S.L. 1969-115

1969 SESSION

CHAPTER 115

HOUSE BILL 63

AN ACT TO AMEND CHAPTER 199, SESSION LAWS OF 1965, TO ALLOCATE THE PROFITS EARNED BY THE CITY OF ROCKINGHAM BOARD OF ALCOHOLIC CONTROL AND TO PROVIDE FOR THE APPOINTMENT OF MEMBERS TO THE BOARD.

The General Assembly of North Carolina do enact:

Section 1. Section 4 of Chapter 199 of the Session Laws of 1965 is hereby amended by deleting the last two sentences, and inserting in lieu thereof the following: "The present chairman and members now serving on the City of Rockingham Board of Alcoholic Control shall continue to serve until the terms they are now serving expire. When the term of the chairman or any member now serving on the City of Rockingham Board of Alcoholic Control expires, or a vacancy otherwise occurs, the successor to the seat shall be named to serve a term of three years by a committee consisting of the Chairman of the Richmond County Board of Commissioners, the Chairman of the Richmond County Board of Education and the Clerk to the Rockingham City Council. This committee shall certify the appointment in writing to the City of Rockingham Board of Alcoholic Control and that Board shall record the appointment in its minutes."

Sec. 2. Section 6 of Chapter 199 of the Session Laws of 1965 is hereby rewritten in its entirety to read as follows:

"Sec. 6. The net profits derived from stores operated under this Act shall be determined by quarterly audits and within twenty days after the close of each quarter the net profits shall be allocated and paid over as herein provided. The provisions of G.S. 18-45(15) shall not apply to the City of Rockingham Board of Alcoholic Control and the 15% of net profits heretofore accumulated in reserve funds for law enforcement and alcoholic rehabilitation and education shall be paid over to the City of Rockingham General Fund. The remaining profits after deduction of this fifteen percent (15%) shall be divided as follows:

(a) Effective July 1, 1973, fifty percent (50%) to the Richmond County Board of Education to be used as a local supplement to the salaries of all the public school teachers of Richmond County. Pending the effective date of this paragraph, fifty percent (50%) shall be paid to the City of Rockingham General Fund.

(b) Two percent (2%) shall be paid to the Richmond County Board of Education and used by that Board exclusively for the Rohanen School band. In the event Rohanen High School is consolidated into another school, then these funds shall be used by the Board of Education for the benefit of the band in the school into which Rohanen High School is consolidated.

(c) Three percent (3%) shall be paid over to the Richmond County Board of Education to be used for the Rockingham High School band and Leak Street School band. In the event either is consolidated into another school, then that school's funds under this Act shall be used for the benefit of the band of the consolidated school.

(d) Ten percent (10%) shall be paid to the treasurer of Richmond County and by the treasurer paid to Richmond Technical Institute. In the event that the Institute should become a community college or change its name, it shall continue to receive these funds.

(e) Two percent (2%) shall be paid to the General Fund of Richmond County to be used only for the purpose of establishing, maintaining, equipping and operating a supervised recreation system in East Rockingham and Wolf Pit Township as authorized by Chapter 160, Article 12, of the General Statutes of North Carolina either by the Richmond County Board of Commissioners or a Board appointed by the County Commissioners for that purpose. None of these funds shall be used for the purchase of real estate. If Richmond County shall fail to establish a supervised recreation program prior to January 1, 1970, two percent (2%) shall be paid over to the City of Rockingham General Fund.

(f) Two percent (2%) shall be paid to the Sheriff of Richmond County and divided by him equally among the regular full-time deputies of the Richmond County Sheriff's Department. These funds are to be in addition to the regular salaries of the deputies.

(g) Five percent (5%) shall be paid to the Rockingham Recreation Commission. These funds may be used by the Recreation Commission for recreation purposes, but not for the purchase of land or buildings.

(h) Two percent (2%) shall be paid to the City of Rockingham and within 30 days after the receipt of those funds the city treasurer shall divide the funds equally among the members of the Rockingham City Police Department. The policemen are to receive these funds over and above their regular salary.

(i) One percent (1%) to the Town of Norman for its general governmental purposes.

(j) Two percent (2%) shall be paid to the City of Rockingham, and within thirty (30) days after the receipt of those funds, the City Treasurer shall divide the funds equally among the regularly employed members of the Rockingham City Fire Department. The regularly employed firemen are to receive these funds over and above their regular salary.

(k) Three percent (3%) shall be paid over to the Rockingham-Richmond County Library Board.

(l) Three percent (3%) shall be paid over to the Richmond County Rescue Squad to be used for the purchase of equipment and the general operating expenses.

(m) One percent (1%) shall be paid to the Town of Ellerbe.

(n) One percent (1%) shall be paid to the Town of Hoffman.

(o) One percent (1%) shall be paid to the Treasurer of the Cordova Volunteer Fire Department to be used for the benefit of the fire department.

(p) The remaining profits shall be paid to the City of Rockingham General Fund."

Sec. 3. All moneys being held in reserve funds as of April 1, 1969, for law enforcement and alcoholic rehabilitation and education shall be paid over to the City of Rockingham General Fund within 30 days after the effective date of this Act. Of such funds returned to the City of Rockingham, the sum of twenty-eight thousand five hundred dollars ($28,500.00) shall be used exclusively for the building of a new police station.

Sec. 4. Partial invalidity. If any provision of this Act or the application thereof to any person or circumstances be held invalid, such invalidity shall not affect the other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall be in full force and effect on April 1, 1969.

In the General Assembly read three times and ratified, this the 25th day of March, 1969.