Bill Summary for S 314 (2021)

Summary date: 

Aug 18 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 314 (Public) Filed Wednesday, March 17, 2021
AN ACT TO PROVIDE ADDITIONAL TOOLS FOR THE LOCAL GOVERNMENT COMMISSION TO ASSIST LOCAL GOVERNMENT UNITS AVOID AND CORRECT FISCAL DISTRESS THAT REQUIRES THAT THE IMPACT OF CHANGES TO SALES TAX DISTRIBUTION FORMULAS BE DELAYED UNTIL THE FISCAL YEAR FOLLOWING THE INITIAL DECISION; TO MANDATE THAT A STATEMENT FROM THE LOCAL GOVERNMENT COMMISSION BE INCLUDED IN THE PETITION TO THE GENERAL ASSEMBLY WHEN A NEW MUNICIPALITY IS PROPOSED; TO ADD OPTIONAL SOURCES FOR TRAINING FOR FINANCE OFFICERS; TO ALLOW THE LOCAL GOVERNMENT COMMISSION TO MANDATE SPECIALIZED TRAINING FOR CITY AND COUNTY MANAGERS WHEN A UNIT IS EXHIBITING FISCAL DISTRESS; TO ESTABLISH A PROCESS FOR A MUNICIPALITY TO INITIATE A TRANSITION TO RECOVER FROM FINANCIAL DISTRESS; AND TO ESTABLISH A PROCESS FOR THE LOCAL GOVERNMENT COMMISSION TO TRANSFER THE ASSETS, LIABILITIES, AND OTHER OBLIGATIONS AND DISSOLVE MUNICIPALITIES DETERMINED TO BE IN FINANCIAL DISTRESS.
Intro. by McInnis, Johnson, Davis.

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Bill summary

Conference report #2 to the 5th edition makes the following changes.

Makes organizational and clarifying changes to the proposed changes to GS 153A-82 and GS 160A-148 concerning the duty of a county or city manager to receive six hours of education on fiscal management upon the occurrence or within six months following the occurrence of specified events. Makes language gender-neutral. 

Makes organizational changes to now enact the substantive content of proposed Article 31 to GS Chapter 160A as Article 32 instead. Updates statutory cross-references throughout to reflect the renumbering of the statutes of the proposed Article. Regarding instances in which the Local Government Commission exercises its authority to impound the books and records of the city and assume full control of all its financial affairs, either under the new Article or GS Chapter 159, makes changes to refer to cities subject to Part 2 of the Article (Transition Initiation by Local Government Commission) rather than cities determined to be subject to the Part to account for the Commission's alternative authority under GS Chapter 159, to provide for city council authorities and required cooperation. Makes changes throughout Part 2 to refer to a resolution of transfer and dissolution consistently throughout. Revises Part 3 of the Article (Transition Initiated by City) to require a city that has adopted a resolution of intent to dissolve to post a copy of the resolution (rather than the resolution) and the impact statement on its website, if any. 

Eliminates the proposed language replacing the content of GS 161-8 regarding attendance of the register of deeds. 

Changes the act's long title. 

Conference report #1 was withdrawn on 08/04/2021.

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