SB 131 — Temp. Local Sales Tax Changes/Buncombe Co.

The finance officer for BuncombeCountyshall bethefinanceofficerof theCommission.

Thecounty finance officer shall give bond for the faithful performance of his duties as the finance officer of the Commission in an amount determined by the Commission.

The finance officer of the Commission shall manage the funds of the Commission onlyas directed bythe Commission.

The Commission may select and appoint an attorney of the Commission to serve at the pleasure of the Commission.

The Commission may fix the compensation for the attorney.

"Sec.

5.

Regular or stated meetings of the Commission shall be held at such time and place as may be provided by the Commission in its bylaws or rules and regulations, and special meetings may be held on the call of the chairman after due notice.

"Sec.

6.

One half One-half of any local government sales and use tax revenue distributed to Buncombe County under G.S.

105-472 shall be paid to the Commission by the Secretary of Revenue;

provided that if distribution of the local government sales and use tax revenue is made under G.S.

105-472(2), (the ad valorem method), then taxing districts shall receive their funds under G.S.

105-472(2) as if no funds had been paid to the Commission by the Secretary of Revenue, and in computing what amount is one-half of the sales and use tax revenue, the Secretary of Revenue shall not reduce the total by the amount to be distributed to the taxing districts.

This section does not affect the distribution of any local or State sales and use tax revenue to the municipalities in Buncombe County.

Page 2 Senate Bill 131-Second Edition General Assembly Of North Carolina Session 2025 "Sec.

7.

Repealed by Section 1 of Session Laws 2016-19, effective June 21, 2016.

"Sec.

8.

Any other capital funds appropriated by Buncombe County new estimated to cost in excess of one hundred thousand dollars ($100,000) at any one location 10 pursuant to Article 40 and Article 42 of Chapter 105 of the General Statutes shall be apportioned among the Asheville City Board of Education and the Buncombe County Board of Education according to the membership of each unit using the process set forth in G.S.

115C-430.

Buncombe County shall maintain separate internal accounts for each school board in order to comply with this section.

These funds are not under the control of the School Capital Fund Commission.

"Sec.

9.

All funds received by the Commission under Section 6 of this act shall be placed in a capital reserve fund as provided in Part 2 of Article 3 of Chapter 159 of the General Statutes.

The capital reserve fund shall be known as the Public School Capital Needs Fund.

"Sec.

10.

All funds in the Public School Capital Needs Fund shall be used to finance new public school of any amount, construction, to finance public school improvement and renovation projects that exceed one hundred thousand dollars ($100,000), estimated to cost in excess of one hundred thousand dollars ($100,000) at any one location, or to retire any indebtedness incurred by the county after July 1, 1983 for these purposes.

The Commission shall consider the capital needs of both the Buncombe County School System and the Asheville City School System, prioritize those needs, and recommend projects to be funded from the Public School Capital Needs Fund to the board of county commissioners based on the priority of needs determined.

By joint agreement of the Board of County Commissioners and both boards of education, money may be transferred from the account under this section of one board of education to the account under this section of the other board of education, provided that the agreement must require a transfer back of an equal amount of funds at some fixed date in the future, plus a sum to be determined at that date which represents interest which would have accrued on the funds if they had remained in the first account.

"Sec.

11.

Moneys in the Public School Capital Needs Fund shall be subject to appropriation by the board of county commissioners.

The Commission shall disburse such moneys as a ministerial duty upon receiving a written request from the board of county commissioners after thecountyboardofcommissionershas adoptedanordinanceandafterreceipt ofawrittenrequest from the appropriate board of education indicating it is prepared to enter into a contract, and G.S.

115C-521 shall continue to apply.

"Sec.

11.1.

Notwithstanding any other provision of this act, if the Buncombe County Board of Commissioners appropriates any federal revenue sharing funds to the Commission for the purpose of substituting revenue sharing funds for sales tax funds, then it must at the same time appropriate from the Commission to the countyan equal amount of funds received under Section 6 to be used for such purposes as the Board of Commissioners shall deem appropriate and are otherwise authorized by law, provided that such federal revenue sharing funds shall be divided pro rata under Section 10 of this act.

"Sec.

12.

The reasonable and necessary expenses of the Commission, including the compensation of its officers and employees and the cost of any bond required by it, shall be paid by the County of Buncombe.

The chairman of the Commission shall, on or about the first day of each calendar month, certify to the governing body of Buncombe County the expenses of the Commission incurred during the preceding month, and the governing body of the county shall forthwith, and within five days thereafter, cause to be paid to the Commission the expenses required to be paid.

All such payments shall be charged to the general fund of the county." EFFECTIVE DATE SECTION 3.

Except as otherwise provided, this act is effective when it becomes law.

Senate Bill 131-Second Edition Page 3