GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 709

Short Title:  Recovery of Discretionary Funds.	(Public)

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Sponsors: Senators Webster; Carpenter, Carrington, Clark, East, Forrester, Foxx, Garwood, Hartsell, Ledbetter, McDaniel, and Rucho.

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Referred to:  Appropriations.

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April 7, 1997

A BILL TO BE ENTITLED
AN ACT TO RECOVER ALL DISCRETIONARY FUNDS AND TO URGE ORGANIZATIONS SEEKING FINANCIAL ASSISTANCE FROM THE STATE TO APPLY FOR GRANTS-IN-AID.
Whereas, secret discretionary spending of funds from the 1996-97 fiscal year has only recently come to the attention of all members of the North Carolina General Assembly; and
Whereas, the General Assembly did not approve the distribution of discretionary funds in the manner in which it occurred; and
Whereas, this secret distribution of taxpayer dollars from the State treasury is unfair to worthy groups that seek assistance through a competitive grant process or through a specific appropriation in an act of the General Assembly; and
Whereas, this distribution  of funds may be in violation of G.S. 143-15.3A and G.S. 143-16.3 and is in violation of Section 6.6 of Chapter 324 of the 1995 Session Laws; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  The Attorney General with the assistance of the Office of State Budget and Management shall, except as prohibited by the North Carolina Constitution or the United States Constitution, recover all funds that have been distributed pursuant to:
(1)	Section 5.3(a) of Chapter 18 of the Session Laws of the Second Extra 1996 Session of the General Assembly to local governments and to private nonprofit corporations from the Reserve for Repairs and Renovations;
(2)	Section 5.3(b) of Chapter 18 of the Session Laws of the Second Extra 1996 Session of the General Assembly; and
(3)	Section 23.11E of Chapter 507 of the 1995 Session Laws.