AN ACT TO ESTABLISH A PILOT PROGRAM AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO PUBLISH REQUIRED NOTICES ELECTRONICALLY AND TO AUTHORIZE GUILFORD COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEB SITE FOR A FEE. Enacted October 5, 2017. Effective October 5, 2017.
ELECTRONIC NOTICE - GUILFORD COUNTY (NEW).
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View NCGA Bill Details(link is external) | 2017-2018 Session |
AN ACT TO ESTABLISH A PILOT PROGRAM AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO PUBLISH REQUIRED NOTICES ELECTRONICALLY AND TO AUTHORIZE GUILFORD COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEB SITE FOR A FEE.Intro. by Lowe.
Bill History:
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Mon, 6 Mar 2017 Senate: Filed(link is external)
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Mon, 6 Mar 2017 Senate: Filed(link is external)
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Tue, 7 Mar 2017 Senate: Passed 1st Reading(link is external)
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Tue, 7 Mar 2017 Senate: Passed 1st Reading(link is external)
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Mon, 10 Apr 2017 Senate: Withdrawn From Com(link is external)
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Mon, 10 Apr 2017 Senate: Withdrawn From Com(link is external)
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Tue, 25 Apr 2017 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 25 Apr 2017 Senate: Com Substitute Adopted(link is external)
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Tue, 25 Apr 2017 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 25 Apr 2017 Senate: Com Substitute Adopted(link is external)
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Wed, 26 Apr 2017 Senate: Reptd Fav(link is external)
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Wed, 26 Apr 2017 Senate: Placed on Today's Supplemental Calendar(link is external)
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Wed, 26 Apr 2017 Senate: Passed 2nd Reading(link is external)
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Wed, 26 Apr 2017 Senate: Passed 3rd Reading(link is external)
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Wed, 26 Apr 2017 Senate: Reptd Fav(link is external)
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Wed, 26 Apr 2017 Senate: Placed on Today's Supplemental Calendar(link is external)
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Wed, 26 Apr 2017 Senate: Passed 2nd Reading(link is external)
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Wed, 26 Apr 2017 Senate: Passed 3rd Reading(link is external)
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Thu, 27 Apr 2017 Senate: Regular Message Sent To House(link is external)
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Thu, 27 Apr 2017 House: Regular Message Received From Senate(link is external)
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Thu, 27 Apr 2017 House: Passed 1st Reading(link is external)
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Thu, 27 Apr 2017 Senate: Regular Message Sent To House(link is external)
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Thu, 27 Apr 2017 House: Regular Message Received From Senate(link is external)
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Thu, 27 Apr 2017 House: Passed 1st Reading(link is external)
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Thu, 1 Jun 2017 House: Withdrawn From Com(link is external)
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Thu, 1 Jun 2017 House: Withdrawn From Com(link is external)
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Tue, 13 Jun 2017 House: Serial Referral To Finance Added(link is external)
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Tue, 13 Jun 2017 House: Serial Referral To Finance Added(link is external)
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Wed, 14 Jun 2017 House: Reptd Fav(link is external)
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Wed, 14 Jun 2017 House: Re-ref Com On Finance(link is external)
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Wed, 14 Jun 2017 House: Reptd Fav(link is external)
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Wed, 14 Jun 2017 House: Re-ref Com On Finance(link is external)
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Thu, 29 Jun 2017 House: Withdrawn From Com(link is external)
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Thu, 29 Jun 2017 House: Withdrawn From Com(link is external)
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Wed, 4 Oct 2017 House: Reptd Fav Com Substitute(link is external)
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Wed, 4 Oct 2017 House: Re-ref Com On Finance(link is external)
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Wed, 4 Oct 2017 House: Reptd Fav(link is external)
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Wed, 4 Oct 2017 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 4 Oct 2017 House: Placed On Cal For 10/05/2017(link is external)
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Thu, 5 Oct 2017 House: Passed 2nd Reading(link is external)
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Thu, 5 Oct 2017 House: Passed 3rd Reading(link is external)
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Thu, 5 Oct 2017 House: Special Message Sent To Senate(link is external)
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Thu, 5 Oct 2017 Senate: Placed on Today's Calendar(link is external)
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Thu, 5 Oct 2017 Senate: Concurred In H/Com Sub(link is external)
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Thu, 5 Oct 2017 Senate: Ordered Enrolled(link is external)
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Thu, 5 Oct 2017 Ratified(link is external)
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Thu, 5 Oct 2017 Ch. SL 2017-210(link is external)
Bill Summaries:
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Bill S 181 (2017-2018)Summary date: Oct 5 2017 - View Summary
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Bill S 181 (2017-2018)Summary date: Oct 4 2017 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Changes the act's long and short titles. Deletes all provisions of the previous edition.
Section 1 now provides the following, applicable only to Guilford County or any municipality located wholly or partly in Guilford County.
Enacts GS 153A-52.2, Electronic notice for notices required to be published by the board, authorizing a governing board of a county to adopt an ordinance providing that any notice the board is required by law to publish or advertise, whether under GS 1-597 or GS Chapter 143, Article 8, or any other general law or local act, can be published electronically, as provided, in lieu of or in addition to the required publication or advertisement. Defines governing board to mean the body elected or appointed as the board of county commissioners, city council, or county board of elections. Clarifies that the county ordinance can cover all notices required to be published or advertised or a clearly identified category of notices. Requires the governing board to publish specific instructions regarding how to access notices published electronically under the adopted ordinance at least once a month for 12 months in a newspaper having general circulation for that jurisdiction, as provided in GS 1-597 as amended by this act. Details five requirements of any notice published under an ordinance adopted pursuant to this statute, including the requirement that notices and links to all notices on the website must be maintained on the website for at least one year after publication and must be searchable. Establishes that ordinances adopted under the statute cannot 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. Sets out that the ordinance adopted by the governing board can control notice given by any board appointed by the governing board, including the planning board, board of social services, and board of health.
Makes conforming changes to GS 160A-1(7), GS 153A-1(6), and GS 159-1(b)(5) to add electronic notice to the defined term publish when an ordinance has been adopted by that governing board. Makes organizational and technical changes.
Makes conforming change to amend GS 163-33 (powers and duties of county board of elections) to authorize the county board to adopt a policy in accordance with GS 153A-52.2 to provide for notices, advertisements, and publications to be given electronically.
Effective December 1, 2017, and applies to notices published on or after that date.
Section 2 now provides the following, applicable only to Guilford County.
Enacts GS 1-602, Publication via county-maintained website, providing that in lieu of publishing in a newspaper, publication of any notice permitted or required by law to be published in a newspaper can be accomplished by contracting with a county that has adopted an ordinance authorizing the county to publish the notice on the county-maintained website. Authorizes the board of commissioners to adopt an ordinance establishing the county website as a central location for publishing or advertising legal notices as long as the county (1) maintains its own website with sufficient staff to maintain the website, (2) has sufficient staff to complete affidavits as needed for all legal notices as required by subsection (d) of the statute, and (3) collects and remits fees in subsections (b) and (c) of the statute.
Details publication fees the county may charge ranging from $0 to no more than $450. Provides for a county employee's sworn written statement to be prima facie evidence that the county placed the notice, paper, document, or legal advertisement on its website for the stated period of time, and deems the sworn statement a record of the court and prima facie evidence that the county made the publication available on its website for the stated period of time when filed and certified by the clerk of superior court.
Establishes that when a statute or written instrument stipulates that an advertisement of a sale must be made for a certain number of weeks, publication via the county website in accordance with this statute for the number of weeks so indicated is a sufficient compliance with the requirement. Clarifies that the statute does not require a county to adopt an ordinance authorizing the county to publish notices on a county-maintained website.
Effective December 1, 2017, and applies to notices published on or after that date.
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Bill S 181 (2017-2018)Summary date: Apr 25 2017 - View Summary
Senate committee substitute makes the following changes to the 1st edition.
Amends SL 1927-232, as follows. Deletes requirement that the Forsyth County Board of Elections include among the candidates for municipal office, as independent or nonpartisan candidates, the name of any qualified voter who has been requested to be a candidate for office, and instead provides that a candidate seeking nomination by petition for municipal office must comply with the requirements of Article 11 of Chapter 163.
Adds to Board's authorization to prescribe rules and regulations governing municipal elections specific authorization to set the date and time completed petitions must be timely submitted for verification.
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Bill S 181 (2017-2018)Summary date: Mar 6 2017 - View Summary
Identical to H 245, filed 3/2/17.
Amends SL 1927-232, as amended, by amending the Winston-Salem city charter to require the Forsyth County Board of Elections to include among the candidates for municipal office, as independent or nonpartisan candidates, the name of any qualified voter who has been requested to be a candidate for office in accordance with the uniform municipal election laws under GS Chapter 163, Subchapter IX (deletes the specified petition requirements in the charter).
House committee substitute for 2nd edition changed long and short titles. Long title was AN ACT TO ESTABLISH A PILOT PROGRAM AUTHORIZING CERTAIN LOCAL GOVERNMENTS TO PUBLISH REQUIRED NOTICES ELECTRONICALLY AND TO AUTHORIZE GUILFORD COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEB SITE FOR A FEE. Short title was AMEND W-S CHARTER/CERTAIN CANDIDATES.