North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S299

Introduced
3/13/23  
Refer
3/14/23  
Refer
4/17/23  
Report Pass
4/25/23  
Refer
4/25/23  
Report Pass
4/26/23  
Engrossed
5/2/23  
Refer
5/3/23  
Refer
5/22/23  
Report Pass
6/7/23  
Refer
6/7/23  
Report Pass
6/7/23  
Enrolled
6/7/23  
Vetoed
6/19/23  
Refer
6/20/23  
Chaptered
6/27/23  
Override
6/27/23  

Caption

Reimburse Late Audit Costs with Sales Tax Rev

Impact

The implementation of S299 means that local governments will face stricter accountability measures related to financial reporting. The urgency placed on submitting annual audit reports within nine months, followed by further compliance checks within a year, places an emphasis on financial transparency and accountability. The bill's provisions for sales tax withholding act as a mechanism to ensure local governments prioritize auditing processes and compliance, fundamentally altering how these entities manage their financial obligations.

Summary

Senate Bill 299 (S299) aims to enhance compliance among counties and municipalities in North Carolina regarding the timely submission of annual audit reports. The bill introduces a system whereby local governments that fail to submit their audit reports within a specified timeframe will receive a notice of noncompliance from the secretary. If they do not address the noncompliance within a year after their fiscal year-end, they will face the withholding of a portion of their sales tax distributions, calculated based on the costs associated with the audit. This serves as a financial incentive for timely compliance with auditing requirements.

Sentiment

The sentiment surrounding S299 appears generally supportive among legislative members advocating for accountability and transparency in local government finances. Proponents argue that such measures are necessary to prevent mismanagement of public funds and to ensure that local governments adhere to standardized financial practices. However, there are concerns about the potential ramifications for local governments that may struggle with the logistics of timely audits or face genuine challenges that could hinder compliance. This reflects a balancing act between enhancing financial diligence and recognizing the practical capabilities of local entities.

Contention

One notable point of contention relates to the stringent nature of the penalties prescribed in the bill. Critics argue that withholding sales tax distributions can disproportionately impact local governments that might already be facing financial hardships, thus exacerbating fiscal challenges rather than alleviating them. Additionally, there are apprehensions regarding the fairness and clarity of the guidelines that the Local Government Commission will establish for assessing appeals against noncompliance notices. The concerns hinge on whether these guidelines will be adequately defined and accessible to ensure fair treatment for all local entities when contesting penalty actions.

Companion Bills

No companion bills found.

Previously Filed As

NC H593

Local Government Audits

NC HB2029

Relating to audits of claims for reimbursement of the costs of behavioral health treatment; prescribing an effective date.

NC HB292

State Department of Assessments and Taxation – Local Reimbursement for Administration Costs – Alterations

NC SB122

State Department of Assessments and Taxation - Local Reimbursement for Administration Costs - Alterations

NC HB0292

State Department of Assessments and Taxation – Local Reimbursement for Administration Costs – Alterations

NC SB683

Relating to land sales by Auditor

NC HF2474

A bill for an act relating to reimbursement for certain audit expenses to the auditor of state.

NC H1116

Relative to sales tax reimbursement

NC H4305

Wellness reimbursement program

NC SB3115

Sales tax; authorize levy of additional 1% by counties within the metropolitan planning area of an MPO.

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