North Carolina § 143C-9-7 - Indian Gaming Education Revenue Fund.

§ 143C-9-7. Indian Gaming Education Revenue Fund.

The "Indian Gaming Education Revenue Fund" is established in the State Treasury. Funds shall be expended from the Indian Gaming Education Revenue Fund only by specific appropriation by the General Assembly. Upon appropriation by the General Assembly, funds received in the Indian Gaming Education Revenue Fund shall be allocated quarterly by the State Board of Education to local school administrative units, charter schools, and regional schools on the basis of allotted average daily membership. The funds allotted by the State Board of Education pursuant to this section shall be nonreverting. Funds received pursuant to this section by local school administrative units shall be expended for classroom teachers, teacher assistants, classroom materials or supplies, or textbooks. History (2012-6, s. 1; 2013-360, s. 6.12(r).) Cross References. - As to Class III gaming on Indian lands, see G.S. 14-292.2 . Editor's Note. - Session Laws 2012-6, provides in its preamble: "Whereas, acting under her authority under the General Statutes, the Governor has negotiated on behalf of the State an Amended & Restated Tribal Gaming Compact (Compact) with the Eastern Band of Cherokee Indians that modifies the type of gaming activity authorized on Indian lands and generates revenue for the benefit of both the Eastern Band of Cherokee Indians and the State; and "Whereas, the Compact is effective upon the General Assembly amending the General Statutes to authorize additional Class III gaming activities on Indian lands, as set out in the Compact and upon approval by the U.S. Department of Interior; "Whereas, the Governor and the Eastern Band of Cherokee Indians intend for the State's portion of revenue derived from the Compact to be applied toward the improvement of classroom education in North Carolina by appropriation from a distinct fund and have urged this General Assembly to consider making the necessary appropriations according to law to accomplish this goal; Now, therefore," Session Laws 2013-360, s. 5.4(a), (b), as amended by 2014-100, s. 5.4(a), provides: "(a) There is appropriated from the Indian Gaming Education Revenue Fund to the Department of Public Instruction, School Technology Fund, the sum of five million dollars ($5,000,000) for the 2013-2014 fiscal year and the sum of six million dollars ($6,000,000) for the 2014-2015 fiscal year. "(b) G.S. 143C-9-7 does not apply to the use of these funds for the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 5.3(b) provides that G.S. 143C-9-7 does not apply to the funds appropriated in s. 5.3(a). Those funds were an appropriation from the Indian Gaming Education Revenue Fund to the D/PI's School Techie Fund. Session Laws 2015-241, s. 5.4, provides: "Notwithstanding G.S. 143C-9-7 , the sum of six million dollars ($6,000,000) in each year of the 2015-2017 fiscal biennium is transferred from the Indian Gaming Education Revenue Fund to the Department of Public Instruction, Textbooks and Digital Resources Allotment." 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. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2017-57, s. 5.5, as amended by Session Laws 2018-5, s. 5.5, provides: "Notwithstanding G.S. 143C-9-7 , the sum of six million dollars ($6,000,000) in the 2017-2018 fiscal year and the sum of nineteen million dollars ($19,000,000) in the 2018-2019 fiscal year is transferred from the Indian Gaming Education Revenue Fund to the Department of Public Instruction, Textbooks, and Digital Resources Allotment." 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. Effect of Amendments. - Session Laws 2013-360, s. 6.12(r), effective July 1, 2013, in the first sentence of subsection (b), added "Upon appropriation by the General Assembly," and substituted "shall be allocated quarterly" for "are hereby appropriated as received to the State Public School Fund for quarterly allotment."