Local Government Law Bulletin #108

Discusses the constitutional provision at issue in North Carolina School Boards Association v. Moore, a landmark North Carolina Supreme Court decision that resulted in a $120 million budget allocation to the public schools from the state's Civil Penalty and Forfeiture Fund, and the precedent that guided the court's analysis. It also examines the procedural history of the case as well as the implications of the court's decision. Finally, the bulletin addresses whether the clear proceeds of certain penalties imposed by local governments pursuant to the Machinery Act are also allocable to public schools under the Article IX, Section 7, provisions.