Bill Summaries: H 726 WAKE COUNTY COMM. RESP. FOR SCHOOL CONSTR. (NEW).

Tracking:
  • Summary date: Jul 18 2013 - More information

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

    Deletes all the provisions of the previous edition and rewrites the bill to authorize Wake County to assume responsibility for construction, improvement, ownership, and acquisition of public school property.

    Provides that this act applies only to Wake County.

    Enacts new GS 153A-158.1A authorizingcountiesto elect by resolution to assume responsibility for"owning, siting, acquiring, planning, constructing,reconstructing, enlarging,improving, repairing, and renovating" all real 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. Requires the county board of commissioners to hold a public hearing, before adopting the resolution,and toallow any person who wishes to be heard on the resolution to appear. Specifies that the resolution must address (1) whether the county is vesting ownership in real property or school capital funds, or both, currently owned or future acquired in the name of the county; (2) responsibility for insurance of liability; (3) transfer of title to property affected by the resolution; and (4) the date of renewal of the resolution.

    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.

    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.

    Prohibits a local board of education from exercising its authority under GS 115C-531 or GS 115C-532 during the period of the resolution.

    Provides that if a county opts not to renew the resolution, then the title to real property will vest in the local board of education on the renewal date stated in the last adopted resolution unless the property is accompanied by a debt that would prevent transfer of deed title. In such case, the title would vest in the local school board upon satisfaction of the debt. Directs the county to execute any documents or deeds necessary to make the transfer of title to the local board of education within 30 days of failing to renew the resolution. Directs the county to pay the costs of executing the documents and completing the transfer. Provides that if the county fails to renew a resolution, the county is barred from adopting another resolution for at least 12 months.

    Defines interest in real property and school capital funds as the terms are used in this section. 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 eminent 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-158.1A.

    Amends GS 115C-431 to clarify that if a county has assumed responsibility for the ownership, acquisition, construction, and improvement of school property under GS 153A-158.1A, this section does not apply to disputes over capital outlay funds as provided in GS 115C-426(f)(1) and (f)(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.

    Amends GS 115C-521 to require a local board of education to annually submit, concurrent with the submission of the school budget, the needs for school buildings necessary to provide adequate provisions for the public school term, if the county has assumed responsibility for school buildings under GS 153A-158.1A. Provides that when a county has assumed responsibility for school buildingsand there is a dispute between the local board of educationand county commissioners as to whether adequate school buildings have been provided for the publicschool term by the county, the local board of education and county commissioners may resolve the dispute using the mediation process provided in GS 115C-431(a) and (b).

    Conditions a county's acquisition of moveable ormobile classroom units upon receipt of notice from the local board of education thatthe existing permanent school building lacks sufficient classrooms to house the school's anticipated pupil enrollment. Provides for theresolution of any dispute regarding the need for mobile units via the mediation process provided in GS 115C-431(a) and (b).

    Requires the county to insure any school building that it owns.

    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.

    Authorizes Wake County to adopt a resolution under new GS 153A-158.1A to be effective immediately at any regular or special meeting prior to January 1, 2014.

    Changes the long and short titles of this act to reflect the changes to the bill content.


  • Summary date: Apr 11 2013 - More information

    Provides that the nonsupplant requirement under the formula used by the Department of Public Instruction to allocate funds from the low-wealth counties supplemental funding allotment does not apply to counties designated as Tier 1 or 2. Applies to the 2013-14 fiscal year only.

    Provides that beginning with the 2014-15 fiscal year, a county in which a local school administrative unit receives funds under the low-wealth counties supplemental funding allotment must use the funds to supplement local current expense funds and not supplant local current expense funds. Prohibits the State Board of Education (SBoE) from allocating funds under this allotment to a county found to have used these funds to supplant local per student current expense funds. Requires the SBoE to find that a county has used these funds to supplant local current expense funds in the prior year, or the year for which the most recent data are available, if the following apply: (1) the current expense appropriation per student of the county for the current year is less than 85% of the average of the local current expense appropriations per student for the three prior fiscal years and (2) the county cannot show that it has remedied the deficiency in funding; or that extraordinary circumstances caused the county to supplant local current expense funds with funds allocated under this allotment.

    Requires the Joint Legislative Education Oversight Committee to study the formulas for allocating low-wealth counties supplemental funding and lottery funds for school construction projects. Requires a report to the 2013 General Assembly when it reconvenes in 2014.

    Effective July 1, 2013.


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