GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 3
HOUSE BILL 765
Committee Substitute Favorable 4/24/13
Committee Substitute #2 Favorable 5/8/13
Short Title: Jury Instructions for School Budget Dispute. |
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Sponsors: |
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Referred to: |
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April 11, 2013
A BILL TO BE ENTITLED
AN ACT to Clarify and codify jury instructions for a budget dispute between board of education and board of county commissioners.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C-431(c) reads as rewritten:
"(c) Within five
days after an announcement of no agreement by the mediator, the local board of
education may file an action in the superior court division of the General
Court of Justice. The court shall find the facts as to the amount of money
necessary to maintain a system of free public schools, and the amount of money
needed from the county to make up this total. Either board has the right to
have the issues of fact tried by a jury. When a jury trial is demanded, the
cause shall be set for the first succeeding term of the superior court in the
county, and shall take precedence over all other business of the court.
However, if the judge presiding certifies to the Chief Justice of the Supreme
Court, either before or during the term, that because of the accumulation of
other business, the public interest will be best served by not trying the cause
at the term next succeeding the filing of the action, the Chief Justice shall
immediately call a special term of the superior court for the county, to
convene as soon as possible, and assign a judge of the superior court or an
emergency judge to hold the court, and the cause shall be tried at this special
term. The issue submitted to the juryThe judge shall find, or if the
issue is submitted to the jury, the jury shall find shall be what amount
of money is needed from sources under the control of the board of county
commissioners to maintain a system of free public schools.the facts as
to the following in order to maintain a system of free public schools as
defined by State law and State Board of Education policy: (i) the amount of
money legally necessary from all sources and (ii) the amount of money legally
necessary from the board of county commissioners. In making the finding, the
judge or the jury shall consider the educational goals and policies of the
State and the local board of education, the budgetary request of the local
board of education, the financial resources of the county and the local board
of education, and the fiscal policies of the board of county commissioners and
the local board of education.
All findings of fact in the superior court, whether found by the judge or a jury, shall be conclusive. When the facts have been found, the court shall give judgment ordering the board of county commissioners to appropriate a sum certain to the local school administrative unit, and to levy such taxes on property as may be necessary to make up this sum when added to other revenues available for the purpose."
SECTION 2. This act is effective when it becomes law and applies to all actions commenced on or after that date.