AN ACT TO AUTHORIZE THE CITY OF HENDERSONVILLE TO USE PROCEEDS FROM ON-STREET PARKING METERS TO FUND CAPITAL PROJECTS AND PROVIDE THAT REVENUES REALIZED FROM OFF-STREET PARKING FACILITIES MUST BE USED TO PAY BONDS ISSUED TO FINANCE SUCH FACILITIES OR FOR OTHER CAPITAL PROJECTS; TO CHANGE THE METHOD OF ELECTION IN THE CITY OF HENDERSONVILLE, THE VILLAGE OF FLAT ROCK, AND THE TOWN OF FLETCHER; TO REMOVE THE CAP ON SATELLITE ANNEXATIONS FOR THE CITY OF ARCHDALE; TO ADD CERTAIN DESCRIBED PROPERTIES TO THE CORPORATE LIMITS OF THE CITY OF ASHEBORO; TO CHANGE THE BOUNDARIES OF THE WHITEVILLE CITY SCHOOL ADMINISTRATIVE UNIT; TO PROHIBIT HOMEOWNERS' ASSOCIATION OR UNIT OWNERS' ASSOCIATION REGULATION OR PROHIBITION OF DISPLAYS OF FLAGS OF BRANCHES OF THE ARMED FORCES OR FLAGS OF FIRST RESPONDERS BY OR WITH THE PERMISSION OF OWNERS ON THEIR PROPERTY IN UNION COUNTY; TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR THE TOWN OF HOOKERTON AND THE TOWN OF WALSTONBURG SHALL BE HELD IN EVEN-NUMBERED YEARS; TO ALLOW BURKE COUNTY TO USE LOCAL SALES AND USE TAX REVENUE DISTRIBUTED TO THE COUNTY IN A MANNER THAT IS CONSISTENT WITH GENERAL LAW; TO CHANGE THE JOHNSTON COUNTY BOARD OF EDUCATION ELECTIONS TO RESIDENCY DISTRICTS; TO EXTEND THE TERMS OF THE MEMBERS OF THE SOUTHEAST REGIONAL AIRPORT AUTHORITY FROM TWO TO FOUR YEARS AND AUTHORIZE THE SOUTHEAST REGIONAL AIRPORT AUTHORITY TO CONVEY REAL OR PERSONAL PROPERTY BELONGING TO THE AUTHORITY BY PRIVATE NEGOTIATION AND SALE OR LONG-TERM LEASE; TO AUTHORIZE TRANSYLVANIA COUNTY TO ESTABLISH A RURAL DEVELOPMENT AUTHORITY; AND TO CHANGE THE FILING PERIOD FOR MUNICIPAL OFFICES FOR THE TOWNS OF LAUREL PARK AND MILLS RIVER. SL 2023-143. Enacted October 25, 2023. Effective October 25, 2023, except as otherwise provided.
Bill Summaries: S 68 VARIOUS LOCAL CHANGES. (NEW)
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Bill S 68 (2023-2024)Summary date: Oct 25 2023 - View Summary
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Bill S 68 (2023-2024)Summary date: Oct 24 2023 - View Summary
Clarification: The applicability of Section 8 of the act (concerning the display of any flag of a branch of the US Armed Forces or any first responder flag) remains limited to planned communities and condominiums in Union County.
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Bill S 68 (2023-2024)Summary date: Oct 23 2023 - View Summary
Conference report to the 3rd edition makes the following changes.
Renumbers the sections and adds titles.
Section 2.
Clarifies that the changes to Section 4.2 of the Charter of the City of Hendersonville (changing the method of election of the Mayor and Council members from the primary method to the plurality method) apply to elections held after the act becomes law. Makes organizational changes.
Section 3.
Clarifies that the changes to Section 4.1 of the Charter of the Village of Flat Rock apply to elections held after the act becomes law. Makes organizational changes.
Section 7.
Makes technical change to the reference of the section being repealed by the act.
Section 8.
Amends new restrictions on the use of land from regulating or prohibiting the display of any flag of a branch of the US Armed Forces or any first responder flag (as defined) that is no larger than four by six feet, unless certain exceptions apply as set forth in new GS 47C-3-121.1 (applicable to the North Carolina Condominium Act) and GS 47F-3-121.1 (applicable to the North Carolina Planned Community Act) as follows. Changes the date that determines which provisions apply from October 1, 2023, to December 1, 2023. Makes conforming changes to the effective date.
Section 9.
Makes technical change to the effective date of the act’s changes to the method of municipal elections set forth in Section 3.6 of the Charter of the Town of Hookerton.
Section 10.
Makes technical and clarifying changes to the act’s modifications to the method of election of the Mayor and Commissioners set forth in Section 5 of the Charter of the Town of Walstonburg.
Adds the following content.
Section 11.
Repeals the following session laws: SL 1983-273, as amended (pertaining to 1% sales and use tax and others levied by Burke County); SL 1985-198 (continuing contracts for capital outlay for Burke County Administrative School Units and Burke County); and SL 1985-326 (pertaining to uses of revenue received by Burke County from one-half percent local sales and use taxes). Applies to tax proceeds distributed on or after the date the act becomes law.
Section 12.
Amends Section 2 of SL 1997-32 as follows. Changes the method of electing the seven members of the Johnston County Board of Education (Board) from at-large to being elected from seven single-member residency districts, with one member elected from each district by all eligible voters in the county. Specifies that that person must be a resident of the district and a qualified voter. Provides that members take office and qualify on the first Monday in December of the year of the election and that they serve until a successor has been elected and qualified. Removes outdated language.
Amends Section 4 of SL 1997-32 to specify that any person appointed to a vacancy on the Board must be a resident of the single-member residency district where the vacancy has occurred. Makes technical changes.
Applies to elections held after the act becomes law.
Provides for a method of establishing the single-member residency districts by resolution. Provides population requirement of within 5% of one-seventh of the total population of Johnston County per single-member residency district. Directs the Board to consider incumbency when drawing the single-member district boundaries to attempt to refrain from placing two incumbents in the same district. Prevents the Board from reducing the term of office of any elected member of the Board when establishing those boundaries. Directs that the residency districts should only be revised to correct population imbalances after each federal decennial census. Directs the Board to draw said boundaries by no later than November 17, 2023, to be used in the 2024 elections. Specifies that if the Board fails to do so by the statutory deadline, then the seven single-member districts used to elect the Johnston County Board of Commissioners will be used to elect the Board until the return of the 2030 federal decennial census.
Section 13.
Repeals Section 2(c) of SL 2020-19 (setting forth initial members of the Southeast Regional Airport Authority [Authority]). Amends Section 2(b) of SL 2020-19 to extend Authority member terms from two years to four years. Makes conforming changes to account for deleted Section 2(c). Now specifies that if a person is appointed to fill a vacancy and there are at least two years (was, one year) remaining on the unexpired term, that that term counts towards the number of successive terms an Authority member may serve.
Specifies that the current terms of the Authority members expire on December 31, 2023, and allows for their reappointment so long as the appointment complies with the membership requirements set forth below. Specifies that for appointments beginning on January 1, 2025, the Authority members must be as follows: (1) three registered voters of the City of Laurinburg appointed by the Mayor of the City of Laurinburg, one of whom will serve for a term of one year, one of whom will serve for a term of two years, and one of whom will serve for a term of three years; (2) three registered voters of the Town of Maxton appointed by the Mayor of the Town of Maxton, one of whom will serve for a term of one year, one of whom will serve for a term of two years, and one of whom will serve for a term of three years; (3) one registered voter of Scotland County appointed by the chair of the Scotland County Board of Commissioners, who will serve for a term of four years; and (4) The Scotland County Economic Development Director, who will serve as an ex officio nonvoting member. Allows for these Authority members to be appointed to two successive four-year terms and specifies that the initial terms set forth above will not be counted when determining the number of successive terms served. Provides that thereafter, members must be appointed to the Authority as provided for in SL 2020-19, as amended by the act.
Amends the real estate powers of the Authority set forth in Section 4 of SL 2020-19 to now allow the Authority, notwithstanding the provisions of GS Chapter 160A, Article 12, to convey by private negotiation and sale, or to lease for a term of more than 10 years without it being treated as a sale, under the terms and conditions it deems proper, any or all of its right, title, and interest in Authority real or personal property (was, to sell, lease, or otherwise dispose of real or personal property belonging to authority so long as it followed the procedures provided in GS Chapter 160A, Article 12).
Section 14.
Expands the scope of Section 23 of SL 1965-988, as amended, (creating rural development authorities) to authorize Transylvania County to create a Rural Development Authority. Makes a technical change.
Section 15.
Amends Section 3.1 of the Charter of the Town of Laurel Park to specify that the candidate filing period for municipal elections will be the same as for county officers elected on a partisan basis. Applies to elections held on or after the date the act becomes law.
Section 16.
Amends Section 4.1 of the Charter of the Town of Mills River to specify that the candidate filing period for town elections will be the same as for county officers elected on a partisan basis. Applies to elections held on or after the date the act becomes law.
Makes conforming changes to the act’s long title.
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Bill S 68 (2023-2024)Summary date: Sep 20 2023 - View Summary
House amendment to the 2nd edition makes the following changes.
Section 7.
Prevents municipal elections from being held in the Town of Hookerton in 2025 (was, 2023). Specifies that regular municipal elections will be held in Hookerton in even-numbered years as terms expire beginning in 2026 (was, just 2024 and no mention of as terms expire). Extends the terms of the town’s mayor and commissioners serving on January 1, 2025 (was, those whose terms expire in 2023), by one year. Makes technical and conforming changes. Specifies that in 2026 (was, 2024) and biennially thereafter, a mayor will be elected to serve a two-year term. In 2026 and quadrennially thereafter, two commissioners will be elected to serve four-year terms (was, 2024). In 2028 and quadrennially thereafter, two commissioners will be elected to serve four-year terms (was, 2026). Changes the effective date of the section to January 1, 2025.
Section 8.
Prevents municipal elections from being held in the Town of Walstonburg in 2025 (was, 2023). Extends the terms of the town’s mayor and five commissioners, whose terms are to expire in 2025 (was, 2023), by one year. Specifies that regular municipal elections will be held in Walstonburg in even-numbered years beginning in 2026 (was, 2024). Makes conforming changes. Changes the effective date of the section to January 1, 2025.
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Bill S 68 (2023-2024)Summary date: Sep 19 2023 - View Summary
House committee substitute to the 1st edition replaces the edition in its entirety with the following.
Under GS 160A-301(a) cities may use proceeds from parking meters on public streets only to defray the cost of enforcing and administering traffic and parking ordinances and regulations. Under GS 160A-301(b) cities may use proceeds collected from off-street parking facilities to amortize bonds issued to finance such facilities or for any other public purpose. Authorizes the City of Hendersonville to expand the use of proceeds from charging for on-street parking under GS 160A-301(a) to fund any capital projects, in addition to defraying the cost of enforcing and administering traffic and parking ordinances and regulations. Narrows the City of Hendersonville’s use of proceeds from charging for off-street parking under GS 160A-301(b), requiring those proceeds only be used to fund capital projects, or to amortize bonds issued to finance off-street parking facilities. The provisions applicable to the proceeds from off-street parking apply to proceeds collected on or after the date that the act becomes law.
Amends Section 4.2 of the Charter of the City of Hendersonville, as amended, to change the way that the Mayor and City Council are elected from the nonpartisan primary method to the nonpartisan plurality method set forth in GS 163-292. Sets the filing period as the same as the one for county officers elected on a partisan basis.
Amends Section 4.1 of the Charter of the Village of Flat Rock, as amended, and Section 4.1 of the Charter of the Town of Fletcher as amended, as follows. Specifies that elections for municipal officers (i.e., Village of Flat Rock officers and the Mayor and Town Council of the Town of Fletcher) must be on a nonpartisan basis with results determined by the plurality (was, primary) method under GS 163-292. Specifies that the filing period is the same as that for county officers elected on a partisan basis. Applies to elections held on or after the act becomes law.
Amends GS 160A-58.1 by adding Archdale to those cities exempt from the requirement that noncontiguous areas proposed for annexation that the area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, not exceed 10% of the area within the primary corporate limits of the annexing city.
Adds the specified property to Asheboro’s corporate limits, effective June 30, 2024. Provides that property in this described territory as of January 1, 2024, is subject to municipal taxes for taxable years beginning on or after July 1, 2024.
Repeals Section 4 of SL 1995-661 which established the Districts for the Board of Education of the Whiteville City School Administrative Unit. Sets out a new provision setting out the boundaries of the Whiteville City School Administrative Unit.
Enacts new GS 47C-3-121.1 (applicable to the North Carolina Condominium Act) and GS 47F-3-121.1 (applicable to the North Carolina Planned Community Act), applicable in Union County only. Prohibits restrictions on the use of land from regulating or prohibiting the display of any flag of a branch of the US Armed Forces or any first responder flag (as defined) that is no larger than four by six feet, unless: (1) for restrictions registered before October 1, 2023, the restriction uses one of the 11 listed terms to specify each branch of the Armed Forces and each of the first responders whose flag display is regulated or prohibited; or (2) for restrictions registered on or after October 1, 2023, the restriction is written on the first page of the instrument or conveyance in the specified print type and size and requires that restriction use the specified language. Provides that these statutes apply to the display of flags by unit/lot owners (or with a lot owner’s permission) on property owned exclusively by them or limited common elements allocated to their exclusive use, and does not apply to the display of flags on common areas, easements, rights-of-way, or other areas owned by others. Effective October 1, 2023, and applies to the display of flags on or after that date.
Amends Section 3.6 of the Charter of the Town of Hookerton, SL 1985-253 as follows. Requires that the Town’s municipal elections be held at the same time as the general election in each even numbered year and requires that elections be nonpartisan. Requires the election to be conducted in accordance with GS Chapter 163. Removes outdated language and now specifies that four Commissioners are to be elected to staggered four-year terms. Prohibits conducting municipal elections in the Town in 2023. Extends the terms of the mayor and two commissioners whose terms expire in 2023 by one year and the terms of the two commissioners whose terms expire in 2025 by one year. Requires elections to be conducted in the town in even-numbered years beginning in 2024. Requires in 2024 and quadrennially thereafter that two commissioners be elected for four-year terms; in 2024 and biennially thereafter that the mayor be elected to a two-year term; and that in 2026 and quadrennially thereafter that two commissioners be elected to four-year terms.
Amends Section 5 of the Charter of the Town of Walstonburg, SL 1913-45, as follows. Requires that elections be held at the time of the general election in each even numbered year. Requires the mayor and five commissions to serve two-year terms. Requires elections to be on a nonpartisan plurality basis with the results determined according to GS 163-292. Requires the election to be conducted in accordance with GS Chapter 163. Prohibits holding municipal elections in the Town in 2023. Extends by one year the terms of the five commissioners and mayor whose terms are set to expire in 2023. Requires conducting regular municipal elections in the Town in even-numbered years beginning in 2024. Requires in 2024 and biennially thereafter that the mayor and five commissioners be elected to serve two-year terms.
Includes a severability clause.
Makes conforming changes to act’s long and short titles.
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Bill S 68 (2023-2024)Summary date: Feb 6 2023 - View Summary
Amends Article XII of the Hendersonville City Charter, SL 1971-874, as amended, by adding a provision allowing Hendersonville to use proceeds from parking meters on public streets in the same manner in which proceeds from off-street parking facilities are used under GS 160A-301(b) (which allows revenue from off-street parking facilities to be pledged to amortize bonds issued to finance such facilities, or used for any other public purpose).