North Carolina HB 235: Prison Bond Funds.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 550
HOUSE BILL 235

AN ACT TO APPROPRIATE THE BALANCE OF THE FUNDS FROM THE
PROCEEDS OF THE TWO HUNDRED MILLION DOLLARS IN GENERAL
OBLIGATION BONDS AUTHORIZED FOR THE CONSTRUCTION OF STATE
PRISON AND YOUTH SERVICES FACILITIES, AND TO PROVIDE FOR THE
USE OF INMATES IN PRISON CONSTRUCTION.

The General Assembly of North Carolina enacts:

Section 1. General Purposes. The appropriations hereby made by the 1993
General Assembly for capital improvements from the proceeds of the two hundred
million dollar ($200,000,000) State of North Carolina Prison and Youth Services
Facilities Bonds authorized by Chapter 935 of the 1989 Session Laws (the "Bond Act")
and approved by the qualified voters of the State who voted thereon on November 6,
1990, as said bonds may be issued from time to time (the "bonds"), are for the purposes
of financing the cost of eighty-seven million five hundred thousand dollars
($87,500,000) of State prison facilities and youth services facilities, including, without
limitation, the cost of constructing capital facilities, renovating or reconstructing
existing facilities, acquiring equipment related thereto, purchasing land, paying costs of
issuance of bonds and notes, and paying contractual services necessary for the partial
implementation of the purposes of the Bond Act, all as defined in and authorized by the
Bond Act and as more particularly described in this act.
Sec. 2. Appropriation Procedures. The appropriations hereby made by the
1993 General Assembly for the purposes under the Bond Act shall be disbursed for the
particular projects authorized by this act. Expenditure of funds shall not be made by
any State department, institution, or agency, until an allotment has been approved by the
Governor as Director of the Budget. The allotment shall be approved only after full
compliance with the Executive Budget Act, Article 1 of Chapter 143 of the General
Statutes.
Where direct capital improvement appropriations include furnishing fixed and
movable equipment for any project, funds for equipment shall not be subject to transfer
into construction accounts except as authorized by the Director of the Budget. The
expenditure of funds for fixed and movable equipment and furnishings shall be
reviewed and approved by the Director of the Budget prior to commitment of funds.
Capital improvement projects authorized by this act shall be completed,
including fixed and movable equipment and furnishings, within the limits of the
amounts of the appropriations provided, except as otherwise provided in this act.

Page 2 S.L. 1993-550 House Bill 235
Sec. 3. Descriptions, Custodial Levels, Beds, Projected Allocations.
Appropriations are made from bond proceeds for use by the Department of Correction
to provide for capital improvement projects as herein provided.
The proceeds of bonds and notes shall be expended for paying the cost, as
defined in the Bond Act, of prison facilities, to the extent and as provided in this act and
subject to change as herein provided, for the following projects:

Project Description Custodial Additional Beds/
Level Standard Operating Capacity
NEW FACILITIES
Eastern Processing Center
at Vanceboro - Planning
and Design Medium -
Hyde Correctional Center Medium 520
Polk Replacement Medium 228
East Work Facility Minimum 500
West Work Facility Minimum 500
Boot Camp - West Minimum 90

FACILITY EXPANSIONS
Franklin Medium 104
Harnett Medium 104
Johnston Medium 104
Lumberton Medium 104
Morrison Medium 208
NCCIW Medium 50
Bladen Minimum 100
Caldwell Minimum 50
Carteret Minimum 100
Cherry Minimum 100
Davidson Minimum 50
Fountain Minimum 100
Greene Minimum 50
Pasquotank Minimum 200
Robeson Minimum 50
Rowan Minimum 50
Rutherford Minimum 50
Sanford Minimum 50
Umstead Minimum 100
Wake Minimum 100
Wilkes Minimum 50
3,712
Subtotal $85,059,948

House Bill 235 S.L. 1993-550 Page 3
Contingencies 2,440,052
TOTAL $87,500,000

Sec. 4. Increases in Allocations for Projects. Allocations made for projects
may be increased to reflect the availability of other funds, including, without limitation,
contingency funds, income earned on the investment of bond and note proceeds, and the
proceeds of any grants.
Sec. 5. Contingency Funds. The amount allocated for contingencies set
forth above shall be placed by the State Treasurer in a special account in the State
Prison and Youth Services Facilities Bond Fund to be designated the "State Prison and
Youth Services Facilities Contingency Account". The funds in the State Prison and
Youth Services Facilities Contingency Account shall be disbursed in accordance with
the procedures herein established for disbursements from the State Prison and Youth
Services Facilities Bond Fund. The funds in the State Prison and Youth Services
Facilities Contingency Account shall be expended for paying the cost of projects,
including, without limitation, the costs of issuance of bonds and notes, increased project
costs resulting from con