SUP. CT. JUDGE CAN PERFORM MARRIAGE (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 236 (Local) Filed Thursday, March 7, 2013
A BILL TO BE ENTITLED AN ACT TO ALLOW A SUPERIOR COURT JUDGE OF THIS STATE TO PERFORM MARRIAGE CEREMONIES.
Intro. by Hunt, Apodaca, Brunstetter.

Status: Conf Com Appointed (House Action) (Jul 26 2013)

SOG comments (1):

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:

COUNTIES RESPONSIBLE FOR SCHOOL CONSTRUCTION.

A BILL TO BE ENTITLED AN ACT AUTHORIZING COUNTIES TO ASSUME RESPONSIBILITY FOR CONSTRUCTION, IMPROVEMENT, OWNERSHIP, AND ACQUISITION OF PUBLIC SCHOOL PROPERTY.

S 236

Bill Summaries:

  • Summary date: Jul 24 2013 - More information

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

    Deletes all provisions of the 3rd edition and instead amends GS 51-1 to allow superior court judges to perform marriages. Effective November 1, 2013, and expires on November 3, 2013.

    Makes conforming changes to the titles.


  • Summary date: May 15 2013 - More information

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

    Amends proposed GS 153A-158.1A(c)(2) to clarify that the term "school capital funds" includes all or part of funds appropriated to the school capital outlay fund as provided in GS 115-426(f)(1) and (2). Clarifies that a local board of education operates risk management programs, not the school board.

    Amends GS 115C-426 to correct a cite to a statute and to provide that a county's capital outlay should not include appropriations for those purposes provided in subsections (f)(1) and (f)(2) of this section.

    Amends GS 115C-431 to clarify that if a county has assumed responsibility for the ownership, acquisition, construction, and improvement of school property under GS 153A-158.1A, this section does not apply to disputes over capital outlay funds as provided in GS 115C-426(f)(1) and (f)(2).

    Amends GS 115C-521 to require a local board of education to annually submit, concurrent with the submission of the school budget, the needs for school buildings necessary to provide adequate provisions for the public school term, if the county has assumed responsibility for school buildings under GS 153A-158.1A. Provides that when a county has assumed responsibility for school buildingsand there is a dispute between the local board of educationand county commissioners as to whether adequate school buildings have been provided for the publicschool term by the county, the local board of education and county commissioners may resolve the dispute using the mediation process provided in GS 115C-431(a) and (b). Conditions a county's acquisition ofrelocatable or mobile classroom units upon receipt of notice from the local board of education thatthe existing permanent school building lacks sufficient classrooms to house the school's anticipated pupil enrollment. Provides for theresolution of any dispute regarding the need for mobile units via the mediation process provided in GS 115C-431(a) and (b).

    Makes technical corrections to GS 115C-534. Provides that this act applies only to the following counties: Beaufort, Dare, Davie, Guilford, Harnett, Lee, Rockingham, Rowan, and Wake. Specifies that this act does not apply to the Kannapolis City School System.


  • Summary date: May 15 2013 - More information

    Senate amendment makes the following change to the 2nd edition:

    Revises the effective date clause to add that the act does not apply to any present or future school facilities that are physically located within the boundaries of the Kannapolis City School System.


  • Summary date: Mar 7 2013 - More information

    Enacts new GS 153A-158.1A authorizingcountiesto elect by resolution to assume responsibility for some or all of"owning, siting, acquiring, constructing, equipping, expanding, improving, repairing, and renovating" property that is for use by a specified local school administrative unit (LEA) that is located entirely within the county. Provides that thecounty's authority extends only to the extent thatthe terms and conditions are specified in the board of county commissioners' resolution.Prohibits the LEA from exercising any power over the areas over which the county commissioners have elected to assume authority via resolution. Permits the commissioners to elect to leave the LEA with the responsibility for equipment and for maintenance and repairs in categories or amounts as named in the resolution. Mandates that responsibility for school property that is transferred by resolution under this statute is for a period of no less than 10 years and that the election may be renewed in 10-year increments by subsequent resolution of the commissioners.

    Directs the county to consult with the board of education about actions involving the siting, design, construction, equipping, expansion, improvement, or renovation of property for use by an LEA.

    Authorizes a county to provide by resolution that any current or future interest in real property or school capital funds vests in the county. Requires that the clerk of the board of commissioners certify the resolution and send it to the clerk of the board of education. Allots 30 days from the entry of the resolution forthe board of education to execute any documents or deeds to complete the transfer under the exact terms as set out in the resolution. Directs the county to pay any costs associated with executing the documents and completing the transfer.

    Defines interest in real property and school capital funds as the terms are used in this section. Provides a county issuing a resolution under this section may contract for insurance or leave the current risk management programs operated by the school board in place. Attaches noliability to the county for acts or omissions of school employees in or on school property that is owned, acquired, leased, or improved by the county via a resolution elected under this section.

    Provides that any real or personal interest in school property, acquired by a county under this section, is presumed to be for the exclusive use of the LEA for public school purposes and acquisition of property per the provisions of this act does not constitute the exercise of imminent domain and does not entitle the LEA or local board of education to any funds or other consideration for any property acquired or transferred to the county under this section.

    Amends GS 115C-207(2) to provide that if a county has assumed ownership of school property, the local board of education canonly permit use of the school property as authorized by the county commissioners. Amends GS 115C-426 to provide that the capital outlay is not to include appropriations for the purposes for which the county has assumed responsibility under proposed GS 153A-158.2.

    Assigns responsibility in GS 115C-519 to the clerk of the board of county commissioners for safe keeping for all deeds to school property owned by a county after the deeds are registered.

    Makes additional conforming changes toGS Chapter 115Cregarding the authority of county commissionswhich elect toassume responsibility for construction, improvement, ownership, and acquisition of public school property by resolution under proposed GS 153A-158.1A.


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