BUNCOMBE SCHOOL CAPITAL FUND COMMISSION.

View NCGA Bill Details2015-2016 Session
Senate Bill 888 (Local) Filed Thursday, May 19, 2016
AN ACT TO AMEND THE BUNCOMBE SCHOOL CAPITAL FUND COMMISSION.
Intro. by Apodaca.

Status: Ch. SL 2016-19 (Senate Action) (Jun 21 2016)

SOG comments (1):

Title change

The Senate committee substitute to the 1st edition changes the act's title. The previous title was: AN ACT TO REESTABLISH THE BUNCOMBE SCHOOL CAPITAL FUND COMMISSION.

Bill History:

S 888/S.L. 2016-19

Bill Summaries:

  • Summary date: Jun 21 2016 - More information

    AN ACT TO AMEND THE BUNCOMBE SCHOOL CAPITAL FUND COMMISSION. Enacted June 21, 2016. Effective June 21, 2016. 


  • Summary date: Jun 15 2016 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes the act's long title to AN ACT TO AMEND THE BUNCOMBE COUNTY SCHOOL CAPITAL FUND COMMISSION.

    Deletes the provisions of the previous edition and now provides the following.

    Section 1

    Amends SL 1983-134, which established the Buncombe County Capital Fund Commission (Commission), as follows.

    Deletes the provisions relating to the initial members of the Commission in Section 2, and makes conforming changes. Eliminates the requirement that one of the five Commission members is to be appointed by the Asheville City Council, and instead increases the members to be appointed by the Buncombe County Board of Commissioners from one to two members. Makes technical changes.

    Deletes the provisions relating to the first meeting of the Commission in Section 4, and makes conforming changes. Makes technical changes.

    Deletes the provision of Section 6 that requires 1/2 of any State sales and use tax revenue distributed to Buncombe County to be paid to the Commission by the Secretary of Revenue. Makes technical changes.

    Deletes Section 7, which requires all of the special property tax levied in Buncombe County for necessary capital improvements of County and City schools in Buncombe County to be appropriated by Buncombe County to the Commission and paid by the Tax Collector to the Commission.

    Amends Section 8 to establish that any other capital funds appropriated by Buncombe County pursuant to Article 40 (First 1/2 cent local government sales and use tax) and Article 42 (second 1/2 cent local government sales and use tax) of GS Chapter 105 are to be apportioned between the Asheville City Board of Education and the Buncombe County Board of Education according to the membership of each unit using the process set forth in GS 115C-430 (previously, any other funds appropriated by Buncombe County or any other governmental entity for public construction in any amount and public school improvement and renovation projects exceeding $50,000 in Buncombe County are to be paid to the Commission, provided that the board of county commissioners may choose to designate funds under the statute to a specific account under Section 11 of the act rather than pro rata).

    Amends Section 9 to direct that all funds received by the Commission under Section 6 (previously, included Sections 7 and 8) of the act be placed in a capital reserve fund as provided in Part 2 of Article 3 of GS Chapter 159. Provides that the capital reserve fund is to be known as Public School Capital Needs Fund. Makes conforming changes to Sections 10 and 11.

    Amends Section 10 to direct that all funds in the Public School Capital Needs Fund are to be used to finance public school capital construction, to finance public school improvement and renovation projects that exceed $100,000, or retire any indebtedness incurred by the county or a local school board for these purposes (previously, to finance public school capital construction and public school improvement and renovation projects in Buncombe County or to retire any indebtedness incurred by the county or a local school board for these purposes). Deletes the directive to the Commission to annually divide the funds received that year into two accounts, as specified. Instead, directs the Commission to consider the capital needs of both the Buncombe County School System and the Asheville City School System, prioritize those needs, and recommend projects to be funded from the Public School Capital Needs Fund to the board of county commissioners based on the priority of needs determined.

    Section 2

    Establishes that the Commission created by SL 1983-134 is not constituted as of June 1, 2016. Provides that the appointed authorities under SL 1983-134, Section 2, as amended by the act, are directed to make their respective appointment to the Commission as soon as practical. Provides that members appointed under the statute will serve for a two-year term beginning July 1, 2016. Directs that, at its first meeting, the Commission must organize itself as provided in Section 4 of SL 1983-134, as amended by the act.

    Section 3

    Provides that all projects currently appropriated from one of the two accounts in the capital reserve fund created pursuant to SL 1983-134 carry forward and remaining balances roll forward to the Public School Capital Needs Fund managed by the Commission. Provides that all other sales taxes and other school capital funds are not under control of the Commission and will continue to be appropriated on the required pro rata basis and recorded in separate funds.


  • Summary date: May 19 2016 - More information

    Repeals SL 1983-134, which established the Buncombe School Capital Fund Commission. Effective January 1, 2017.

    Creates the School Capital Fund Commission (Commission) for Buncombe County. Establishes that the Commission is a corporation with perpetual succession and the associated rights of a corporation.

    Provides that the Commission is to consist of five appointed members, as specified, to serve staggered four-year terms. Bars an individual from serving more than two terms. 

    Requires the first meeting of the Commission to be held within 90 days after the ratification of the act, where officers are to be appointed and bylaws adopted.

    Sets out provisions for the appointment by the Commission of a chairman, vice-chairman, secretary, finance officer, and attorney.

    Creates a capital reserve fund, consisting of the funds specified. Requires all funds in the capital reserve fund to be used to finance public school capital construction and public school improvement and renovation projects in Buncombe County or to retire the indebtedness incurred by the county or a local school board for those purposes. Sets out provisions for the appropriation and disbursement of the moneys in the capital reserve fund.

    Sets out provisions for the costs of the Commission.

    Provides that the capital reserve fund created under SL 1983-134, Section 9, will constitute the capital reserve fund created by this act. Dissolves the two accounts in the previous fund and directs that the moneys in the accounts are to remain in the capital reserve fund to be expended as provided in this act. Sets out provisions for dealing with any outstanding debt incurred prior to the effective date of the act.

    Sets out provisions creating staggered terms for Commission members.

    Requires the local governing board and the school boards to make their initial appointments to the Commission no later than September 30, 2016, and the four initial appointees to the Commission must make their initial appointment no later than December 31, 2016.


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