North Carolina § 143C-3-5 - Budget recommendations and budget message.

§ 143C-3-5. Budget recommendations and budget message.

Budget Proposals. - The Governor shall present budget recommendations, consistent with G.S. 143C-3-1, 143C-3-2, and 143C-3-3 to each regular session of the General Assembly at a mutually agreeable time to be fixed by joint resolution. Odd-Numbered Years. - In odd-numbered years the budget recommendations shall include the following components: A Recommended State Budget setting forth goals for improving the State with recommended expenditure requirements, funding sources, and performance information for each State government program and for each proposed capital improvement. The Recommended State Budget may be presented in a format chosen by the Director, except that the Recommended State Budget shall clearly distinguish program base budget requirements, program reductions, program eliminations, program expansions, and new programs, and shall explain all proposed capital improvements in the context of the Six-Year Capital Improvements Plan and as required by G.S. 143C-8-6. The Governor's Recommended State Budget shall include a base budget, which shall be presented pursuant to subdivision (2) of this subsection. A Recommended Base Budget showing, for each budget code and purpose or program in State government, accounting detail corresponding to the Recommended State Budget. The Recommended Base Budget shall employ the North Carolina Accounting System Uniform Chart of Accounts adopted by the State Controller to show both uses and sources of funds and shall display in separate parallel columns all of the following: (i) actual expenditures and receipts for the most recent fiscal year for which actual information is available, (ii) the certified budget for the preceding fiscal year, (iii) the currently authorized budget for the preceding fiscal year, (iv) program base budget requirements for each fiscal year of the biennium, (v) proposed expenditures and receipts for each fiscal year of the biennium, and (vi) proposed increases and decreases. The Recommended Base Budget shall include detailed information on recommended expenditures for capital improvements as required by G.S. 143C-8-6. The Recommended Base Budget shall include accurate projections of receipts, expenditures, and fund balances. Estimated receipts, including tuition collected by university or community college institutions, shall be adjusted to reflect actual collections from the previous fiscal year, unless the Director recommends a change that will result in collections in the budget year that differ from prior year actuals, or the Director otherwise determines there is a more reasonable basis upon which to accurately project receipts. Revenue and expenditure detail provided in the Budget Support Document shall be no less detailed than the two-digit level in the North Carolina Accounting System Uniform Chart of Accounts as prescribed by the State Controller. The Recommended Base Budget shall clearly identify all proposed expenditures supported by existing or proposed appropriations, including statutory appropriations. A recommended Current Operations Appropriations Act that makes appropriations for each fiscal year of the upcoming biennium for the operating and capital expenses of all State agencies as contained in the Recommended State Budget. The biennial State Information Technology Plan as outlined in Part 2 of Article 15 of Chapter 143B of the General Statutes to be consistent in facilitating the goals outlined in the Recommended State Budget. A list of budget adjustments made during the prior fiscal year pursuant to G.S. 143C-6-4 that are included in the proposed base budget for the upcoming fiscal year. The list of budget adjustments shall identify the revision number, revision type, revision title, the purpose or programs affected, and the amount of funds moving between the purpose or programs. The Governor's Recommended State Budget shall include a transfer to the Savings Reserve of fifteen percent (15%) of the estimated growth in State tax revenues that are deposited in the General Fund for each fiscal year of the upcoming biennium. This subdivision applies only if, and to the extent that, the balance of the Savings Reserve remains below the recommended Savings Reserve balance developed pursuant to G.S. 143C-4-2(f). The Governor's Recommended State Budget shall include a transfer to the State Capital and Infrastructure Fund of four percent (4%) of the estimated net State tax revenues that are deposited in the General Fund for each fiscal year of the upcoming biennium. Even-Numbered Years. - In even-numbered years, the Governor may recommend changes in the enacted budget for the second year of the biennium. These recommendations shall be presented as amendments to the enacted budget and shall be incorporated in a recommended Current Operations Appropriations Act. Any recommended changes shall clearly distinguish program reductions, program eliminations, program expansions, and new programs, and shall explain all proposed capital improvements in the context of the Six-Year Capital Improvements Plan and as required by G.S. 143C-8-6. The Governor shall provide sufficient supporting documentation and accounting detail, consistent with that required by G.S. 143C-3-5(b), corresponding to the recommended amendments to the enacted budget. Funds Included in Budget. - Consistent with requirements of the North Carolina Constitution, Article 5, Section 7(1), the Governor's Recommended State Budget, together with the Recommended Base Budget and Recommended Capital Improvements Budget Support Document, shall include recommended expenditures of State funds from all Governmental and Proprietary Funds, as those funds are described in G.S. 143C-1-3, and all funds established for The University of North Carolina and its constituent institutions that are subject to this Chapter. Except where provided otherwise by federal law, funds received from the federal government become State funds when deposited in the State treasury and shall be classified and accounted for in the Governor's budget recommendations no differently than funds from other sources. Availability Estimates. - The recommended Current Operations Appropriations Act shall contain a statement showing the estimates of General Fund availability, Highway Fund availability, and Highway Trust Fund availability upon which the Recommended State Budget is based. Budget Message. - The Governor's budget recommendations shall be accompanied by a written budget message that does all of the following: Explains the goals embodied in the recommended budget. Explains important features of the activities anticipated in the budget. Explains the assumptions underlying the statement of revenue availability. Sets forth the reasons for changes from the previous biennium or fiscal year, as appropriate, in terms of programs, program goals, appropriation levels, and revenue yields. Identifies anticipated sources of funding for major spending initiatives. Prepares a fiscal analysis that addresses the State's budget outlook for the upcoming five-year period. This fiscal analysis shall include detailed estimates for five years for any proposals to create new or significantly expand programs and for proposals to create new or change existing law. Different Gubernatorial Administrations. - For years in which there will be a change in gubernatorial administrations, the incumbent Governor shall complete the budget recommendations and budget message by December 15 and deliver them to the Governor-elect. History (2006-203, s. 3; 2007-393, s. 4; 2012-194, s. 34; 2013-360, s. 6.12(e), (k); 2014-100, s. 6.4(c); 2015-241, s. 7A.4(dd); 2017-5, s. 2; 2017-57, ss. 6.6(c), 36.12(d); 2019-250, s. 5.9(b).) Editor's Note. - Session Laws 2014-100, s. 6.4(h), made the amendment to subsection (b) by Session Laws 2014-100, s. 6.4(c), applicable beginning with the recommended State budget of the 2015-2017 fiscal biennium. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. The statutory reference in subdivision (b)(4) was changed with approval of the Revisor of Statutes to conform to the recodification by Session Laws 2015-241. Session Laws 2017-5, s. 2 and Session Laws 2017-57, s. 36.12(d), both enacted a subdivision (b)(6). Subdivision (b)(6), as enacted by Session Laws 2017-57, s. 36.12(d) has been redesignated as subdivision (b)(7) at the direction of the Revisor of Statutes. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2007-393, s. 4, effective October 1, 2007, substituted "recommendations, consistent with G.S. 143C-3-1 , 143C-3-2, and 143C-3-3" for "recommendations" in subsection (a). Session Laws 2012-194, s. 34, effective July 17, 2012, in subdivision (b)(3), substituted "Appropriations" for "Appropriation"; in subdivision (b)(4), substituted "G.S. 147-33.72B" for "G.S. 147-33-72B"; and in subsection (d), substituted "Section 7(1)" for "Section 7(a)." Session Laws 2013-360, s. 6.12(e), effective July 1, 2013, substituted "Availability" for "Revenue" in the subsection heading of subsection (e). Session Laws 2013-360, s. 6.12(k), effective July 1, 2013, deleted "Fiscal" following "Numbered" in the subsection heading of subsections (b) and (c); deleted the former last sentence in subdivision (b)(1), which read "The Director shall include as continuation requirements the amounts the Director proposes to fund for the enrollment increases in public schools, community colleges, and the university system"; added subdivisions (b)(1a) and (b)(5); and added "and all funds established for The University of North Carolina and its constituent institutions that are subject to this Chapter" in subsection (d). Session Laws 2014-100, s. 6.4(c), effective July 1, 2014, in subsection (b), substituted "base budget requirements" for "continuation requirements" and "base budget" for "continuation budget." See Editor's note for applicability. Session Laws 2015-241, s. 7A.4(dd), effective July 1, 2015, substituted "Part 2 of Article 15 of Chapter 143B of the General Statutes" for "G.S. 147-33.72B" in subdivision (b)(4). Session Laws 2017-5, s. 2, effective October 1, 2017, added subdivision (b)(6). Session Laws 2017-57, s. 6.6(c) effective July 1, 2017, substituted "State Budget." for "State Budget, together with a Capital Improvements Appropriations Act that authorizes any capital improvements projects." in subdivision (b)(3); and substituted "Appropriations Act" for "Appropriation Act and a recommended Capital Improvements Appropriations Act as necessary" in end of the second sentence of subsection (c). Session Laws 2017-57, s. 36.12(d), effective July 1, 2019, added subdivision (b)(7). Session Laws 2019-250, s. 5.9(b), effective November 18, 2019, in subdivision (b)(1a), deleted "in the budget support document" following "shall be presented"; in subdivision (b)(2), substituted "Recommended Base Budget" for "Budget Support Document" throughout the subdivision; in subdivision (b)(3), added "recommended" following "A" at the beginning of the sentence; in subdivision (b)(5), added the last sentence; in subsection (d), added "Recommended Base Budget and Recommended Capital Improvements" preceding "Budget Support Document."