AN ACT TO INCREASE COMPLIANCE BY COUNTIES AND MUNICIPALITIES THAT FAIL TO TIMELY SUBMIT AN ANNUAL AUDIT REPORT. SL 2023-59. Enacted June 27, 2023. Section 1 is effective January 1, 2024, and applies to audits for fiscal years ending on or after June 30, 2023. The remainder is effective June 27, 2023.
REIMBURSE LATE AUDIT COSTS WITH SALES TAX REV.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO INCREASE COMPLIANCE BY COUNTIES AND MUNICIPALITIES THAT FAIL TO TIMELY SUBMIT AN ANNUAL AUDIT REPORT.Intro. by Barnes, Johnson.
Bill History:
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Mon, 13 Mar 2023 Senate: Filed
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Tue, 14 Mar 2023 Senate: Passed 1st Reading
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Tue, 14 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 17 Apr 2023 Senate: Withdrawn From Com
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Tue, 25 Apr 2023 Senate: Reptd Fav
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Tue, 25 Apr 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 26 Apr 2023 Senate: Reptd Fav
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Thu, 27 Apr 2023 Senate: Passed 2nd Reading
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Thu, 27 Apr 2023 Senate: Passed 3rd Reading
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Tue, 2 May 2023 Senate: Regular Message Sent To House
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Tue, 2 May 2023 House: Regular Message Received From Senate
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Wed, 3 May 2023 House: Passed 1st Reading
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Mon, 22 May 2023 House: Withdrawn From Com
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Wed, 7 Jun 2023 House: Reptd Fav
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Wed, 7 Jun 2023 House: Reptd Fav
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Wed, 7 Jun 2023 House: Cal Pursuant Rule 36(b)
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Wed, 7 Jun 2023 House: Added to Calendar
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Wed, 7 Jun 2023 House: Passed 2nd Reading
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Wed, 7 Jun 2023 House: Passed 3rd Reading
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Wed, 7 Jun 2023 House: Ordered Enrolled
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Thu, 8 Jun 2023 Senate: Ratified
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Fri, 9 Jun 2023 Senate: Pres. To Gov. 6/9/2023
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Mon, 19 Jun 2023 Senate: Vetoed 06/19/2023
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Tue, 20 Jun 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 20 Jun 2023 Senate: Withdrawn From Com
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Tue, 20 Jun 2023 Senate: Placed on Today's Calendar
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Tue, 20 Jun 2023 Senate: Veto Overridden
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Wed, 21 Jun 2023 House: Veto Received from Senate
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Wed, 21 Jun 2023 House: Referred To Rules, Calendar, and Operations of the House
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Wed, 21 Jun 2023 House: Withdrawn From Com
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Wed, 21 Jun 2023 House: Placed On Cal For 06/28/2023
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Thu, 22 Jun 2023 House: Withdrawn From Cal
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Thu, 22 Jun 2023 House: Placed On Cal For 06/27/2023
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Tue, 27 Jun 2023 House: Veto Overridden
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Tue, 27 Jun 2023 Senate: Ch. SL 2023-59
Bill Summaries:
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Bill S 299 (2023-2024)Summary date: Jun 27 2023 - View Summary
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Bill S 299 (2023-2024)Summary date: Jun 19 2023 - View Summary
The Governor vetoed the act on June 19, 2023. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2023/6260/0/S299-BILL-NBC-10917.
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Bill S 299 (2023-2024)Summary date: Mar 13 2023 - View Summary
Amends GS 159-34 (pertaining to annual independent audits under the Local Government Budget and Fiscal Control Act [Act]) to enact four new subsections GS 159-34(e)-(h), effective January 1, 2024, to apply for audits for fiscal years ending on or after June 30, 2023. Requires the Secretary of the Local Government Commission (Secretary) to send a notice of noncompliance to counties or municipalities who did not comply with the Act’s audit requirements within 30 days following nine months after the county or municipality’s fiscal year’s end. Details notice content. Specifies that a county or municipality that fails to comply with the notice of noncompliance and to complete the annual required audit within 12 months of its fiscal year end is deemed to have given consent to the withholding of a portion of its sales tax distributions. Limits the total cumulative amount that may be withheld to an amount equal to 150% of the cost of the required annual audit as indicated in the audit contract between the county or municipality and its external auditor for the audit report, if such a contract has been executed, or 150% of the actual fee for the most recently filed audit report if a contract has not been executed for the current year audit.
Requires the Secretary of Revenue to withhold from the county or municipality's distribution under GS 105-486 (first 1/2 cent of local government sales and use taxes), and from the county or municipality's distribution under GS 105-501 (additional sales and use tax distributions) if necessary, the amount required to be withheld upon written notification to do so from the Secretary. Requires the notifications to be made on a quarterly basis and to include the total amount to be withheld. Specifies the amount to be withheld is 5% of one-twelfth of the county or municipality's annual general fund budget as it was adopted at the beginning of the fiscal year in which the withholding begins until the total cumulative withholding amount is reached. Requires the Secretary of Revenue to begin withholding from the county or municipality's first distribution of sales and use tax that is at least 45 days after they receive notification from the Secretary.
Provides for an appeal process by a county or municipality upon receipt of a notice of noncompliance. Authorizes the Local Government Commission (Commission) to establish guidelines for a successful appeal. Requires the Commission to delay withholding of any sales tax if the county or municipality appeals the notice before withholding occurs. If the county or municipality appeals after the Secretary takes action to withhold sales tax, the Secretary must notify the Secretary of Revenue to release any funds withheld if the Commission determines that the county or municipality has provided sufficient evidence that the failure to provide a copy of their annual audit report is due to circumstances within the guidelines established by the Commission. If a locality is in compliance or their appeal is successful, requires that the Secretary notify the Secretary of Revenue to release the funds with 30 days of the determination of compliance or after the completion of appeal. Requires the Department of Revenue to release the funds within 45 days of the earlier of the following (1) two years from the date of notification that the funds be withheld or (2) the date the Secretary of Revenue received notification that the locality was in compliance or the appeal was successful.
Requires the Commission to establish and make available the guidelines specified above. Permits the Commission to release the guidelines before January 1, 2024, but specifies that the guidelines do not take effect until then.