DAMAGES FOR LATE PAYMENT OF MONIES/CHARTERS. (NEW)

View NCGA Bill Details2015-2016 Session
Senate Bill 211 (Public) Filed Tuesday, March 10, 2015
AN ACT TO PROVIDE FOR DAMAGES WHEN FUNDS ARE NOT TRANSFERRED WITHIN REQUIRED TIME LINES BETWEEN LOCAL SCHOOL ADMINISTRATIVE UNITS AND CHARTER SCHOOLS.
Intro. by Tillman.

Status: Re-ref Com On Judiciary I (House Action) (Jun 2 2015)

SOG comments (1):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO PROVIDE FOR A MONETARY PENALTY WHEN FUNDS ARE NOT TRANSFERRED WITHIN REQUIRED TIME LINES BETWEEN LOCAL SCHOOL ADMINISTRATIVE UNITS AND CHARTER SCHOOLS.

S 211

Bill Summaries:

  • Summary date: Apr 28 2015 - More information

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

    Amends GS 115C-218.105(e) to award court costs and attorneys' fees (was, attorneys' fees and costs) to the prevailing party in a dispute as to the timeline under which the funds should have been transferred between local school administrative units and charter schools. Also provides that the court is to award liquidated damages in an amount equal to 5% (was, a penalty of 5% of the monies that should have been transferred) of the monies that should have been transferred under subsection (c) of GS 115C-218.105 as compensation for administrative expenses incurred by the prevailing party due to the monies being unavailable. Directs the court to order that any delinquent funds, court costs, fees, liquidated damages (was, penalty, and interest) be paid to the prevailing party in equal installments within no more than one year from the entry of judgment.

    Amends both the long and short title of this act.


  • Summary date: Mar 10 2015 - More information

    Current law provides for state and local funds for charter schools and directs the local school administrative unit in which a child resides to transfer an amount that is equal to the per-pupil share allocated to the local unit for that child to the charter school that the child attends, within 30 days of receipt of the money by the local unit into the local current expense fund.

    Amends GS 115C-218.105 to provide for a 5 percent penalty paid to the prevailing party in a dispute as to the timeline under which the funds should have been transferred. Applies to any actions filed on or after the date this act becomes law.


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