§ 105-113.113. Use of tax proceeds. - North Carolina Statutes

§ 105‑113.113.  Use oftax proceeds.

(a)        Special Account. – TheUnauthorized Substances Tax Account is established as a special nonrevertingaccount. The Secretary shall credit the proceeds of the tax levied by thisArticle to the Account.

(b)        Distribution. – TheSecretary shall distribute unencumbered tax proceeds in the UnauthorizedSubstances Tax Account on a quarterly or more frequent basis. Tax proceeds inthe Account are unencumbered when they are collectible under G.S. 105‑241.22.The Secretary shall distribute seventy‑five percent (75%) of theunencumbered tax proceeds in the Account that were collected by assessment tothe State or local law enforcement agency that conducted the investigation of adealer that led to the assessment. If more than one State or local lawenforcement agency conducted the investigation, the Secretary shall determinethe equitable share for each agency based on the contribution each agency madeto the investigation. The Secretary shall credit the remaining unencumbered taxproceeds in the Account to the General Fund.

(c)        Refunds. – Therefund of a tax that has already been distributed shall be drawn initially fromthe Unauthorized Substances Tax Account. The amount of refunded taxes that weredistributed to a law enforcement agency under this section and any interestshall be subtracted from succeeding distributions from the Account to that lawenforcement agency. The amount of refunded taxes that were credited to theGeneral Fund under this section and any interest shall be subtracted fromsucceeding credits to the General Fund from the Account. (1991 (Reg. Sess., 1992), c.900, s. 20(c); 1995, c. 340, s. 1; 1997‑292, s. 1; 2007‑491, s. 9.)