North Carolina § 147-83 - Receipts from federal government not affected.

§ 147-83. Receipts from federal government not affected.

General Statutes 147-77, 147-78, 147-80, 147-81, 147-82, 147-83 and 147-84 shall not be held or construed to affect or interfere with the receipts and disbursements of any funds received by any institution or department of this State from the federal government when in the act of Congress, relating to such funds received from the federal government, a contrary disposition or handling is prescribed or required, and the said sections shall not apply to any moneys paid to any department, institution or agency, or undertaking of the State of North Carolina, as a part of any legislative appropriation, or allotment from any contingent fund, as provided by law, after the same has been paid out of the State treasury. History (1925, c. 128, s. 6; 2019-250, s. 5.7(b).) Editor's Note. - Session Laws 2019-250, s. 5.7(c) made this section, as amended by Session Laws 2019-250, s. 5.7(b), effective July 1, 2019, and applicable to funds received on or after that date. Effect of Amendments. - Session Laws 2019-250, s. 5.7(b), deleted "and gifts" following "federal government" in the section heading; deleted "or any gift or donation to any institution or department of the State or commission or agency thereof" following "State from the federal government"; deleted "either" after "when"; and deleted "or in the instrument evidencing the said private donation or gift," before "a contrary disposition." Opinions of Attorney General When Federally Confiscated Drug Related Property Is Returned to Local Authorities. - If federal authorities confiscate drug related property and thereafter return a part of it to local authorities for law enforcement purposes, the N.C. Constitution and laws do not require these funds to go to the local school board as forfeited property and they may be used by local law enforcement. See opinion of the Attorney General to Mr. Aubrey S. Tomlinson, Jr., Attorney for Franklin County, 58 N.C.A.G. 51 (1988). Funds donated to Lenox Baker Children's Hospital are required to be deposited with the State Treasurer unless the conditions or terms of the gift provide to the contrary, or unless otherwise provided by law. See opinion of Attorney General to Mr. Richard J. Vinegar, Chairman Board of Directors of Lenox Baker Children's Hospital, 56 N.C.A.G. 31 (1986). Any gift in trust where the terms contraindicate investment or deposit with the State Treasurer (for example where the terms of the gift provide for a private trustee) would be exempt from the operation of the cash management policy. See opinion of Attorney General to Mr. Phillip J. Kirk, Jr., Secretary, Department of Human Resources, 56 N.C.A.G. 10 (1986).