MUNICIPAL INCORPORATION CHANGES.

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View NCGA Bill Details2013-2014 Session
House Bill 442 (Public) Filed Wednesday, March 27, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE AN ADDITIONAL PETITION BE SUBMITTED TO THE MUNICIPAL INCORPORATIONS SUBCOMMITTEE, TO SET A TIME LIMIT ON THE LIFE OF THE PETITIONS SUBMITTED TO THAT SUBCOMMITTEE, AND TO MAKE TECHNICAL CORRECTIONS.
Intro. by R. Brown.
Status: Ref To Com On Finance (Senate Action) (May 13 2013)

Bill History:

H 442

Bill Summaries:

  • Bill H 442 (2013-2014)
    Summary date: Apr 25 2013 - View Summary

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

    Amends GS 120-163, Petitions, providing that, concerning the petitions provided for in GS 120-163(a)(1), the county board of elections is required to verify and return the petition to the person who presented it within 30 working days of receipt (was, 15 working days). Repeals language that provided for a tolling of the verification and return time window for petitions during specified time periods surrounding elections.

    Provides that the petitions provided for in GS 120-163(a)(2), regarding real property owners, are required to be verified and returned by the county tax assessor within 30 working days of receipt (was, 15 working days).

    Local Government
    GS 120
  • Bill H 442 (2013-2014)
    Summary date: Mar 27 2013 - View Summary

    Amends GS 120-163, changing title to Petitions (was, Petition), providing that now in order to seek the recommendation of the Municipal Incorporations Subcommittee (Subcommittee), a petition signed by each owner of 15% of the parcels of real property in the area proposed to be incorporated, but by not less than 25 persons, must be submitted along with the already required petition which requires 15% of the registered voters, but not less than 25 registered voters.  Clarifies that the petition with the registered voters needs to be verified by the county board of elections of the county where the voter is alleged to be registered.

    Creates new subsection GS 120-163(b1), providing that the newly required petition with real property owners must be verified by the county tax assessor of the county where the parcel of real property is located. Provides the process for verification by the assessor, also requiring that for a parcel to be counted, which is owned by more than one person, the assessor must check off each person's name for the parcel to be counted. The assessor must return the petition to the person who presented it within 15 working days of receipt.

    Makes technical and clarifying changes.

    Requires that both verified petitions be presented to the Municipal Incorporations Subcommittee, and that they must be presented together at least 60 days  prior to the convening of the next regular session of the General Assembly in order for the Subcommittee to make a recommendation to that session.

    Makes technical and clarifying changes.

    Provides that the report from the Subcommittee to the General Assembly will be valid for two years.

    Amends GS 120-173, changing title to Modification and life of petition (was, Modification of petition).  Provides that petitions submitted under GS 120-163 are valid and modifiable for three years from the date of submission. After that, the petition may not be modified or considered by the Subcommittee.

    Effective when the act becomes law and applies to petitions submitted to the Subcommittee on or after September 1, 2013.

     

    Local Government
    GS 120
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