Bill Summaries: H1064 VARIOUS LOCAL PROVISIONS III (NEW).

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  • Summary date: Jun 20 2024 - View Summary

    Senate committee substitute to the 1st edition replaces the prior edition in its entirety with the following and makes conforming changes to the act's titles.

    Section 1

    Amends the Charter of the Town of Bermuda Run, Section 2 of SL 1999-94 as follows. Changes the election of town officers to a nonpartisan plurality method under GS 163-292 (currently elected using nonpartisan primaries as set forth in GS 163-294).

    Removes the Town Council's powers to appoint Town officers and employees and to fix salaries, prescribe bonds, and require oaths. Gives the Town Manager all the powers and duties of a chief administrator prescribed in GS 160A-148 and the provisions of the Charter, including the power to appoint and suspend or remove all Town officers and employees not elected by the people and whose appointment or removal is not otherwise provided for by law in line with general personnel rules as the Town Council may adopt, except the Town Attorney. Requires the Town Manager, instead of Town Council, to appoint a Town Clerk. Changes the requirement for the Town to increase its property taxes to requiring the affirmative vote of the majority of qualified voters (was, majority of residents) participating in a referendum. Makes technical and clarifying changes.

    Section 2

    Applicable only Statesville Regional Airport, amends GS 160A-272 (lease or rental of property) to extend the allowable lease term from ten years to 35 years maximum. Makes conforming changes. Repeals SL 1987-883 (allowing Statesville to lease airport property for up to 20 years) and SL 1998-102 (extending that term to 25 years). Applies to leases entered into or renewed after the date that the act becomes law.

    Section 3

    Amends Section 2.8 of the Charter of the Town of Southern Pines, SL 1981-352, as amended, so that any ordinance or action having the effect of an ordinance can be finally adopted by a majority of the Town Council members on its date of introduction. Makes technical changes.

    Section 4

    Amends Section 6.1 of the Charter of the Town of Wrightsville Beach, SL 1989-611, as amended, to allow proposed ordinances to be submitted to the Board of Alderman by petition signed by registered voters equal to at least 35% of the total number of registered voters residing within the Town of Wrightsville Beach at the time of the last regular municipal election (was, 35% of the voters voting in the last preceding regular election). Amends the timing of the special election, if held, so that it is on a date authorized by GS 163-287(a), setting requirements for special elections called by a county, municipality, or special district (was, within six months, unless a general election is fixed within six months thereafter). Makes organizational, conforming, and clarifying changes.

    Amends Section 6.5 of SL 1989-611 to require that the petition only be signed by registered voters (was, legal voters) and no longer requires the petition to include the person's age and length of residence in the town. Makes conforming changes.

    Section 5

    Shifts elections for the Jackson County Board of Education (Board) from the primary election date to the general election date. Specifies that the elections will use the nonpartisan plurality method provided in GS 163-292. Repeals SL 1961-314 (pertaining to the establishment of precincts and the election of the Board and filling of vacancies thereof), SL 1973-553 (containing (1) outdated language pertaining to an appointee of the Board and (2) updates on the filling of vacancies to the Board), and SL 1991-170. Specifies that members will be elected from five single-member residency districts to four-year staggered terms. Requires those districts to be the same as the districts used in 2022 and 2024 if the Board does not choose to modify those districts upon return of the 2030 federal decennial census. Effective the first Monday in December 2026, and directs that the 2026 elections and elections thereafter be conducted accordingly.

    Section 6

    Applicable only to Jones County and the Jones County Alcoholic Beverage Control (ABC) Board, amends GS 18B-805 as follows. Allows the Jones County ABC Board to make annual distributions of revenue by September 30 of each year. (Currently, must make quarterly distributions.) Makes conforming changes.

    Section 7

    Amends Section 4 of SL 2023-32 (concerning the Polk County Board of Education) to requires that six members be elected from residency districts and that one member be elected at-large (which is taken from the Town of Tryon’s two-member residency district). Makes conforming changes. Applies to elections held in 2026 and thereafter.

    Section 8

    Amends Section 5 of SL 2000-9 to give the Foothills Regional Airport Authority the power to erect and construct, operate, own, lease, control, or regulate, or to grant to others, for a period not to exceed 50 years, the right to operate on any airport premises hotels or places of accommodation, industrial or manufacturing facilities, aircraft hangars, aircraft maintenance and repair facilities, and other similar facilities which are directly related to aeronautical activities or to the maintenance or furnishing of air terminal services. Makes conforming changes. Applies to leases entered into or renewed on or after the act becomes law. 

    Section 9.1

    Amends Section X of the Town of Bethania’s Charter (SL 1995-74) so that the Town officers are elected on a partisan basis (was, nonpartisan plurality) as provided in GS 163-291 (partisan primaries and elections). Requires regular municipal elections to be held in odd-numbered years and conducted in line with the State’s uniform municipal election laws. Applies to elections held in 2025 and thereafter.

    Section 9.2

    Amends Section 4.2 of the Charter of the Village of Clemmons (Section 7 of SL 1985-437) so that all elections are conducted using the partisan basis (was, nonpartisan plurality) as provided in GS 163-291. Amends Section 4.1 to require regular municipal elections to be conducted in line with the State’s uniform municipal election laws. Applies to elections held in 2025 and thereafter.

    Section 9.3

    Amends Sections 9 and 10 of the Charter of the Town of Kernersville (SL 1989-381) to change the election of the Mayor and Board of Alderman to the partisan basis (was, nonpartisan plurality) as provided in GS 163-291. Removes provisions concerning the filing fee and method of filing. Makes conforming changes. Applies to elections held in 2025 and thereafter.

    Section 9.4

    Amends Section 4-1 of the Charter of the Town of Lewisville (SL 1991-116) so that the governing body is elected on a partisan basis (was, nonpartisan plurality) as provided in GS 163-291. Requires regular municipal elections to be conducted in line with the State’s uniform municipal election laws. Applies to elections held in 2025 and thereafter.

    Section 9.5

    Amends Section 4 of the Charter of the Town of Rural Hall (SL 1973-1100) so that municipal officers are elected on a partisan basis (was, nonpartisan plurality) as provided in GS 163-291.  Applies to elections held in 2025 and thereafter.

    Section 9.6

    Amends Section 6.1 of the Charter of the Village of Tobaccoville (SL 1991-232) so that village officers are elected on a partisan basis (was, nonpartisan plurality) as provided in GS 163-291. Applies to elections held in 2025 and thereafter.

    Section 9.7

    Amends Section 4 of the Charter of the Town of Walkertown (SL 1983-936) so that municipal officers are elected on a partisan basis (was, nonpartisan plurality) as provided in GS 163-291. Applies to elections held in 2025 and thereafter.

    Section 10

    Amends Section 2 of SL 1961-112, as amended, so that all vacancies on the Winston-Salem/Forsyth County Board of Education are filled in accordance with GS 115C-37.1 (election of vacancies on local boards of education on a partisan basis). Makes conforming change to GS 115C-37.1. Applies to vacancies occurring on or after the act becomes law. 


  • Summary date: May 7 2024 - View Summary

    Prevents the City of Southport from exercising its powers under GS Chapter 160D, or its predecessor, beyond its contiguous corporate limits. Effective July 1, 2024, relinquishes the city's jurisdiction over an area it is regulating under GS 160D-202 (extraterritorial jurisdiction). Once jurisdiction is relinquished, specifies that the city's regulations and powers of enforcement remain in effect until (1) Brunswick County has adopted the regulation or (2) 60 days have passed, whichever is sooner. Allows for Brunswick County to take measures consistent with GS 160D-204 (pending jurisdiction) that may be required to adopt and apply its development regulations for the area at the time it assumes jurisdiction. Specifies that any person who has vested rights in the City of Southport may exercise those rights as if no change of jurisdiction has occurred. Allows Brunswick County to take action pertaining to development that could have been taken by the City of Southport. Specifies that otherwise, any other land use in Brunswick County where the County has acquired jurisdiction is subject to the county's development regulations.