AG 2001 11 19 - Laserfiche WebLink

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If the Funds derived from thc facilities Fcc exceed what is necdcd for thc a_bovc stated purposes, the county or municipality may, with the approvoI of' the Administrative Officer of the Cour s ~ to th amount, .usc Qn¥ or ;~ll of the excess; - to retire outstanding indebtedness incurred in the construction of the Facilities; or to supplement thc operations of the General Court of Justice in the county. Note: As thc facilities fees are collected by the State, thereby constituting State funds, the General Assembly has authority to authorize use of some of those funds "to supplement the operations of the General Court of Justice." However, as a matter of practice, it is the vlcw of the Administrative Officer of thc: Courts that facilities Fee revenue should ordinarily be used For its basic purposes; that is, to assist local governments in providing building Facilities and furniture for the courts and related personncl. If the funds are not needed for these purposes during the current year, they eau be retained in reserve to finance a major expenditure ['or building space needs in a future year. Questions .4nd Answers Concerning Specific Expenditures From time to time, various questions have arisen concerning specific expenditures from the facilities fee revenue fund of a county or municipality. For future guidance, these questions with our response are set Forth below: May rental payments for privately-owned space leased for the use of thc courts or court-related personnel be made from the facilities fee Fund? Responsc: Yes. This would be, in our opinion, an authorized use of facility £ce revenue. A county or municipality may provide si)ace for the courts and court-related personnel in a local government-owned building or in a privately-owned leased building. May a county charge rental payments against the facilities fee Fund for space occupied by court personnel in thc courthouse or other county-owned building? Response: No. In our opinion, a local government is not authorized to pay itself rent from the facilities Fee Fund for space occupied by court Functions in a building owned by the local government. Is it appropriate, in reporting expenditures from the facilities fee fund, to report a negative balance? Response: No. Thc county or mun~c~pahty has thc basic legal responsibility to fund building facilities and furniture for the courts from local funds, and facility fee revenue assists in this responsibility. If Facilities fee revenue is not sufficient to cover all such necessary expenditures in a given year, any additional amounts required arc furnished from local revenues. There is no legal basis to carry forward a "negative balance" in the Facilities fee fund as the statute docs not authorize use of this revenue to cover "deficits" incurred in a prior year. May the costs of floor mats and waste paper baskets for judicial offices be paid out of the facilities fee fund? Response: Yes. In our opinion, these are items of furniture and G.S. 7A- 304(a)(2) authorizes expenditures from the facilities fee fund for furniture.