2005 North Carolina Code - General Statutes § 122C-181. Secretary\'s jurisdiction over State facilities.

Part 5. State Facilities.

§ 122C‑181.  Secretary's jurisdiction over State facilities.

(a)       Except as provided in subsection (b) of this section, the Secretary shall operate the following facilities:

(1)       For the mentally ill:

a.         Cherry Hospital;

b.         Dorothea Dix Hospital;

c.         John Umstead Hospital; and

d.         Broughton Hospital; and

(2)       For the mentally retarded:

a.         Caswell Center;

b.         O'Berry Center;

c.         Murdoch Center;

d.         Western Carolina Center; and

e.         Black Mountain Center; and

(3)       For substance abusers:

a.         Walter B. Jones Alcohol and Drug Abuse Treatment Center at Greenville;

b.         Alcohol and Drug Abuse Treatment Center at John Umstead Hospital; and

c.         Julian F. Keith Alcohol and Drug Abuse Treatment Center; and

(4)       As special care facilities:

a.         North Carolina Special Care Center;

b.         Whitaker School; and

c.         Wright School.

(b)       Subject to the requirements of subsection (c) of this section, the Secretary may, with the approval of the Governor and Council of State, close any State facility.

(c)       Closure of a State facility under subsection (b) of this section becomes effective on the earlier of the 31st legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 10 days after the date the closure is approved, unless a different effective date applies under this subsection. If a bill that specifically disapproves the State facility closure is introduced in either house of the General Assembly before the thirty‑first legislative day of that session, the closure becomes effective on the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the State facility closure. If the Secretary specifies a later effective date for closure than the date that would otherwise apply under this subsection, the later date applies. Closure of a State facility does not become effective if the closure is specifically disapproved by a bill enacted into law before it becomes effective. Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove closure of a facility that has been approved by the Governor and Council of State as provided in subsection (b) of this section. Nothing in this subsection shall be construed to impair the Secretary's power or duty otherwise imposed by law to close a State facility temporarily for the protection of health and safety. (Code, ss. 2227, 2240; 1899, c. 1, s. 1; Rev., s. 4542; C.S., s. 6151; 1945, c. 952, s. 8; 1947, c. 537, s. 2; 1949, c. 1206, s. 1; 1955, c. 887, s. 1; 1959, c. 348, s. 1; c. 1002, s. 1; c. 1008; c. 1028, ss. 1‑4; 1961, c. 513; c. 1173, ss. 1, 2, 4; 1963, c. 1166, ss. 2, 10, 12; c. 1184, s. 6; 1967, c. 151; 1969, c. 982; 1973, c. 476, ss. 128, 133, 138; 1975, c. 19, s. 41; 1977, c. 679, s. 7; 1981, c. 51, s. 3; c. 77; c. 412, s. 4; 1983, c. 383, s. 9; 1985, c. 589, s. 2; 1989, c. 145, s. 1; 1991, c. 689, s. 136; 2001‑437, s. 1.19; 2001‑487, s. 80(a).)