North Carolina § 143B-1217 - Military Presence Stabilization Fund.

§ 143B-1217. Military Presence Stabilization Fund.

The Military Presence Stabilization Fund is established as a special fund in the Department of Military and Veterans Affairs. Funds in the Military Presence Stabilization Fund shall be used to fund actions designed to make the State less vulnerable to closure pursuant to federal Base Realignment and Closure and related initiatives. The North Carolina Military Affairs Commission shall approve the use of the Fund for this purpose. Notwithstanding the provisions of G.S. 143B-1214 and subsection (a) of this section, funds appropriated to the Military Presence Stabilization Fund may be used for the following purposes: Unless otherwise authorized by the General Assembly, up to two hundred twenty-five thousand dollars ($225,000) to provide grants to local communities or military installations for actual project expenses. Grant funds shall not be used to pay for lobbying the General Assembly, salaries, travel, or other administrative costs. The North Carolina Military Affairs Commission shall establish guidelines for applying for these grants. Administrative expenses and reimbursements for members of the North Carolina Military Affairs Commission. Federal advocacy and lobbying support. Updates to strategic planning analysis and strategic plan. Economic impact analyses. Public-public/public-private (P4) initiatives. Identification and implementation of innovative measures to increase the military value of installations. Fully fund a position at the North Carolina Economic Development Center. The North Carolina Military Affairs Commission shall report to the Joint Legislative Oversight Committee on General Government no later than February 15 of each year on expenditures from the Military Presence Stabilization Fund. History (2015-241, s. 24.3(a); 2017-57, s. 19.1(e); 2020-78, s. 17.1(a).) Editor's Note. - Session Laws 2015-241, s. 24.3(a), enacted this section as G.S. 143B-1214. It has been renumbered as G.S. 143B-1217 at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 33.7, made this section effective July 1, 2015. Session Laws 2015-241, s. 24.3(b), (c), provides: "(b) Notwithstanding G.S. 143B-1214 [143B-1217], the funds appropriated in this act to the Military Presence Stabilization Fund for the 2015-2016 fiscal year shall be used as follows: "(1) Use of funds. - Funds shall be allocated as follows: "a. Up to the sum of two hundred thousand dollars ($200,000) may be used to provide grants to local communities or military installations. These funds shall only be used for actual project expenses and shall not be used to pay for lobbying, salaries, travel, or other administrative costs. b. The remaining funds shall be used for purposes other than those set forth in sub-subdivision a. of this subdivision. The Secretary of Military and Veterans Affairs shall establish the guidelines for applying for these grants. "(2) Use of funds. - Funds shall be used only for the following: "a. Administrative expenses and reimbursements for members of the Commission. "b. Federal advocacy and lobbying support. "c. Updates to strategic planning analysis and strategic plan. "d. Economic modeling software and analyses. "e. Compatible development mapping (red, yellow, green mapping). "f. Public-public/public-private (P4) initiative. "g. Identification and implementation of innovated measures to increase the military value of installations. "(c) The Department of Military and Veterans Affairs shall report to the Joint Legislative Oversight Committee on General Government no later than February 1, 2016, on the expenditures from the Military Presence Stabilization Fund." 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. 33.6, is a severability clause. Session Laws 2017-57, s. 19.1(f), (f1), (g), as amended by Session Laws 2018-5, s. 19.3(a)-(c), provides: "(f) Notwithstanding G.S. 143B-1214 and G.S. 143B-1217, the funds appropriated to the Military Presence Stabilization Fund may be used for the following purposes: "(1) Up to the sum of two hundred twenty-five thousand dollars ($225,000) may be used to provide grants to local communities or military installations. These funds shall only be used for actual project expenses and shall not be used to pay for lobbying the North Carolina General Assembly, salaries, travel, or other administrative costs. The North Carolina Military Affairs Commission shall establish guidelines for applying for these grants. "(2) Administrative expenses and reimbursements for members of the North Carolina Military Affairs Commission. "(3) Federal advocacy and lobbying support. "(4) Updates to strategic planning analysis and strategic plan. "(5) Economic impact analyses. "(6) Public-public/public-private (P4) initiatives. "(7) Identification and implementation of innovated measures to increase the military value of installations. "(8) Fully fund the position at the North Carolina Economic Development Center. "(f1) The Department shall pay expenses authorized by subsection (f) of this section and approved by the North Carolina Military Affairs Commission within 30 days of receiving a request from the Commission that payment be made. Notwithstanding the 30-day time period provided for in this subsection, the Department shall make payment on a contract or grant awarded by the Commission no later than the date payment is due according to the terms of the contract or grant, and the Commission shall not be required to request that the Department make the contract or grant payment. The chair may authorize a member of the Commission's Executive Steering Group or another representative to make a request for payment. Upon receipt of a request for payment, the Department shall issue a written acknowledgment of the request to the Commission or duly authorized representative and shall, once payment has been made, provide proof of payment to the Commission or duly authorized representative. "(g) The North Carolina Military Affairs Commission shall report to the Joint Legislative Oversight Committee on General Government no later than February 15, 2019, on the expenditures from the Military Presence Stabilization Fund." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-78, s. 22.1, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to the 2019-2021 fiscal biennium." Session Laws 2020-78, s. 22.3, is a severability clause. Session Laws 2020-78, s. 17.1(b), provides: "The Department of Military and Veterans Affairs shall pay expenses authorized by this section and approved by the North Carolina Military Affairs Commission within 30 days of receiving a request from the Commission that payment be made. Notwithstanding the 30-day time period provided for in this subsection, the Department shall make payment on a contract or grant awarded by the Commission no later than the date payment is due according to the terms of the contract or grant, and the Commission shall not be required to request that the Department make the contract or grant payment. The chair may authorize a member of the Commission's Executive Steering Group or another representative to make a request for payment. Upon receipt of a request for payment, the Department shall issue a written acknowledgment of the request to the Commission or duly authorized representative and shall, once payment has been made, provide proof of payment to the Commission or duly authorized representative.” Effect of Amendments. - Session Laws 2017-57, s. 19.1(e), effective July 1, 2017, rewrote the second sentence which formerly read: "The Secretary of Military and Veterans Affairs may allocate funds in the Fund for this purpose." Session Laws 2020-78, s. 17.1(a), effective July 1, 2020, added the subsection (a) designator; and added subsections (b) and (c).