Bill Summaries: H200 LGC TOOLKIT III.-AB

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  • Summary date: Feb 23 2023 - View Summary

    Amends GS 153A-82 subdivision (a)(9), GS 159-25 subdivisions (d) and (e), and GS 160A-148 subdivision (a)(9) to update references from Article 10 to Article 11 of GS Chapter 159, and to change “unit letter” to simply “letter.”

    Adds “settlement agreement projects” to the list of projects authorized by ordinances for which information should be included in the budget under GS 159-11(d). Makes clarifying changes to GS 159-13.2. Includes a new definition of “settlement agreement project,” and updates references throughout sections GS 159-13.2, GS 159-26, and GS 159-28 to include “settlement agreement project” among the provisions that are already applicable to capital projects and grant projects.

    Amends GS 159-29 (Fidelity Bonds) subdivision (a)(2) by amending the calculation of the amount of the bond required of a finance officer so that it now the lesser or: (1) $50,000 or (2) an amount equal to 10% of the annually budgeted expenditures of the local government or public authority (was, 10% of the unit's annually budgeted funds), up to a maximum bond amount of $1 million. Sets out provisions for calculating the amount of annually budgeted expenditures. Effective for bonds purchased or renewed on or after January 1, 2023.

    Updates the definition of motor vehicles for purposes of GS 159-148(b)(4), and provides that contracts for the purchase, lease, or lease with option to purchase motor vehicles for the following are subject to Article 8 (Financing Agreements and Other Financing Arrangements): motor vehicles exempt from registration; agricultural or landscaping vehicles and machinery; and heavy equipment.

    Adds “viable utility reserve” to the reserves for which the list of considerations for priority  in evaluating loan or grant application apply under GS 159G-23. Also adds to that list of considerations used by the Division of Water Infrastructure, the assumption of control by the Local Government Commission under Article 11 of GS Chapter 159. Directs the Division of Water Infrastructure to consider multiple county water and sewer districts created under Article 6 of GS Chapter 162A as a single local governmental unit for purposes of a grant from the viable utility reserve under amended GS 159G-31(d). Similarly directs the State Water Infrastructure Authority and the Local Government Commission to consider multiple county water and sewer districts as a single unit for purposes of assessment and identification of distressed units in newly created GS 159G-45(b1).

    Amends GS 159G-36 by limits grants from the viable utility reserve under to one year (was, limit to no more than three consecutive fiscal years), for grants for Provide emergency grants for operating deficits under GS 159-32(d)(6) [appears to intent GS 159G-32(d)(6)].

    Enacts new GS 160A-155.1 (Required training for certain administrators), requiring a city or town administrator to undergo at least six hours of training, upon or within six months of when: (1)  the Local Government Commission takes action against the city or town under Article 11 of GS Chapter 159; (2) the commission identifies a deficiency in complying with GS Chapter 159; (3) the city has an internal control weakness or serious deficiency in its most recent financial audit; or (4) the city is included on the Unit Assistance List published by the Department of State Treasurer. Requires that this training must incorporate fiscal management and the requirements of GS Chapter 159, and lists acceptable providers and a method for verification of training.

    Creates new subsection (d) of GS 160A-850, requiring the Local Government Commission to certify that all requirements for the transfer and dissolution of a city under subdivision (a) of that section are met. Requires that not less than 30 days after the certification, the Commission must submit the certification, the resolution of transfer and dissolution, and legal references to all transfers of real property to the Secretary of State and the Legislative Library.

    Extends the expiration date of SL 2016-45, as amended, which suspended the Charter of the Town of Spencer Mountain, for three years to June 30, 2026.

    Extends the expiration date of SL 2019-29, which suspended the Charter of the Town of Eureka, for two years to June 30, 2026.