AN ACT TO AMEND THE CHARTER OF THE CITY OF MORGANTON TO CLARIFY THE TIME PERIOD FOR FILLING VACANCIES IN THE OFFICE OF MAYOR AND TO PROVIDE THAT THE CITY MANAGER SHALL APPOINT THE CITY CLERK; TO UPDATE FINES FOR CERTAIN BOATING VIOLATIONS ON LAKE JAMES; TO PROVIDE THAT ELECTIONS FOR THE TOWN OF HILDEBRAN SHALL BE HELD IN EVEN-NUMBERED YEARS; TO AUTHORIZE THE TOWN OF WELDON TO DISPOSE OF CERTAIN PROPERTY BY PRIVATE NEGOTIATION AND SALE; TO MAKE A TECHNICAL CORRECTION IN THE TERMS OF OFFICE FOR THE BOARD OF TRUSTEES OF CLEVELAND COMMUNITY COLLEGE; AND TO MODIFY THE AUTHORIZATION FOR THE DELAY OF THE LEXINGTON CITY BOARD OF EDUCATION ELECTIONS IN 2021. SL 2021-102. Enacted Aug. 10, 2021. Effective Aug. 10, 2021, except as otherwise provided.
Summary date: Aug 10 2021 - View summary
Summary date: Aug 5 2021 - View summary
Conference report makes the following changes to the 5th edition.
Makes technical changes to the lead-in language to the proposed changes to various sections of the Charter of the City of Morganton, SL 1975-180.
Deletes the proposed changes to GS 161-8, concerning the register of deeds and register of deeds office, applicable to Cleveland County.
Makes technical changes to the lead-in language to the proposed changes to GS 115D-12, concerning the selection of community college boards of trustees members. Specifies that the changes are applicable to Cleveland Community College only.
Amends Section 4 by correcting the number of the book containing the recorded deed for the listed property that the Town of Weldon is authorized to convey, in the specified manner.
Eliminates the proposed changes to Section 1.7(b), SL 2021-56, which clarified that Section 1.7(a) (prohibiting elections to the Lexington City Board of Education (Board) from being held in 2021), not Section 1.6(a) of the act is effective only if the federal decennial census information for the 2020 census has not been received by the Lexington City Board of Education by July 19, 2021. Instead, amends Section 1.7(a) of SL 2021-56 to now require election for members for terms set to expire December 6, 2021, are to be held at the time of the primary rather than the general election for county offices in 2022. Now requires notices of candidacy to be filed between December 6, 2021, and December 17, 2021 (was, July 25, 2022, and August 12, 2022). Adds a new provision to direct that individual certified winners of this election can be sworn into office at any time after issuance of the certificate of election. No longer specifies that the terms of office of those elected in this election commence on December 6, 2022. Adds a new directive for the Board to publish notice of the date of the election on its website and at least once in a newspaper within seven days of the date the act becomes law. Repeals Section 1.7(b), SL 2021-56, which conditions the effectiveness of Section 1.6(a) (erroneously, as Section 1.6(a) relates to the election of the Charlotte-Mecklenburg Board of Education in 2021) of that act upon the federal decennial census information for the 2020 census having not been received by the Board by July 19, 2021, with procedural requirements for the Board.
Makes conforming changes to the act's long title.
House amendment makes the following changes to the 4th edition.
Makes the changes to GS 161-8, concerning the register of deeds and register of deeds office, applicable to Cleveland County only (was, applicable to Cleveland and Wayne Counties). Makes conforming changes to the act's long title.
House committee substitute to the 3rd edition makes the following changes.
Makes organizational changes, moving existing provisions into Sections 1, 2, and 3.
Clarifies in Section 2.15 of SL 1975-180, as amended, that the Mayor of Morganton is authorized to appoint individuals to serve on advisory boards, commissions, and committees (was, authorized to appoint advisory boards, commissions, and committees).
Clarifies the reference in the introductory language to the change to Section 5 of Chapter 502 of the Session Laws of 1963.
Further amends Section 3 of the Hildebran Town Charter (SL 1899-212), by requiring that the elective officers of Hildebran (mayor and five commissioners) be elected for staggered terms of four years. Deletes the proposed provisions that required that (1) in 2024, and quadrennially thereafter, two commissioners be elected to four-year terms; and (2) in 2026, and quadrennially thereafter, the Mayor and three commissioners be elected to four-year terms.
Adds the following new content.
Amends GS 161-8 to require that in Cleveland and Wayne counties the register of deeds be in the office on a full-time schedule. Requires the register of deeds office to be open, except on State holidays, Monday-Friday, at least 40 hours per week. Prohibits the office from closing before 5:00 pm and requires accepting instruments and documents for filing until that time (under current law, a county's board of commissioners is allowed to fix what days of each week, and at what hours, the register of deeds must be in the office in person or by deputy). Effective October 1, 2021.
Allows the Town of Weldon to convey by private negotiation and sale, with or without monetary consideration, and upon terms the Town deems appropriate, any or all of its right, title, and interest in the specified property in Weldon.
Amends Section 2(a) of SL 2018-15, by further amending GS 115D-12 concerning the selection of Cleveland Community College boards of trustees members. Amends the provisions governing the appointment of four trustees, under Group Two, by the NCGA (two appointed by the House and two by the Senate), by specifying that (1) following consultation with members of the House of Representatives whose districts include counties within the administrative areas of the community college, the Speaker of the House must make recommendations to the NCGA for appointments to terms expiring in 2019 and 2020 (was, 2019 and 2021) and every four years thereafter; and (2) following consultation with members of the Senate whose districts include counties within the administrative areas of the community college, the President Pro Tempore must make recommendations to the NCGA for appointments to terms expiring in 2018 and 2021 (was, 2018 and 2020) and every four years thereafter.
Amends Section 1.7(b) of SL 2021-56 by clarifying that Section 1.7(a) (prohibiting elections to the Lexington City Board of Education from being held in 2021), not Section 1.6(a) of the act is effective only if the federal decennial census information for the 2020 census has not been received by the Lexington City Board of Education by July 19, 2021. Makes an additional clarifying change.
Amends the act's titles.
Summary date: Jun 30 2021 - View summary
House committee substitute to the 2nd edition makes the following changes.
Further amends SL 1963-502, which makes it a Class 3 misdemeanor to operate motor boats in such manner as to be dangerous to others or create hazards to water safety in Lake James, as described in that act. Specifies that violations are punishable only by a fine of up to $250.
Summary date: Jun 29 2021 - View summary
House committee substitute to the 1st edition adds the following content.
Amends SL 1963-502, which makes it a misdemeanor to operate motor boats in such manner as to be dangerous to others or create hazards to water safety in Lake James, as described in that act. Modifies the punishment for violations of that act, now providing for a fine of up to $250 rather than $50 or 30 days' imprisonment and specifies that a violation is a Class 3 misdemeanor. Effective December 1, 2021.
Amends the Charter of the Town of Hildebran, SL 1899-212, as amended, providing for regular municipal elections to be held in even-numbered years rather than odd-numbered years, beginning in 2024 and biennially thereafter, on the Tuesday following the first Monday in November in accordance with state uniform municipal election laws. Maintains that the election is nonpartisan and decided by simple plurality, now pursuant to a specified state law. Provides for staggered terms of municipal officers, with two commissioners elected to four-year terms in 2024, and the mayor and three commissioners elected to four-year terms in 2026. Makes conforming changes. Directs that regular municipal elections be held in the Town in 2021, with the mayor and three commissioners elected to serve five-year terms. Extends the terms of the two commissioners elected in 2019 by one year. Directs that the next regular municipal election be held in 2024.
Makes conforming changes to the act's titles.
Summary date: Feb 24 2021 - View summary
Amends the Charter of the City of Morganton, SL 1975-180, as amended, as follows.
Amends Section 2.14 to require the City Council (Council) to fill an unexpired mayoral term within 90 days following the vacancy, by majority vote (currently, no time period is included). Removes the clarification that the vote of the mayor is not required of the Council's vote determining mayoral inability to perform the duties of the office. Makes technical changes.
Makes technical changes to Section 2.15 concerning mayoral powers and duties. No longer specifies the appointing power for advisory, boards, commissions, and committees is for the mayor's information and assistance.
Repeals Section 3.12, which mandates that the City conduct city government elections unless otherwise provided by the Council.
Makes language gender neutral in Sections 4.11 and 4.12 concerning the city manager.
Amends Section 4.21 to require the city manager to appoint a city clerk (currently, the Council is required to designate the city manager as city clerk). Details the duties of the city clerk, expanding upon the existing duties. Authorizes the city manager to appoint or provide one or more deputy city clerks with the full authority granted to the city clerk as the city manager specifies.
Amends Sections 4.41 and 4.42 to no longer specify that the mayor is not included as a voting member of Council when creating commissions, councils or boards except in cases of equal division. Makes technical changes.