Bill Summary for S 912 (2023-2024)

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Summary date: 

Jun 12 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 912 (Local) Filed Monday, June 10, 2024
AN ACT TO ALIGN THE DISTRICTS OF THE WATAUGA COUNTY BOARD OF EDUCATION WITH THE DISTRICTS OF THE WATAUGA COUNTY BOARD OF COMMISSIONERS, TO ESTABLISH FOUR-YEAR TERMS FOR ALL MEMBERS OF THE WATAUGA COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT ANY ALTERATION TO THE STRUCTURE OF THE WATAUGA COUNTY BOARD OF COMMISSIONERS APPROVED IN A REFERENDUM SHALL TAKE EFFECT IN 2032.
Intro. by Hise.

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Bill summary

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

Makes organizational changes. Makes changes to the act's title. 

Removes provisions prohibiting the Watauga County Board of Commissioners (BOC) from changing its method of election or from redrawing its county commissioner districts until after the return of the next federal decennial census.

Section 1

Amends Section 1 of SL 1967-1254, as follows. Specifies that the terms of the Watauga County Board of Education (BOE) end on the first Monday in December in the year of the election. Directs that the terms of the predecessors expire at the same time and that members serve until a successor has been elected and qualified. Sets the primary date as the date provided in GS 163-1 for county partisan primaries. Now requires that the qualified voters of each district nominate and elect members who reside in their district (was, just elect). Directs that, notwithstanding GS 115C-37, the BOE electoral districts are the same as the five electoral districts for the BOC set forth in SL 2023-147 (establishing electoral districts for the BOC). Directs that the election be conducted with the applicable provisions of GS Chapters 115C and 163.  

Deletes the proposed changes to and repeals Section 2 (outdated language) and Section 3 (candidate filing requirements) in SL 1967-1254. Sets out the language implementing staggered terms in 2026 and 2028 as a standalone provision in the act.  

Amends Section 5 of SL 1967-1254, as follows. Amends the process for filling vacancies that do not occur during the period ending at noon on the fourteenth day before the close of time for filing notices of candidacy under GS 163-106.2 (time for filing notice of candidacy, and was, GS 163-106) so that vacancies are filled by appointment of the remaining members of the BOE (was, filled by the Board by appointment of a qualified county citizen). Directs that the appointee serves for the remainder of the unexpired term and that they must reside in the same districts as the member being replaced to be eligible to fill a vacancy. Makes conforming changes to the filling of vacancies occurring during the period ending at noon on the fourteenth day before the close of time for filing notices of candidacy under GS 163-106.2, which are to be filled by appointment of the remaining members of the BOE, with the appointee serving for the remainder of the unexpired term and requires that they must reside in the same districts as the member being replaced to be eligible to fill a vacancy.

Makes Section 1(a) through (d) effective the first Monday in December 2026 with elections in 2026 and thereafter held accordingly (was, effective January 1, 2025, and applies to elections held on or after that date).

Section 2

Directs that if a majority of the voters of Watauga County vote for any referendum conducted under Part 4 of Article 4 of GS Chapter 153A notwithstanding GS 153A-62 (effective dates of alterations), the alteration approved in that referendum will take effect the first Monday in December following the 2032 general election, with all elections conducted accordingly.

Section 3

Adds a severability clause.