MUNICIPAL OMNIBUS BILL.

View NCGA Bill Details2019-2020 Session
House Bill 557 (Public) Filed Tuesday, April 2, 2019
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS AFFECTING MUNICIPALITIES.
Intro. by Ross, Adcock.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Jun 26 2019)
H 557

Bill Summaries:

  • Summary date: Jun 26 2019 - More information

    House amendment #2 to the 3rd edition makes the following changes to amendment #1 to the 3rd edition.

    Modifies GS 143B-135.56(b)(2) to amend the allocation of funds in the Parks and Recreation Trust Fund to require that 30% be used for local park and recreation purposes to provide matching funds to local governmental units or public authorities on a dollar-for-dollar basis (previously, restricted this match alone to local park and recreation purposes), to local governmental units identified as a tier one area, or to a local governmental unit located within a tier one area.


  • Summary date: Jun 25 2019 - More information

    House amendment to the 3rd edition makes the following changes. 

    Makes clarifying changes to GS 143B-135.56(b)(2). Changes the effective date of the changes to GS 143B-135.56(b)(2) from July 1, 2019, to January 1, 2020. 


  • Summary date: Jun 19 2019 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Makes technical changes to GS 105-373. Amends GS 105-472(b) by no longer specifying in which month the county board of commissioners must adopt the resolution to determine which method of tax proceed distribution will be used in the next succeeding fiscal year. Requires that notice be given to the affected municipalities by February 15 in the year of the change (was, December 15 in the year of adoption of the resolution) and for copies of the notice to be submitted to the Secretary of Revenue when the board of county commissioners changes the method of distribution from the prior fiscal year; otherwise the change will not become effective. 

    Deletes the changes to GS 160A-497, senior citizen programs, which lowered the age to qualify as a senor citizen under the statute. 


  • Summary date: May 22 2019 - More information

    House committee substitute makes the following changes to the 1st edition.

    Section 1

    Removes the effective date provision accompanying the proposed changes to GS 105-373, which allows the governing body of a taxing unit to, in its discretion, relieve the tax collector of taxes owed that are ten or more years past due when it appears to the governing body that such taxes are uncollectable, now providing that the changes are effective on the date the act becomes law (was, effective for taxable years beginning on or after January 1, 2019). Makes conforming organizational changes.

    Section 6

    Deletes the proposed changes to GS 160A-58.1, concerning a petition for annexation. Modifies the proposed changes to GS 160A-31, concerning annexation by petition, and GS 160A-58.7, concerning annexation of municipal property, by maintaining existing law that states that a municipality has no legal interest in a state-maintained street unless it owns the underlying fee and not just an easement (previously eliminated). Further modifies the proposed changes to GS 160A-31 and GS 160-58.7, and amends GS 160A-58.2, concerning public hearings on a petition for annexation, now providing that a municipality can include in an annexation ordinance adopted pursuant to the statutes in a description of the area to be annexed any adjacent public streets rights-of-way (was, any State-maintained street, street rights-of-way, or easement in GS 160A-31 and GS 160-58.7).


  • Summary date: Apr 2 2019 - More information

    Identical to S 504, filed 4/2/19.

    Amends GS 105-373 by allowing the governing body of a taxing unit to, in its discretion, relieve the tax collector of taxes owed that are ten or more years past due when it appears to the governing body that such taxes are uncollectable. Effective for taxable years beginning on or after January 1, 2019.

    Amends GS 105-472 to require the board of county commissioners in each taxing county to adopt a resolution in November (was, April) of each year that determines which of the methods of tax distribution (per capita or ad valorem) will be in effect during the next succeeding fiscal year. Adds that if the method of distribution is changed from the prior fiscal year, then the change does not become effective unless written notice is provided to the affected municipalities before December 15 in the year of the adoption of the resolution and copies of the notice are submitted to the Secretary of Revenue. Applies to resolutions determining the method of distribution adopted on or after the date that the act becomes law.

    Amends GS 75-41, concerning contracts with automatic renewal clauses, by adding that nothing in the statute creates liability for any public officer or employee of a political subdivision of the State for disbursement of public funds pursuant to a contract rendered void under (e), which provides that a violation of the statute renders the automatic renewal clause void and unenforceable. 

    Amends GS 143B-135.56 to amend the allocation of funds in the Parks and Recreation Trust Fund to require that 30% be used to provide matching funds to local governmental units or public authorities on a dollar-for-dollar basis for local park and recreation purposes, to local governmental units identified as a tier one area, or to a local governmental unit located within a tier one area (was, only to local governmental units or public authorities on a dollar-for-dollar basis for local park and recreation purposes). Applies to allocations on or after July 1, 2019.

    Amends GS 157-3, which sets out the definitions for use in the Housing Authorities Law by amending the definition of housing project to include the specified types of property and facilities that are acquired or constructed pursuant to a single plan or undertaking (in addition to the other specified purposes) to provide safe and sanitary housing for persons of low income, or moderate income, or low and moderate income, through payment of either or both of rent subsidies and relocation assistance (was, to provide safe and sanitary housing for persons of low income through payment of rent subsidies) from any source. Makes additional clarifying changes.

    Amends GS 160A-497, concerning city or county programs for senior citizen assistance by defining senior citizen to mean citizens who are at least 55 (was, 60) years old.

    Amends GS 160A-31, concerning annexation by petition; GS 160A-58.1, concerning a petition for annexation; and GS 160A-58.7, concerning annexation of municipal property by adding that the city council may include in the annexation ordinance a description of the area to be annexed any state-maintained street, street right-of-way, or easement. Deletes the provisions stating that a municipality has no legal interest in a state-maintained street unless it owns the underlying fee and not just an easement. 

    Amends GS 160A-536 by providing that in addition to the requirements listed in (d) of the statute, if the city enters into a contract with any person or entity other than its own forces or another governmental agency (was, enter into a contract with a private agency) for a service district, then the city must comply with the five listed requirements. Makes conforming changes to those requirements by replacing references to a "private agency" with "person or entity other than its own forces or another governmental agency."

    Amends GS 162A-211 by adding that revenue from system development fees calculated using the combined cost method may be expended for previously completed capital improvements for which capacity exists and for capital rehabilitation projects.


Printer-friendly: Click to view