House committee substitute to the 3rd edition replaces the prior edition in its entirety with the following. Makes conforming changes, including to act’s short and long titles.
Section 1.
Amends GS 153A-27.1 by removing Haywood County from that statute's provisions, thereby requiring the county to follow the procedures under GS 153A-27 for filling vacancies on the Board of Commissioners.
Section 2.
Changes the method of election to the Jackson County Board of Education (Board) under Section 5(a) of SL 2024-14 from the nonpartisan plurality method to partisan elections as member terms expire. Specifies that a person is not eligible to file or be elected to the Board unless they are a qualified voter and resident of the residency district in which the candidate seeks to be elected. Directs that Board members are to be nominated at the same time and in the same manner as other county officers. Directs members to serve until their successors are elected and qualified. Specifies that all members take office on the first Monday in December after the election. Requires vacancies to be filled using the process set forth in GS 115C-37.1. Makes conforming change to GS 115C-37.1 to reflect its applicability to Jackson County.
Provides that this Part does not affect the term of office of any member elected to the Board in 2024. Requires any vacancy on the Board for a member elected in 2024 to be filled by appointment by the remaining members of the Board to serve the remainder of the unexpired term. Requires each member elected in 2024, or any member appointed to fill a vacancy in 2024, to serve until a successor has been elected and qualified.
Effective the first Monday in December of 2026, and requires elections in 2026 and thereafter to be conducted accordingly.
Section 3.
Prohibits Jacksonville from exercising any powers granted to cities in GS Chapter 160D (Local Planning and Development Regulation) in any area beyond its contiguous corporate limits. Makes Jacksonville's relinquishment of jurisdiction over the area beyond its contiguous corporate limits effective on the date this act becomes law, but leaves Jacksonville's development regulations and powers of enforcement in effect in that area until the time provided in the specified statute.
VARIOUS LOCAL PROVISIONS V. (NEW)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO PROVIDE THAT VACANCIES ON THE HAYWOOD COUNTY BOARD OF COMMISSIONERS ARE FILLED IN ACCORDANCE WITH G.S. 153A-27; TO PROVIDE FOR THE PARTISAN ELECTION FOR MEMBERS OF THE JACKSON COUNTY BOARD OF EDUCATION; AND TO PROVIDE THAT THE CITY OF JACKSONVILLE SHALL EXERCISE PLANNING AND DEVELOPMENT AUTHORITY ONLY WITHIN THE CITY'S CONTIGUOUS CORPORATE LIMITS.Intro. by Moffitt.
SOG comments (2):
Long title change
Committee substitute to the 3rd edition changed the long tile. Previous long title was AN ACT REGARDING THE OPERATION OF PUBLIC ENTERPRISES BY THE CITY OF HENDERSONVILLE; TO AUTHORIZE THE TOWN OF MILLS RIVER TO ADOPT A UNIFIED DEVELOPMENT ORDINANCE UNDER CERTAIN CIRCUMSTANCES; TO ALLOW HENDERSON COUNTY TO AMEND ITS ZONING REGULATIONS UNDER CERTAIN CIRCUMSTANCES; TO ELIMINATE THE EXTRATERRITORIAL JURISDICTION AUTHORITY OF MUNICIPALITIES IN HENDERSON COUNTY; AND TO REQUIRE HENDERSON COUNTY TO APPROVE ANY REZONING OF AREAS WITHIN THE COUNTY THAT ARE VOLUNTARILY ANNEXED BY A MUNICIPALITY.
Bill History:
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Mon, 10 Feb 2025 Senate: Filed(link is external)
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Mon, 10 Feb 2025 Senate: Filed(link is external)
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Mon, 10 Feb 2025 Senate: Filed(link is external)
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Tue, 11 Feb 2025 Senate: Passed 1st Reading(link is external)
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Tue, 11 Feb 2025 Senate: Passed 1st Reading(link is external)
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Tue, 11 Feb 2025 Senate: Passed 1st Reading(link is external)
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Wed, 30 Apr 2025 Senate: Withdrawn From Com(link is external)
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Wed, 30 Apr 2025 Senate: Withdrawn From Com(link is external)
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Wed, 30 Apr 2025 Senate: Withdrawn From Com(link is external)
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Tue, 6 May 2025 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 6 May 2025 Senate: Com Substitute Adopted(link is external)
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Tue, 6 May 2025 Senate: Reptd Fav(link is external)
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Tue, 6 May 2025 Senate: Reptd Fav Com Substitute(link is external)
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Tue, 6 May 2025 Senate: Com Substitute Adopted(link is external)
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Tue, 6 May 2025 Senate: Reptd Fav(link is external)
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Wed, 7 May 2025 Senate: Passed 2nd Reading(link is external)
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Wed, 7 May 2025 Senate: Passed 3rd Reading(link is external)
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Wed, 7 May 2025 Senate: Special Message Sent To House(link is external)
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Wed, 7 May 2025 House: Special Message Received From Senate(link is external)
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Wed, 7 May 2025 Senate: Passed 2nd Reading(link is external)
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Wed, 7 May 2025 Senate: Passed 3rd Reading(link is external)
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Wed, 7 May 2025 Senate: Special Message Sent To House(link is external)
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Wed, 7 May 2025 House: Special Message Received From Senate(link is external)
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Thu, 8 May 2025 House: Passed 1st Reading(link is external)
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Thu, 8 May 2025 House: Passed 1st Reading(link is external)
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Tue, 27 May 2025 House: Withdrawn From Com(link is external)
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Tue, 27 May 2025 House: Withdrawn From Com(link is external)
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Mon, 23 Jun 2025 House: Withdrawn From Com(link is external)
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Mon, 23 Jun 2025 House: Withdrawn From Com(link is external)
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Tue, 24 Jun 2025 House: Reptd Fav Com Substitute(link is external)
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Tue, 24 Jun 2025 House: Cal Pursuant Rule 36(b)(link is external)
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Tue, 24 Jun 2025 House: Added to Calendar(link is external)
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Tue, 24 Jun 2025 House: Passed 2nd Reading(link is external)
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Tue, 24 Jun 2025 House: Passed 3rd Reading(link is external)
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Wed, 25 Jun 2025 House: Special Message Sent To Senate(link is external)
Bill Summaries:
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Bill S 69 (2025-2026)Summary date: Jun 24 2025 - View Summary
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Bill S 69 (2025-2026)Summary date: May 6 2025 - View Summary
Senate committee substitute to the 1st edition organizes the previous sections into Part I and adds the following content. Amends the act's titles.
Part II.
Authorizes the Town of Mills River to adopt unified development ordinances as presented to the Town Council in October 2024 notwithstanding specified state law. Directs that the adoption must occur on or before October 1, 2025.
Part III.
Authorizes Henderson County to amend definitions in its unified development ordinance to eliminate or modify uses allowed by right in all zoning districts. Requires the amendments be consistent with GS Chapter 160D except as provided in the notwithstanding clause. Directs that any amendment occur on or before October 1, 2025.
Part IV.
Prohibits any municipality in Henderson County (County) from exercising planning and development authorities under GS Chapter 160D or Article 19, GS Chapter 160A, outside of its contiguous corporate limits. Directs that relinquishment of municipal jurisdiction over an area regulated pursuant to these authorities is effective July 1, 2025. Provides that the municipality's regulations and powers of enforcement are effective until the sooner of either the County adopting the regulation or 60 days following relinquishment. Authorizes the County to hold hearings and take other actions authorized under GS 160D-204 relating to pending jurisdiction as the County adopts and applies its regulations to the area for which municipal jurisdiction is relinquished. Provides for continued vestiture of rights acquired under municipal jurisdiction. Allows the County, upon acquiring jurisdiction, to take development actions that could have been taken by the municipality, and makes buildings, structures, and land use in the acquired jurisdiction subject to the County's development regulations.
Part V.
Applicable only to Henderson County and those municipalities located wholly within the County, requires approval of the governing bodies of the County and the municipality before any area that is included in property annexed by the municipality under Parts 1 or 4 (extension of corporate limits by petition; annexation of noncontiguous areas), Article 4A, GS Chapter 160A can be rezoned. Applies to annexations initiated on or after July 1, 2025.
Part VI.
Provides that the act is effective on the date the act becomes law, except as otherwise provided.
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Bill S 69 (2025-2026)Summary date: Feb 10 2025 - View Summary
Amends the following statutes, applicable only to the City of Hendersonville, as follows.
Expands Hendersonville’s authority to operate public enterprises under GS 160A-312 to other areas and citizens located outside the corporate limits of the city. Adds the following requirements to the rules adopted by Hendersonville must follow: (1) the rules may not apply differing treatment within and outside the corporate limits of the city; (2) the rules must make access to public enterprise services available to the city and its citizens and other areas and their citizens located outside the corporate limits of the city equally; and (3) the rules may prioritize the continuation of the provision of services based on availability of excess capacity to provide the service. Requires the rules to apply equally to the public enterprise both within and outside the corporate limits of the city (currently, rules just have to apply). Makes technical changes. Provides for separate funds and sequestration of funds for public enterprises. Directs that the above changes do not apply to the operation of public transportation systems or off-street parking facilities and systems as public enterprises. Effective June 30, 2025, and applies to the 2025-2026 fiscal year and to each fiscal year thereafter. Specifies that any assets, liabilities, or equity of a public enterprise operated or held by Hendersonville in the 2025-2026 fiscal year will be transferred to a separate fund in accordance with GS 160A-312, as amended, by the act when the act becomes law.
Amends the requirements for annexation by petition in Hendersonville under GS 160A-31 by requiring that the petition for annexation contain a statement from the owner that the petition for annexation is not based upon any representation by the municipality that a public enterprise service available outside the corporate limits of that municipality would be withheld from the owner's property without the petition for annexation. Makes conforming changes to GS 160A-58.1 (petition for annexation; standards). Applies to petitions for annexation received by Hendersonville on or after June 30, 2025.
Committee substitute to the 1st edition changed the long title. Original long title was AN ACT REGARDING THE OPERATION OF PUBLIC ENTERPRISES BY THE CITY OF HENDERSONVILLE.