Richmond Cnty. Bd. of Educ. v. Cowell

DILLON, Judge.

*117 I. Background

The question presented in this appeal is whether N.C. Gen.Stat. § 7A-304(a)(4b) violates Article IX, Section 7(a) of the North Carolina Constitution.

Article IX, Section 7(a) mandates that the "clear proceeds" of all fines, penalties and forfeitures collected for the breach of the penal laws of the State "shall belong to" the counties and be "used exclusively for maintaining" our public schools. N.C. Const. art. IX, § 7 (a) (2011).

N.C. Gen.Stat. § 7A-304(a)(4b) requires that individuals convicted of an improper equipment offense under our motor vehicle laws pay a…