NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 735

SENATE BILL 727

AN ACT TO AMEND G.S. 108-44 TO PROVIDE FOR FURNISHING THE SERVICES OF ATTORNEYS FOR WELFARE APPLICANTS OR RECIPIENTS TO THE EXTENT REQUIRED BY FEDERAL LAWS OR REGULATIONS.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 108-44, as it appears in Chapter 546 of the Session Laws of 1969, is hereby amended by adding a new section therein as follows:

"(f)       If and when any federal law or regulation requires, as a condition of federal participation in public assistance payments, that public assistance applicants or recipients be furnished with the services of attorneys for the purpose of appeals described in this Section or for the purpose of litigation arising out of such appeals, the services of attorneys shall be provided as required by the federal law or regulation, to the extent that funds are made available as hereinafter provided, in accordance with rules and regulations approved by the Governor, the Advisory Budget Commission, the State Board of Social Services and the North Carolina State Bar Council. To the extent permitted by the rules and regulations thus approved, payment for the services of attorneys shall be made by the State Board of Social Services from funds transferred from contingency and emergency appropriations until such time as funds are appropriated for the services of attorneys."

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1969.