FINES AND FORFEITURE/PAYMENT TO SCHOOLS.

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View NCGA Bill Details2023-2024 Session
House Bill 646 (Public) Filed Monday, April 17, 2023
AN ACT TO DIRECT EXCESS RECEIPTS IN THE CIVIL PENALTY AND FORFEITURE FUND TO BE TRANSFERRED TO THE SCHOOL TECHNOLOGY FUND IN THE SAME FISCAL YEAR AND ANY CAPITAL FUNDS FOR SCHOOL TECHNOLOGY TO BE USED TOWARD PAYMENT OF THE 2019 COURT JUDGMENT ON CIVIL PENALTIES, FINES, AND FORFEITURES AND TO DIRECT THE LEGISLATIVE RESEARCH COMMISSION TO STUDY WAYS TO SATISFY THE REMAINDER OF THE JUDGMENT.
Intro. by Everitt, Gill.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 18 2023)

Bill History:

H 646

Bill Summaries:

  • Summary date: Apr 17 2023 - View Summary

    Identical to S 107, filed 2/14/23.

    Includes whereas clauses. 

    Amends GS 115C-457.3, adding a new subsection to direct any amount of funds in excess of legislative appropriations for a fiscal year in the Current Operations Appropriations Act for the Civil Penalty and Forfeiture Fund to be transferred to the School Technology Fund in the same fiscal year in which the excess funds are collected. 

    Directs the Department of Public Instruction (DPI) to allocate these funds to local school administrative units on a per pupil basis to be credited toward the remaining judgement in the specified case until the judgement is satisfied. Requires DPI to send written notice to the NC School Boards Association (a party in the specified case) upon the transfer of excess funds as provided in GS 115C-457.3, as amended. 

    Directs that in any fiscal year funds are legislatively appropriated from a source other than the Civil Penalty and Forfeiture Fund for capital improvements for school technology for local school administrative units, the funds must be credited toward the same identified judgement until the judgement is satisfied. Directs DPI to send written notice to the NC School Boards Association within 60 days after the end of each fiscal year of any funds credited toward the remaining judgement. 

    Directs the Legislative Research Commission to study the ways the State must satisfy the remainder of the judgement in the identified case, including sources of funding to satisfy the judgement and the time line for payments to be made within a 10-year period. Directs the LRC to report to the 2023 NCGA by March 15, 2024.