North Carolina § 116-30 - 3. Reversions.

§ 116-30. 3. Reversions.

Of the General Fund current operations appropriations credit balance remaining at the end of each fiscal year in each of the budget codes listed in this subsection, any amount of the General Fund appropriation for that budget code for that fiscal year (i) may be carried forward to the next fiscal year in that budget code, (ii) is appropriated in that budget code, and (iii) may be used for the purpose set out in subsection (f) of this section. However, the amount carried forward in each budget code under this subsection shall not exceed five percent (5.0%) of the General Fund appropriation in that budget code. The Director of the Budget, under the authority set forth in G.S. 143C-6-2, shall establish the General Fund current operations credit balance remaining in each budget code. Each special responsibility constituent institution. The Area Health Education Centers of the University of North Carolina at Chapel Hill. University of North Carolina System Office Budget Code 16010. Repealed by Session Laws 1998-212, s. 11(b). Repealed by Session Laws 1998-212, s. 11(a). Repealed by Session Laws 1998-212, s. 11(b). Repealed by Session Laws 2014-100, s. 11.17(a), effective July 1, 2014. Funds carried forward pursuant to subsection (a) of this section shall be used for projects that are eligible to receive funds under G.S. 143C-8-13(a). Expenditures authorized by this subsection shall not impose additional financial obligations on the State and shall not be used to support positions. The budget codes that may carry forward a General Fund current operations appropriations credit balance remaining at the end of each fiscal year pursuant to this section are the budget codes for each of the following: Each budget code in subdivisions (1) through (3) of this subsection may retain a carryforward amount of up to two and one-half percent (2.5%). One-half of any amounts carried forward exceeding two and one-half percent (2.5%) shall be distributed to The University of North Carolina System Office, to be disbursed to the constituent institutions at the discretion of the Board of Governors, with the remaining amount being retained in that budget code. History (1991, c. 689, s. 206.2(a); 1993 (Reg. Sess., 1994), c. 591, s. 10(a); 1995, c. 507, s. 15.16; 1997-443, s. 10.19; 1998-212, s. 11(a), (b); 1999-237, s. 10.14(a); 2006-203, s. 43; 2014-100, s. 11.17(a); 2018-12, s. 2; 2020-81, s. 4(h).) Editor's Note. - Session Laws 2001-424, s. 31.6(a) and (b), provides: "(a) Notwithstanding G.S. 116-30.2 or G.S. 116-30.3 , neither the Office of General Administration of The University of North Carolina or any special responsibility constituent institution shall expend or use any of the following funds to modify the budget reductions imposed by this act [Session Laws 2001-424]: "(1) General Fund moneys appropriated by this act [Session Laws 2001-424]. "(2) General Fund current operations appropriations credit balances remaining at the end of any fiscal year that are carried forward to the next fiscal year. "(b) Except as provided in subsection (a) of this section [31.6(a) of Session Laws 2001-424], G.S. 116-30.2 and G.S. 116-30.3 remain in full force and effect." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001.'" Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2006-203, s. 126, provides, in part: "Prosecutions for offenses committed before July 1, 2007 are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2014-100, s. 8.25( l ) provides: "Notwithstanding G.S. 116-30.3(a) or any other provision of law, of the funds appropriated to the Board of Governors of The University of North Carolina for the 2014-2015 fiscal year to award scholarship grants to eligible students in accordance with Section 8.29 of S.L. 2013-360 and the provisions of this section, any unspent funds in the 2014-2015 fiscal year for this purpose shall revert to the General Fund on June 30, 2015." Session Laws 2014-100, s. 11.17(c), made the amendment to this section by Session Laws 2013-100, s. 11.17(a), applicable to the 2014-2015 fiscal year and each subsequent fiscal year. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-241, s. 31.17, provides: "(a) Notwithstanding G.S. 116-30.3(a) , the amount carried forward in each budget code under that subsection on June 30, 2016, shall not exceed five percent (5%) of the General Fund appropriation in that budget code. Any amount carried forward in a budget code that is in excess of two and one-half percent (2.5%) of the General Fund appropriation in that budget code shall be used only (i) for projects that are eligible to receive funds from the Repairs and Renovations Reserve under G.S. 143C-4-3(b) or (ii) for advanced planning of capital improvement projects. "(b) The Board of Governors of The University of North Carolina shall submit the following written reports to the Joint Legislative Commission on Governmental Operations and to the Fiscal Research Division on the allocation and use of funds accruing from the temporary increase in the carryforward provided by subsection (a) of this section: "(1) A report on expenditures for repairs and renovations no later than October 1, 2017. "(2) A report on any expenditures for advanced planning no later than 30 days after the funds are spent." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2006-203, s. 43, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, substituted "is appropriated" for "may be used" throughout the section; substituted "G.S. 143C-6-2" for "G.S. 143-25 " in the last sentence of subsection (a) and the next-to-last sentence of subsection (e); and substituted "G.S. 143C-1-2" for "G.S. 143-18" near the beginning of subsection (e). Session Laws 2014-100, s. 11.17(a), effective July 1, 2014, rewrote the section. See Editor's note for applicability. Session Laws 2018-12, s. 2, effective July 1, 2018, substituted "University of North Carolina System Office" for "General Administration" in subdivision (a)(3). Session Laws 2020-81, s. 4(h), effective July 1, 2020, in subsection (a), in the first paragraph, substituted "for the purpose" for "for any of the purposes" in the first sentence and substituted "five percent (5.0%)" for "two and one-half percent (2.5%)" in the second sentence, and added the concluding paragraph; and substituted "shall be used for projects that are eligible to receive funds under G.S. 143C-8-13(a) . Expenditures authorized by this subsection" for "may be used for one-time expenditures, provided, however, that the expenditures" in subsection (f).