142-83. Authorization of special indebtedness; General Assembly approval.
(a) General Assembly Approval. - The State may incur or issue special indebtedness subject to the terms and conditions provided in this Article for the purpose of financing the cost of capital facilities that meet one of the following conditions:
(1) The General Assembly has enacted legislation describing the capital facility and authorizing its financing by the incurrence or issuance of special indebtedness up to a specific maximum amount.
(2) The General Assembly has enacted legislation authorizing the incurrence or issuance of special indebtedness up to a specific maximum amount for a specific category of capital facilities and the capital facility meets all of the conditions set in that legislation.
(b) Limitation. - The General Assembly may enact legislation to incur or issue special indebtedness under subsection (a) of this section only if it determines at the time the legislation is enacted that the amount of special indebtedness authorized by the legislation does not exceed the limitation in this subsection. The determination of the General Assembly must be based upon reasonable estimations and once made may be relied upon as conclusive.
The sum of the special indebtedness authorized by the legislation and all other special indebtedness authorized by legislation enacted after January 1, 2013, may not exceed twenty-five percent (25%) of the bond indebtedness of the State supported by the General Fund that was authorized pursuant to legislation enacted after January 1, 2013. For purposes of this section, bond indebtedness supported by the General Fund includes both special indebtedness and general obligation bond indebtedness of the State that is supported by the General Fund. (2003-284, s. 46.2; 2003-314, s. 1; 2004-203, s. 79; 2013-78, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9 - State Capital Facilities Finance Act.
§ 142-81 - Findings and purpose.
§ 142-83 - Authorization of special indebtedness; General Assembly approval.
§ 142-84 - Procedure for incurrence or issuance of special indebtedness.
§ 142-85 - Security; other requirements.
§ 142-86 - Financing contract indebtedness.
§ 142-87 - Additional requirements for certificates of participation indebtedness.
§ 142-88 - Bonded indebtedness.
§ 142-89 - Issuance of limited obligation bonds and notes.
§ 142-90 - Variable rate demand bonds and notes and financing contract indebtedness.
§ 142-93 - Investment eligibility.