North Carolina General Statutes 159-7. Short title; definitions; local acts superseded
(a) This Article may be cited as “The Local Government Budget and Fiscal Control Act.”
(b) The words and phrases defined in this section have the meanings indicated when used in this Article, unless the context clearly requires another meaning.
(1) “Budget” is a proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year.
Terms Used In North Carolina General Statutes 159-7
- Budget: is a proposed plan for raising and spending money for specified programs, functions, activities or objectives during a fiscal year. See North Carolina General Statutes 159-7
- City: includes towns and incorporated villages. See North Carolina General Statutes 159-1
- Commission: means the Local Government Commission. See North Carolina General Statutes 159-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- 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. See North Carolina General Statutes 159-7
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- local government: is a municipal corporation that is not subject to the State Budget Act (Chapter 143C of the N. See North Carolina General Statutes 159-7
- 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 N. See North Carolina General Statutes 159-7
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) “Budget ordinance” is the ordinance that levies taxes and appropriates revenues for specified purposes, functions, activities, or objectives during a fiscal year.
(3) “Budget year” is the fiscal year for which a budget is proposed or a budget ordinance is adopted.
(4) “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 N.C. Gen. Stat. accruing within a fiscal year.
(5), (6) Repealed by Session Laws 1975, c. 514, s. 2.
(7) “Fiscal year” is the annual period for the compilation of fiscal operations, as prescribed in N.C. Gen. Stat. § 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 N.C. Gen. Stat.) 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 N.C. Gen. Stat.) and that has the power to levy taxes, including a consolidated city-county, as defined by N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 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.
(c) 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.
(d) 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.
(e) A unit of local government that creates a public authority or unit subject to this Article must notify the Commission of its creation. A public authority or unit subject to this Article, by whatever means created, must notify the Commission within 60 days of its creation and include in its notification all of the following:
(1) Name.
(2) Governance structure.
(3) Any other information requested by the Commission. (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); 2022-53, s. 8.)