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

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

(a)        Findings. – TheGeneral Assembly recognizes that even the most thorough budget deliberationsmay be affected by unforeseeable events. Under limited circumstances set forthin this section, the Director may adjust the enacted budget by making transfersamong lines of expenditure, purposes, or programs or by increasing expendituresfunded by departmental receipts. Under no circumstances, however, shall totalGeneral Fund expenditures for a State department exceed the amount appropriatedto that department from the General Fund for the fiscal year.

(b)        Adjustments to theCertified Budget. – Notwithstanding the provisions of G.S. 143C‑6‑1,a State agency may, with approval of the Director of the Budget, spend more thanwas authorized in the certified budget for all of the following:

(1)        An object or lineitem within a purpose or program so long as the total amount expended for thepurpose or program is no more than was authorized in the certified budget forthe purpose or program.

(2)        A purpose or programif the overexpenditure of the purpose or program is:

a.         Required by a courtor Industrial Commission order;

b.         Authorized underG.S. 166A‑5(1)a.9. of the Emergency Management Act; or

c.         Required to call outthe National Guard.

(3)        A purpose or programnot subject to the provisions of subdivision (b)(2) of this subsection, butonly in accord with the following restrictions: (i) the overexpenditure isrequired to continue the purpose or programs due to complications or changes incircumstances that could not have been foreseen when the budget for the fiscalperiod was enacted, (ii) the scope of the purpose or program is not increased,(iii) the overexpenditure is authorized on a nonrecurring basis, and (iv) underno circumstances shall the total requirements for a State department exceed thedepartment's certified budget for the fiscal year by more than three percent(3%) without prior consultation with the Joint Legislative Commission onGovernmental Operations.

(c)        OverexpendituresReported. – The Director shall report quarterly, beginning October 31, to theJoint Legislative Commission on Governmental Operations on overexpendituresapproved by the Director under subdivisions (2) and (3) of subsection (b) ofthis section.

(d)        Overexpenditures inSenate Budget. – The President Pro Tempore of the Senate may approveexpenditures for more than was authorized in the enacted budget for objects orline items in the budget of the Senate.

(e)        Overexpenditures inHouse of Representatives Budget. – The Speaker of the House of Representativesmay approve expenditures for more than was authorized in the enacted budgetobjects or line items in the budget of the House of Representatives.

(f)         Transfers BetweenLine Items or Programs in General Assembly Budget Other Than Senate and Houseof Representatives. – Expenditures exceeding amounts authorized for programs,objects, or line items in the budget of the General Assembly other than thoseof the Senate and House of Representatives shall be approved jointly by thePresident Pro Tempore of the Senate and the Speaker of the House ofRepresentatives.

(g)        Transfers in TheUniversity of North Carolina Budget. – Transfers or changes within the budgetof The University of North Carolina may be made as provided in Article 1 ofChapter 116 of the General Statutes.

(h)        Transfers Withinthe Office of the Governor. – Transfers or changes as between objects or lineitems in the budget of the Office of the Governor may be made by the Governor.  (2006‑203, s. 3; 2007‑117,s. 4; 2009‑281, s. 1.)