Bill Summary for S 236 (2013-2014)

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Summary date: 

Mar 7 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 236 (Local) Filed Thursday, March 7, 2013
Intro. by Hunt, Apodaca, Brunstetter.

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Bill summary

Enacts new GS 153A-158.1A authorizingcountiesto elect by resolution to assume responsibility for some or all of"owning, siting, acquiring, constructing, equipping, expanding, improving, repairing, and renovating" property that is for use by a specified local school administrative unit (LEA) that is located entirely within the county. Provides that thecounty's authority extends only to the extent thatthe terms and conditions are specified in the board of county commissioners' resolution.Prohibits the LEA from exercising any power over the areas over which the county commissioners have elected to assume authority via resolution. Permits the commissioners to elect to leave the LEA with the responsibility for equipment and for maintenance and repairs in categories or amounts as named in the resolution. Mandates that responsibility for school property that is transferred by resolution under this statute is for a period of no less than 10 years and that the election may be renewed in 10-year increments by subsequent resolution of the commissioners.

Directs the county to consult with the board of education about actions involving the siting, design, construction, equipping, expansion, improvement, or renovation of property for use by an LEA.

Authorizes a county to provide by resolution that any current or future interest in real property or school capital funds vests in the county. Requires that the clerk of the board of commissioners certify the resolution and send it to the clerk of the board of education. Allots 30 days from the entry of the resolution forthe board of education to execute any documents or deeds to complete the transfer under the exact terms as set out in the resolution. Directs the county to pay any costs associated with executing the documents and completing the transfer.

Defines interest in real property and school capital funds as the terms are used in this section. Provides a county issuing a resolution under this section may contract for insurance or leave the current risk management programs operated by the school board in place. Attaches noliability to the county for acts or omissions of school employees in or on school property that is owned, acquired, leased, or improved by the county via a resolution elected under this section.

Provides that any real or personal interest in school property, acquired by a county under this section, is presumed to be for the exclusive use of the LEA for public school purposes and acquisition of property per the provisions of this act does not constitute the exercise of imminent domain and does not entitle the LEA or local board of education to any funds or other consideration for any property acquired or transferred to the county under this section.

Amends GS 115C-207(2) to provide that if a county has assumed ownership of school property, the local board of education canonly permit use of the school property as authorized by the county commissioners. Amends GS 115C-426 to provide that the capital outlay is not to include appropriations for the purposes for which the county has assumed responsibility under proposed GS 153A-158.2.

Assigns responsibility in GS 115C-519 to the clerk of the board of county commissioners for safe keeping for all deeds to school property owned by a county after the deeds are registered.

Makes additional conforming changes toGS Chapter 115Cregarding the authority of county commissionswhich elect toassume responsibility for construction, improvement, ownership, and acquisition of public school property by resolution under proposed GS 153A-158.1A.