GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-405
HOUSE BILL 1635
AN ACT amending the laws pertaining to displaced homemakers and increasing the fee which funds the north carolina fund for displaced homemakers.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143B-394.4 reads as rewritten:
"§ 143B-394.4. Definitions.
As used in this Part, unless the context otherwise requires:
(1) "Center"
means any multi-purpose service facility foror program serving
displaced homemakers established pursuant to this Part;homemakers.
(2) "Council"
means the North Carolina Council for Women;Women.
(3) "Department"
means the Department of Administration;Administration.
(4) "Displaced homemaker" means an individual who:
a. Has worked
in his or her own household for at least five years and during which periodand
has provided unpaid household services; and
b. Is unable
to secure gainful employment due to the lack of required training training,
age, or experience; or is unemployed, or underemployed; and
c. Has been
dependent on the income of another household member but is no longer adequately
supported by that income, or is receiving support from a spouse but is
within two years of losing such the support, or has been
supported by public assistance as the parent of minor children but and
is no longer eligible, or is within two years of losing such
eligibility.eligible."
SECTION 2. G.S. 143B-394.5 reads as rewritten:
"§ 143B-394.5. Establishment of center; location.
The Council shall establish or contract for the establishment
of a pilot center for displaced homemakers. In determining where to locate
the center, the Council shall consider, with respect to each proposed location,
the probable number of displaced homemakers in the area and the availability of
resources for training and education."
SECTION 3. Part 10B of Article 9 of Chapter 143B of the General Statutes is amended by adding a new section to read:
"§ 143B-394.5A. Location of displaced homemaker centers; grant criteria.
(a) The Council shall consider the location of displaced homemaker centers based on the probable number of displaced homemakers in an area, the availability of resources for training and education, and viable living wage job opportunities.
(b) The Council shall make grants to displaced homemaker centers in accordance with this section and G.S. 143B-394.10. The Council shall establish criteria, including a baseline cost of basic center operations, to determine grant award categories. The grant criteria shall incorporate displaced homemaker program operational costs based on the location, program delivery capacities, and the probable number of displaced homemakers served in an area."
SECTION 4. G.S. 143B-394.10 reads as rewritten:
"§ 143B-394.10. North Carolina Fund for Displaced Homemakers.
(a) There is established
in the Department of Administration the North Carolina Fund for Displaced
Homemakers. The Fund shall be administered by the North Carolina Council for
Women in accordance with Article 1 of Chapter 143 of the General Statutes and
shall be used to make grants to programsup to 35 centers for
displaced homemakers. The Council shall make quarterly grants to each no
more than 35 eligible program.centers. Grants shall be
awarded according to criteria established by the Council.Council
pursuant to G.S. 143B-394.4(4) and G.S. 143B-394.5A. No more
than ten percent (10%)of these funds shall be used for administrative costs by
the Council.The Council shall use no more than ten percent (10%) of
these funds for administrative costs. In order to To be
eligible to receive grant funds under this section, a displaced homemaker programcenter
shall fulfill all of the criteria established by the Council.Council
and shall have been operational for at least two years. The Council shall
report annually to the Joint Legislative Commission on Governmental Operations
on the revenues credited to the Fund, the programs receiving grants from the
Fund, the success of those programs, and the costs associated with
administering the Fund.
(b) The Department, upon recommendations by the Council, shall adopt rules to implement the North Carolina Fund for Displaced Homemakers."
SECTION 5. G.S. 7A-305(a2) reads as rewritten:
"(a2) In every final action for
absolute divorce filed in the district court, a cost of twenty dollars
($20.00)fifty-five dollars ($55.00) shall be assessed against the
person filing the divorce action. Costs collected by the clerk pursuant to this
subsection shall be remitted to the State Treasurer for deposit to the North
Carolina Fund for Displaced Homemakers established under G.S. 143B-394.10.
Costs assessed under this subsection shall be in addition to any other costs
assessed under this section."
SECTION 6. Section 5 of this act becomes effective October 1, 2005, and applies to actions for absolute divorce filed on or after that date. The remainder of this act becomes effective October 1, 2005.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 1:09 p.m. this 20th day of September, 2005