North Carolina § 142-80 - Short title.

§ 142-80. Short title.

This Article may be cited as the State Capital Facilities Finance Act. History (2003-284, s. 46.2; 2003-314, s. 1; 2004-203, s. 79.) Repair and Renovation. - Session Laws 2003-284, s. 46.1, provides: "This section authorizes the issuance or incurrence of special indebtedness in a maximum aggregate principal amount of three hundred million dollars ($300,000,000) to be used only in accordance with this section for the repair and renovation of State facilities and related infrastructure that are supported from the General Fund. "Proceeds of the Repair and Renovation special indebtedness shall be used only for the purposes and in accordance with the procedures provided in G.S. 143-15.3A, the Repairs and Renovations Reserve Account. "Except in the case of an emergency as provided in G.S. 143-15.3A, the Director of the Budget shall use the Repair and Renovations funds only for repairs and renovations that have been approved by an act of the General Assembly or, if the General Assembly is not in session, for repairs and renovations about which the Director of the Budget has first consulted with the Joint Legislative Commission on Governmental Operations under G.S. 143-15.3A(c). The Director of the Budget shall direct the State Treasurer to carry out the financing for repair and renovation projects selected pursuant to this section. Special indebtedness authorized by this section shall be issued or incurred only in accordance with Article 9 of Chapter 142 of the General Statutes, as enacted by this part." Psychiatric Hospital Construction. - Session Laws 2003-314, ss. 2.1 through 2.3, provide: "Construction of Psychiatric Hospital. - In accordance with G.S. 142-83, as enacted by this act, this section authorizes the issuance or incurrence of financing contract indebtedness in a maximum aggregate principal amount of one hundred ten million dollars ($110,000,000) to finance the cost of the project described in this Part, subject to the limitations described in this Part. The financing contract indebtedness shall not be incurred prior to July 1, 2004. "The Project. - The project shall consist of the acquisition, construction, and equipping of an approximately 450,000 square foot, 432-bed new psychiatric hospital to be located in Butner. "Authorization of Financing Contracts. - The State, with the prior approval of the State Treasurer and the Council of State, as provided in Article 10 of Chapter 142 of the General Statutes as enacted by this act, is authorized to execute and deliver one or more financing contracts in order to provide funds to the State to be used, together with other available funds, to pay the cost of the project, in an aggregate principal amount not to exceed one hundred ten million dollars ($110,000,000). The State Treasurer may, in the Treasurer's sole discretion, require one or more reports satisfactory to the Treasurer evidencing the savings expected to be realized from the closure of existing psychiatric hospitals that are to be replaced by the project and the feasibility of the financing of the project." General Provisions for Psychiatric Hospital. - Session Laws, 2003-314, s. 3.1, provides: "The Secretary of Health and Human Services shall maintain all existing educational and research programs in psychiatry and psychology conducted at Dorothea Dix Hospital and John Umstead Hospital by the University of North Carolina School of Medicine and by the Psychology Department within the College of Arts and Sciences at the University of North Carolina at Chapel Hill, unless the programs are otherwise modified by the University of North Carolina School of Medicine or the College of Arts and Sciences. The University of North Carolina School of Medicine shall retain authority over all educational and research programs in psychiatry and the University of North Carolina College of Arts and Sciences shall retain authority over all educational and research programs in psychology conducted at these hospitals and at any new State psychiatric hospital. The Secretary shall consult with the University of North Carolina School of Medicine in programmatic, operational, and facility planning of the new psychiatric hospital to ensure appropriate patient treatment and continuation of educational and research programs conducted by the University of North Carolina School of Medicine. In addition, the Secretary shall consult with the University of North Carolina College of Arts and Sciences to ensure appropriate continuation of educational and research programs conducted by the University of North Carolina College of Arts and Sciences." Additional Method. - Session Laws 2003-284, s. 46.4(a), provides: "This part [Part XLVI of Session Laws 2003-284] provides an additional and alternative method for the doing of the things authorized by this part [Part XLVI of Session Laws 2003-284] and shall be regarded as supplemental and additional to powers conferred by other laws. Except where expressly provided, this part [Part XLVI of Session Laws 2003-284] shall not be regarded as in derogation of any powers now existing. The authority granted in this part [Part XLVI of Session Laws 2003-284] is in addition to other laws now or hereinafter enacted authorizing the State to issue or incur indebtedness." Session Laws 2003-314, s. 4.1 contains similar provisions. Statutory References. - Session Laws 2003-284, s. 46.4(b), provides: "References in this part [Part XLVI of Session Laws 2003-284] 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." Session Laws 2003-314, s. 4.1 contains similar provisions. Liberal Construction. - Session Laws 2003-284, s. 46.4(c), provides: "This part [Part XLVI of Session Laws 2003-284], being necessary for the health and welfare of the people of the State, shall be liberally construed to effect its purposes." Session Laws 2003-314, s. 4.1 contains similar provisions. Severability. - Session Laws 2003-284, s. 46.4(d), provides: "If any provision of this part [Part XLVI of Session Laws 2003-284] or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of the part [Part XLVI of Session Laws 2003-284] that can be given effect without the invalid provision or application, and to this end the provisions of this part [Part XLVI of Session Laws 2003-284] are severable." Session Laws 2003-314, s. 4.1 contains similar provisions. Editor's Note. - Session Laws 2003-284, s. 48.1, provides: "Parts 32 through 47 of this act do not affect the rights or liabilities of the State, a taxpayer, or another person arising under a statute amended or repealed by those parts before the effective date of its amendment or repeal; nor do they 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 [June 30, 2003] or repeal." 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 2004-203, s. 79, amended the lead-in language to Session Laws 2003-314, which enacted this Article, as amended by Session Laws 2003-284, s. 46.2. Session Laws 2006-231, s. 4, effective August 10, 2006, provides: "In accordance with G.S. 142-83, this section authorizes the issuance or incurrence of special indebtedness in the maximum aggregate principal amount of twenty million dollars ($20,000,000) to finance the capital facility costs of a new parking deck to be constructed in downtown Raleigh. The State, with the prior approval of the State Treasurer and the Council of State, as provided in Article 9 of Chapter 142 of the General Statutes, is authorized to issue or incur special indebtedness in order to provide funds to the State to be used, together with other available funds, to pay the capital facility costs of the project described in this section."