Bill Summary for S 68 (2023-2024)

Printer-friendly: Click to view

Summary date: 

Sep 19 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 68 (Local) Filed Monday, February 6, 2023
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.
Intro. by Moffitt.

View: All Summaries for BillTracking:

Bill 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.