House committee substitute makes the following changes to the 1st edition. Amends proposed GS 115C-452(b) to provide that one-half (was, all) of the clear proceeds of all penalties and forfeitures and of all fines collected in the General Court of Justice in Wake County in specified types of cases are to be remitted by the clerk of the superior court to the Department of Public Instruction for distribution to local school administrative units across the state and specifies that the distribution is to be based on average daily membership. Requires the Department of Public Instruction (was, clerk of superior court) to determine what portion of the total is due to each local school administrative unit in the state. Amends the act's title.
Bill H 497 (2013-2014)Summary date: May 2 2013 - More information
Bill H 497 (2013-2014)Summary date: Apr 2 2013 - More information
Current law provides that the clear proceeds of all penalties, forfeituresand fines collected in the General Court of Justice in each county areremitted by the clerk of superiorcourt of that countyto the county finance officer,and apportioned based on projected average daily membership (ADM)bythe county finance officerto the finance officer of each local school administrative unit (LEA) in that county.
Amends GS 115C-452 to create an exception to current law in cases in which (1) the criminal offense was committed in multiple counties, and (2) the AttorneyGeneral prosecutedthe case in Wake County as required by law. Provides that the clear proceeds of all penalties, forfeitures, and fines collected in those cases be distributed to LEAs across the state and authorizes the clerk of superior court to determine what portion of the total collected is due to each LEA. Directs the clerk of superior court to remit the appropriate amount to the finance officer of each LEA.
Makes a conforming change to GS 7A-304(d)(1).
Effective July 1, 2013 and applies to the clear proceeds of penalties, forfeitures, and fines collected on or after that date.