2005 North Carolina Code - General Statutes Article 6 - Special Provisions.

Article 6.

Special Provisions.

Part 1. Camp Butner and Community of Butner.

§ 122C‑401.  Use of Camp Butner Hospital authorized.

The State may use the Camp Butner Hospital, including buildings, equipment, and land necessary for the operation of modern up‑to‑date facilities for the care and treatment of citizens of this State. (1947, c. 789, s. 2; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)

 

§ 122C‑402.  Application of State highway and motor vehicle laws at State institutions on Camp Butner reservation.

The provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State and the operation of motor vehicles thereon are made applicable to the streets, alleys, and driveways on the Camp Butner reservation that are on the grounds of any State facility or any State institution operated by the Department or by the Department of Correction. Any person violating any of the provisions of Chapter 20 of the General Statutes in or on these streets, alleys, or driveways shall upon conviction be punished as prescribed in that Chapter. This section does not interfere with the ownership and control of the streets, alleys, and driveways on the grounds as is now vested by law in the Department. (1949, c. 71, s. 2; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)

 

§ 122C‑403.  (See Editor's note) Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation. In performing this duty, the Secretary has the powers listed below.  In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary.  The Secretary may:

(1)       Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes.

(2)       Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes.

(3)       Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3A, 3B, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article.  In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385, and 160A‑386 do not apply. The Secretary may appoint the Butner Planning Council to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation.  When acting as a Board of Adjustment, the Butner Planning Council shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A‑388.

(4)       Establish one or more planning agencies in accordance with the power granted in G.S. 160A‑361 or designate the Butner Planning Council as the planning agency for the reservation.

(5)       Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes.

(6)       Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)       Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160A of the General Statutes.

(8)       Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A‑458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes.

(9)       Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Butner Town Manager who shall be hired upon the recommendation of the Butner Planning Council and shall be assigned to the Office of the Secretary of Health and Human Services.  The Butner Planning Council shall submit the names of three candidates for the position of Butner Town Manager to the Secretary of Health and Human Services and the Secretary shall select one of the candidates.  The candidates shall meet the qualifications set by the State Personnel Commission for the position.  The Butner Town Manager shall serve at the pleasure of the Secretary.  The Secretary shall, through the Butner Town Manager, provide all necessary administrative assistance to the council in carrying out its duties.

(10)     Adopt rules to carry out the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59, s. 5; 1997‑443, s. 11A.118(a).)

 

§ 122C‑403.  (See Editor's note) Secretary's authority over Camp Butner reservation.

The Secretary shall administer the Camp Butner reservation. In performing this duty, the Secretary has the powers listed below. In exercising these powers the Secretary has the same authority and is subject to the same restrictions that the governing body of a city would have and would be subject to if the reservation was a city, unless this section provides to the contrary. The Secretary may:

(1)       Regulate airports on the reservation in accordance with the powers granted in Article 4 of Chapter 63 of the General Statutes.

(2)       Take actions in accordance with the general police power granted in Article 8 of Chapter 160A of the General Statutes.

(3)       Regulate the development of the reservation in accordance with the powers granted in Article 19, Parts 2, 3, 3C, 5, 6, and 7, of Chapter 160A of the General Statutes. The Secretary may not, however, grant a special use permit, a conditional use permit, or a special exception under Part 3 of that Article. In addition, the Secretary is not required to notify landowners of zoning classification actions under G.S. 160A‑384, and the protest petition requirements in G.S. 160A‑385, and 160A‑386 do not apply. The Secretary may designate the Butner Advisory Council to act like a Board of Adjustment to make recommendations to the Secretary concerning implementation of plans for the development of the reservation. When acting as a Board of Adjustment, the Butner Advisory Council shall be subject to subsections (b), (c), (d), (f), and (g) of G.S. 160A‑388.

(4)       Establish one or more planning agencies in accordance with the power granted in G.S. 160A‑361 or designate the Butner Planning Council as the planning agency for the reservation.

(5)       Regulate streets, traffic, and parking on the reservation in accordance with the powers granted in Article 15 of Chapter 160A of the General Statutes.

(6)       Control erosion and sedimentation on the reservation in accordance with the powers granted in G.S. 160A‑458 and Article 4 of Chapter 113A of the General Statutes.

(7)       Contract with and undertake agreements with units of local government in accordance with the powers granted in G.S. 160A‑413 and Article 20, Part 1, of Chapter 160A of the General Statutes.

(8)       Regulate floodways on the reservation in accordance with the powers granted in G.S. 160A‑458.1 and Article 21, Part 6, of Chapter 143 of the General Statutes.

(8a)     Act on resolutions adopted by the council pursuant to G.S. 122C‑413.1(a). If the Secretary approves the resolution, it shall be carried out by the Butner Town Manager. The Secretary shall have no more than 30 days during which to disapprove any recommendation of the council contained in the resolution. Any disapproval shall be in writing, stating the reasons for the disapproval, and shall be returned to the council. If the Secretary does not disapprove a recommendation of the council within the prescribed period, the recommendation shall be deemed approved by the Secretary and shall be carried out by the Butner Town Manager.

(9)       Assign duties given by the statutes listed in the preceding subdivisions to a local official to the Butner Town Manager.

(9a)     Select the Butner Town Manager from the candidates submitted by the council pursuant to G.S. 122C‑413.1(b). The Butner Town Manager shall serve at the pleasure of the Secretary. The Secretary shall, through the Butner Town Manager, provide all necessary administrative assistance to the council in carrying out its duties.

(10)     Adopt rules to carry out the purposes of this Article. (1949, c. 71, s. 3; 1955, c. 887, s. 1; 1959, c. 1028, s. 4; 1963, c. 1166, s. 10; 1965, c. 933; 1973, c. 476, s. 133; 1985, c. 589, s. 2; 1987, c. 536, s. 2; 1995 (Reg. Sess., 1996), c. 667, s. 3; 1997‑59, s. 5; 1997‑443, s. 11A.118(a); 1999‑140, s. 4.)

 

§ 122C‑404:  Repealed by Session Laws 1995 (Regular Session, 1996), c.  667, s. 4.

 

§ 122C‑405.  (See Editor's note) Procedure applicable to rules.

Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same subject, shall be subject to review in the manner provided for a city ordinance adopted on the same subject, and shall be enforceable in accordance with the procedures for enforcing a city ordinance on the same subject. Violation of a rule adopted under this Article is punishable as provided in G.S. 122C‑406.

Rules adopted under this Article may apply to part or all of the Camp Butner reservation. If a public hearing is required before the adoption of a rule, the Butner Planning Council shall conduct the hearing. (1949, c. 71, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1981, c. 614, s. 6; 1985, c. 589, s. 2; 1987, c. 536, s. 4; c. 720, s. 3; 1995 (Reg. Sess., 1996), c. 667, s. 5; 1997‑59, s. 6.)

 

§ 122C‑405.  (See Editor's note) Procedure applicable to rules.

Rules adopted by the Secretary under this Article shall be adopted in accordance with the procedures for adopting a city ordinance on the same subject, shall be subject to review in the manner provided for a city ordinance adopted on the same subject, and shall be enforceable in accordance with the procedures for enforcing a city ordinance on the same subject. Violation of a rule adopted under this Article is punishable as provided in G.S. 122C‑406.

Rules adopted under this Article may apply to part or all of the Camp Butner reservation. If a public hearing is required before the adoption of a rule, the Butner Advisory Council shall conduct the hearing. (1949, c. 71, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1981, c. 614, s. 6; 1985, c. 589, s. 2; 1987, c. 536, s. 4; c. 720, s. 3; 1995 (Reg. Sess., 1996), c. 667, s. 5; 1997‑59, s. 6; 1999‑140, s. 5.)

 

§ 122C‑406.  Violations made misdemeanor.

A person who violates an ordinance or rule adopted under this Part is guilty of a Class 3 misdemeanor. (1949, c. 71, s. 5; 1985, c. 589, s. 2; 1993, c. 539, s. 927; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 122C‑407.  Water and sewer system.

(a)       The Department may acquire, construct, establish, enlarge, maintain, operate, and contract for the operation of a water supply and distribution system and a sewage collection and disposal system for the Camp Butner reservation.

(b)       These water and sewer systems may be operated for the benefit of persons and property within the Camp Butner reservation and areas outside the reservation within reasonable limitations specifically including any sanitary district or city in Durham or Granville Counties.

(c)       The Secretary may fix and enforce water and sewer rates and charges in accordance with G.S. 160A‑314 as if it were a city. (1985, c. 589, s. 2.)

 

§ 122C‑408.  Butner Public Safety Division of the Department of Crime Control and Public Safety; jurisdiction; fire and police district.

(a)       The Secretary of Crime Control and Public Safety may employ special police officers for the territory of the Butner Advisory Council Jurisdiction. The territorial jurisdiction of these special police officers shall be the Butner Advisory Council Jurisdiction, as defined in G.S. 122C‑413(a). The Secretary of Crime Control and Public Safety may organize these special police officers into a public safety department for that territory and may establish it as a division within that principal department as permitted by Chapter 143B of the General Statutes.

(b)       After taking the oath of office required for law‑enforcement officers, the special police officers authorized by this section shall have the authority of deputy sheriffs of Durham and Granville Counties in those counties respectively. Within the territorial jurisdiction stated in subsection (a) of this section, the special police officers have the primary responsibility to enforce the laws of North Carolina and any rule applicable to that territory adopted under authority of this Part or under G.S. 143‑116.6 or G.S. 143‑116.7 or under the authority granted any other agency of the State and also have the powers set forth for firemen in Articles 80, 82 and 83 of Chapter 58 of the General Statutes. Any civil or criminal process to be served on any individual confined at any State facility within the territorial jurisdiction described in subsection (a) of this section shall be forwarded by the sheriff of the county in which the process originated to the Director of the Butner Public Safety Division. Special police officers authorized by this section shall be assigned to transport any individual transferred to or from any State facility within the territorial jurisdiction described in subsection (a) of this section to or from the psychiatric service of the University of North Carolina Hospitals at Chapel Hill. (1949, c. 71, s. 6; 1955, c. 887, s. 1; 1959, c. 35; c. 1028, s. 4; 1963, c. 1166, s. 10; 1973, c. 476, s. 133; 1981, c. 491, s. 1; c. 964, s. 19; c. 1127, s. 49; 1983, c. 761, s. 165; 1985, c. 589, s. 2; 1987, c. 827, s. 246; 1989, c. 141, s. 16; 2003‑346, s. 2.)

 

§ 122C‑409.  Community of Butner comprehensive emergency management plan.

The Department of Crime Control and Public Safety shall establish an emergency management agency as defined in G.S. 166A‑4(2) for the Community of Butner and the Camp Butner reservation. (1985, c. 589, s. 2.)

 

§ 122C‑410.  Authority of county or city over Camp Butner reservation.

(a)       A municipality may not annex territory extending into or extend its extraterritorial jurisdiction into the Camp Butner reservation without written approval from the Secretary of each proposed annexation or extension.  The procedures, if any, for withdrawing approval granted by the Secretary to an annexation or extension of extraterritorial jurisdiction shall be stated in the notice of approval.

(b)       A county ordinance may apply in part or all of the Camp Butner reservation if the Secretary gives written approval of the ordinance.  The Secretary may withdraw his approval of a county ordinance by giving written notification, by certified mail, return receipt requested, to the county.  A county ordinance ceases to be effective in the Camp Butner reservation 30 days after the county receives the written notice of the withdrawal of approval. (1987, c. 536, s. 5.)

 

§ 122C‑411.  Fire protection contracts.

The Department of Crime Control and Public Safety may contract with industries in the vicinity of Butner to provide fire protection to those industries.  Those contracts shall provide for a payment by any contracting industry calculated on the basis of twenty cents (20¢) per one hundred dollars ($100.00) of assessed valuation. (1987, c. 845.)

 

§ 122C‑411.1:  Repealed by Session Laws 1996, Second Extra Session, c.  18, s. 21.4.

 

Part 1A.  Butner Planning Council.

§ 122C‑412.  Repealed.

 

§ 122C‑412.1.  Repealed.

 

§ 122C‑412.2.  Repealed.

 

Part 1B. Butner Advisory Council.

§ 122C‑413.  Butner Advisory Council; created.

(a)       There is created a Butner Advisory Council to consist of seven members, to be elected by the residents of the Butner Advisory Council Jurisdiction. The Butner Advisory Council Jurisdiction shall consist of the property shown on a map produced May 20, 2003, by the Information Systems Division of the North Carolina General Assembly and kept on file in the office of the Butner Town Manager and in the office of the Granville County Board of Elections. The Butner Advisory Council shall be elected at a nonpartisan election pursuant to G.S. 163‑292 administered by the Granville County Board of Elections to be held in the first odd‑numbered year after preclearance under section 5 of the Voting Rights Act of 1965 is obtained. The Granville County Board of Elections may change the dates of the candidate‑filing period for the first election if preclearance is not obtained before the statutory filing period begins.

(a1)     Any resident of Butner who is also a resident of Durham County shall vote, as if the voter were a Granville County resident, in any Butner election at a location in the Granville County portion of Butner designated by the Granville County Board of Elections or by absentee ballot if absentee voting is authorized by the Secretary. As soon as possible after the close of registration for the election, the Durham County Board of Elections shall send the Granville County Board of Elections any information necessary to conduct the election, including all of the following:

(1)       A set of mailing labels for all registered voters in Durham County who are eligible to vote in the Butner election.

(2)       A list of all registered voters in Durham County who are eligible to vote in the Butner election.

(3)       An official precinct roster to be used by the Granville County Board of Elections to verify the eligibility to vote of persons presenting themselves to vote in the election.

The Granville County Board of Elections shall mark on the official roster provided by Durham County all those voters who vote in the election. Promptly after the election, the Granville County Board of Elections shall return the roster to the Durham County Board of Elections so it can update voter history for the Butner voters who are residents of Durham County.

(b)       All members of the Butner Advisory Council shall be elected at large in one multiseat race, and the election shall be held in accordance with all applicable federal and State constitutional and statutory provisions, including the Voting Rights Act of 1965. For the purpose of elections under this Part, the jurisdiction shall be considered a city under Chapters 160A and 163 of the General Statutes, with the Secretary, advised by the Advisory Council, acting as the governing body of the city. Part 4 of Article 5 of Chapter 160A of the General Statutes does not apply to Butner. In accordance with North Carolina law, a candidate for the Butner Advisory Council must be a registered voter and a resident of the Butner Advisory Council Jurisdiction, as shown on a map produced May 20, 2003, by the Information Systems Division of the North Carolina General Assembly and kept on file in the office of the Butner Town Manager and in the office of the Granville County Board of Elections.

(c)       The candidates for the Butner Advisory Council shall file their notices of candidacy and any required campaign finance report with the Granville County Board of Elections, regardless of whether they live in the Granville or Durham County portion of the jurisdiction. The Secretary, with the advice of the Advisory Council, shall determine whether to authorize absentee voting by qualified voters residing in the territorial jurisdiction in accordance with G.S. 163‑302. The filing fee shall be ten dollars ($10.00) for the first election of the Butner Advisory Council. In subsequent elections, the Secretary, with the advice of the Advisory Council, shall set the filing fee using the procedure in G.S. 163‑294.2(e).

(d)       The seven candidates receiving the highest numbers of votes shall be elected for four‑year terms.

(d1)     The Department of Health and Human Services shall reimburse the Granville County Board of Elections and, if necessary, the Durham County Board of Elections for the actual cost of administering the election of the Butner Advisory Council according to the provisions of G.S. 163‑284 as if Butner were a city. Reimbursement shall not come from General Fund appropriations or federal funds.

(e)       The Chair of the Butner Advisory Council shall be elected from among its members, shall serve a one‑year term, may be reelected, and shall serve at the pleasure of the council.

(f)        The Butner Advisory Council shall comply with the applicable and relevant provisions of Parts 1, 2, and 3 of Article 5 of Chapter 160A of the General Statutes with respect to the filling of vacancies and the organization and procedures of the council as if it were a city. Only those provisions of those Parts that are consistent with an advisory council are applicable and relevant to the Butner Advisory Council.

(g)       Neither the Secretary nor the Butner Advisory Council shall have any authority over the Lyons Station Sanitary District, except as relates to fire and public safety protection, as provided in Chapter 830 of the 1983 Session Laws and G.S. 122C‑408. (1999‑140, s. 3; 2003‑346, s. 1.)

 

§ 122C‑413.1.  Butner Advisory Council; powers.

(a)       The Butner Advisory Council may advise the Secretary of Health and Human Services, through resolutions adopted by the council, on the operations of the Camp Butner reservation and the concerns of the residents of the Camp Butner reservation in connection with the exercise of the powers granted to the Secretary pursuant to G.S. 122C‑403. A resolution adopted pursuant to this subsection shall be delivered to the Office of the Secretary of Health and Human Services who shall act on the resolution in accordance with G.S. 122C‑403(8a).

(b)       When a vacancy occurs in the position of Butner Town Manager, the Butner Advisory Council shall submit the names of three candidates for the position to the Secretary of Health and Human Services. The candidates shall meet the qualifications set by the State Personnel Commission for the position. The Butner Town Manager shall be selected by the Secretary of Health and Human Services pursuant to G.S. 122C‑403(9a). (1999‑140, s. 3.)

 

§§ 122C‑414 through 122C‑420.  Reserved for future codification purposes.

 

Part 2. Black Mountain Joint Security Force.

§ 122C‑421.   Joint security force.

(a)       The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143‑116.6 or G.S. 143‑116.7 or pursuant to the authority granted the Department by any other law on the territory of the Black Mountain Center, the Alcohol Rehabilitation Center, and the Juvenile Evaluation Center, all in Buncombe County. After taking the oath of office for law enforcement officers as set out in G.S. 11‑11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named centers. These special police officers shall also have the power prescribed by G.S. 7B‑1900 outside the territory embraced by the named centers but within the confines of Buncombe County. These special police officers may arrest persons outside the territory of the named centers but within the confines of Buncombe County when the person arrested has committed a criminal offense within that territory, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory.

(b)       These special police officers may exercise any and all of the powers enumerated in this Part upon or in pursuit from the property formerly occupied by the Black Mountain Center and transferred to the Department of Correction by Senate Bill 388 and House Bill 709 of the 1985 Session of the General Assembly. These special police officers shall exercise said powers upon the property transferred to the Department of Correction only by agreement of the Departments of Correction and Health and Human Services. (1983 (Reg. Sess., 1984), c. 1116, s. 30; 1985, c. 408, ss. 3, 5; c. 589, s. 2; 1995, c. 391, s. 3; 1997‑320, s. 2; 1997‑443, s. 11A.118(a); 1998‑202, s. 13(gg).)

 

§§ 122C‑422 through 122C‑429.  Reserved for future codification purposes.

 

Part 2A.  Broughton Hospital Joint Security Force.

§ 122C‑430.  Joint security force.

The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143‑116.6 or G.S. 143‑116.7 or pursuant to the authority granted the Department by any other law on the territory of the Broughton Hospital, North Carolina School for the Deaf, Western Regional Vocational Rehabilitation Facility, Western Carolina Center, and the surrounding grounds and land adjacent to Broughton Hospital allocated to the Department of Agriculture and Consumer Services, all in Burke County. After taking the oath of office for law enforcement officers as set out in G.S. 11‑11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory embraced by the named facilities. These special police officers may arrest persons outside the territory of the named institutions but within the confines of Burke County when the person arrested has committed a criminal offense within that territory for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory. (1997‑320, s. 1.)

 

Part 2B. Cherry Hospital Joint Security Force.

§ 122C‑430.10.  Joint security force.

The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143‑116.6 or G.S. 143‑116.7 or pursuant to the authority granted the Department by any other law on the territory of the Cherry Hospital in Wayne County. After taking the oath of office for law enforcement officers as set out in G.S. 11‑11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory of the Cherry Hospital. These special police officers shall also have the power prescribed by G.S. 122C‑205 outside the territory of the Cherry Hospital but within the confines of Wayne County. These special police officers may arrest persons outside the territory of the Cherry Hospital but within the confines of Wayne County, when the person arrested has committed a criminal offense within the territory of the Cherry Hospital, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory. (2001‑125, s. 1.)

 

Part 2C. Dorothea Dix Hospital Joint Security Force.

§ 122C‑430.20.  Joint security force.

The Secretary may designate one or more special police officers who shall make up a joint security force to enforce the law of North Carolina and any ordinance or regulation adopted pursuant to G.S. 143‑116.6 or G.S. 143‑116.7 or pursuant to the authority granted the Department by any other law on the territory of the Dorothea Dix Hospital in Wake County. After taking the oath of office for law enforcement officers as set out in G.S. 11‑11, these special police officers have the same powers as peace officers now vested in sheriffs within the territory of the Dorothea Dix Hospital. These special police officers shall also have the power prescribed by G.S. 122C‑205 outside the territory of the Dorothea Dix Hospital but within the confines of Wake County. These special police officers may arrest persons outside the territory of the Dorothea Dix Hospital but within the confines of Wake County, when the person arrested has committed a criminal offense within the territory of the Dorothea Dix Hospital, for which the officers could have arrested the person within that territory, and the arrest is made during the person's immediate and continuous flight from that territory. (2001‑125, s. 1.)

 

Part 3.  North Carolina Alcoholism Research Authority.

§ 122C‑431.  North Carolina Alcoholism Research Authority created.

(a)       The North Carolina Alcoholism Research Authority is created and shall consist of and be governed by a nine‑member board to be appointed by the Governor. Three of the members shall be appointed for a two‑year term, three shall be appointed for a four‑year term and three shall be appointed for a six‑year term; thereafter all appointments shall be for terms of six years. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term.

(b)       The board shall elect one of its members as chairman and one as vice‑chairman. The director of the Center for Alcohol Studies of The University of North Carolina at Chapel Hill shall serve ex officio as  executive secretary to the Authority. Board members shall receive the same per diem, subsistence, and travel allowances as members of similar State boards and commissions, provided funds are available in the "Alcoholism Research Fund" for this purpose. (1973, c. 682, ss. 1, 2; 1985, c. 589, s. 2.)

 

§ 122C‑432.  Authorized to receive and spend funds.

The Authority may receive funds from State, federal, private, or other sources. These funds shall be held separately and designated as the "Alcoholism Research Fund". The Authority shall spend the Fund on research as to the causes and effects of alcohol abuse and alcoholism and for the training of alcohol research personnel. Expenditures for the purposes specified in this section shall be made as grants to nonprofit corporations, organizations, agencies, or institutions engaging in such research or training. The Authority may also pay necessary administrative expenses from the Fund. (1973, c. 682, s. 3; 1985, c. 589, s. 2.)

 

§ 122C‑433.  Applications for grants; promulgation of rules.

(a)       Applications for grants are processed by the Center for Alcohol Studies. All applications shall be reviewed by scientific consultants to the Center; and the Center, after review and study, shall make recommendations to the Authority as to the awarding of grants. The Center shall also furnish to the Authority clerical assistance as may be required.

(b)       The Authority shall adopt rules relative to applications for grants, the reviewing of grants and awarding of grants. (1973, c. 682, ss. 4, 5; 1985, c. 589, s. 2.)