North Carolina § 143C-8-12 - Capital improvement projects from sources other than the General Fund.

§ 143C-8-12. Capital improvement projects from sources other than the General Fund.

University Projects. - Notwithstanding any other provision of this Chapter, the Board of Governors of The University of North Carolina may approve any of the following: Expenditures to plan a capital improvement project of The University of North Carolina, the planning for which is to be funded entirely with non-General Fund money. Expenditures for a capital improvement project of The University of North Carolina that is to be funded and operated entirely with non-General Fund money. A change in the scope of any previously approved capital improvement project of The University of North Carolina provided that both the project and change in scope are funded entirely with non-General Fund money. Carryforward Funds. - For purposes of this section, the term "non-General Fund money" includes funds carried forward from one fiscal year to another pursuant to G.S. 116-30.3 and G.S. 116-30.3B. These funds shall only be used for projects listed in G.S. 143C-8-13(a). National Guard Projects. - Notwithstanding any other provision of this Chapter, the North Carolina National Guard may approve expenditures for a capital project of the North Carolina National Guard if (i) the project will be funded entirely with federal funds and (ii) any operating costs associated with the project will be paid entirely with federal funds. Reporting. - The Board of Governors and the National Guard shall report any expenditure made pursuant to this section to the Office of State Budget and Management and to the Joint Legislative Commission on Governmental Operations. Nothing in this subsection shall be construed to prohibit expenditures for planning for a project that has been authorized by an act of the General Assembly and funded with an allocation from the State Capital and Infrastructure Fund. History (2006-203, s. 3; 2011-145, s. 30.10(a); 2014-100, ss. 36.5, 36.8(a); 2017-57, s. 36.12(j); 2020-81, s. 4(d).) Editor's Note. - Session Laws 2011-145, s. 6.5(a)-(d), had provided for interim appropriations committees, meetings, and a requirement for consultation by the Governor prior to certain budgetary actions, during the period between legislative sessions. Session Laws 2012-142, s. 6.1, effective July 1, 2012, repealed s. 6.5 of Session Laws 2011-145. 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. Effect of Amendments. - Session Laws 2011-145, s. 30.10(a), effective June 15, 2011, in the first sentence, substituted "the Board of Governors of the University of North Carolina may approve" for "the Director of the Budget may, upon request of the Board of Governors of the University of North Carolina and after consultation with the Joint Legislative Commission on Governmental Operations, approve" and inserted "and operated" in clause (ii), and added the last sentence. Session Laws 2014-100, ss. 36.5, 36.8(a), effective July 1, 2014, added the subsection (a) designation; rewrote subsection (a); and added subsections (b), (c), and (d). Session Laws 2017-57, s. 36.12(j), effective July 1, 2019, substituted "G.S. 143C-8-13(a)" for " G.S. 143C-4-3(b) " in the second sentence in subsection (b). Session Laws 2020-81, s. 4(d), effective July 1, 2020, added the concluding paragraph of subsection (a).