Bill Summaries: S186 (2013-2014 Session)

  • Summary date: Mar 5 2013 - View summary

    Enacts new GS 153A-52.2, Electronic notice, allowing governing boards of local government to adopt an ordinance that will allow them to electronically publish any notice they are otherwise required to publish by law. The ordinance may cover all notices required to be published or certain selected classes of notices. Any notice published under the above ordinance must comply with the following conditions:

    (1) The notice is published on the website of the governing board no later than the time required for publication under applicable law or act.

    (2) The website contains, on its main page or index, links to all notices or a link to another page with links to all notices.

    (3) Notices and links must be maintained on the website for at least one year after publication.

    (4) A copy of the notice must be filed in a notice book, separately maintained and apart from the ordinance book or minutes of the governing board. The notice books must also be indexed and maintained for public inspection.

    (5) A copy of the notice must be provided to each public library and clerk of superior court within the jurisdiction of the governing board and maintained for at least one year.

    (6) A copy of the notice must be mailed or emailed to a person that has filed a written request for notice with the clerk or secretary of the governing board.

    Such ordinances that allow electronic publication can not supersede any general law or local act that requires notice by mail to certain persons or classes of persons or the posting of signs on certain property. The ordinance may control notice requirements for any board appointed by the governing board of the county, including the board of social services and the board of health.

    Amends GS 160A-1(7), 153A-1(6), and 159-1(b)(5) to include the following: (1)electronic notice, as provided in GS 153A-52.2, if an ordinance has been adopted by the governing board and (2) insertion in a news publication circulated in the county, published at least once per week, and with an audited readership of at least 25,000 persons in each section's description and definition of publish.

    Amends GS 163-33, Powers and duties of county boards of elections, stating the county board can adopt a policy to provide for notices, advertisements, and publications to be given electronically.

    Repeals SL 2003-81, SL 2003-161, SL 2007-86, and SL 2008-5 (which provided for electronic notice by specified counties and cities), but ordinances adopted under any of those acts remain valid until amended or repealed under GS 153A-52.2. 

    Effective October 1, 2013, applying to notices given on or after that date by a county or city.