North Carolina § 143C-5-2 - Order of appropriations bills.

§ 143C-5-2. Order of appropriations bills.

Each house of the General Assembly shall first pass its version of the Current Operations Appropriations Act on third reading and order it sent to the other chamber before placing any other appropriations bill on the calendar for second reading. This section does not apply to the following bills: An appropriations bill to respond to an emergency as defined by G.S. 166A-19.3. An appropriations bill making adjustments to the current year budget. An appropriations bill authorizing continued operations at current funding levels. In even-numbered years, an appropriations bill that contains a statement that the General Assembly does not intend to enact a Current Operations Appropriations Act that year. The provisions of subsection (a) of this section shall apply to each fiscal year of the biennium. History (2006-203, s. 3; 2012-12, s. 2(w); 2014-100, s. 6.8.) Editor's Note. - Session Laws 2009-451, s. 6.6C(c), provides: "Use of ARRA [American Recovery and Reinvestment Act of 2009] Funds. - Notwithstanding G.S. 143C-5-2 and G.S. 143C-6-4 , or any other provision of law to the contrary, State agencies may, with approval of the Director of the Budget and in consultation with the North Carolina Office of Economic Recovery and Investment, spend State funds as defined in G.S. 143C-1-1(25) and, in accordance with subsection (b) of this section, funds received from federal receipts and federal grants resulting from enactment of the ARRA and awarded during the 2008-2009 State fiscal year. State agencies may not allocate or otherwise obligate any ARRA funds prior to enactment of this act, except that a State agency, as defined in G.S. 143C-1-1(24) , may allocate or otherwise obligate federal funds under this section if the federal government has issued rules or formal guidance stipulating that a state's lack of allocation or obligation would otherwise jeopardize its receipt of federal ARRA funds. Under these limited circumstances, the State may allocate or obligate those funds for the 2008-2009 fiscal year only." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2009-2011 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2009-2011 fiscal biennium." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2018-2, s. 5(a), provides: "Notwithstanding G.S. 143C-5-2 , for the 2018-2019 fiscal year, there is appropriated from the unappropriated fund balance of the General Fund to the Department of Public Instruction the sum of sixty-one million three hundred fifty-nine thousand two hundred twenty-five dollars ($61,359,225) in recurring funds for a position allotment for program enhancement teachers for kindergarten through fifth grade." Session Laws 2018-44, s. 15(e), provides: "G.S. 143C-5-2 does not apply to this act." This act is known as "The Heroin and Opioid Prevention and Enforcement (HOPE) Act of 2018." Session Laws 2018-49, s. 8(d), provides: "G.S. 143C-5-2 does not apply to legislation that is introduced in the 2019 Regular Session of the 2019 General Assembly that contains the legislative changes necessary to accomplish the intent set forth in subsection (a) of this section." Subsection (a) of 2018-49, s. 8 concerns ensuring that the premium tax levied under G.S. 105-228.5 applies to capitation payments received by Prepaid Health Plans, as defined in G.S. 58-93-2. Session Laws 2018-49, s. 9(c), provides: "G.S. 143C-5-2 does not apply to legislation that is introduced in the 2019 Regular Session of the 2019 General Assembly that contains the legislative changes necessary to accomplish the intent set forth in subsection (a) of this section." Subsection (a) of 2018-49, s. 9 expresses the intent to enact legislation during the 2019 Regular Session that will replace the Hospital Provider Assessment Act in Article 7 of Chapter 108A of the General Statutes with a similar hospital provider assessment that will preserve existing levels of funding generated by the current assessment and will result in similar overall payment levels to hospitals. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2012-12, s. 2(w), effective October 1, 2012, substituted "an emergency as defined by G.S. 166A-19.3 " for "a disaster as defined by G.S. 166A-4(1)" in subdivision (1). Session Laws 2014-100, s. 6.8, effective July 1, 2014, designated the existing provisions as subsection (a), and added subdivision (a)(4) and subsection (b).