North Carolina § 115C-489 - 5. Qualified zone academy bonds and qualified school construction bonds; findings.

§ 115C-489. 5. Qualified zone academy bonds and qualified school construction bonds; findings.

The General Assembly finds: Section 226 of the Taxpayer Relief Act of 1997, as codified at 26 U.S.C. § 54E, provides funds for school improvements through taxable qualified zone academy bonds. Ninety-five percent (95%) or more of the proceeds of a qualified zone academy bond issue must be used for a qualified purpose with respect to a qualified zone academy established by an eligible local education agency. Partnerships between private entities and local schools are promoted through the use of qualified zone academy bonds. Issuers must certify that they have received written commitments from one or more private entities to make qualified contributions valued at ten percent (10%) of the proceeds of the issue. Section 1521, et seq., of the American Recovery and Reinvestment Tax Act of 2009 (ARRTA), enacted as 26 U.S.C. § 54F, provides a new source of funds for construction, rehabilitation, or repair of public school facilities or for acquisition of land for public school facilities through the issuance of qualified school construction bonds. Eligible taxpayers may receive federal tax credits for holding the qualified zone academy bonds or qualified school construction bonds. It is intended that the qualified zone academy bonds and qualified school construction bonds be sold at a price so that the tax credits received produce the economic equivalent of interest that otherwise would have been paid on the bonds. Therefore, issuers of qualified zone academy bonds or qualified school construction bonds are obligated to repay the principal amount of the qualified zone academy bonds or qualified school construction bonds but need not make interest payments. Applicable federal law limits the amount of qualified zone academy bonds and qualified school construction bonds that may be issued in North Carolina in a calendar year. The amount of qualified school construction bonds that may be issued in the State is divided between amounts specifically designated for identified local school districts pursuant to ARRTA ("local allocation") and amounts allocated to the entire State for use throughout the State ("statewide allocation"). History (2000-69, s. 1; 2009-140, s. 1.) Editor's Note. - Subdivisions (1) through (4) were enacted as (a) through (d) and have been redesignated at the direction of the Revisor of Statutes. Session Laws 2000-69, s. 4, in part, provides: "Interpretation of Act. "(a) Additional Method. This act provides an additional and alternative method for the doing of the things it authorizes and is as supplemental and additional to powers conferred by other laws. Except as otherwise expressly provided, it does not derogate any powers now existing. "(b) Statutory References. References in this act to specific sections or Chapters of the General Statutes are intended to be references to those sections or Chapters as they may be amended from time to time by the General Assembly. "(c) Liberal Construction. This act, being necessary for the health and welfare of the people of the State, shall be liberally construed to effect its purposes." Session Laws 2000-69, s. 4(d), is a severability clause. Effect of Amendments. - Session Laws 2009-140, s. 1, effective June 19, 2009, added "and Qualified School Constructions Bonds" at the end of the article heading; inserted "and qualified school construction bonds" in the section heading; in subdivision (1), substituted "26 U.S.C. § 54E" for "26 U.S.C. § 1397E"; added subdivision (2a); in subdivision (3), inserted "or qualified school construction bonds" three times, in the second sentence, substituted "and qualified school construction bonds be sold at a price so that the tax credits received produce the economic equivalent" for "be sold at par value so that the tax credits received are instead"; and in subdivision (4), inserted "and qualified school construction bonds" in the first sentence, and added the second sentence.