Bill Summary for H 19 (2017-2018)

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Summary date: 

Feb 21 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 19 (Public) Filed Wednesday, January 25, 2017
AN ACT AMENDING THE LAWS REGARDING WHEN LOCAL ELECTED BOARDS SELECT A CHAIR AND OTHER OFFICERS OF THE BOARD WHEN THERE IS A DELAY IN THE DETERMINATION OF ELECTION RESULTS.
Intro. by Davis.

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Bill summary

House committee substitute to the 1st edition deletes the contents of the previous edition and replaces them with the following.

Amends GS 115C-41, concerning the organization of local boards of education, to provide that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chair chosen the previous year must continue to hold that position until the election protest is resolved and all board members take the oath of office. Provides that if the chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair for the remainder of the year at the first regular meeting of the local board of education following the qualification of the newly elected board member(s). Makes clarifying changes and makes language gender neutral.

Amends GS 130A-56, concerning the election of officers to a sanitary district board, to provide that the chairperson of the board is to preside at the meetings of the board, with the board appointing one of its members temporary chair in the absence or sickness of the chairperson.  Similar to the provisions added to GS 115C-41, provides that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chairperson and secretary chosen the previous year must continue to hold their positions until the election protest is resolved and all board members take the oath of office. Provides that if the chairperson or secretary chosen the previous year is no longer a member of the board, the board members may choose a temporary chairperson or secretary to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair and secretary for the remainder of the year at the first regular meeting of the board following the qualification of the newly elected board member(s). Makes language gender neutral.

Amends GS 153A-39, concerning the organization of county boards of commissioners, to provide that following an election, if one or more members of the board cannot be sworn in due to an election protest under GS 163-182.9, the chair and vice-chair chosen the previous year must continue to hold their positions until the election protest is resolved and all board members take the oath of office (similar to the provisions added to GS 115C-41 and GS 130A-56). Provides that if the chair or vice-chair chosen the previous year is no longer a member of the board, the board members may choose a temporary chair to serve until the election protest is resolved and all board members take the oath of office. Directs that the board is to choose a chair and vice-chair for the remainder of the year at the first regular meeting of the board following the qualification of the newly elected board member(s). Makes language gender neutral.

Amends GS 160A-70, concerning the selection and duties of a mayor pro tempore by a city council, to provide that following an election, if one or more members of the council cannot be sworn in due to an election protest under GS 163-182.9, the mayor pro tempore chosen the previous year must continue to hold that position until the election protest is resolved and all council members take the oath of office (similar to the provisions added to GS 115C-41, GS 130A-56, and GS 153A-39). Provides that if the mayor pro tempore chosen the previous year is no longer a member of the board, the council members may choose a temporary mayor pro tempore to serve until the election protest is resolved and all council members take the oath of office. Directs that the council is to choose a mayor pro tempore for the remainder of the year at the first regular meeting of the council following the qualification of the newly elected board member(s). Makes language gender neutral.

Changes the act's titles.