NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 642

HOUSE BILL 709

 

 

AN ACT TO AMEND CHAPTER 890 OF THE 1967 SESSION LAWS OF NORTH CAROLINA TO INCLUDE THEREIN THE AUTHORITY FOR THE CERTIFIED AGENCY TO COLLECT AN ASSESSMENT BY COURT ACTION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 890 of the Session Laws of 1967 is hereby amended by deleting Sec. 16 and substituting in lieu thereof a new Sec. 16 to read as follows:

"Sec. 16.  Any persons or firm hereinunder assessed shall have the right to demand of and receive from the treasurer or disbursing office of the agency a refund of such assessment so collected, provided such demand for refund is made in writing within 30 days from the end of the assessment year which shall be determined by the agency. Should a person or firm hereinunder assessed refuse to pay and does not pay the assessment within 30 days of when it is due and payable, then in such event suit may be brought by the duly certified agency in a court of competent jurisdiction to enforce the collection of the said assessment."

Sec. 2.  Chapter 890 of the Session Laws of 1967 is hereby amended by rewriting Sec. 17 to read as follows:

"Sec. 17.  Before collecting and receiving such assessments, such treasurer or financial officer shall give bond to the agency to run in favor of the agency in the amount of the estimated total of such assessments as will be collected, and from time to time the agency may alter the amount of such bond which, at all times, must be equal to the total financial assets of the agency, such bond to have as surety thereon a surety company licensed to do business in the State of North Carolina, and to be in the form and amount approved by the agency and to be filed with the chairman or executive head of such agency.

The chairman or executive head of such agency shall cause an annual certified audit to be made of the financial records of the agency. Such audit shall include, among other things, total annual compensation of each employee of the agency and detailed expenses incurred and reimbursed for each employee of the agency. The chairman or executive head of such agency shall cause a copy of the certified audit to be submitted to the Department of Conservation and Development within sixty (60) days of the end of the agency's fiscal year for transmittal to the Board of Conservation and Development and shall cause a copy of the audit, or a summary thereof, to be published at least once in one or more newspapers having general circulation in the area where the assessments are made within sixty (60) days of the end of the agency's fiscal year. If the chairman or executive head of the agency shall fail to carry out the provisions of this paragraph, he shall be guilty of a misdemeanor."

Sec. 3.  This act shall become effective on July 1, 1971.

In the General Assembly read three times and ratified, this the 21st day of June, 1971.