Bill Summary for S 265 (2023-2024)

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Summary date: 

Mar 29 2023
S.L. 2023-44

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 265 (Local) Filed Thursday, March 9, 2023
AN ACT TO PROVIDE THAT REGULAR MUNICIPAL ELECTIONS FOR MUNICIPALITIES IN HENDERSON, POLK, AND RUTHERFORD COUNTIES ARE HELD IN EVEN-NUMBERED YEARS; TO EXTEND THE TERMS OF THE MAYOR IN THE TOWN OF TRYON AND ALL ELECTED OFFICERS IN THE TOWN OF RUTH FROM TWO TO FOUR YEARS; AND TO PROVIDE FOR FOUR-YEAR TERMS OF OFFICE FOR ALL MEMBERS OF THE POLK COUNTY BOARD OF COMMISSIONERS.
Intro. by Moffitt.

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Bill summary

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

Part I.

Makes technical and organizational changes to the act’s amendments to the Charter of the Village of Flat Rock, SL 1995-48. Specifies that regular municipal elections will be held at the time of the general election in even-numbered years, and that elections will be conducted in accordance with the uniform municipal election laws unless otherwise provided. Removes changes to the SL and sets the provisions out independently.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Fletcher, SL 1989-44.  Specifies that regular municipal elections will be held at the time of the general election in even numbered years, and that elections will be conducted in accordance with the uniform municipal election laws unless otherwise provided.  Removes changes to the SL and sets the provisions out independently. Makes changes to the staggering of terms office for council members.

Makes technical and organizational changes to the act’s amendments to the Charter of the City of Hendersonville, SL 1971-874, as amended.  Deletes proposed changes to Section 3.3 of the Charter of the City of Hendersonville. Instead, incorporates those changes, with the following additional changes to Article IV of the charter.  Specifies that the Mayor and council members will be elected on a nonpartisan basis and results determined by the primary method as specified in GS 163-294.  Provides for elections at the time of the general election in each even-numbered year. Specifies that elections will be conducted in accordance with the uniform municipal election laws unless otherwise provided. Removes some changes to the SL and sets the provisions out independently.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Laurel Park, SL 2000-8. Requires elections to be held at the time of the general election. Repeals Sections 3.2 and 3.3 of the charter (pertaining to election of the Mayor and commissioners). Instead, enacts those changes through Section 3.1 of the charter and the act itself.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Mills River, SL 2003-242. Requires elections to be held at the time of the general election. Amends the number of council members whose terms are to expire in 2025 and are extended by one year. Removes some changes to the SL and sets the provisions out independently.

Part II.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Columbus, SL 1985-46, as amended. Specifies that the town must use the plurality method for cities specified in GS 163-292 to determine the election. (Currently, just specifies plurality method of election with no statutory cite.) Requires elections to be held at the time of the general election. Specifies that the mayor will stand for election in 2024 and every two years thereafter. Removes specified staggering of council member terms and instead sets out a provision outside of the SL requiring three Council members to be elected for staggered terms in 2024.

Deletes proposed amendments to the Charter of the City Saluda. Instead, makes the following changes through the act itself. Requires that the election of the mayor and commissioners to be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292. Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws. Provides for the election of commissioners and the mayor to four-year terms in even-numbered years. Provides for staggered terms of commissioners in 2024 and 2026, and election of the mayor in 2026. Prohibits conducting municipal elections until 2024. Extends by one year the terms of commissioners and the mayor set to expire in 2023 and 2025 who are serving on the date the act becomes law.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Tryon, SL 1971-441, as amended. Specifies that regular municipal elections will be held at the time of the general election.  Specifies that the election of the mayor and commissioners will be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292.  Specifies that elections will be conducted in accordance with the uniform municipal election laws unless otherwise provided. Moves provisions for the staggering of terms into a stand alone provision.

Part III.

Amends the Charter of the Town of Bostic, SL 1913-263, as amended to provide for the election of mayor and town commission members to four-year terms in even-numbered years (rather than odd-numbered years) for staggered terms. Deletes outdated language. Specifies that the election of the mayor and commissioners will be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292.  Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws unless otherwise provided. Prohibits conducting municipal elections until 2024. Extends by one year the terms of commission members and mayor set to expire in 2023 and 2025 who are serving on the date the act becomes law. Moves provisions for the staggering of terms into a stand alone provision.

Makes technical and organizational changes to the act’s amendments to the Charter of Chimney Rock Village, SL 1991-444. Further amends the SL to specify that regular municipal elections will be held at the time of the general election in even-numbered years, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Moves provisions for the staggering of terms into a stand alone provision.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Ellenboro, SL 1983-425, as amended.  Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Specifies that the town must use the plurality method for cities specified in GS 163-292 to determine the election. (Currently, just specifies plurality method of election with no statutory cite.)  Deletes outdated language. Moves provisions for the staggering of terms into a stand alone provision.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Forest City, SL 1981-209, as amended. Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Specifies that the town must use the plurality method for cities specified in GS 163-292. Removes outdated language. Moves provisions for the staggering of terms into a stand alone provision.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Lake Lure, SL 1987-194. Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Moves provisions for the staggering of terms into a stand alone provision.

Deletes act’s amendments to the Charter of the Town of Ruth, SL 1893-55, as amended. Instead enacts those changes through the act itself with the following additions.  Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Specifies that the election of the mayor and commissioners will be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292.

Makes technical and organizational changes to the act’s amendments to the Charter of the Town of Rutherfordton, SL 1979-350, as amended. Specifies that the election of the mayor and council members will be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292.  Specifies that regular municipal elections will be held at the time of the general election, and that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Moves provisions for the staggering of terms into a stand alone provision.

Deletes proposed changes to the Charter of the Town of Spindale, SL 1975-378, as amended. Now amends the charter to provide for election of commissioners and the mayor to four-year terms (was, two-year terms) at the time of the general election in even-numbered years rather than odd-numbered years, beginning in 2024. Staggers elections of commissioners. Specifies that the election of the mayor and commissioners will be on a nonpartisan plurality basis and the results determined in accordance with GS 163-292.  Specifies that elections will be conducted in accordance with the uniform municipal election laws except as otherwise provided. Specifies that in 2024 and quadrennially thereafter, three commissioners will be elected to serve four-year terms. In 2026 and quadrennially thereafter, a mayor and two commissioners will be elected to serve four-year terms.