Bill Summary for H 300 (2023-2024)

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Summary date: 

Mar 7 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 300 (Local) Filed Tuesday, March 7, 2023
AN ACT TO AUTHORIZE ROCKINGHAM COUNTY AND THE MUNICIPALITIES LOCATED WHOLLY OR PARTLY IN ROCKINGHAM COUNTY TO PUBLISH REQUIRED PUBLIC NOTICES ELECTRONICALLY AND TO AUTHORIZE ROCKINGHAM COUNTY TO PUBLISH LEGAL NOTICES VIA THE COUNTY-MAINTAINED WEBSITE FOR A FEE.
Intro. by Pyrtle.

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Bill summary

Applicable only to Rockingham County and any municipality located wholly or partly within the County, enacts GS 153A-52.3 (pertaining to electronic notice required to be published by municipal boards). Authorizes enacting an ordinance allowing the governing board (defined as the body elected or appointed as the board of county commissioners, city council, or county board of elections) to publish any notice required by law (including notice by publication and notices related to capital improvement projects) electronically in lieu of or in addition to the required publication or advertisement. The ordinance may cover all notices required to be published or advertised or a clearly identified category of notices. Requires the governing board to publish instructions on how to access notices electronically in a newspaper of general circulation monthly for at least 12 months following adoption of the ordinance. Specifies requirements for content and filing of any electronic notice published electronically. Clarifies that the ordinance cannot supersede any general law or local act that requires notice by mail to certain persons or classes of persons or the posting of signs on certain property. Makes conforming changes to GS 160A-1(7) (definitions for cities and towns), GS 153A-1(6) (definitions for counties), GS 159-1(b)(5) (definitions pertaining to local government finance), and GS 163-33 (enumerating powers and duties of county boards of election) to refer to electronic notice. Effective December 1, 2023. 

Applicable to Rockingham County only, enacts GS 1-602.1 allowing contracting with a county to electronically publish on its county-maintained website any notice permitted or required by law in a newspaper so long as the county has adopted an ordinance authorizing it to publish such notice. Clarifies that counties are not required to adopt such an ordinance. Permits the county’s board of commissioners to adopt an ordinance establishing the county website as a central location for publishing or advertising legal notices in accordance with this section if the county complies with all of the following: (1) the county maintains its own website, with sufficient staff to maintain that website; (2) the county has sufficient staff to complete affidavits as needed for all legal notices as required by subsection (d) of this section; (3) the county collects and remits fees as provided in GS 1-602.1. Sets forth administrative fee schedule for publication of notices as follows: (1) not more than $450 for foreclosure notices except those initiated by the county; (2) other notices by private parties, not more than $100; (3) notices by the state or any political subdivision thereof, not more than $10; and (4) no charge for notices by that county.  Sets forth court procedures for proof of notice. Clarifies that when a statute or written instrument stipulates that an advertisement of a sale will be made for any certain number of weeks, publication via the county website in accordance with this section for the number of weeks so indicated is a sufficient compliance with the requirement. Effective December 1, 2023.