North Carolina § 159-7 - Short title; definitions; local acts superseded.

§ 159-7. Short title; definitions; local acts superseded.

This Article may be cited as "The Local Government Budget and Fiscal Control Act." The words and phrases defined in this section have the meanings indicated when used in this Article, unless the context clearly requires another meaning. "Budget" is a proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year. "Budget ordinance" is the ordinance that levies taxes and appropriates revenues for specified purposes, functions, activities, or objectives during a fiscal year. "Budget year" is the fiscal year for which a budget is proposed or a budget ordinance is adopted. "Debt service" is the sum of money required to pay installments of principal and interest on bonds, notes, and other evidences of debt accruing within a fiscal year, to maintain sinking funds, and to pay installments on debt instruments issued pursuant to Article 7A of this Chapter or Chapter 159G of the General Statutes accruing within a fiscal year. , (6) Repealed by Session Laws 1975, c. 514, s. 2. It is the intent of the General Assembly by enactment of this Article to prescribe for local governments and public authorities a uniform system of budget adoption and administration and fiscal control. To this end and except as otherwise provided in this Article, all provisions of general laws, city charters, and local acts in effect as of July 1, 1973 and in conflict with the provisions of Part 1 or Part 3 of this Article are repealed. No general law, city charter, or local act enacted or taking effect after July 1, 1973, may be construed to modify, amend, or repeal any portion of Part 1 or Part 3 of this Article unless it expressly so provides by specific reference to the appropriate section. Except as expressly provided herein, this Article does not apply to school administrative units. The adoption and administration of budgets for the public school system and the management of the fiscal affairs of school administrative units are governed by the School Budget and Fiscal Control Act, Chapter 115, Article 9. However, this Article and the School Budget and Fiscal Control Act shall be construed together to the end that the administration of the fiscal affairs of counties and school administrative units may be most effectively and efficiently administered. (7) "Fiscal year" is the annual period for the compilation of fiscal operations, as prescribed in G.S. 159-8(b). (8) "Fund" is a fiscal and accounting entity with a self-balancing set of accounts recording cash and other resources, together with all related liabilities and residual equities or balances, and changes therein, for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations. (9) Repealed by Session Laws 1975, c. 514, s. 2. (10) "Public authority" is a municipal corporation (other than a unit of local government) that is not subject to the State Budget Act (Chapter 143C of the General Statutes) or a local governmental authority, board, commission, council, or agency that (i) is not a municipal corporation, (ii) is not subject to the State Budget Act, and (iii) operates on an area, regional, or multi-unit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government. (11) Repealed by Session Laws 1975, c. 514, s. 2. (12) "Sinking fund" means a fund held for the retirement of term bonds. (13) "Special district" is a unit of local government (other than a county, city, town, or incorporated village) that is created for the performance of limited governmental functions or for the operation of a particular utility or public service enterprises. (14) "Taxes" do not include special assessments. (15) "Unit," "unit of local government," or "local government" is a municipal corporation that is not subject to the State Budget Act (Chapter 143C of the General Statutes) and that has the power to levy taxes, including a consolidated city-county, as defined by G.S. 160B-2(1) , and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. (16) "Vending facilities" has the same meaning as it does in G.S. 111-42(d) , but also means any mechanical or electronic device dispensing items or something of value or entertainment or services for a fee, regardless of the method of activation, and regardless of the means of payment, whether by coin, currency, tokens, or other means. History (1927, c. 146, ss. 1, 2; 1955, c. 724; 1971, c. 780, s. 1; 1973, c. 474, ss. 3, 4; 1975, c. 437, s. 12; c. 514, s. 2; 1981, c. 685, s. 1; 1983 (Reg. Sess., 1984), c. 1034, s. 173; 1987, c. 282, ss. 30, 31; c. 796, s. 3(1); 1989, c. 756, s. 3; 1995, c. 461, s. 9; 2006-203, s. 125; 2020-3, s. 4.30(d).) Local Modification. - Scotland: 1979, c. 187; (As to Article 3) city of Northwest: 1993, c. 222, s. 3 (fiscal year 1993-94); (As to Article 3) town of Archer Lodge: 2009-466, s. 2; town of Arlington: 2001-16, s. 6(b) (for fiscal year 2001-2002); (As to Article 3 for fiscal year 2007-2008 only) town of Butner: 2007-269, s. 1.1; (As to Article 3 for fiscal year 2011-2012 only) town of Castle Hayne: 2011-166 (effective upon certification of election results as to incorporation); (As to Article 3) town of Cedar Point: 1987 (Reg. Sess., 1988), c. 1005; town of Dobbins Heights: 1983, c. 658; town of Duck: 2001-394, s. 1 (for fiscal years 2001-2002, 2002-2003); (As to Art. 3) town of Eastover: 2007-267, s. 1 (for fiscal year 2007-2008 and contingent on preclearance under s. 5 of the Voting Rights Act); (As to Article 3) town of Fairview: 2001-428, s. 2 (for fiscal year 2001-2002); (As to Article 3 for fiscal year 2011-2012 only) town of Fontana Dam, 2011-110, s. 1; town of Hampstead: 2007-329, s. 1 (for fiscal year 2007-2008); town of Jonesville: 2001-16, s. 6(b) (for fiscal year 2001-2002); town of Leland: 1989, c. 564, s. 3; town of Lewisville: (As to Article 3) 1991, c. 116 s. 1; town of Midland: 2000-91, s. 2 (for fiscal year 2000-01); (As to Article 3) town of Midway: 2006-37, s. 1; (As to Article 3) town of Millers Creek: 2001-45, s. 2 (for fiscal year 2000-2001); town of Mineral Springs: 1999-175, s. 1 (for fiscal years 1998-1999 and 1999-2000); town of Red Cross: 2002-56, s. 2 (for fiscal years 2001-2003); (As to Article 3) town of Rimertown: 1999-284, s. 2; (As to Article 3 for fiscal year 2011-2012 only) town of Rougemont: 2011-114, s. 1 (effective upon certification of election results as to incorporation); (As to Articles 3 and 19) town of St. James: 1999-241, s. 1; (As to Article 3) town of Sandy Creek: 1987 (Reg. Sess., 1988), c. 1007, s. 3; (As to Article 3) town of Sandyfield: 1993 (Reg. Sess., 1994), c. 729, s. 3 (for fiscal year 1994-95); (As to Article 3) town of Santeetlah: 1987 (Reg. Sess., 1988), c. 1012; (As to Article 3) town of Sawmills: 1987, c. 648; (As to Article 3) town of Spencer Mountain: 2015-45, s. 2(a) (expires June 30, 2019); town of Stokesdale: 1989, c. 488 s. 2; (As to Article 3) town of Swannanoa: 2009-467, s. 1; town of Whisett (As to Article 3): 1991, c. 684; (As to Article 3) village of Marvin: 1993 (Reg. Sess., 1994), c. 641, s. 2; (As to Article 3) village of Sneads Ferry: 2009-431, s. 1; (As to Article 3) village of St. Helena: 1987 (Reg. Sess., 1988), c. 942, s. 2; (As to Part 1 of Article 3) village of Wesley Chapel: 1998-43, s. 2 (for fiscal year 1998-99). Cross References. - As to the Local Government Fiscal Information Act, see G.S. 120-30.41 et seq. Editor's Note. - Chapter 115 , Article 9, referred to in subsection (d) of this section, was repealed by Session Laws 1975, c. 437, s. 1. For present provisions covering the repealed article, see G.S. 115C-422 through 115C-452. Session Laws 2020-3, s. 5, is a severability clause. Effect of Amendments. - Session Laws 2006-203, s. 125, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, in subdivision (b)(10), substituted "State Budget Act (Chapter 143C of the General Statutes)" for "Executive Budget Act (Article 1 of Chapter 143 of the General Statutes)" and "State Budget Act" for "Executive Budget Act"; in subdivision (b)(15), substituted "State Budget Act (Chapter 143C of the General Statutes)" for "Executive Budget Act (Article 1 of Chapter 143 of the General Statutes)"; and, substituted "G.S. 111-42(d), but also means any mechanical or electronic device dispensing items or something of value or entertainment or services for a fee, regardless of the method of activation, and regardless of the means of payment, whether by coin, currency, tokens, or other means" for "G.S. 143-12.1" in subdivision (b)(16). Session Laws 2020-3, s. 4.30(d), effective retroactively to July 1, 2019, substituted "Article 7A of this Chapter or Chapter 159G of the General Statutes" for "Chapter 159G of the General Statutes or Chapter 159I of the General Statutes" in subdivision (b)(4). Legal Periodicals. - For symposium on municipal finance, see 1976 Duke L.J. 1051 (1976). For survey of 1978 constitutional law, see 57 N.C.L. Rev. 958 (1979).