005 Page 200homestead exemption; (3) sales tax on food stamp purchases, <strong>and</strong> (3) intangibles on tax onmoney on deposit <strong>and</strong> certain accounts receivable. The funding was returned to earmarkedrevenue in 1995-96 as was the case prior to 1990-91.Temporary Assistance for Needy Families (TANF)TANF is a federally supported Block Grant that supports programs providing assistance to needyfamilies.

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