State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-440_1

§ 115C‑440.1. Report on county spending on public capital outlay.

(a)        It is the purpose of Article 42 of Chapter 105 of theGeneral Statutes for counties to appropriate funds generated under that Articleto increase the level of county spending for public elementary and secondaryschool capital outlay (including retirement of indebtedness incurred by thecounty for this purpose) above and beyond the level of spending prior to thelevy of the additional tax authorized under that Article.

(b)        On or before May 1 of each year the Local GovernmentCommission shall furnish to the General Assembly a report of the level of eachcounty's appropriations for public school capital outlay, includingappropriations to the public school capital outlay fund, funds expended bycounties on behalf of and for the benefit of public schools for capital outlay,monies reserved for future years' retirement of debt incurred or capitaloutlay, and any other information the Local Government Commission considersrelevant. For purposes of this subsection, the term "public schools"includes charter schools, if authorized. The Local Government Commission shalldevelop and implement by May 1, 1997, a uniform reporting system wherebycounties are able to report all county expenditures under this subsection.

(c)        Any local board of education may petition the LocalGovernment Commission to make a finding that the funds provided by a county forpublic school capital outlay purposes are, within the financial resourcesavailable and consistent with the fiscal policies of the Board of CountyCommissioners, inadequate to meet the public school capital outlay needs withinthat county and that the Board of County Commissioners has not complied withthe requirements or intent of this Article. The petition shall be in the formprescribed by the Commission. In making its finding, the Commission shallconsider the facts it is required to report under subsection (b) of thissection, as well as any other information it deems necessary. The Commissionshall report its findings on such petition, together with any recommendationsit deems appropriate, to the Joint Legislative Commission on GovernmentalOperations. (1985 (Reg. Sess.,1986), c. 906, s. 1; 1995, c. 507, s. 17.5; 1995 (Reg. Sess., 1996), c. 666,ss. 4, 5.)