NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 287 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE GOVERNING BOARDS OF GUILFORD AND MECKLENBURG COUNTIES, AND ALL THE MUNICIPALITIES LOCATED IN THOSE COUNTIES, TO GIVE PUBLIC NOTICES ELECTRONICALLY.
Intro. by Wade, Barringer.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (May 14 2014)

SOG comments (4):

Changes long title.

Senate committee substitute changes the long title. The original long title was:

A BILL TO BE ENTITLED AN ACT TO ALLOW GOVERNING BOARDS OF GUILFORD COUNTY, THE CITIES OF GREENSBORO AND HIGH POINT, AND THE TOWN OF MORRISVILLE TO GIVE ELECTRONIC NOTICE.

Short and Long Title

House committee substitute to the 3rd edition makes changes to the short and long titles. The original titles are as follows:

NOTICE PUBLICATION BY SOME LOCAL GOVS.

A BILL TO BE ENTITLED AN ACT TO ALLOW GOVERNING BOARDS OF CERTAIN COUNTIES, ALL THE MUNICIPALITIES LOCATED WHOLLY IN THOSE COUNTIES, AND CERTAIN MUNICIPALITIES TO GIVE ELECTRONIC NOTICE.

S 287

The House amendment to the 3rd edition amends the act's long title. The previous long title was: A BILL TO BE ENTITLED AN ACT TO ALLOW GOVERNING BOARDS OF GUILFORD COUNTY AND ALL THE MUNICIPALITIES LOCATED IN THAT COUNTY TO GIVE PUBLIC NOTICES ELECTRONICALLY.

Long title change

Conference report changed the long title of the 5th edition. Previous long title was

AN ACT TO REQUIRE INTERNET WEB SITE PUBLICATION OF LEGAL NOTICES.

S 287

Bill Summaries:

  • Summary date: Jul 25 2013 - More information

    Conference report to the 5th edition deletes the contents of the 5th edition and replaces it with the contents of the 4th edition. Adds that the act is also applicable to Mecklenburg County and any municipality located wholly or partly within the county.


  • Summary date: Jul 24 2013 - More information

    House amendment to the 4th edition deletes the act's provisions and replaces it with the following.

    Amends GS 1-596 (Charges for legal advertising), providing that when a government notice is required to be published more than once and is paid for by the government entity, but not paid in advance by or recouped from private parties, then the governmental entity cannot be charged for the second and successive insertions of that notice at a rate greater than 85% of the original rate.

    Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.), establishing rules and requirements for electronic and internet publication of legal notices or other documents or papers that are required by NC law to be published in a newspaper including but not limited to, that each notice must be placed on the newspaper's website, at no additional charge, on the same day that the notice appears in the newspaper, and that if a legal notice is published in the newspaper but cannot be published on the newspaper's website, the publishing newspaper will place the notice on the statewide internet website, established and maintained by the NC Press Association as a repository for such notices. Includes provisions for email notifications and concerning errors in notices posted online.

    Makes technical changes.

    Effective October 1, 2013, and applies to notices that must be published on or after that date, except that it does not apply to notices permitted to be published on a government website in lieu of newspaper publication pursuant to an ordinance enacted before that date.

    Amends the act's long title.


  • Summary date: Jul 24 2013 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends the short and long titles.

    Provides that the act applies only to Guilford County and municipalities located wholly or partly within that county (previously, applied to the following counties: Burke, Graham, Guilford, Haywood, Jackson, Macon, Mecklenburg, Swain, Union, and Wake and any municipality located wholely within those counties. Also applied to the City of High Point and the Town of Morrisville. Also provided that the act did not apply to the Town of Rolesville).

    Deletes language that amended Section 2 of SL 2007-86, to provide that the act, SL 2007-86, only applied to the Town of Cary.

    Effective October 1, 2013, and applies to notices given on or after that date.

     


  • Summary date: Apr 22 2013 - More information

    Senate amendment to the 2nd edition makes the following changes. Specifies that the act does not apply to the Town of Rolesville.


  • Summary date: Apr 17 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Deletes GS 153A-52.2(c5), which required notice to be provided to public libraries and the clerk of superior court.

    Provides that this act applies only to the counties of Burke, Graham, Guilford, Haywood, Jackson, Macon, Mecklenburg, Swain, Union, and Wake and any municipality located wholly within those counties; to the City of High Point; and to the Town of Morrisville (previously, only applied to the County of Guilford, the Cities of Greensboro and High Point, and the Town of Morrisville.

    Amends SL 2007-86 concerning electric notice for public hearings, as amended, to remove Apex, Garner, and Knightdale from the act.


  • Summary date: Mar 13 2013 - More information

    Enacts new GS 153A-52.2, Electronic notice, allowing governing boards of Guilford, Durham, Wake, Davidson, Forsyth, and Randolph counties 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 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. 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.

    Applies only to the following counties: Guilford, Durham, Wake, Davidson, Forsyth, and Randolph.

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


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