North Carolina § 143C-6-4 - Budget Adjustments Authorized.

§ 143C-6-4. Budget Adjustments Authorized.

Findings. - The General Assembly recognizes that even the most thorough budget deliberations may be affected by unforeseeable events; therefore, under the limited circumstances set forth in this section, the Director is authorized to adjust the enacted budget by making transfers among lines of expenditure, purposes, or programs or by increasing expenditures funded by departmental receipts. Budget Adjustments. - Notwithstanding the provisions of G.S. 143C-6-1, a State agency may, with approval of the Director of the Budget, spend more than was appropriated in the certified budget by adjusting the authorized budget for all of the following: Line items within programs. - An object or line item within a purpose or program so long as the total amount expended for the purpose or program is no more than was authorized in the certified budget for the purpose or program. Responses to extraordinary events. - A purpose or program if the overexpenditure of the purpose or program is: Required by a court or Industrial Commission order; Authorized under G.S. 166A-19.40(a)(1) and (c) of the North Carolina Emergency Management Act; or Required to call out the North Carolina National Guard. Responses to unforeseen circumstances. - A purpose or program not subject to the provisions of subdivision (b)(2) of this subsection, if each of the following conditions is satisfied: The overexpenditure is required to continue the purpose or programs due to complications or changes in circumstances that could not have been foreseen when the budget for the fiscal period was enacted. The scope of the purpose or program is not increased. The overexpenditure is authorized on a one-time nonrecurring basis for one year only, unless the overexpenditure is the result of (i) salary adjustments authorized by law or (ii) the establishment of time-limited positions funded with agency receipts. If the overexpenditure would cause a department's total requirements for a fund to exceed the department's certified budget for a fiscal year for that fund by more than three percent (3%), the Director shall consult with the Joint Legislative Commission on Governmental Operations prior to authorizing the overexpenditure. Subsection (b) of this section shall not be construed to authorize budget adjustments that cause General Fund expenditures, excluding expenditures from General Fund receipts, to exceed General Fund appropriations for a department. Overexpenditures Reported. - The Director shall report quarterly, beginning October 31, to the Joint Legislative Commission on Governmental Operations on overexpenditures approved by the Director under subdivisions (2) and (3) of subsection (b) of this section. Overexpenditures in Senate Budget. - The President Pro Tempore of the Senate may approve expenditures for more than was authorized in the enacted budget for objects or line items in the budget of the Senate. Overexpenditures in House of Representatives Budget. - The Speaker of the House of Representatives may approve expenditures for more than was authorized in the enacted budget objects or line items in the budget of the House of Representatives. Transfers Between Line Items or Programs in General Assembly Budget Other Than Senate and House of Representatives. - Expenditures exceeding amounts authorized for programs, objects, or line items in the budget of the General Assembly other than those of the Senate and House of Representatives shall be approved jointly by the President Pro Tempore of the Senate and the Speaker of the House of Representatives. Transfers in The University of North Carolina Budget. - Transfers or changes within the budget of The University of North Carolina may be made as provided in Article 1 of Chapter 116 of the General Statutes. Transfers Within the Office of the Governor. - Transfers or changes as between objects or line items in the budget of the Office of the Governor may be made by the Governor. History (2006-203, s. 3; 2007-117, s. 4; 2009-281, s. 1; 2011-183, s. 127(c); 2012-12, s. 2(x); 2013-360, s. 6.12(n); 2017-102, s. 26.) Cross References. - As to procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years, see G.S. 143C-5-4 . NC WISE Positions. - Session Laws 2007-323, s. 7.22, provides: "Notwithstanding G.S. 143C-6-4 , the State Board of Education may, subject to the approval of the Office of State Budget and Management, in consultation with the Office of Information Technology Services, and after consultation with the Joint Legislative Commission on Governmental Operations, use funds appropriated in this act for NC WISE to create a maximum of 10 positions and incur expenditures necessary to maintain and administer the NC WISE system within the Department of Public Instruction." For prior exceptions for the NC WISE System, see Session Laws 2006-66, s. 7.12(a), (b). Disaster Recovery Act of 2017. - Session Laws 2017-119, s. 4, provides: "Limitation. - The Governor may not use the funds described in this act to make budget adjustments under G.S. 143C-6-4 or to make reallocations under G.S. 166A-19.40(c) . Nothing in this act shall be construed to prohibit the Governor from exercising the Governor's authority under these statutes with respect to funds other than those described in this act. "The Governor shall also ensure that funds allocated in this act are expended in a manner that does not adversely affect any person's or entity's eligibility for federal funds that are made available, or that are anticipated to be made available, as a result of Hurricane Matthew, the western North Carolina wildfires, or Tropical Storms Julia and Hermine. The Governor shall also, to the extent practicable, avoid using State funds to cover costs that will be, or likely will be, covered by federal funds." Editor's Note. - Session Laws 2007-323, s. 6.1(b), as amended by Session Laws 2008-107, s. 6.1, provides: "Receipts collected in a fiscal year in excess of the amounts authorized by this section shall remain unexpended and unencumbered until appropriated by the General Assembly in a subsequent fiscal year, unless the expenditure of overrealized receipts in the fiscal year in which the receipts were collected is authorized by the State Budget Act. "Overrealized receipts are appropriated up to the amounts necessary to implement this subsection. "In addition to the consultation and reporting requirements set out in G.S. 143C-6-4 , the Office of State Budget and Management shall report to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division of the Legislative Services Office within 30 days after the end of each quarter on any overrealized receipts approved for expenditure under this subsection by the Director of the Budget. The report shall include the source of the receipt, the amount overrealized, the amount authorized for expenditure, and the rationale for expenditure." Session Laws 2007-323, s. 6.4, provides: "Notwithstanding G.S. 143C-6-4(b) , the Office of State Budget and Management, in consultation with the Office of the State Controller and the Fiscal Research Division, may adjust the enacted budget by making transfers among purposes or programs for the sole purpose of correctly aligning authorized positions and associated operating costs with the appropriate purposes or programs as defined in G.S. 143C-1-1(d)(23) . The Office of State Budget and Management shall change the certified budget to reflect these adjustments only after reporting the proposed adjustments to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Under no circumstances shall total General Fund expenditures for a State department exceed the amount appropriated to that department from the General Fund for the fiscal year." Session Laws 2007-323, s. 8.1(b), provides: "(b) Notwithstanding G.S. 143C-6-4 , the Community Colleges System Office may, subject to the approval of the Office of State Budget and Management, in consultation with the Office of Information Technology Services, and after consultation with the Joint Legislative Commission on Governmental Operations, use funds appropriated in this act for the College Information System Project to create a maximum of 10 positions or incur expenditures necessary to transfer the maintenance and administration of the College Information System Project from the vendor to the System Office. Personnel positions created pursuant to this subsection shall be located in community colleges across the State." Session Laws 2007-323, s. 10.49(ff), provides: "The General Assembly finds that counties have budgeted almost one hundred twenty-one million dollars ($121,000,000) to LMEs to pay for mental health, developmental disabilities, and substance abuse services. However, the General Assembly lacks information regarding the specific services that are purchased with those county funds. The General Assembly also lacks data regarding the incomes of persons receiving mental health, developmental disabilities, and substance abuse services that are paid for by either State or county funds. This lack of data severely limits the General Assembly's ability to determine the distribution of services that are being paid for with public funds, whether persons who are eligible for Medicaid are being enrolled in that program, and whether expanding the State's Medicaid eligibility criteria would impact a significant number of mental health, developmental disabilities, and substance abuse services consumers. Therefore, LMEs shall report annually to the Division all expenditures from county funds by the LME for services, start-up expenses, and capital and operational expenditures, regardless of the source of the funds and regardless of whether the funds were earned on a payment for service or grant basis. This reporting shall include specific information regarding the expenditure of all funds provided to the LME by the county or counties contained in the LME's catchment area and the amount of expenditures for services provided by the multicounty LME to residents of each county in the multicounty LME's catchment area. To the extent possible, the information shall be submitted through the Integrated Payment and Reimbursement System. LMEs shall also gather income data for all individuals receiving services. Notwithstanding G.S. 143C-6-4 , Budget Adjustments Authorized, the Department of Health and Human Services shall fully fund the State's contribution for LME system administration." Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2007-2009 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2007-2009 fiscal biennium." Session Laws 2007-323, s. 32.5, is a severability clause. Session Laws 2008-107, s. 6.3, provides: "Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management may adjust the enacted budget by making transfers among purposes or programs for the purpose of consolidating budget and fund codes or eliminating inactive budget and fund codes. The Office of State Budget and Management shall change the authorized budget to reflect these adjustments." Session Laws 2008-107, s. 6.9, provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act, provided the applications for the grants were made prior to May 14, 2008. The Office of State Budget and Management shall work with the recipient State agencies to budget grants award according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a permanent or time-limited basis. The Office of State Budget and Management shall consult with the Joint Legislative Commission on Governmental Operations prior to expending any funds received from grant awards. Funds received from such grants are hereby appropriated and shall be incorporated into the certified budget of the recipient State agency." Session Laws 2008-107, s. 8.2(b), provides: "Notwithstanding G.S. 143C-6-4 , the Community Colleges System Office may, subject to the approval of the Office of State Budget and Management and in consultation with the Office of Information Technology Services, use funds appropriated in this act for the College Information System to create a maximum of three positions. Personnel positions created pursuant to this subsection shall be dedicated to maintaining and administering information technology and software upgrades to the College Information System." For prior similar provisions, see Session Laws 2007-323, s. 8.1(b). Session Laws 2008-107, s. 10.1A, provides: "Notwithstanding G.S. 143C-6-4 , for the 2008-2009 fiscal year the Department of Health and Human Services may, with approval of the Office of State Budget and Management, take actions necessary to identify and realign or adjust the authorized budgets of the Department to fund payments for audit services provided by the Office of State Auditor and for data processing services billed by the State Information Technology Services office." Session Laws 2008-107, s. 10.10A(b), provides: "The Department of Health and Human Services, Division of Medical Assistance, shall make every effort to achieve savings within its operational budget and shall take the steps necessary to achieve overall budget reductions from the General Fund required by this act. Notwithstanding G.S. 143C-6-4(b)(3) , the Department may use funds appropriated to the Division of Medical Assistance to address shortfalls in funds for direct services within the Medical Assistance Payments budget of the Division of Medical Assistance." Session Laws 2008-107, s. 10.10A(c), provides: "Notwithstanding G.S. 143C-6-4(b)(3) , the Department of Health and Human Services may use funds appropriated to the Division of Medical Assistance to address contract shortfalls within the Division of Medical Assistance budget." Session Laws 2008-107, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2008'." Session Laws 2008-107, s. 30.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2008-2009 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2008-2009 fiscal year." Session Laws 2008-107, s. 30.5, is a severability clause. Session Laws 2009-451, s. 5.6, as amended by Session Laws 2010-31, s. 5.4, provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget and after consultation with the Joint Legislative Committee on Governmental Operations, spend funds received from grants awarded subsequent to the enactment of this act. The Office of State Budget and Management shall work with the recipient State agencies to budget grant awards according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a time-limited basis. The Office of State Budget and Management shall consult with the Joint Legislative Commission on Governmental Operations prior to expending any funds received from grant awards. Funds received from such grants are hereby appropriated and shall be incorporated into the authorized budget of the recipient State agency." Session Laws 2009-451, s. 6.2, provides: "Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management may adjust the enacted budget by making transfers among purposes or programs for the purpose of consolidating budget and fund codes or eliminating inactive budget and fund codes. The Office of State Budget and Management shall change the authorized budget to reflect these adjustments." Session Laws 2009-451, s. 6.3, provides: "Notwithstanding G.S. 143C-6-4(b) , the Office of State Budget and Management, in consultation with the Office of the State Controller and the Fiscal Research Division, may adjust the enacted budget by making transfers among purposes or programs for the sole purpose of correctly aligning authorized positions and associated operating costs with the appropriate purposes or programs as defined in G.S. 143C-1-1(d)(23) . The Office of State Budget and Management shall change the certified budget to reflect these adjustments only after reporting the proposed adjustments to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Under no circumstances shall total General Fund expenditures for a State department exceed the amount appropriated to that department from the General Fund for the fiscal year." 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. 7.14, provides: "Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may reorganize, if necessary, to implement the budget reductions set out in this act. The Department shall report to the Joint Legislative Commission on Governmental Operations on any reorganization." Session Laws 2009-451, s. 8.7(b), provides: "Notwithstanding G.S. 143C-6-4 , the Community Colleges System Office may, subject to the approval of the Office of State Budget and Management and in consultation with the Office of Information Technology Services, use funds appropriated in this act for the College Information System to create a maximum of three positions if doing so is cost-effective. Personnel positions created pursuant to this subsection shall be dedicated to maintaining and administering information technology and software upgrades to the College Information System." Session Laws 2009-451, s. 10.59(b), provides: "The Division of Medical Assistance shall make every effort to effect savings within its operational budget and use those savings to offset its contract shortfall. Notwithstanding G.S. 143C-6-4(b)(3) , the Department may use funds appropriated in this act to cover the contract shortfall in the Division of Medical Assistance if insufficient funds exist within the Division." 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 2010-31, s. 6.2, provides: "Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management may adjust the enacted budget by making transfers among purposes or programs for the purpose of consolidating budget and fund codes or eliminating inactive budget and fund codes. The Office of State Budget and Management shall change the authorized budget to reflect these adjustments." Session Laws 2010-31, s. 6.3, provides: "Notwithstanding G.S. 143C-6-4(b) , the Office of State Budget and Management, in consultation with the Office of the State Controller and the Fiscal Research Division, may adjust the enacted budget by making transfers among purposes or programs for the sole purpose of correctly aligning authorized positions and associated operating costs with the appropriate purposes or programs as defined in G.S. 143C-1-1(d)(23) . The Office of State Budget and Management shall change the authorized budget to reflect these adjustments only after reporting the proposed adjustments to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division. Under no circumstances shall total General Fund expenditures for a State department exceed the amount appropriated to that department from the General Fund for the fiscal year." Session Laws 2010-31, s. 7.7(c), provides: "Notwithstanding G.S. 143C-6-4 or Section 7.14 of S.L. 2009-451, the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize if necessary to implement the budget reductions set out in this act. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department shall provide a current organization chart in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization." Session Laws 2010-31, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2010'." Session Laws 2010-31, s. 32.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2010-2011 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2010-2011 fiscal year." Session Laws 2010-31, s. 32.6, is a severability clause. Session Laws 2011-145, s. 5.2, provides: "(a) Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations, spend funds received from grants awarded subsequent to the enactment of this act. "(b) The Office of State Budget and Management shall work with the recipient State agencies to budget grant awards according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a time-limited basis. The Office of State Budget and Management shall consult with the Joint Legislative Commission on Governmental Operations prior to expending any funds received from grant awards. Funds received from such grants are hereby appropriated and shall be incorporated into the authorized budget of the recipient State agency. "(c) Notwithstanding the provisions of this section, no State agency may accept a grant not anticipated in this act if acceptance of the grant would obligate the State to make future expenditures relating to the program receiving the grant or would otherwise result in a financial obligation as a consequence of accepting the grant funds. "(d) Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may spend funds received from the following grants for the 2011-2012 fiscal year awarded subsequent to the enactment of this act for up to the specified amounts: "(1) Child Nutrition Equipment Assistance $815,762 "(2) Verizon Thinkfinity State Education Partnership $ 40,000 "(3) State Abstinence Education Program $1,585,347. "Neither the approval of the Director of the Budget nor consultation with the Joint Legislative Commission on Governmental Operations is required prior to the expenditure of these funds. The provisions of subsection (b) of this section do not apply to these funds." Session Laws 2011-145, s. 6.5(a)-(d), had provided for interim appropriations committees, meetings, and a requirement for consultation by the Governor prior to certain budgetary actions, during the period between legislative sessions. Session Laws 2012-142, s. 6.1, effective July 1, 2012, repealed s. 6.5 of Session Laws 2011-145. Session Laws 2011-145, s. 7.19(a)-(c), provides: "(a) Notwithstanding G.S. 143C-6-4 or Section 7.14 of S.L. 2009-451, the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize if necessary to implement the budget reductions set out in this act. This consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department shall provide a current organization chart in the consultation process. The Department shall report to the Joint Legislative Commission on Governmental Operations on any reorganization. "(b) The Department of Public Instruction shall not increase the number of State-funded positions in any Department of Public Instruction divisions identified for reductions in this act. "(c) In implementing budget reductions under this act, the Department of Public Instruction shall make no reduction in funding or positions for the Positive Behavioral Support program." Session Laws 2011-145, s. 7.27, provides: "Notwithstanding G.S. 143C-6-4(b)(3) , the Department of Public Instruction may realign receipts among the following General Fund purpose codes on a recurring basis through the budget certification process for the sole purpose of correctly aligning the certified budget with the appropriate purpose or programs as defined in G.S. 143C-1-1(d)(23) : 1000, 1100, 1300, 1330, 1430, 1500, 1600, 1640, and 1660." Session Laws 2011-145, s. 10.32(b), provides: "The Division of Medical Assistance shall make every effort to effect savings within its operational budget and use those savings to offset its contract shortfall. Notwithstanding G.S. 143C-6-4(b)(3) , the Department may use funds appropriated in this act to cover the contract shortfall in the Division of Medical Assistance if insufficient funds exist within the Division." Session Laws 2011-145, s. 28.2, provides: "Notwithstanding G.S. 143C-6-4(b) , the Office of State Budget and Management, in consultation with the Department of Transportation, the Office of the State Controller, and the Fiscal Research Division, shall execute changes to the Department of Transportation's Highway Fund (Budget Code 84210) 2012-2013 Fiscal Year Certified Budget to increase transparency. The Adjusted 2012-2013 Fiscal Year Certified Budget for Budget Code 84210 shall include object detail using the North Carolina Accounting System Uniform Chart of Accounts prescribed by the Office of the State Controller to provide a more detailed accounting of the proposed budgets and receipts and actual expenditures and revenue collections. This includes, but is not limited to, applying object detail at the four-digit level for all acounts to full-time and part-time positions, to operating expenditures and receipts, and to intrafund transfers. In addition, work order positions shall be budgeted within existing fund codes. These readjustments to the enacted budget are for the sole purpose of correctly aligning authorized positions and associated operating costs with the appropriate purposes and definitions as defined in G.S. 143C-1-1 . The Office of State Budget and Management shall change the certified budget to reflect these adjustments only after reporting the proposed adjustments to the Chairs of the Senate Appropriations Committee on Department of Transportation and the Chairs of the House Appropriations Subcommittee on Transportation and to the Fiscal Research Division no later than March 1, 2012. It is the intent of the General Assembly that these changes in the certified budget for Budget Code 84210 shall begin with the 2012-2013 fiscal year and shall be used in subsequent fiscal years." Session Laws 2018-5, s. 34.8(a), repealed Session Laws 2011-145, s. 28.2, effective July 1, 2018, and applicable beginning with the 2019-2020 Highway Fund certified budget. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-142, s. 6.15, as added by Session Laws 2012-145, s. 1.2, provides: "Notwithstanding the provisions of Section 6.14 of this act and G.S. 143C-6-4 , and unless otherwise specifically directed in this act or in S.L. 2011-145, additional funds appropriated for the 2012-2013 fiscal year to State agencies as defined by G.S. 143C-1-1(d)(24) shall not be used to offset management flexibility adjustments enacted in this act or in S.L. 2011-145." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2013-56, s. 1, as amended by Session Laws 2013-184, s. 13(a) provides: "Notwithstanding G.S. 143C-6-4 or any other provision of law, in order to ensure that there is adequate funding in the Medicaid budget for the 2012-2013 fiscal year, the General Assembly directs the Director of the Budget, in conjunction with the State Controller and other necessary State officials, to effectuate the budget adjustments authorized in Section 2 of this act in an amount not to exceed four hundred ninety-six million dollars ($496,000,000) to cover a projected budget shortfall. No other budget adjustments shall be made pursuant to G.S. 143C-6-4 or any other provision of law to cover a projected Medicaid budget shortfall for the 2012-2013 fiscal year." Session Laws 2013-56, s. 6, provides: "On or before October 1, 2013, the Office of State Budget and Management, the Department of Health and Human Services, and the Office of State Controller shall report jointly on the implementation of this act. The Office of State Budget and Management and the Department of Health and Human Services shall report on each measure taken and the Office of State Controller shall certify compliance with Section 3 and Section 4 of this act. This report shall be made to the Appropriations•ase Budget Committee of the Senate, the Appropriations Committee of the House of Representatives, and the Joint Legislative Commission on Governmental Operations. Reporting requirements under G.S. 143C-6-4 shall not apply to adjustments made pursuant to this act." Section 3 of the act directs that budget adjustments made pursuant to the act are to be used only to pay the costs of the State Medicaid Program. Section 4 of the act limits the authority to make any adjustment, drawdown, or transfer unearned or borrowed receipts, if doing so would impose, increase, or continue a financial obligation. Session Laws 2013-247, s. 10, provides: "Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may reorganize, if necessary, staffing of the Governor Morehead School, the North Carolina School for the Deaf, and the Eastern North Carolina School for the Deaf to meet needed functions." Session Laws 2013-360, s. 5.2(a), provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "State agencies may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2013-360, s. 6.7, provides: "Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management may, after reporting to the Fiscal Research Division, adjust the authorized budget by making transfers among purposes or programs for the purpose of consolidating budget and fund codes or eliminating inactive budget and fund codes. The Office of State Budget and Management shall change the authorized budget to reflect these adjustments." Session Laws 2013-360, s. 6.10, provides: "Notwithstanding G.S. 143C-6-4 , expansion funds appropriated for the 2013-2015 fiscal biennium to State agencies as defined by G.S. 143C-1-1(d)(24) shall not be used to offset management flexibility adjustments in this act." Session Laws 2013-360, s. 8.6, as amended by Session Laws 2014-100, s. 8.6, provides: "(a) Notwithstanding G.S. 143C-6-4 , the State Board of Education may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize the Department of Public Instruction, if necessary, to implement the budget reductions for the 2013-2015 fiscal biennium. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The State Board shall provide a current organization chart for the Department of Public Instruction in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization. "(b) In implementing budget reductions for the 2014-2015 fiscal year, the State Board of Education shall make no reduction to funding or positions for (i) the North Carolina Center for Advancement of Teaching and (ii) the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, except that the State Board may, in its discretion, reduce positions that have been vacant for more than 16 months. "The State Board shall also make no reduction in funding to any of the following entities: "(1) Communities in Schools of North Carolina, Inc. "(2) Teach for America, Inc. "(3) Beginnings For Parents of Children Who Are Deaf or Hard of Hearing, Inc." Session Laws 2013-360, s. 8.46, provides: "Notwithstanding G.S. 143C-6-4 and subject to the direction, control, and approval of the State Board of Education, the State Superintendent of Public Instruction shall realign existing resources within the Department of Public Instruction to increase the information technology oversight capacity of the Department. The Superintendent shall identify two positions for this purpose in order to establish a Chief Information Officer and a Project Management Officer. The realignment of the positions and resources is subject to the approval of the Office of State Budget and Management." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2014-100, s. 14.2B(a)-(b), provides: "(a) Notwithstanding S.L. 2013-360 and G.S. 143C-6-4 , the Department of Environment and Natural Resources may take the two million dollar ($2,000,000) efficiencies reduction created by consolidating the Divisions of Water Resources and Water Quality from other divisions and programs, subject to the following restrictions: "(1) No State attraction proposed for closure in the Current Operations and Capital Improvements Appropriations Act of 2014, as passed by either the Senate or the House of Representatives but not enacted when that act becomes law, may be included in the reduction by the Department. "(2) No program or item expansion funds appropriated for the 2013-2015 fiscal biennium to the Department shall be used to offset the management flexibility reduction under this section. "(b) The Department shall report on the reductions made as required by this section no later than October 1, 2014, to the chairs of the Senate Appropriations Committee on Natural and Economic Resources, the House of Representatives Appropriations Subcommittee on Natural and Economic Resources, and the Fiscal Research Division." 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. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-7, s. 11(a), provides: "Notwithstanding G.S. 143C-6-4 or any other provision of law, the sum of two million dollars ($2,000,000) appropriated to the Department of Health and Human Services, Division of Central Management and Support, for the health information exchange for the 2014-2015 fiscal year shall be nonrecurring. The Department shall not, under any circumstances, use any portion of this two million dollars ($2,000,000) in nonrecurring funds for any purpose not expressly authorized under section 12A.2 of S.L. 2014-100, as amended by this act. Any funds that are not expended or encumbered as of June 30, 2015, shall revert to the General Fund." Session Laws 2015-214, s. 3.1(a), provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "State agencies may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2015-241, s. 5.1A(a), provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "State agencies may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2015-241, s. 6.25(a), as amended by Session Laws 2016-94, s. 6.4, and as amended by Session Laws 2016-123, s. 2.3 provides: "Elimination of Certain Vacant Positions. - Notwithstanding G.S. 143C-6-4 , and except as otherwise provided in subsection (c) of this section, for each fiscal year of the 2015-2017 fiscal biennium, each State agency, in conjunction with the Office of State Budget and Management, shall do all of the following: "(1) Abolish all positions that have been vacant for more than 12 months as of April 17, 2015, and as of April 30, 2016, other than those positions required to exist as part of the State's maintenance of effort requirements related to a federal grant that cannot be addressed with other State funds, or for which the Director of the Budget provides an exception, in the Director's sole discretion. This requirement shall apply regardless of the source of funding for affected positions. "(2) Fund objects or line items in the certified budget for recurring obligations that have been funded from nonrecurring sources in two or more of the previous three fiscal years. The amount funded shall not exceed the average amount expended for each object or line item during the previous three fiscal years. "(3) Fund objects or line items in the following priority order if funds generated pursuant to subdivision (1) of this subsection are insufficient to adequately fund all of the objects and line items described in subdivision (2) of this subsection: "a. Fund legal obligations of the agency that have been funded with lapsed salaries in prior years. "b. Fund operational requirements directly related to the health, safety, or well-being of individuals in the care or custody of the State that have been funded with lapsed salaries in prior years. "c. Fund legal obligations of the agency or operational requirements directly related to the health, safety, or well-being of individuals in the care or custody of the State that have been funded with other nonrecurring sources in prior years. "d. Fund operational deficiencies where the obligation cannot be reduced and where no other source of funding exists and failure to fund will result in operational disruptions or unfunded liabilities at fiscal year-end. "(4) Adjust the appropriate objects or line items in the next recommended base budget submitted pursuant to G.S. 143C-3-5 to reflect the actions taken pursuant to this subsection." Session Laws 2015-241, s. 6.25(b), as amended by Session Laws 2016-94, s. 6.4, required OSBM to report no later than December 1, 2015, and December 1, 2016, to the Fiscal Research Division on the implementation of this section. Session Laws 2015-241, s. 8.37(a)-(c), as amended by Session Laws 2016-94, s. 8.30, and as amended by Session Laws 2016-126, 4th Ex. Sess., s. 28, provides: "(a) Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize the Department of Public Instruction, if necessary, to implement the budget reductions for the 2015-2017 fiscal biennium. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department of Public Instruction shall provide a current organization chart for the Department of Public Instruction in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization. "(b) In implementing budget reductions for the 2015-2017 fiscal biennium, the Department of Public Instruction shall make no reduction to funding or positions for (i) the North Carolina Center for Advancement of Teaching and (ii) the Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, except that the Superintendent of Public Instruction may, in its discretion, reduce positions at these institutions that have been vacant for more than 16 months. The Department of Public Instruction shall also make no reduction in funding to any of the following entities: "(1) Communities in Schools of North Carolina, Inc. "(2) Teach For America, Inc. "(3) Beginnings for Parents of Children who are Deaf or Hard of Hearing, Inc. "(c) In implementing budget reductions for the 2016-2017 fiscal year, the Department of Public Instruction shall do all of the following: "(1) In addition to the prohibition on a reduction to funding and positions for the items listed in subsection (b) of this section, the Department shall make no transfers from or reduction to funding or positions for the following: "a. The Excellent Public Schools Act, Read to Achieve Program, initially established under Section 7A.1 of S.L. 2012-142. "b. The North Carolina School Connectivity Program. "(2) The Department shall transfer the sum of fifty thousand dollars ($50,000) to the Office of Administrative Hearings to be allocated to the Rules Review Commission, created by G.S. 143B-30.1 , to pay for any litigation costs incurred in the defense of North Carolina State Board of Education v. The State of North Carolina and The Rules Review Commission, Wake County Superior Court, File No. 14 CVS 14791 (filed November 7, 2014). These funds shall not revert at the end of the 2016-2017 fiscal year but shall remain available during the 2017-2018 fiscal year for expenditure in accordance with the provisions of this subdivision." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 7.3, provides: "(a) Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management shall establish a general fund budget for the Department of Information Technology in Budget Code 14660 for the purpose of establishing the Department's operating budget. The Department's general fund budget shall include Information Technology Fund fund codes (27xx) from Budget Code 24667. The Office of State Budget and Management shall also establish a reserve in Budget Code 14660 for the transfer of Information Technology Reserve appropriations. The changes authorized by this section shall be completed by September 30, 2016, but are effective from July 1, 2016, and shall be reflected in the base budget for the 2017-2019 fiscal biennium. "(b) The general fund budget for the Department of Information Technology established pursuant to this section shall include nonrate-based information technology expenditures, as appropriate, from participating agencies and from exempt agencies that have elected to participate with the Department pursuant to Part 1 of Article 15 of Chapter 143B of the General Statutes prior to the submission of the Governor's proposed budget for the 2019-2021 fiscal biennium. Adjustments made pursuant to this requirement shall be made with consideration of the effect those changes may have on the State's ability to draw down federal receipts and utilize non-net appropriation funding sources for information technology projects. "(c) It is the intent of the General Assembly to appropriate funds during the 2017 Regular Session for the Department of Information Technology internal service fund overhead costs upon removal of agency costs from the service rate structure, thereby eliminating the use of a subscription fee to agencies." Session Laws 2016-94, s. 7.8(a)-(d), provides: "(a) Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management, after coordination with the Department of Information Technology, the Department of Environmental Quality, the Department of Natural and Cultural Resources, and the Fiscal Research Division, may adjust information technology budgets, as appropriate, within the Department of Natural and Cultural Resources and the Department of Environmental Quality. "(b) Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management, after coordination with the Department of Information Technology, the Department of Military and Veterans Affairs, the Department of Administration, and the Fiscal Research Division, may adjust information technology budgets, as appropriate, within the Department of Military and Veterans Affairs and the Department of Administration. "(c) All information technology budget adjustments authorized by this section shall be completed by December 1, 2016, and shall be reflected in the base budget for the 2017-2019 fiscal biennium. Adjustments may be made only for the information technology budgets of the Department of Environmental Quality and the Department of Natural and Cultural Resources, and the Department of Military and Veterans Affairs and the Department of Administration, respectively, for the purposes stated in this section. "(d) The Office of State Budget and Management shall report any adjustments made pursuant to this section to the Joint Legislative Oversight Committee on Information Technology, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Joint Legislative Oversight Committee on General Government, and the Fiscal Research Division on or before January 15, 2017." Session Laws 2016-94, s. 14.9(a), (b), provides: "(a) The Division of Marine Fisheries of the Department of Environmental Quality may sell the following aircraft and water vessels from its fleet as expeditiously as possible in order to modernize the fleet: "(1) 1999 48' Sea Ark - patrol vessel 'Roanoke.' "(2) 1995 Husky airplane. "(3) 1998 25' Parker boat hull with trailer. "(4) 1993 18' Parker boat with engine and trailer. "Notwithstanding G.S. 143C-6-4 or any other provision of law, the Division may spend funds received from the sales of the equipment identified in this subsection for future equipment acquisitions to support the enforcement efforts of the Marine Patrol. The sales proceeds are appropriated for that purpose and shall be incorporated into the authorized budget of the Division. "(b) The Division shall report to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on the proceeds of the dispositions authorized by this section and the Division's plans for use of the proceeds." Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 5.2(a), provides: "Notwithstanding G.S. 143C-6-4 , State agencies may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. State agencies shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "State agencies may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2017-57, s. 7.7(a)-(c), as amended by Session Laws 2018-5, s. 7.5, as amended by Session Laws 2018-97, s. 2.5, provides: "(a) Notwithstanding G.S. 143C-6-4 , the Department of Public Instruction may, after consultation with the Office of State Budget and Management and the Fiscal Research Division, reorganize the Department, realign fund structures, or both, if necessary, to implement (i) the budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department. Consultation shall occur prior to requesting budgetary and personnel changes through the budget revision process. The Department of Public Instruction shall provide (i) a current organization chart and a list of affected funds and (ii) the proposed organization chart and a list of affected funds clearly identifying the changes for the Department in the consultation process and shall report to the Joint Legislative Commission on Governmental Operations on any reorganization, including any movement of positions and funds between fund codes on a recurring basis. "(b) In implementing (i) budget reductions for the 2017-2019 fiscal biennium, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction, the Department of Public Instruction shall make no reduction to funding (i) for the State Public School Fund, including for the following residential schools: Eastern North Carolina School for the Deaf, the North Carolina School for the Deaf, and the Governor Morehead School, and (ii) for any budget expansion item funded by an appropriation to the Department of Public Instruction by this act for the 2017-2019 fiscal biennium. The Department shall also make no transfers from or reduction to funding or positions for any of the following: "(1) Communities in Schools of North Carolina, Inc. "(2) Teach For America, Inc. "(3) Beginnings for Parents of Children Who are Deaf or Hard of Hearing, Inc. "(4) The Excellent Public Schools Act, Read to Achieve Program, initially established under Section 7A.1 of S.L. 2012-142. "(5) The North Carolina School Connectivity Program. "(6) The North Carolina Center for the Advancement of Teaching. "(7) The North Carolina Innovative School District. "(8) Eastern North Carolina STEM. "(9) Positions appointed by and with a direct report to the State Superintendent of Public Instruction, including those positions described in Section 7.10 of this act. "(b1) For the 2018-2019 fiscal year, the Department of Public Instruction shall also make no transfers from or reduction to funding or positions for the Office of Charter Schools in implementing (i) budget reductions for the 2018-2019 fiscal year, (ii) recommendations resulting from the audit required pursuant to Section 7.23L of this act, or (iii) other changes necessary to improve the efficiency of the Department of Public Instruction. "(c) In addition, when implementing budget reductions for the 2018-2019 fiscal year, the Department of Public Instruction may use up to three million dollars ($3,000,000) of funds appropriated to Fund Code 1800 to cover costs, including severance payments and contract renegotiations, associated with the reductions required by this act." Session Laws 2017-57, s. 13.14(a), (b), provides: "(a) The Division of Marine Fisheries of the Department of Environmental Quality may sell the following equipment and vessels from its fleet in order to modernize the fleet: "(1) 1991 Lull telehandler. "(2) 1984 LRT-100 crane. "(3) 1999 Hudson Brothers lowboy trailer. "(4) 1970s-era 135' M/V West Bay vessel. "Notwithstanding G.S. 143C-6-4 or any other provision of law, the Division may spend funds received from the sales authorized by this subsection for future equipment acquisitions to support the Shellfish Rehabilitation and Habitat Enhancement Programs. The sales proceeds are appropriated for that purpose and shall be incorporated into the authorized budget of the Division. "(b) The Division shall report to the Fiscal Research Division and the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on the proceeds of the sales authorized by this section and the Division's plan for use of the proceeds." Session Laws 2017-57, s. 14.7, provides: "Notwithstanding G.S. 143C-6-4 , the Office of State Budget and Management, after coordination with the Department of Natural and Cultural Resources and the Fiscal Research Division, shall adjust personal services line items, as appropriate, within the Division of Parks and Recreation, the North Carolina Aquariums, and the North Carolina Zoological Park within the Department of Natural and Cultural Resources to correct errors in the base budget. The line item adjustments shall be corrected as part of the 2017-2019 biennial budget certification process. The Department shall make corresponding adjustments in the BEACON system to reflect the updated source of funds as necessary." Session Laws 2017-209, s. 20(a), (b) provides: "(a) The General Assembly finds that the discharge of the poly-fluoroalkyl chemical known as "GenX" (CAS registry number 62037-80-3 or 13252-13-6) into the Cape Fear River demonstrates the need for supplemental funding for impacted local public utilities for the monitoring and treatment of GenX and to support the identification and characterization by scientists, engineers, and other professionals of GenX in the Cape Fear River. "Therefore, notwithstanding Section 6.1 of S.L. 2017-57, G.S. 143C-4-4 , and G.S. 143C-6-4 , of the funds appropriated to the Contingency and Emergency Fund, the sum of four hundred thirty-five thousand dollars ($435,000) shall be allocated and used as follows: "(1) One hundred thousand dollars ($100,000) to the Cape Fear Public Utility Authority, who shall, in coordination with Brunswick County Public Utilities, Pender County Utilities, and other entities that withdraw, treat, and subsequently distribute water originating from the Cape Fear River, study the identification and deployment of water treatment technology to remove GenX from the public water supply, and eighty-five thousand dollars ($85,000) to the Cape Fear Public Utility Authority for ongoing monitoring of water supplies withdrawn from the Cape Fear River. The Cape Fear Public Utility Authority shall provide an interim report to the Environmental Review Commission no later than December 1, 2017, regarding the progress in implementing this section, and a final report on or before April 1, 2018, to include any findings and recommendations for legislative action. "(2) Two hundred fifty thousand dollars ($250,000) to the University of North Carolina at Wilmington to identify and quantify GenX and measure the concentration of the chemicals in the sediments of the Cape Fear River, the extent to which the chemical biodegrades over time or bioaccumulates within local ecosystems, and what risk the contaminant poses to human health. The University of North Carolina at Wilmington shall not charge indirect facilities and administrative costs against the funding provided by this subdivision. The University of North Carolina at Wilmington shall provide an interim report to the Environmental Review Commission no later than December 1, 2017, regarding the progress in implementing this section, and a final report on or before April 1, 2018, to include any findings and recommendations for legislative action. "(b) Funds allocated by this section for the 2017-2018 fiscal year shall not revert but shall remain available for nonrecurring expenses until the end of the 2018-2019 fiscal year. The entities funded by this section may establish time-limited positions for the biennium with the funds allocated by this section." 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. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 5.6(e), provides: "Limitation. - The Governor may not use the funds described in this section to make budget adjustments under G.S. 143C-6-4 or to make reallocations under G.S. 166A-19.40(c) . Nothing in this section shall be construed to prohibit the Governor from exercising the Governor's authority under these statutes with respect to funds other than those described in this section. "The Governor shall also ensure that funds allocated in subdivisions (1), (3), (4), and (5) and sub-subdivision c. of subdivision (2) of subsection (b) of this section are expended in a manner that does not adversely affect any person's or entity's eligibility for federal funds that are made available, or that are anticipated to be made available, as a result of Hurricane Matthew, the western North Carolina wildfires, or Tropical Storms Julia and Hermine. The Governor shall also, to the extent practicable, avoid using State funds to cover costs that will be, or likely will be, covered by federal funds." 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 2019-231, s. 1.3(a), provides: "Notwithstanding G.S. 143C-6-4 , the Department of Transportation may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. The Department of Transportation shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "The Department of Transportation may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2019-231, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium." Session Laws 2019-231, s. 5.5, is a severability clause. Session Laws 2019-235, s. 1.4(a)-(c), provides: "(a) Notwithstanding G.S. 143C-6-4 , the Community Colleges System Office may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this act for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. The Community Colleges System Office shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "The Community Colleges System Office may spend all other funds from grants awarded after the enactment of this act only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations. "(b) The Office of State Budget and Management shall work with the Community Colleges System Office to budget grant awards according to the annual program needs and within the parameters of the respective granting entities. Depending on the nature of the award, additional State personnel may be employed on a time-limited basis. Funds received from such grants are hereby appropriated and shall be incorporated into the authorized budget of the Community College System. "(c) Notwithstanding the provisions of this section, the Community Colleges System Office may not accept a grant not anticipated in this act if acceptance of the grant would obligate the State to make future expenditures relating to the program receiving the grant or would otherwise result in a financial obligation as a consequence of accepting the grant funds." Session Laws 2019-235, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium." Session Laws 2019-235, s. 5.5, is a severability clause. Session Laws 2019-239, s. 5.3(a)-(c), provides: "(a) State funds, as defined in G.S. 143C-1-1(d)(25) , are appropriated for each fiscal year of the 2019-2021 fiscal biennium, as follows: "(1) All budget codes listed in the Governor's Recommended Budget and in the Budget Support Document for State Board of Elections for the 2019-2021 fiscal biennium submitted pursuant to G.S. 143C-3-5 are appropriated up to the amounts specified, as adjusted by the General Assembly in this act. "(2) Departmental receipts up to the amounts needed to implement the legislatively mandated salary increases and employee benefit increases provided in this Part for each fiscal year of the 2019-2021 fiscal biennium. "(b) Receipts collected in a fiscal year in excess of the amounts appropriated by this section shall remain unexpended and unencumbered until appropriated by the General Assembly, unless the expenditure of overrealized receipts in the fiscal year in which the receipts were collected is authorized by G.S. 143C-6-4 . Overrealized receipts are appropriated in the amounts necessary to implement this subsection. "(c) Funds may be expended only for the specified programs, purposes, objects, and line items or as otherwise authorized by the General Assembly." Session Laws 2019-239, s. 5.4(a), provides: "Notwithstanding G.S. 143C-6-4 , the State Board of Elections may, with approval of the Director of the Budget, spend funds received from grants awarded subsequent to the enactment of this Part for grant awards that are for less than two million five hundred thousand dollars ($2,500,000), do not require State matching funds, and will not be used for a capital project. The State Board of Elections shall report to the Joint Legislative Commission on Governmental Operations within 30 days of receipt of such funds. "The State Board of Elections may spend all other funds from grants awarded after the enactment of this Part only with approval of the Director of the Budget and after consultation with the Joint Legislative Commission on Governmental Operations." Session Laws 2019-239, s. 5.12, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this Part apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium." Session Laws 2019-239, s. 5.14, is a severability clause. Effect of Amendments. - Session Laws 2007-117, s. 4, effective July 1, 2007, added subsection (h). Session Laws 2009-281, s. 1, effective July 10, 2009, substituted "National Guard" for "national guard" in subdivision (b)(2)c. Session Laws 2011-183, s. 127(c), effective June 20, 2011, inserted "North Carolina" in subdivision (b)(2)c. Session Laws 2012-12, s. 2(x), effective October 1, 2012, substituted "G.S. 166A-19.40(a) of the North Carolina Emergency Management Act" for "G.S. 166A-5(1)a.9. of the Emergency Management Act" in subdivision (b)(2)b. Session Laws 2013-360, s. 6.12(n), effective July 1, 2013, in subsection (a), substituted "events; therefore, under the" for "events. Under," "is authorized to" for "may," and deleted the last sentence, which formerly read "Under no circumstance, however, shall total General Fund expenditures for a State department exceed the amount appropriated to that department from the General Fund for the fiscal year"; in subsection (b), rewrote the subsection heading, which formerly read "Adjustments to the Certified Budget," substituted "appropriated" for "authorized," and added "by adjusting the authorized budget"; added the subdivision headings to subdivisions (b)(1) through (b)(3); rewrote subdivision (b)(3); and added subsections (b1) and (b2). Session Laws 2017-102, s. 26, effective July 12, 2017, substituted "G.S. 166A-19.40(a)(1) and (c)" for "G.S. 166A-19.40(a)" in subdivision (b)(2)b.