North Carolina § 115C-546 - 1. Creation of Fund; administration.

§ 115C-546. 1. Creation of Fund; administration.

There is created the Public School Building Capital Fund. The Fund shall be used to assist county governments in meeting their public school building capital needs. Repealed by Session Laws 2013-316, s. 2.4(a), effective July 23, 2013. The Fund shall be administered by the Department of Public Instruction. History (1987, c. 622, s. 12; c. 813, s. 20; 1989 (Reg. Sess., 1990), c. 1066, s. 28(b); 1991, c. 689, s. 260; 1995 (Reg. Sess., 1996), c. 631, s. 15; 1996, 2nd Ex. Sess. c. 13, s. 2.2; 1997-221, s. 26; 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2003-284, s. 7.33(b); 2013-316, s. 2.4(a); 2013-360, s. 6.11(a).) Editor's Notes. - Session Laws 1995 (Reg. Sess., 1996), c. 631, s. 15, provides for the amendment of subsection (b) by deleting "minus two million five hundred thousand dollars ($2,500,000)" at the end of the first sentence. Session Laws 1995 (Reg. Sess., 1996), c. 631, s. 17, provides that section 15 of the act becomes effective "30 days after the last local school administrative unit on the priority list established in 1988 by The Commission on School Facility Needs is funded under G.S. 115C-489.2." The contingency was met in October 2003, when Wake Count became the last school system to receive targeted funding under the program. Session Laws 1995 (Reg. Sess., 1996), c. 631, s. 17, provides in part: "This act does not obligate the General Assembly to appropriate funds." Session Laws 1997-221, s. 32, provides: "This act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act. Nothing in Sections 16 through 25 or Sections 28 through 30 of this act shall be construed to create any rights or causes of action." Session Laws 2001-416, s. 1(a), provides: "Notwithstanding any other provision of law, the State Treasurer shall defer the issuance of any of the following until after January 1, 2002: "(1) State of North Carolina Clean Water Bonds authorized in S.L. 1998-132. "(2) State of North Carolina Natural Gas Bonds authorized for the construction of natural gas facilities in S.L. 1998-132. "(3) State of North Carolina Public School Building Bonds authorized for public school building capital improvements in S.L 1995-631." Session Laws 2003-284, s. 7.33(a), provides: "The Public School Building Capital Fund is transferred from the Office of State Budget and Management to the Department of Public Instruction, as if by a Type I transfer as defined in G.S. 143A-6 , with all the elements of such a transfer." Session Laws 2003-284, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2003'." Session Laws 2003-284, s. 49.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2003-2005 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2003-2005 fiscal biennium." Session Laws 2003-284, s. 49.5, is a severability clause. Session Laws 2011-145, s. 2.2(c), provides: "Notwithstanding the provisions of G.S. 115C-546.1 , the Secretary of Revenue shall transfer the corporate income tax funds specified in G.S. 115C-546.1(b) to the State Controller for deposit in Nontax Budget Code 19978 (Intrastate Transfers) during the 2011-2012 and 2012-2013 fiscal years to offset continued operations of the State's public schools." For prior similar provisions, see Session Laws 2009-451, s. 2.2(f). Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2013-316, s. 9(a), provides: "This act does not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by this act before the effective date of its amendment or repeal; nor does it affect the right to any refund or credit of a tax that accrued under the amended or repealed statute before the effective date of its amendment or repeal." Effect of Amendments. - Session Laws 2013-316, s. 2.4(a), effective July 23, 2013, deleted subsection (b), which contained the table containing the fraction of net collections to be deposited to the Public School Capital Fund. Session Laws 2013-360, s. 6.11(a), effective July 1, 2013, deleted "and their equipment needs under their local school technology plans" at the end of subsection (a).