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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
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Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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65 <br /> for this } ese-purpose, shall sign the certificate on the check or draft given in payment of the <br /> bill, invoice, or other claim. If payment results in a violation of law, each member of the board <br /> voting to allow payment is jointly and severally liable for the full amount of the check or draft <br /> given in payment. <br /> (d) Payment. — A local government or public authority may not pay a bill, invoice, <br /> salary, or other claim except by any of the following methods: <br /> " eheekCheck or draft on an official depes4eiFj,de2ositor L <br /> (22,) a bankBank wire transfer from an official depes4eiFj,depository_ <br /> an °'°e*refiieElectronic payment or an electronic funds transfer originated <br /> by the local government or public authority through an official depository. <br /> (44,) Cash, if the local government has adopted an ordinance authorizing the use <br /> of cash, and specifying the limits of the use of cash. <br /> WO Except as provided in this �ssection, each check or draft on an official <br /> depository shall bear on its face a certificate signed by the finance officer or a deputy finance <br /> officer approved for this purpose by the governing board (or signed by the chairman or some <br /> other member of the board pursuant to subsection (c) of this section). The certificate shall take <br /> substantially the following form: <br /> "This disbursement has been approved as required by the Local Government Budget and <br /> Fiscal Control Act. <br /> (Signature of finance officer)." <br /> An electronic payment or electronic funds transfer tnttst shall be subject to <br /> the pre attdit pt:eeess-xes reaudit process in accordance with this section and any rules <br /> adopted by the Local Government Commission. The rules so adopted shall address execution of <br /> electronic payment or electronic funds transfer sand how to indicate that the finance <br /> officer or duly appointed deputy finance officer has performed the p�preaudit process as by G.S. 159 ' 8(4 in accordance with this section. A finance officer or duly apointed <br /> deputy finance officer shall be presumed in compliance with this section if the finance officer <br /> or duly apointed deputy finance officer complies with the rules adopted by the Local <br /> Government Commission. 153 131 et: 160 4 11.1 as these seetiefis 1:ead Oil Rine <br /> 30t,1973, et:y by 159 28(�c�that section tread- <br /> - e"r Rine 30, 1975, sttffieent- c <br /> s"plies iirexiste}^° en Rine 20, 1975,fe exhattsted. H�tii <br /> ,6 e <br /> As ttsed in this s4seetiffi, the tefm n n means payment by ehaFge eaFd, <br /> n n <br /> aeeetmr. <br /> (e) Penalties. — If an officer or employee of a local government or public authority <br /> incurs an obligation or pays out or causes to be paid out any funds in violation of this section, <br /> that officer or employee, and the sureties on li�s—Aay official bond for that officer or <br /> employee, are liable for any sums so committed or disbursed. If the finance officer or any <br /> pFepeFly desig ate duly apointed deputy finance officer gives a false certificate to any <br /> contract, agreement, purchase order, check, draft, or other document, the finance officer or <br /> duly apointed deputy finance officer, and the sureties on hi-s-IqLofficial bond, are liable <br /> for any sums illegally committed or disbursed thereby. The governing board shall determine, <br /> by resolution, if payment from the official bond shall be sought and if the governing body will <br /> seek a judgment from the finance officer or duly apointed deputy finance officer for any <br /> deficiencies in the amount. <br /> (f) The certifications required by subsections (al) and (dl) of this section shall not <br /> apply to any of the following <br /> An obligation or a document related to the obligation has been aproved by <br /> the Local Government Commission. <br /> Payroll expenditures, including all benefits for employees of the local <br /> government. <br /> Page 10 Session Law 2015-246 House Bill 44-Ratified <br />
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