Special indebtedness may create liens or security interests to secure specified payments, and related documents must not contain a nonsubstitution clause that limits the State’s service or replacement rights.
(a)Security. —In order to secure (i) lease or installment payments to be made to the lessor, seller, or other person advancing moneys or providing financing under a financing contract, (ii) payment of the principal of and interest on bonded indebtedness, or (iii) payment obligations of the State to the provider of bond insurance, a credit facility, a liquidity facility, or a derivative agreement, special indebtedness may create any combination of the following: (1)A lien on or security interest in one or more, all, or any part of the capital facilities to be financed by the special indebtedness. (2)If the special indebtedness is to finance construction of improvements on real property, a lien on or security interest in all or any part of the land on which the improvements are to be located. (3)If the special indebtedness is to finance renovations or improvements to existing facilities or the installation of fixtures in existing facilities, a lien on or security interest in one or more, all, or any part of the facilities. (b)Value of Security; Multiple Liens. —The estimated value of the property subject to the lien or security interest need not bear any particular relationship to the principal amount of the special indebtedness or other obligation it secures. This Article does not limit the right of the State to grant multiple liens or security interests in a capital facility or other property to the extent not otherwise limited by the terms of any special indebtedness. (c)Governor’s Budget. —Documentation relating to any special indebtedness may include provisions requesting the Governor to submit in the Governor’s budget proposal or any amendments or supplements to the budget proposed appropriations necessary to make the payments required by the special indebtedness. (d)Source of Repayment. —The payment of amounts payable by the State under special indebtedness or any related documents during any fiscal period shall be limited to funds appropriated for that purpose by the General Assembly in its discretion. (e)No Deficiency Judgment or Pledge. —No deficiency judgment may be rendered against the State in any action for breach of any obligation under special indebtedness or any related documents. The taxing power of the State is not and may not be pledged directly or indirectly to secure any moneys due under special indebtedness or any related documents. In the event that the General Assembly does not appropriate sums sufficient to make payments required under any special indebtedness or any related documents, the net proceeds received from the sale or other disposition of the property subject to the lien or security interest shall be applied to satisfy these payment obligations in accordance with the deed of trust, security agreement, or other documentation relating to the lien or security interest. These net proceeds are appropriated for the purpose of making these payments. Any net proceeds in excess of the amount required to satisfy the obligations of the State under any special indebtedness or any related documents shall be paid to the State Treasurer for deposit to the General Fund. (f)Nonsubstitution Clause. —A financing contract, issue of bonded indebtedness, or other related document shall not contain a nonsubstitution clause that restricts the right of the State to (i) continue to provide a service or conduct an activity or (ii) replace or provide a substitute for any capital facility. (g)Protection of Lender. —Special indebtedness may contain any provisions for protecting and enforcing the rights and remedies of the person advancing moneys or providing financing under a financing contract, the owners of bonded indebtedness, or others to whom the State is obligated under special indebtedness or any related documents as may be reasonable and proper and not in violation of law. These provisions may include covenants setting forth the duties of the State in respect of any of the following: (1)The purposes to which the proceeds of special indebtedness may be applied. (2)The disposition and application of the revenues of the State, including taxes. (3)Insuring, maintaining, and other duties with respect to the capital facilities financed. (4)The disposition of any charges and collection of any revenues and administrative charges. (5)The terms and conditions of the issuance of additional special indebtedness. (6)The custody, safeguarding, investment, and application of all moneys. (h)State Property Law Exception. —Chapter 146 of the General Statutes does not apply to any transfer of the State’s interest in property authorized by this Article, whether to a deed of trust trustee or other secured party as security for special indebtedness, or to a purchaser of property in connection with a foreclosure or similar conveyance of property to realize upon the security for special indebtedness following the State’s default on its obligations under the special indebtedness. History: History.2003-284, s. 46.2; 2003-314, s. 1; 2004-203, s. 79.