4 | | - | SESSION LAW 2025-3 |
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5 | | - | HOUSE BILL 58 |
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6 | | - | |
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7 | | - | |
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8 | | - | *H58-v-6* |
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9 | | - | AN ACT TO EXTEND THE TERMS OF THE MAYOR AND MEMBERS OF THE B OARD |
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10 | | - | OF COMMISSIONERS FOR THE TOWN OF KITTREL L FROM TWO TO FOUR |
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11 | | - | YEARS; TO PROVIDE TH AT THE ASHEBORO CITY BOARD OF EDUCATION |
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12 | | - | SHALL CONSIST OF SEVEN MEMBERS ELECTED O N A PARTISAN BASIS IN |
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13 | | - | EVEN-NUMBERED YEARS TO SE RVE FOUR-YEAR STAGGERED TERMS; TO |
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14 | | - | ESTABLISH RESIDENCY DISTRICTS FOR THE AN SON COUNTY BOARD OF |
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15 | | - | COMMISSIONERS; TO PROVIDE THAT VACANCIES ON THE CASWELL COUN TY |
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16 | | - | BOARD OF COMMISSIONE RS ARE FILLED IN ACC ORDANCE WITH |
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17 | | - | G.S. 153A-27.1; AND TO AUTHORIZE THE SCOTLAND COUNTY BOARD OF |
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18 | | - | COMMISSIONERS TO ADO PT A SCHOOL BUDGET I N ITS DISCRETION; TO |
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19 | | - | ELIMINATE THE MANDAT ORY SCHOOL FUNDING F LOOR; AND TO MAKE |
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20 | | - | CONFORMING CHANGES. |
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21 | | - | |
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22 | | - | The General Assembly of North Carolina enacts: |
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23 | | - | |
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24 | | - | SECTION 1.(a) Section 3 of the Charter of the Town of Kittrell, being Chapter 136 |
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25 | | - | of the Private Laws of 1885, reads as rewritten: |
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26 | | - | "Sec. 3. That the officers of said town shall consist of a mayor, mayor and three |
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27 | | - | commissioners and a constable; commissioners, and the commissioners shall have power to |
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28 | | - | appoint a secretary and treasurer.clerk and finance officer. The mayor and three commissioners |
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29 | | - | shall be elected for four-year terms." |
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30 | | - | SECTION 1.(b) This section is effective when it becomes law and applies to |
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31 | | - | elections held on or after that date. |
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32 | | - | SECTION 2.1.(a) Notwithstanding Chapter 35 of the 1957 Session Laws, as |
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33 | | - | amended by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session Laws, |
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34 | | - | Chapter 310 of the 1973 Session Laws, and Chapter 81 of the 1985 Session Laws, two members |
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35 | | - | of the Asheboro City Board of Education shall be elected in 2025 on a nonpartisan plurality basis |
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36 | | - | with the results determined in accordance with G.S. 163-292 to serve a one-year term. |
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37 | | - | SECTION 2.1.(b) This section does not affect the term of office of any member |
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38 | | - | elected in 2025 to the Asheboro City Board of Education. Any vacancy on the Asheboro City |
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39 | | - | Board of Education for a member elected in 2025 shall be filled by appointment of the remaining |
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40 | | - | members of the Asheboro City Board of Education to serve the remainder of the unexpired term. |
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41 | | - | Each member of the Asheboro City Board of Education elected in 2025, or any member |
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42 | | - | appointed to fill a vacancy for a member elected in 2025, shall serve until a successor has been |
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43 | | - | elected and qualified. |
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44 | | - | SECTION 2.2.(a) Section 2 of Chapter 35 of the 1957 Session Laws, as amended |
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45 | | - | by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session Laws, Chapter 310 |
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46 | | - | of the 1973 Session Laws, and Chapter 81 of the 1985 Session Laws, reads as rewritten: |
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47 | | - | "Sec. 2. (a) The Asheboro City Board of Education shall consist of 11 seven members |
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48 | | - | elected for six-year staggered four-year terms. Members shall be elected on a partisan basis. The |
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49 | | - | election shall be held at the same time as provided by general law for the municipal elections for |
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50 | | - | the City of Asheboro. At the election on November 6, 1973, four (4) members shall be elected |
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51 | | - | Page 2 Session Law 2025-3 House Bill 58 |
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52 | | - | for six-year terms. At the election on November 4, 1975, three (3) members shall be elected for |
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53 | | - | six-year terms and at the election on November 8, 1977, four (4) members shall be elected for |
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54 | | - | six-year terms. Thereafter, biennially there shall be elected members of the board to fill those |
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55 | | - | vacancies created by expiration of the terms of office. of the general election in each |
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56 | | - | even-numbered year as terms expire. Candidates for election to the Asheboro City Board of |
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57 | | - | Education shall be nominated at the same time and manner as county officers. Members shall |
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58 | | - | take office on the first Monday in December following their election. The terms of all present |
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59 | | - | members are extended until the first Monday in December following the election of their |
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60 | | - | successors, or Members shall serve until their successors are elected and qualified. The election |
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61 | | - | shall be held and conducted by the Randolph County Board of Elections under the same |
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62 | | - | applicable provisions of Articles 23 and 24 of Chapter Chapters 115C and 163 of the General |
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63 | | - | Statutes which are applicable to the election of municipal officers in the City of |
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64 | | - | Asheboro.Statutes. |
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65 | | - | (b) Any vacancy occurring by reason of death, resignation or otherwise than by expiration |
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66 | | - | of the term of office, on the Asheboro City Board of Education shall be filled for the unexpired |
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67 | | - | term by the appointment made by the remaining members of the board of education.in accordance |
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68 | | - | with G.S. 115C-37.1." |
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69 | | - | SECTION 2.2.(b) Sections 1, 3, 4, 5, 6, and 7 of Chapter 35 of the 1957 Session |
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70 | | - | Laws, as amended by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session |
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71 | | - | Laws, and Chapter 81 of the 1985 Session Laws, are repealed. |
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72 | | - | SECTION 2.2.(c) The terms of office for the four members serving on the effective |
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73 | | - | date of this section whose terms of office are set to expire in 2027 shall be extended by one year, |
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74 | | - | and the terms of office for the three members serving on the effective date of this section whose |
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75 | | - | terms are set to expire in 2029 shall be extended by one year. To maintain the staggering of terms, |
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76 | | - | members shall be elected as follows: |
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77 | | - | (1) In 2026, two members shall be elected to serve a four-year term. |
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78 | | - | (2) In 2028 and quadrennially thereafter, three members shall be elected to serve |
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79 | | - | a four-year term. |
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80 | | - | (3) In 2030 and quadrennially thereafter, four members shall be elected to serve |
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81 | | - | a four-year term. |
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82 | | - | SECTION 2.2.(d) Between the date of the 2028 general election and the first |
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83 | | - | Monday in December 2028, the Asheboro City Council shall appoint a registered voter residing |
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84 | | - | in the Asheboro City Board of Education School Administrative Unit district to serve on the |
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85 | | - | Asheboro City Board of Education to vote only in the case of a tie. The person so appointed shall |
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86 | | - | serve a term of office expiring the first Monday in December 2030. In the event of a vacancy in |
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87 | | - | the seat appointed under this subsection, the Asheboro City Council shall fill the vacancy for the |
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88 | | - | unexpired term. |
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89 | | - | SECTION 2.2.(e) G.S. 115C-37.1(d) reads as rewritten: |
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90 | | - | "(d) This section shall apply only to the Asheboro City Board of Education, the Hickory |
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91 | | - | City Board of Education and the Newton-Conover City Board of Education and in the following |
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92 | | - | counties: Alleghany, Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba, |
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93 | | - | Cherokee, Clay, Craven, Dare, Davie, Forsyth, Graham, Harnett, Henderson, Hyde, Iredell, Lee, |
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94 | | - | Lincoln, Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico, Pender, Polk, |
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95 | | - | Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey." |
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96 | | - | SECTION 2.2.(f) This section does not affect the term of office of any member |
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97 | | - | elected in 2021 or 2023 to the Asheboro City Board of Education. Any vacancy on the Asheboro |
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98 | | - | City Board of Education for a member elected in 2021 or 2023 shall be filled by appointment of |
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99 | | - | the remaining members of the Asheboro City Board of Education to serve the remainder of the |
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100 | | - | unexpired term. Each member of the Asheboro City Board of Education elected in 2021 or 2023, |
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101 | | - | or any member appointed to fill a vacancy for a member elected in 2021 or 2023, shall serve until |
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102 | | - | a successor has been elected and qualified. |
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103 | | - | House Bill 58 Session Law 2025-3 Page 3 |
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104 | | - | SECTION 2.2.(g) This section becomes effective the first Monday in December of |
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105 | | - | 2026, and elections in 2026 and thereafter shall be conducted accordingly. |
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106 | | - | SECTION 3.(a) Notwithstanding Chapter 281 of the 1987 Session Laws, the Anson |
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107 | | - | County Board of Commissioners shall consist of seven members elected from seven |
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108 | | - | single-member residency districts. One member shall be elected from each residency district. No |
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109 | | - | person shall be eligible to file for or be elected to the Anson County Board of Commissioners |
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110 | | - | unless the person is a qualified voter and resident of the district in which that candidate seeks to |
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111 | | - | be elected. All candidates for election shall be voted on by all eligible voters in the county. |
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112 | | - | Members shall take office and qualify on the first Monday in December of the year of election, |
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113 | | - | and the terms of their predecessors shall expire at that same time. Members shall serve until a |
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114 | | - | successor has been elected and qualified. |
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115 | | - | SECTION 3.(b) Until revised in accordance with G.S. 153A-22.1, the residency |
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116 | | - | districts required by this section shall be the districts used in the 2022 elections for the Anson |
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117 | | - | County Board of Commissioners. |
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118 | | - | SECTION 3.(c) G.S. 153A-22.1(f), as enacted by Chapter 215 of the 1995 Session |
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119 | | - | Laws, and as rewritten by S.L. 1998-175, S.L. 2011-126, S.L. 2023-24, and S.L. 2023-30, reads |
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120 | | - | as rewritten: |
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121 | | - | "(f) This section applies to Henderson and Moore Johnston, Anson, Henderson, Johnston, |
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122 | | - | and Moore Counties only." |
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123 | | - | SECTION 3.(d) This section becomes effective the first Monday in December 2026, |
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124 | | - | and elections in 2026 and thereafter shall be conducted accordingly. |
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125 | | - | SECTION 4.(a) G.S. 153A-27.1(h) reads as rewritten: |
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126 | | - | "(h) This section shall apply only in the following counties: Alamance, Alexander, |
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127 | | - | Alleghany, Avery, Beaufort, Brunswick, Buncombe, Caldwell, Carteret, Caswell, Cherokee, |
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128 | | - | Clay, Cleveland, Cumberland, Dare, Davidson, Davie, Forsyth, Graham, Guilford, Harnett, |
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129 | | - | Haywood, Henderson, Hyde, Jackson, Lee, Lincoln, Macon, Madison, McDowell, Mecklenburg, |
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130 | | - | Moore, Onslow, Pender, Polk, Randolph, Rockingham, Rutherford, Sampson, Stanly, Stokes, |
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131 | | - | Transylvania, and Yancey." |
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132 | | - | SECTION 4.(b) This section is effective when it becomes law and applies to |
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133 | | - | vacancies filled on or after March 3, 2025. Any vacancy occurring on the Caswell County Board |
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134 | | - | of Commissioners on or after March 3, 2025, shall be filled in accordance with G.S. 153A-27.1. |
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135 | | - | SECTION 4.1. Chapter 707 of the 1963 Session Laws, as amended by S.L. |
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136 | | - | 1973-306, 2002-66, 2004-203, and 2006-171, reads as rewritten: |
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137 | | - | "Section 1. The purposes of this Act, among others, are to provide an enabling Statute, in |
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138 | | - | addition to other Statutes which may be available for such purposes, for the merger of the |
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139 | | - | Laurinburg City School Administrative Unit and the Scotland County School Administrative |
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140 | | - | Unit. |
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141 | | - | "Sec. 2. The Laurinburg City Board of Education and the Scotland County Board of |
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142 | | - | Education, by majority vote of the full membership of each of said Boards, may jointly petition |
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143 | | - | the Scotland County Board of Commissioners for a county-wide election on the following |
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144 | | - | subjects: |
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145 | | - | (a) The merger of the Laurinburg City School Administrative Unit and the Scotland |
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146 | | - | County School Administrative Unit and their respective Boards of Education. |
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147 | | - | (b) The construction of a new consolidated high school to be established to serve the |
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148 | | - | students assigned to Gibson High School, Laurel Hill High School, Laurinburg High School, and |
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149 | | - | Wagram High School, and the issuance of bonds pursuant to the County Finance Act, as |
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150 | | - | amended, for construction of said consolidated high school and for other school purposes in an |
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151 | | - | amount to be determined by the Scotland County Board of Commissioners upon the |
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152 | | - | recommendation of the existing City and County Boards of Education. |
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153 | | - | (c) To require the Laurinburg-Scotland County Board of Education to request and the |
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154 | | - | Scotland County Board of Commissioners to appropriate annually from any local sources, |
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155 | | - | Page 4 Session Law 2025-3 House Bill 58 |
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156 | | - | including both general and supplemental tax revenues, such funds as will provide, at a minimum, |
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157 | | - | current expense expenditures per student from local funds which shall be no less than the average |
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158 | | - | current expense expenditures per student from local funds throughout the State, as determined |
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159 | | - | by the latest certification of the State Superintendent of Public Instruction. |
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160 | | - | (d) To authorize the County Commissioners to levy a county-wide supplemental school |
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161 | | - | tax not to exceed fifty cents (50¢) per one hundred dollar valuation. |
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162 | | - | "Sec. 3. Upon the receipt of such petition, it shall be the duty of the Scotland County Board |
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163 | | - | of Commissioners to call an election upon the foregoing subjects within sixty (60) days thereafter |
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164 | | - | and fix the date for the same. The provisions of this Act, relating to the merger of the Laurinburg |
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165 | | - | City School Administrative Unit and the Scotland County School Administrative Unit, shall be |
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166 | | - | contingent upon the approval, by a majority of the voters voting in a county-wide election, of all |
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167 | | - | the proposals as set out in subsections (a) through (d) of Section 2 of this Act. The said election |
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168 | | - | shall be conducted in accordance with the applicable provisions of the General Statutes of North |
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169 | | - | Carolina. |
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170 | | - | "Sec. 4.(a) The Scotland County Board of Education shall be comprised of 8 members. Five |
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171 | | - | of the members shall be residents of the Stewartsville Township and 3 of the members shall be |
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172 | | - | residents of any of the remaining 3 townships in Scotland County at large. |
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173 | | - | (b) Beginning with a primary election to be held in 1974, 2 members who shall be |
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174 | | - | residents of the Stewartsville Township and 2 members, who shall be residents of the other 3 |
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175 | | - | townships at large shall be elected to membership on the Scotland County Board of Education |
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176 | | - | for initial terms of 4 years to expire in 1978. Beginning with a primary election to be held in |
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177 | | - | 1976, 3 members, who shall be residents of the Stewartsville Township, and 1 member, who shall |
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178 | | - | be a resident of any of the other 3 townships, shall be elected to membership on the said board |
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179 | | - | for initial terms of 4 years to expire in 1980. In 1978 when the initial terms of the first 4 members |
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180 | | - | expire and in the regular county-wide biennial election of that year and in each regular |
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181 | | - | county-wide biennial election thereafter, four members shall be elected for terms of four years |
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182 | | - | each. |
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183 | | - | (c) The initial election for the 4 year terms of the 2 Stewartsville Township members and |
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184 | | - | the 2 members at large shall be conducted according to the procedure set forth in subsections |
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185 | | - | (d)(1) and (2) which provide for the regular elections for these seats beginning in 1978 and the |
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186 | | - | initial election for the four-year terms of the other 3 Stewartsville Township members and the |
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187 | | - | other 1 member at large shall be conducted in accordance with the procedures set forth in |
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188 | | - | subsection (d)(3) and (4) which provides for regular elections for these seats on the board |
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189 | | - | beginning in 1980. |
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190 | | - | (d) The procedure for election of members to the Scotland County Board of Education |
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191 | | - | beginning in 1978 and every 2 years thereafter shall be as follows: |
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192 | | - | (1) At a primary election to be held in 1978 and every four years thereafter at the |
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193 | | - | same time as the primary for the nomination of county officers 2 persons who |
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194 | | - | shall reside within the Stewartsville Township and 2 persons who shall reside |
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195 | | - | within any one of the other 3 Scotland County Townships at large shall be |
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196 | | - | elected for terms of 4 years each. |
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197 | | - | (2) (a) The 2 candidates from Stewartsville Township receiving the largest |
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198 | | - | number of votes in the primary election shall be the nominees whose |
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199 | | - | names shall be placed upon the ballot at the general election and the 2 |
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200 | | - | candidates at large from the other 3 Scotland County Townships who |
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201 | | - | shall receive the largest number of votes in the primary election shall |
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202 | | - | be the at large nominees whose names shall be placed upon the ballot |
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203 | | - | at the general election; provided however, that if 2 or fewer candidates |
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204 | | - | should file for nomination from the Stewartsville Township and if 2 or |
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205 | | - | fewer candidates should file for the nomination from the other 3 |
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206 | | - | townships at large the names of such candidates shall be placed on the |
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207 | | - | House Bill 58 Session Law 2025-3 Page 5 |
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208 | | - | ballot for the general election and there shall be no primary election |
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209 | | - | for the Stewartsville Township or for the 3 at large townships. |
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210 | | - | (b) If the number of candidates who file for nomination from the |
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211 | | - | Stewartsville Township is twice or fewer than the number of vacancies |
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212 | | - | from Stewartsville Township the names of such candidates shall be |
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213 | | - | placed on the ballot for the general election and there shall be no |
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214 | | - | primary election; provided further, that if the number of candidates |
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215 | | - | who file for nomination from the Stewartsville Township is more than |
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216 | | - | twice the number of vacancies from the Stewartsville Township there |
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217 | | - | shall be placed on the ballot at the general election the four (twice the |
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218 | | - | number of vacancies) candidates receiving the largest number of votes. |
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219 | | - | (c) If the number of candidates who file for nomination from the other 3 |
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220 | | - | Scotland County Townships is twice or fewer than the number of |
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221 | | - | vacancies from the other 3 Scotland County Townships the names of |
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222 | | - | such candidates shall be placed on the ballot for the general election |
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223 | | - | and there shall be no primary election; provided further, that if the |
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224 | | - | number of candidates who file for nomination from the other 3 |
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225 | | - | Scotland County Townships is more than twice the number of |
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226 | | - | vacancies from the other 3 Scotland County Townships there shall be |
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227 | | - | placed on the ballot at the general election the 4 (twice the number of |
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228 | | - | vacancies) candidates receiving the largest number of votes. |
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229 | | - | (3) At a primary election to be held in 1980 and every 4 years thereafter at the |
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230 | | - | same time as the primary for the nomination of county officers 3 persons who |
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231 | | - | shall reside within the Stewartville Township and 1 person who shall reside |
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232 | | - | within any 1 of the other 3 Scotland County Townships at large shall be |
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233 | | - | elected to membership on the Scotland County Board of Education for terms |
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234 | | - | of 4 years each. |
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235 | | - | (4) (a) The 3 candidates from Stewartsville Township receiving the largest |
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236 | | - | number of votes in the primary election and the 1 candidate from the |
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237 | | - | other 3 Scotland County Townships receiving the largest number of |
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238 | | - | votes in the primary election shall be the nominees whose names shall |
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239 | | - | be placed upon the ballot at the general election; provided however, |
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240 | | - | that if 3 or fewer candidates should file for nomination from the |
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241 | | - | Stewartsville Township or no more than 1 candidate should file for |
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242 | | - | nomination from the other 3 townships at large the names of such |
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243 | | - | candidates shall be placed on the ballot for the general election and |
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244 | | - | there shall be no primary election for the Stewartsville Township or |
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245 | | - | for Scotland County at large. |
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246 | | - | (b) If the number of candidates who file for nomination from the |
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247 | | - | Stewartsville Township is twice or fewer than the number of vacancies |
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248 | | - | from Stewartsville Township the names of such candidates shall be |
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249 | | - | placed on the ballot for the general election and there shall be no |
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250 | | - | primary election; provided further, that if the number of candidates |
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251 | | - | who file for nomination from the Stewartsville Township is more than |
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252 | | - | twice the number of vacancies from the Stewartsville Township there |
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253 | | - | shall be placed on the ballot at the general election the 6 (twice the |
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254 | | - | number of vacancies) candidates receiving the largest number of votes. |
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255 | | - | (c) If the number of candidates who file for nomination from the other 3 |
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256 | | - | Scotland County Townships at large shall be twice or fewer than the |
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257 | | - | number of vacancies from the other 3 Scotland County Townships the |
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258 | | - | names of such candidates shall be placed on the ballot for the general |
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259 | | - | Page 6 Session Law 2025-3 House Bill 58 |
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260 | | - | election and there shall be no primary election; provided further that if |
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261 | | - | the number of candidates who file for the nomination from the other 3 |
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262 | | - | Scotland County Townships is more than twice the number of |
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263 | | - | vacancies from the other 3 Scotland County Townships there shall be |
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264 | | - | placed on the ballot at the general election the 2 (twice the number of |
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265 | | - | vacancies) candidates receiving the largest number of votes. |
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266 | | - | (e) Repealed by Section 6 of Session Law 2006-171. |
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267 | | - | (f) The Board of Education shall prepare a ballot for use in the primaries and general |
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268 | | - | elections which shall be separate from other ballots and on which shall be listed separately the |
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269 | | - | candidates from the Stewartsville Township and the candidates from the 3 other Scotland County |
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270 | | - | Townships at large. The names of the candidates shall be placed on a ballot separate from other |
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271 | | - | ballots, bearing no party designation, and no party affiliation need be indicated at the time of |
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272 | | - | filing. Except as herein provided, all primary elections and general elections shall be held, |
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273 | | - | conducted and supervised by the County Board of Elections under the laws and regulations |
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274 | | - | providing for the election of county officers. |
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275 | | - | (g) All candidates for membership on the Scotland County Board of Education shall file |
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276 | | - | a notice of such candidacy with the Board of Elections not later than 12:00 p.m. on the Monday |
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277 | | - | preceding the tenth Tuesday before the primary election is to be held and each candidate shall |
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278 | | - | pay a filing fee of ten dollars ($10.00) and in addition shall certify in writing whether he is filing |
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279 | | - | for the Stewartsville Township seat or the at-large seat, the township within which he resides and |
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280 | | - | that he is a bona fide resident thereof, said notice to be filed with the Scotland County Board of |
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281 | | - | Elections. |
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282 | | - | (h) All persons registered and qualified to vote in the general election shall be qualified |
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283 | | - | to vote in the primary. All qualified voters of Scotland County may vote in any primary or general |
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284 | | - | election held pursuant to this act and may vote for all candidates for the Board of Education |
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285 | | - | regardless of their residence in either the Stewartsville Township or the at-large townships. |
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286 | | - | (i) Any vacancies which may occur on the Scotland County Board of Education after the |
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287 | | - | election of the members of the Board in 1974 shall be filled by appointment by a majority of the |
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288 | | - | remaining members of the board for the unexpired term; provided that, if the seat which shall |
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289 | | - | become vacant is held by a resident of Stewartsville Township his successor shall likewise be a |
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290 | | - | resident of the Stewartsville Township and if the seat which shall become vacant is held by a |
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291 | | - | resident of the at-large townships his successor shall likewise be a resident of one of the at-large |
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292 | | - | townships. |
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293 | | - | (j) In the event no candidate is elected in the general election to fill any term which is |
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294 | | - | about to expire then and in that event the Scotland County Board of Education shall declare a |
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295 | | - | vacancy and such vacancy shall be filled in accordance with subsection (i). |
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296 | | - | "Sec. 5. The following provisions shall apply in the event of merger under the plan provided |
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297 | | - | for in this Act. |
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298 | | - | (a) The Consolidated Board shall be the County Board of Education in and for Scotland |
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299 | | - | County and shall have county-wide jurisdiction over the public school system in Scotland |
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300 | | - | County, including all municipalities located therein. The name of the Consolidated Board shall |
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301 | | - | be: Laurinburg-Scotland County Board of Education.The public school system of Scotland |
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302 | | - | County shall be known as and shall use the style of "Scotland County School System," and the |
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303 | | - | Board of Education shall be known as and shall use the style of "Scotland County Board of |
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304 | | - | Education." |
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305 | | - | (b) Repealed by Section 2 of Chapter 306 of the 1973 Session Laws. |
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306 | | - | (c) For the fiscal year beginning July 1 immediately following merging of the two Boards |
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307 | | - | of Education, if the Consolidated Board is not created in sufficient time to present its |
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308 | | - | supplemental tax budget and its capital outlay, debt service and current expense budgets within |
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309 | | - | the time prescribed by law for said fiscal year, then the members of the Scotland County Board |
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310 | | - | of Education and the members of the Laurinburg City Board of Education, acting jointly and by |
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311 | | - | House Bill 58 Session Law 2025-3 Page 7 |
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312 | | - | a majority vote of all members present, shall determine the amount and contents of the |
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313 | | - | supplemental tax budget requested for the fiscal year beginning July 1 of that year, and shall give |
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314 | | - | the Scotland County Board of Commissioners due notice thereof in time to levy such taxes as |
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315 | | - | may be necessary to provide funds for said budget for that year, and the said two Boards of |
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316 | | - | Education, acting in like manner, shall prepare and submit to the said Board of Commissioners |
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317 | | - | the capital outlay, debt service, and current expense budgets for that fiscal year within the time |
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318 | | - | prescribed by law. |
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319 | | - | (d) Each year following the merging of the two Boards of Education, at the same time |
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320 | | - | the other school budgets are filed, the Laurinburg-Scotland County Board of Education shall file |
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321 | | - | a supplemental tax budget which, when added to the regular budget, shall provide, at a minimum, |
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322 | | - | current expense expenditures per student from local funds which are no less than the average |
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323 | | - | current expense expenditures per student from local funds throughout the State as determined by |
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324 | | - | the latest certification of the State Superintendent of Public Instruction. The said Board of |
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325 | | - | Commissioners shall approve the regular and supplemental tax budgets in the minimum amount |
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326 | | - | provided for above and may approve the regular and supplemental tax budgets in larger amounts, |
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327 | | - | and shall then provide the funds therefor from local funds.For fiscal year 2025-2026, the Scotland |
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328 | | - | County Board of Education shall submit to the Scotland County Board of Commissioners, at the |
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329 | | - | same time the other school budgets are filed, a budget request for operational and capital funding |
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330 | | - | in amounts that would provide an appropriate education to all students in Scotland County during |
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331 | | - | that fiscal year. In evaluating the request, the board of commissioners shall consider the |
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332 | | - | educational goals and policies of the State and the local board of education, the budgetary request |
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333 | | - | of the board of education, the financial resources of the county and the board of education, and |
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334 | | - | the fiscal policies of the board of county commissioners and the board of education. Based on |
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335 | | - | this evaluation, the board of commissioners shall determine, in its discretion, the amount of |
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336 | | - | county revenues, including any voted supplemental tax revenues, to be appropriated to the board |
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337 | | - | of education's local current expense fund and capital outlay fund for fiscal year 2025-2026. |
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338 | | - | Neither the board of education nor the board of commissioners may initiate a dispute resolution |
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339 | | - | process or file any legal action challenging the determination of funds to be appropriated by the |
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340 | | - | board of commissioners to the local current expense fund and capital outlay fund for fiscal year |
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341 | | - | 2025-2026. Beginning with fiscal year 2026-2027 and each year thereafter, the preparation, |
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342 | | - | submission, and approval of a budget for the board of education shall be in accordance with |
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343 | | - | Article 31 of Chapter 115C of the General Statutes. |
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344 | | - | (e) The Laurinburg-Scotland Scotland County Board of Education, as reorganized, shall |
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345 | | - | appoint a treasurer of all the school funds of the Laurinburg-Scotland Scotland County School |
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346 | | - | Administrative Unit. The treasurer so appointed shall continue to fill such position at the |
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347 | | - | discretion of the Board of Education. No person authorized to make the expenditures or draw |
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348 | | - | vouchers therefor, or to approve the same, shall act as treasurer of said funds. The treasurer shall |
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349 | | - | give bond for the faithful performance of his duties in such amount as the Board of Education |
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350 | | - | may prescribe, but, in no event, for less than twenty-five thousand dollars ($25,000.00). Except |
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351 | | - | as herein otherwise expressly provided, the treasurer shall perform duties prescribed by |
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352 | | - | applicable provisions of Chapter 115 of the General Statutes of North Carolina and shall be |
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353 | | - | subject to all of such provisions of said Act. All sums appropriated by said Board of |
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354 | | - | Commissioners for capital outlay, current expense and to supplement the current expense fund |
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355 | | - | from State and county allotments shall be paid over to the Treasurer of the Laurinburg-Scotland |
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356 | | - | Scotland County Board of Education at reasonable periods after the receipt of said funds by the |
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357 | | - | Treasurer of Scotland County; provided, however, that the said Board of Commissioners shall |
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358 | | - | hold and administer the proceeds of school bond sales in accordance with the procedure now |
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359 | | - | being followed in holding and administering the proceeds of such sales. |
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360 | | - | (f) In addition to the election of a chairman in accordance with the provisions of Chapter |
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361 | | - | 115 of the General Statutes, the Laurinburg-Scotland Scotland County Board of Education may |
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362 | | - | also select one of its members as vice-chairman who shall preside at all meetings of the Board in |
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363 | | - | Page 8 Session Law 2025-3 House Bill 58 |
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364 | | - | the absence of the chairman, and whenever the Board shall have duly authorized the execution |
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365 | | - | of any contract, conveyance, or other instrument, the vice-chairman shall have the same authority |
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366 | | - | as the chairman to execute the same on behalf of the Board. In the event of absence or inability |
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367 | | - | of both the chairman and vice-chairman, the Board by resolution duly adopted and spread upon |
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368 | | - | the minutes of any meeting, may authorize any other member to execute any contract, |
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369 | | - | conveyance or instrument for and on behalf of the Board. |
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370 | | - | (g) The superintendent of schools shall be ex officio secretary of the Board as provided |
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371 | | - | by G. S. 115-36. The Board may elect an assistant secretary to serve at the pleasure of the Board. |
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372 | | - | The assistant secretary may be, but shall not be required to be, a member of the Board. Such |
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373 | | - | assistant secretary may perform the duties of the secretary of the Board when the secretary is |
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374 | | - | absent from any meeting or for any other reason is unable to perform his duties as secretary. The |
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375 | | - | assistant secretary shall have authority to attest all contracts, conveyances, and other instruments |
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376 | | - | which are required by law to be attested by the secretary. The secretary, or in his absence, the |
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377 | | - | assistant secretary, shall keep the minutes of all meetings of the Board and it shall be the duty of |
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378 | | - | such secretary or assistant secretary to furnish each member of the Board with a copy of the |
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379 | | - | minutes as soon after any meeting as may be reasonably practicable. |
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380 | | - | (h) In addition to the election of a superintendent of schools in the manner provided by |
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381 | | - | the general law, the Board may employ, upon recommendation of the superintendent, such |
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382 | | - | associate superintendents and assistant superintendents and such other administrative officers as |
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383 | | - | it may deem necessary and proper, fix their salaries' and prescribe their duties and powers. They |
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384 | | - | may be elected to serve at the pleasure of the Board or for such terms as may be fixed by the |
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385 | | - | Board, but the terms of any associate superintendents or assistant superintendents shall not |
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386 | | - | exceed the term for which the superintendent is employed. All principals, supervisory personnel, |
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387 | | - | and teachers shall be employed by the Board, upon recommendation of the superintendent. The |
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388 | | - | Board may delegate to the superintendent of schools or to one or more associate superintendents |
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389 | | - | or assistant superintendents or to other administrative officers, the authority to employ and |
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390 | | - | prescribe the duties of all other employees or classes of employees, including janitors and maids, |
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391 | | - | and to fix the compensation and the terms or periods for which they shall be employed, subject |
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392 | | - | to the approval of the Board of Education. |
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393 | | - | (i) A majority of the full membership of the Laurinburg-Scotland Scotland County Board |
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394 | | - | of Education shall constitute a quorum. |
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395 | | - | (j) The Laurinburg-Scotland Scotland County Board of Education may appoint an |
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396 | | - | advisory council for any school or for all the schools within the system. The purpose and function |
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397 | | - | of an advisory council shall be to serve in an advisory capacity to the Board on matters affecting |
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398 | | - | the school or schools for which it is appointed. The organization, terms, composition and |
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399 | | - | regulations for the operation of such advisory council shall be determined by the Board. Article |
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400 | | - | 7 of Chapter 115 of the General Statutes (School Committees) shall not apply to Scotland County. |
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401 | | - | The Laurinburg-Scotland Scotland County School Administrative Unit shall constitute one |
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402 | | - | school unit. |
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403 | | - | (k) Title to all property of the Laurinburg City Board of Education and the Scotland |
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404 | | - | County Board of Education, both real and personal, of every kind and description, shall be vested |
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405 | | - | in the Laurinburg-Scotland Scotland County Board of Education as of the effective date of |
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406 | | - | consolidation. The Laurinburg City Board of Education and the Scotland County Board of |
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407 | | - | Education shall have full and ample authority to execute without consideration therefor or public |
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408 | | - | sale of the property involved, all such deeds and other instruments as may be deemed necessary |
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409 | | - | or proper to vest record title to any such property in the Laurinburg-Scotland Scotland County |
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410 | | - | Board of Education. |
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411 | | - | (l) All claims and demands of every kind which the Laurinburg City Board of Education |
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412 | | - | or the Scotland County Board of Education may have as of the effective date of consolidation |
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413 | | - | shall pass and be transferred to the Laurinburg-Scotland Scotland County Board of Education |
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414 | | - | and the Laurinburg-Scotland Scotland County Board of Education shall have the same power |
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415 | | - | House Bill 58 Session Law 2025-3 Page 9 |
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416 | | - | and authority to enforce said claims and demands as the Laurinburg City Board of Education or |
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417 | | - | the Scotland County Board of Education would have had in the event of its continued existence. |
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418 | | - | Any obligations or liabilities of the Laurinburg City Board of Education or the Scotland County |
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419 | | - | Board of Education existing as of the effective date of consolidation, shall be and become the |
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420 | | - | obligations and liabilities of the Laurinburg-Scotland Scotland County Board of Education and |
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421 | | - | such obligations and liabilities may be enforced against said Laurinburg-Scotland Scotland |
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422 | | - | County Board of Education to the same extent that they might have been enforced against the |
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423 | | - | Laurinburg City Board of Education or the Scotland County Board of Education had the said |
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424 | | - | Boards continued in existence. |
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425 | | - | (m) As of the effective date of consolidation, all provisions of the Charter of the City of |
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426 | | - | Laurinburg relating to public schools shall be deemed and are hereby repealed. |
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427 | | - | "Sec. 6. The provisions of this Act shall prevail over any inconsistent provisions of Chapter |
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428 | | - | 115 Chapter 115C of the General Statutes of North Carolina and other general or special Acts. |
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429 | | - | "Sec. 7. The provisions in the preceding Sections of this Act shall be contingent upon the |
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430 | | - | following: |
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431 | | - | (a) Approval of the following by a majority of the voters voting in said election: |
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432 | | - | (1) Merger under the plan as set forth in this Act; |
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433 | | - | (2) Construction of a new consolidated high school to be established to serve the |
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434 | | - | students assigned to Gibson High School, Laurel Hill High School, |
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435 | | - | Laurinburg High School, and Wagram High School, and the issuance of bonds |
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436 | | - | pursuant to the County Finance Act, as amended, for construction of said |
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437 | | - | consolidated high school and for other school purposes in an amount as |
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438 | | - | determined by the Scotland County Board of Commissioners upon the |
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439 | | - | recommendation of the existing City and County Boards of Education. |
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440 | | - | (3) Requiring the Laurinburg-Scotland County Board of Education to request and |
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441 | | - | the Scotland County Board of Commissioners to appropriate annually from |
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442 | | - | any local sources, including both general and supplemental tax revenues, such |
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443 | | - | funds as will provide, at a minimum, current expense expenditures per student |
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444 | | - | from local funds which are no less than the average current expense |
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445 | | - | expenditures per student from local funds throughout the State, as determined |
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446 | | - | by the latest certification of the State Superintendent of Public Instruction. |
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447 | | - | (4) Authorizing the Scotland County Board of Commissioners to levy a |
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448 | | - | county-wide supplemental school tax not to exceed fifty cents (50¢) per one |
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449 | | - | hundred dollar valuation. |
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450 | | - | (b) Petition by the Laurinburg City Board of Education to the Scotland County Board of |
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451 | | - | Education and the State Board of Education for merger of the Laurinburg City Administrative |
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452 | | - | School Unit and the Scotland County Administrative School Unit under this Act and Section |
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453 | | - | 115-74 of the General Statutes of North Carolina within ninety (90) days after the announcement |
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454 | | - | of a favorable vote in such election. Said petition shall specify the effective date of merger. |
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455 | | - | (c) Approval of said merger by the Scotland County Board of Education. |
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456 | | - | (d) Approval of said merger by the State Board of Education. |
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457 | | - | "Sec. 8. If an election under this Act fails to carry on the subjects in Section 7 (a) (1) through |
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458 | | - | (4), or if no petition for consolidation is made under Section 7 (b), or if such petition is made but |
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459 | | - | not approved as required under Section 7 (c) and (d) of this Act, another election may be called, |
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460 | | - | for a vote on the subjects as outlined in Section 7 (a) (1) through (4) at any time after expiration |
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461 | | - | of six (6) months following the date of the next preceding election called and held under this Act. |
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462 | | - | "Sec. 9. Nothing in this Act shall operate to repeal any special school tax now provided for |
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463 | | - | by law for the Laurinburg City School Administrative Unit or the Scotland County School |
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464 | | - | Administrative Unit unless a majority of the votes cast in said election authorizes the subjects in |
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465 | | - | Section 7 (a) (1) through (4) of this Act and until the merger of the units is effected. |
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466 | | - | Page 10 Session Law 2025-3 House Bill 58 |
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467 | | - | "Sec. 9.1. For the 2002-2003 fiscal year only, current expense expenditures from local funds |
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468 | | - | for the Scotland County Schools shall be eight million seven hundred thousand dollars |
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469 | | - | ($8,700,000) and said sum shall be appropriated by the Scotland County Board of Commissioners |
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470 | | - | from local funds, including both general and supplemental tax revenues, and not including fines |
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471 | | - | and forfeitures or restricted use sales taxes authorized by Article 40 or 42 of Chapter 105 of the |
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472 | | - | General Statutes. |
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473 | | - | "Sec. 9.2. Beginning with the 2003-2004 fiscal year, the base amount of funding for current |
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474 | | - | expense expenditures from local funds shall include the previous year's level of current expense |
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475 | | - | expenditures (for example, eight million seven hundred thousand dollars ($8,700,000) in |
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476 | | - | 2002-2003), multiplied by one plus the average percentage change in local current expense |
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477 | | - | school expenditures for the two most recent available fiscal years for low-wealth counties in |
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478 | | - | North Carolina (all local expenditures shall include local current expense expenditures incurred |
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479 | | - | by charter schools within the appropriate districts), as determined by the Superintendent of Public |
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480 | | - | Instruction or that person's designee. The average percentage change shall be calculated by (i) |
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481 | | - | adding together for each of the two previous fiscal years the total current local expense |
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482 | | - | expenditures for all low-wealth counties, (ii) dividing each of those totals, respectively, by the |
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483 | | - | number of low-wealth counties receiving low-wealth funding in each year to obtain an average |
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484 | | - | low-wealth county local current expense expenditure for each year, and (iii) comparing the two |
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485 | | - | averages. The average percentage change shall equal the percent difference between the averages |
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486 | | - | for the two years. The resulting product shall then be multiplied by a ratio consisting of the |
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487 | | - | Average Daily Membership used to distribute State funding for the succeeding fiscal year as |
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488 | | - | provided by the Department of Public Instruction, divided by the Average Daily Membership |
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489 | | - | used to distribute funding for the current fiscal year, as determined by the Superintendent of |
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490 | | - | Public Instruction, or that person's designee. The resulting product shall be the required level of |
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491 | | - | current expense funding to be appropriated by the Board of Commissioners from any local |
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492 | | - | sources, including both general and supplemental tax revenues, and not including fines and |
---|
493 | | - | forfeitures or restricted use sales taxes authorized by Article 40 or 42 of Chapter 105 of the |
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494 | | - | General Statutes. |
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495 | | - | "Sec. 9.3. Notwithstanding the provisions of Sections 9.1 and 9.2 of this act, the Scotland |
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496 | | - | County Board of Commissioners and the Scotland County Board of Education may, in |
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497 | | - | extraordinary economic circumstances, jointly set a level of current expense expenditures for a |
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498 | | - | fiscal year. This deviation from Sections 9.1 and 9.2 of this act shall be valid only if approved by |
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499 | | - | resolution of both boards. |
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500 | | - | "Sec. 10. The public school system of Scotland County shall be known as and shall use the |
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501 | | - | style of 'Scotland County School System' and the board of education shall be known as and shall |
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502 | | - | use the style of 'Scotland County Board of Education'. |
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503 | | - | "Sec. 11. This Act shall be in full force and effect from and after its ratification." |
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504 | | - | SECTION 5. Except as otherwise provided, this act is effective when it becomes |
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505 | | - | law. |
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506 | | - | In the General Assembly read three times and ratified this the 27 |
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507 | | - | th |
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508 | | - | day of March, 2025. |
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509 | | - | |
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510 | | - | |
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511 | | - | s/ Rachel Hunt |
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512 | | - | President of the Senate |
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513 | | - | |
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514 | | - | |
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515 | | - | s/ Wyatt Gable |
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516 | | - | Presiding Officer of the House of Representatives |
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| 9 | + | Short Title: Various Local Elections. (Local) |
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| 10 | + | Sponsors: |
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| 11 | + | Referred to: |
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| 12 | + | February 5, 2025 |
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| 13 | + | *H58-v-4* |
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| 14 | + | A BILL TO BE ENTITLED 1 |
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| 15 | + | AN ACT TO EXTEND THE TERMS OF THE MAYOR AND MEMBERS OF THE B OARD 2 |
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| 16 | + | OF COMMISSIONERS FOR THE TOWN OF KITTREL L FROM TWO TO FOUR 3 |
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| 17 | + | YEARS; TO PROVIDE TH AT THE ASHEBORO CITY BOARD OF EDUCATION 4 |
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| 18 | + | SHALL CONSIST OF SEVEN MEMBERS ELECTED O N A PARTISAN BASIS IN 5 |
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| 19 | + | EVEN-NUMBERED YEARS TO SERVE FOUR-YEAR STAGGERED TERMS; TO 6 |
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| 20 | + | ESTABLISH RESIDENCY DISTRICTS FOR THE AN SON COUNTY BOARD OF 7 |
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| 21 | + | COMMISSIONERS; TO PROVIDE THAT VACANCIES ON THE CASWELL COUN TY 8 |
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| 22 | + | BOARD OF COMMISSIONE RS ARE FILLED IN ACC ORDANCE WITH 9 |
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| 23 | + | G.S. 153A-27.1; AND TO AUTHORIZE T HE SCOTLAND COUNTY B OARD OF 10 |
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| 24 | + | COMMISSIONERS TO ADO PT A SCHOOL BUDGET I N ITS DISCRETION; TO 11 |
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| 25 | + | ELIMINATE THE MANDAT ORY SCHOOL FUNDING F LOOR; AND TO MAKE 12 |
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| 26 | + | CONFORMING CHANGES. 13 |
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| 27 | + | The General Assembly of North Carolina enacts: 14 |
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| 28 | + | SECTION 1.(a) Section 3 of the Charter of the Town of Kittrell, being Chapter 136 15 |
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| 29 | + | of the Private Laws of 1885, reads as rewritten: 16 |
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| 30 | + | "Sec. 3. That the officers of said town shall consist of a mayor, mayor and three 17 |
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| 31 | + | commissioners and a constable; commissioners, and the commissioners shall have power to 18 |
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| 32 | + | appoint a secretary and treasurer.clerk and finance officer. The mayor and three commissioners 19 |
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| 33 | + | shall be elected for four-year terms." 20 |
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| 34 | + | SECTION 1.(b) This section is effective when it becomes law and applies to 21 |
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| 35 | + | elections held on or after that date. 22 |
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| 36 | + | SECTION 2.1.(a) Notwithstanding Chapter 35 of the 1957 Session Laws, as 23 |
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| 37 | + | amended by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session Laws, 24 |
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| 38 | + | Chapter 310 of the 1973 Session Laws, and Chapter 81 of the 1985 Session Laws, two members 25 |
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| 39 | + | of the Asheboro City Board of Education shall be elected in 2025 on a nonpartisan plurality basis 26 |
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| 40 | + | with the results determined in accordance with G.S. 163-292 to serve a one-year term. 27 |
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| 41 | + | SECTION 2.1.(b) This section does not affect the term of office of any member 28 |
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| 42 | + | elected in 2025 to the Asheboro City Board of Education. Any vacancy on the Asheboro City 29 |
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| 43 | + | Board of Education for a member elected in 2025 shall be filled by appointment of the remaining 30 |
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| 44 | + | members of the Asheboro City Board of Education to serve the remainder of the unexpired term. 31 |
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| 45 | + | Each member of the Asheboro City Board of Education elected in 2025, or any member 32 |
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| 46 | + | appointed to fill a vacancy for a member elected in 2025, shall serve until a successor has been 33 |
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| 47 | + | elected and qualified. 34 General Assembly Of North Carolina Session 2025 |
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| 48 | + | Page 2 House Bill 58-Fourth Edition |
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| 49 | + | SECTION 2.2.(a) Section 2 of Chapter 35 of the 1957 Session Laws, as amended 1 |
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| 50 | + | by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session Laws, Chapter 310 2 |
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| 51 | + | of the 1973 Session Laws, and Chapter 81 of the 1985 Session Laws, reads as rewritten: 3 |
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| 52 | + | "Sec. 2. (a) The Asheboro City Board of Education shall consist of 11 seven members 4 |
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| 53 | + | elected for six-year staggered four-year terms. Members shall be elected on a partisan basis. The 5 |
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| 54 | + | election shall be held at the same time as provided by general law for the municipal elections for 6 |
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| 55 | + | the City of Asheboro. At the election on November 6, 1973, four (4) members shall be elected 7 |
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| 56 | + | for six-year terms. At the election on November 4, 1975, three (3) members shall be elected for 8 |
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| 57 | + | six-year terms and at the election on November 8, 1977, four (4) members shall be elected for 9 |
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| 58 | + | six-year terms. Thereafter, biennially there shall be elected members of the board to fill those 10 |
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| 59 | + | vacancies created by expiration of the terms of office. of the general election in each 11 |
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| 60 | + | even-numbered year as terms expire. Candidates for election to the Asheboro City Board of 12 |
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| 61 | + | Education shall be nominated at the same time and manner as county officers. Members shall 13 |
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| 62 | + | take office on the first Monday in December following their election. The terms of all present 14 |
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| 63 | + | members are extended until the first Monday in December following the election of their 15 |
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| 64 | + | successors, or Members shall serve until their successors are elected and qualified. The election 16 |
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| 65 | + | shall be held and conducted by the Randolph County Board of Elections under the same 17 |
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| 66 | + | applicable provisions of Articles 23 and 24 of Chapter Chapters 115C and 163 of the General 18 |
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| 67 | + | Statutes which are applicable to the election of municipal officers in the City of 19 |
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| 68 | + | Asheboro.Statutes. 20 |
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| 69 | + | (b) Any vacancy occurring by reason of death, resignation or otherwise than by expiration 21 |
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| 70 | + | of the term of office, on the Asheboro City Board of Education shall be filled for the unexpired 22 |
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| 71 | + | term by the appointment made by the remaining members of the board of education.in accordance 23 |
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| 72 | + | with G.S. 115C-37.1." 24 |
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| 73 | + | SECTION 2.2.(b) Sections 1, 3, 4, 5, 6, and 7 of Chapter 35 of the 1957 Session 25 |
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| 74 | + | Laws, as amended by Chapter 838 of the 1959 Session Laws, Chapter 172 of the 1969 Session 26 |
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| 75 | + | Laws, and Chapter 81 of the 1985 Session Laws, are repealed. 27 |
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| 76 | + | SECTION 2.2.(c) The terms of office for the four members serving on the effective 28 |
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| 77 | + | date of this section whose terms of office are set to expire in 2027 shall be extended by one year, 29 |
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| 78 | + | and the terms of office for the three members serving on the effective date of this section whose 30 |
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| 79 | + | terms are set to expire in 2029 shall be extended by one year. To maintain the staggering of terms, 31 |
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| 80 | + | members shall be elected as follows: 32 |
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| 81 | + | (1) In 2026, two members shall be elected to serve a four-year term. 33 |
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| 82 | + | (2) In 2028 and quadrennially thereafter, three members shall be elected to serve 34 |
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| 83 | + | a four-year term. 35 |
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| 84 | + | (3) In 2030 and quadrennially thereafter, four members shall be elected to serve 36 |
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| 85 | + | a four-year term. 37 |
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| 86 | + | SECTION 2.2.(d) Between the date of the 2028 general election and the first 38 |
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| 87 | + | Monday in December 2028, the Asheboro City Council shall appoint a registered voter residing 39 |
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| 88 | + | in the Asheboro City Board of Education School Administrative Unit district to serve on the 40 |
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| 89 | + | Asheboro City Board of Education to vote only in the case of a tie. The person so appointed shall 41 |
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| 90 | + | serve a term of office expiring the first Monday in December 2030. In the event of a vacancy in 42 |
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| 91 | + | the seat appointed under this subsection, the Asheboro City Council shall fill the vacancy for the 43 |
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| 92 | + | unexpired term. 44 |
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| 93 | + | SECTION 2.2.(e) G.S. 115C-37.1(d) reads as rewritten: 45 |
---|
| 94 | + | "(d) This section shall apply only to the Asheboro City Board of Education, the Hickory 46 |
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| 95 | + | City Board of Education and the Newton-Conover City Board of Education and in the following 47 |
---|
| 96 | + | counties: Alleghany, Ashe, Beaufort, Brunswick, Burke, Cabarrus, Caldwell, Carteret, Catawba, 48 |
---|
| 97 | + | Cherokee, Clay, Craven, Dare, Davie, Forsyth, Graham, Harnett, Henderson, Hyde, Iredell, Lee, 49 |
---|
| 98 | + | Lincoln, Madison, McDowell, Mitchell, New Hanover, Onslow, Pamlico, Pender, Polk, 50 |
---|
| 99 | + | Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey." 51 General Assembly Of North Carolina Session 2025 |
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| 100 | + | House Bill 58-Fourth Edition Page 3 |
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| 101 | + | SECTION 2.2.(f) This section does not affect the term of office of any member 1 |
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| 102 | + | elected in 2021 or 2023 to the Asheboro City Board of Education. Any vacancy on the Asheboro 2 |
---|
| 103 | + | City Board of Education for a member elected in 2021 or 2023 shall be filled by appointment of 3 |
---|
| 104 | + | the remaining members of the Asheboro City Board of Education to serve the remainder of the 4 |
---|
| 105 | + | unexpired term. Each member of the Asheboro City Board of Education elected in 2021 or 2023, 5 |
---|
| 106 | + | or any member appointed to fill a vacancy for a member elected in 2021 or 2023, shall serve until 6 |
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| 107 | + | a successor has been elected and qualified. 7 |
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| 108 | + | SECTION 2.2.(g) This section becomes effective the first Monday in December of 8 |
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| 109 | + | 2026, and elections in 2026 and thereafter shall be conducted accordingly. 9 |
---|
| 110 | + | SECTION 3.(a) Notwithstanding Chapter 281 of the 1987 Session Laws, the Anson 10 |
---|
| 111 | + | County Board of Commissioners shall consist of seven members elected from seven 11 |
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| 112 | + | single-member residency districts. One member shall be elected from each residency district. No 12 |
---|
| 113 | + | person shall be eligible to file for or be elected to the Anson County Board of Commissioners 13 |
---|
| 114 | + | unless the person is a qualified voter and resident of the district in which that candidate seeks to 14 |
---|
| 115 | + | be elected. All candidates for election shall be voted on by all eligible voters in the county. 15 |
---|
| 116 | + | Members shall take office and qualify on the first Monday in December of the year of election, 16 |
---|
| 117 | + | and the terms of their predecessors shall expire at that same time. Members shall serve until a 17 |
---|
| 118 | + | successor has been elected and qualified. 18 |
---|
| 119 | + | SECTION 3.(b) Until revised in accordance with G.S. 153A-22.1, the residency 19 |
---|
| 120 | + | districts required by this section shall be the districts used in the 2022 elections for the Anson 20 |
---|
| 121 | + | County Board of Commissioners. 21 |
---|
| 122 | + | SECTION 3.(c) G.S. 153A-22.1(f), as enacted by Chapter 215 of the 1995 Session 22 |
---|
| 123 | + | Laws, and as rewritten by S.L. 1998-175, S.L. 2011-126, S.L. 2023-24, and S.L. 2023-30, reads 23 |
---|
| 124 | + | as rewritten: 24 |
---|
| 125 | + | "(f) This section applies to Henderson and Moore Johnston, Anson, Henderson, Johnston, 25 |
---|
| 126 | + | and Moore Counties only." 26 |
---|
| 127 | + | SECTION 3.(d) This section becomes effective the first Monday in December 2026, 27 |
---|
| 128 | + | and elections in 2026 and thereafter shall be conducted accordingly. 28 |
---|
| 129 | + | SECTION 4.(a) G.S. 153A-27.1(h) reads as rewritten: 29 |
---|
| 130 | + | "(h) This section shall apply only in the following counties: Alamance, Alexander, 30 |
---|
| 131 | + | Alleghany, Avery, Beaufort, Brunswick, Buncombe, Caldwell, Carteret, Caswell, Cherokee, 31 |
---|
| 132 | + | Clay, Cleveland, Cumberland, Dare, Davidson, Davie, Forsyth, Graham, Guilford, Harnett, 32 |
---|
| 133 | + | Haywood, Henderson, Hyde, Jackson, Lee, Lincoln, Macon, Madison, McDowell, Mecklenburg, 33 |
---|
| 134 | + | Moore, Onslow, Pender, Polk, Randolph, Rockingham, Rutherford, Sampson, Stanly, Stokes, 34 |
---|
| 135 | + | Transylvania, and Yancey." 35 |
---|
| 136 | + | SECTION 4.(b) This section is effective when it becomes law and applies to 36 |
---|
| 137 | + | vacancies filled on or after March 3, 2025. Any vacancy occurring on the Caswell County Board 37 |
---|
| 138 | + | of Commissioners on or after March 3, 2025, shall be filled in accordance with G.S. 153A-27.1. 38 |
---|
| 139 | + | SECTION 4.1. Chapter 707 of the 1963 Session Laws, as amended by S.L. 39 |
---|
| 140 | + | 1973-306, 2002-66, 2004-203, and 2006-171, reads as rewritten: 40 |
---|
| 141 | + | "Section 1. The purposes of this Act, among others, are to provide an enabling Statute, in 41 |
---|
| 142 | + | addition to other Statutes which may be available for such purposes, for the merger of the 42 |
---|
| 143 | + | Laurinburg City School Administrative Unit and the Scotland County School Administrative 43 |
---|
| 144 | + | Unit. 44 |
---|
| 145 | + | "Sec. 2. The Laurinburg City Board of Education and the Scotland County Board of 45 |
---|
| 146 | + | Education, by majority vote of the full membership of each of said Boards, may jointly petition 46 |
---|
| 147 | + | the Scotland County Board of Commissioners for a county-wide election on the following 47 |
---|
| 148 | + | subjects: 48 |
---|
| 149 | + | (a) The merger of the Laurinburg City School Administrative Unit and the Scotland 49 |
---|
| 150 | + | County School Administrative Unit and their respective Boards of Education. 50 General Assembly Of North Carolina Session 2025 |
---|
| 151 | + | Page 4 House Bill 58-Fourth Edition |
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| 152 | + | (b) The construction of a new consolidated high school to be established to serve the 1 |
---|
| 153 | + | students assigned to Gibson High School, Laurel Hill High School, Laurinburg High School, and 2 |
---|
| 154 | + | Wagram High School, and the issuance of bonds pursuant to the County Finance Act, as 3 |
---|
| 155 | + | amended, for construction of said consolidated high school and for other school purposes in an 4 |
---|
| 156 | + | amount to be determined by the Scotland County Board of Commissioners upon the 5 |
---|
| 157 | + | recommendation of the existing City and County Boards of Education. 6 |
---|
| 158 | + | (c) To require the Laurinburg-Scotland County Board of Education to request and the 7 |
---|
| 159 | + | Scotland County Board of Commissioners to appropriate annually from any local sources, 8 |
---|
| 160 | + | including both general and supplemental tax revenues, such funds as will provide, at a minimum, 9 |
---|
| 161 | + | current expense expenditures per student from local funds which shall be no less than the average 10 |
---|
| 162 | + | current expense expenditures per student from local funds throughout the State, as determined 11 |
---|
| 163 | + | by the latest certification of the State Superintendent of Public Instruction. 12 |
---|
| 164 | + | (d) To authorize the County Commissioners to levy a county-wide supplemental school 13 |
---|
| 165 | + | tax not to exceed fifty cents (50¢) per one hundred dollar valuation. 14 |
---|
| 166 | + | "Sec. 3. Upon the receipt of such petition, it shall be the duty of the Scotland County Board 15 |
---|
| 167 | + | of Commissioners to call an election upon the foregoing subjects within sixty (60) days thereafter 16 |
---|
| 168 | + | and fix the date for the same. The provisions of this Act, relating to the merger of the Laurinburg 17 |
---|
| 169 | + | City School Administrative Unit and the Scotland County School Administrative Unit, shall be 18 |
---|
| 170 | + | contingent upon the approval, by a majority of the voters voting in a county-wide election, of all 19 |
---|
| 171 | + | the proposals as set out in subsections (a) through (d) of Section 2 of this Act. The said election 20 |
---|
| 172 | + | shall be conducted in accordance with the applicable provisions of the General Statutes of North 21 |
---|
| 173 | + | Carolina. 22 |
---|
| 174 | + | "Sec. 4.(a) The Scotland County Board of Education shall be comprised of 8 members. Five 23 |
---|
| 175 | + | of the members shall be residents of the Stewartsville Township and 3 of the members shall be 24 |
---|
| 176 | + | residents of any of the remaining 3 townships in Scotland County at large. 25 |
---|
| 177 | + | (b) Beginning with a primary election to be held in 1974, 2 members who shall be 26 |
---|
| 178 | + | residents of the Stewartsville Township and 2 members, who shall be residents of the other 3 27 |
---|
| 179 | + | townships at large shall be elected to membership on the Scotland County Board of Education 28 |
---|
| 180 | + | for initial terms of 4 years to expire in 1978. Beginning with a primary election to be held in 29 |
---|
| 181 | + | 1976, 3 members, who shall be residents of the Stewartsville Township, and 1 member, who shall 30 |
---|
| 182 | + | be a resident of any of the other 3 townships, shall be elected to membership on the said board 31 |
---|
| 183 | + | for initial terms of 4 years to expire in 1980. In 1978 when the initial terms of the first 4 members 32 |
---|
| 184 | + | expire and in the regular county-wide biennial election of that year and in each regular 33 |
---|
| 185 | + | county-wide biennial election thereafter, four members shall be elected for terms of four years 34 |
---|
| 186 | + | each. 35 |
---|
| 187 | + | (c) The initial election for the 4 year terms of the 2 Stewartsville Township members and 36 |
---|
| 188 | + | the 2 members at large shall be conducted according to the procedure set forth in subsections 37 |
---|
| 189 | + | (d)(1) and (2) which provide for the regular elections for these seats beginning in 1978 and the 38 |
---|
| 190 | + | initial election for the four-year terms of the other 3 Stewartsville Township members and the 39 |
---|
| 191 | + | other 1 member at large shall be conducted in accordance with the procedures set forth in 40 |
---|
| 192 | + | subsection (d)(3) and (4) which provides for regular elections for these seats on the board 41 |
---|
| 193 | + | beginning in 1980. 42 |
---|
| 194 | + | (d) The procedure for election of members to the Scotland County Board of Education 43 |
---|
| 195 | + | beginning in 1978 and every 2 years thereafter shall be as follows: 44 |
---|
| 196 | + | (1) At a primary election to be held in 1978 and every four years thereafter at the 45 |
---|
| 197 | + | same time as the primary for the nomination of county officers 2 persons who 46 |
---|
| 198 | + | shall reside within the Stewartsville Township and 2 persons who shall reside 47 |
---|
| 199 | + | within any one of the other 3 Scotland County Townships at large shall be 48 |
---|
| 200 | + | elected for terms of 4 years each. 49 |
---|
| 201 | + | (2) (a) The 2 candidates from Stewartsville Township receiving the largest 50 |
---|
| 202 | + | number of votes in the primary election shall be the nominees whose 51 General Assembly Of North Carolina Session 2025 |
---|
| 203 | + | House Bill 58-Fourth Edition Page 5 |
---|
| 204 | + | names shall be placed upon the ballot at the general election and the 2 1 |
---|
| 205 | + | candidates at large from the other 3 Scotland County Townships who 2 |
---|
| 206 | + | shall receive the largest number of votes in the primary election shall 3 |
---|
| 207 | + | be the at large nominees whose names shall be placed upon the ballot 4 |
---|
| 208 | + | at the general election; provided however, that if 2 or fewer candidates 5 |
---|
| 209 | + | should file for nomination from the Stewartsville Township and if 2 or 6 |
---|
| 210 | + | fewer candidates should file for the nomination from the other 3 7 |
---|
| 211 | + | townships at large the names of such candidates shall be placed on the 8 |
---|
| 212 | + | ballot for the general election and there shall be no primary election 9 |
---|
| 213 | + | for the Stewartsville Township or for the 3 at large townships. 10 |
---|
| 214 | + | (b) If the number of candidates who file for nomination from the 11 |
---|
| 215 | + | Stewartsville Township is twice or fewer than the number of vacancies 12 |
---|
| 216 | + | from Stewartsville Township the names of such candidates shall be 13 |
---|
| 217 | + | placed on the ballot for the general election and there shall be no 14 |
---|
| 218 | + | primary election; provided further, that if the number of candidates 15 |
---|
| 219 | + | who file for nomination from the Stewartsville Township is more than 16 |
---|
| 220 | + | twice the number of vacancies from the Stewartsville Township there 17 |
---|
| 221 | + | shall be placed on the ballot at the general election the four (twice the 18 |
---|
| 222 | + | number of vacancies) candidates receiving the largest number of votes. 19 |
---|
| 223 | + | (c) If the number of candidates who file for nomination from the other 3 20 |
---|
| 224 | + | Scotland County Townships is twice or fewer than the number of 21 |
---|
| 225 | + | vacancies from the other 3 Scotland County Townships the names of 22 |
---|
| 226 | + | such candidates shall be placed on the ballot for the general election 23 |
---|
| 227 | + | and there shall be no primary election; provided further, that if the 24 |
---|
| 228 | + | number of candidates who file for nomination from the other 3 25 |
---|
| 229 | + | Scotland County Townships is more than twice the number of 26 |
---|
| 230 | + | vacancies from the other 3 Scotland County Townships there shall be 27 |
---|
| 231 | + | placed on the ballot at the general election the 4 (twice the number of 28 |
---|
| 232 | + | vacancies) candidates receiving the largest number of votes. 29 |
---|
| 233 | + | (3) At a primary election to be held in 1980 and every 4 years thereafter at the 30 |
---|
| 234 | + | same time as the primary for the nomination of county officers 3 persons who 31 |
---|
| 235 | + | shall reside within the Stewartville Township and 1 person who shall reside 32 |
---|
| 236 | + | within any 1 of the other 3 Scotland County Townships at large shall be 33 |
---|
| 237 | + | elected to membership on the Scotland County Board of Education for terms 34 |
---|
| 238 | + | of 4 years each. 35 |
---|
| 239 | + | (4) (a) The 3 candidates from Stewartsville Township receiving the largest 36 |
---|
| 240 | + | number of votes in the primary election and the 1 candidate from the 37 |
---|
| 241 | + | other 3 Scotland County Townships receiving the largest number of 38 |
---|
| 242 | + | votes in the primary election shall be the nominees whose names shall 39 |
---|
| 243 | + | be placed upon the ballot at the general election; provided however, 40 |
---|
| 244 | + | that if 3 or fewer candidates should file for nomination from the 41 |
---|
| 245 | + | Stewartsville Township or no more than 1 candidate should file for 42 |
---|
| 246 | + | nomination from the other 3 townships at large the names of such 43 |
---|
| 247 | + | candidates shall be placed on the ballot for the general election and 44 |
---|
| 248 | + | there shall be no primary election for the Stewartsville Township or 45 |
---|
| 249 | + | for Scotland County at large. 46 |
---|
| 250 | + | (b) If the number of candidates who file for nomination from the 47 |
---|
| 251 | + | Stewartsville Township is twice or fewer than the number of vacancies 48 |
---|
| 252 | + | from Stewartsville Township the names of such candidates shall be 49 |
---|
| 253 | + | placed on the ballot for the general election and there shall be no 50 |
---|
| 254 | + | primary election; provided further, that if the number of candidates 51 General Assembly Of North Carolina Session 2025 |
---|
| 255 | + | Page 6 House Bill 58-Fourth Edition |
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| 256 | + | who file for nomination from the Stewartsville Township is more than 1 |
---|
| 257 | + | twice the number of vacancies from the Stewartsville Township there 2 |
---|
| 258 | + | shall be placed on the ballot at the general election the 6 (twice the 3 |
---|
| 259 | + | number of vacancies) candidates receiving the largest number of votes. 4 |
---|
| 260 | + | (c) If the number of candidates who file for nomination from the other 3 5 |
---|
| 261 | + | Scotland County Townships at large shall be twice or fewer than the 6 |
---|
| 262 | + | number of vacancies from the other 3 Scotland County Townships the 7 |
---|
| 263 | + | names of such candidates shall be placed on the ballot for the general 8 |
---|
| 264 | + | election and there shall be no primary election; provided further that if 9 |
---|
| 265 | + | the number of candidates who file for the nomination from the other 3 10 |
---|
| 266 | + | Scotland County Townships is more than twice the number of 11 |
---|
| 267 | + | vacancies from the other 3 Scotland County Townships there shall be 12 |
---|
| 268 | + | placed on the ballot at the general election the 2 (twice the number of 13 |
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| 269 | + | vacancies) candidates receiving the largest number of votes. 14 |
---|
| 270 | + | (e) Repealed by Section 6 of Session Law 2006-171. 15 |
---|
| 271 | + | (f) The Board of Education shall prepare a ballot for use in the primaries and general 16 |
---|
| 272 | + | elections which shall be separate from other ballots and on which shall be listed separately the 17 |
---|
| 273 | + | candidates from the Stewartsville Township and the candidates from the 3 other Scotland County 18 |
---|
| 274 | + | Townships at large. The names of the candidates shall be placed on a ballot separate from other 19 |
---|
| 275 | + | ballots, bearing no party designation, and no party affiliation need be indicated at the time of 20 |
---|
| 276 | + | filing. Except as herein provided, all primary elections and general elections shall be held, 21 |
---|
| 277 | + | conducted and supervised by the County Board of Elections under the laws and regulations 22 |
---|
| 278 | + | providing for the election of county officers. 23 |
---|
| 279 | + | (g) All candidates for membership on the Scotland County Board of Education shall file 24 |
---|
| 280 | + | a notice of such candidacy with the Board of Elections not later than 12:00 p.m. on the Monday 25 |
---|
| 281 | + | preceding the tenth Tuesday before the primary election is to be held and each candidate shall 26 |
---|
| 282 | + | pay a filing fee of ten dollars ($10.00) and in addition shall certify in writing whether he is filing 27 |
---|
| 283 | + | for the Stewartsville Township seat or the at-large seat, the township within which he resides and 28 |
---|
| 284 | + | that he is a bona fide resident thereof, said notice to be filed with the Scotland County Board of 29 |
---|
| 285 | + | Elections. 30 |
---|
| 286 | + | (h) All persons registered and qualified to vote in the general election shall be qualified 31 |
---|
| 287 | + | to vote in the primary. All qualified voters of Scotland County may vote in any primary or general 32 |
---|
| 288 | + | election held pursuant to this act and may vote for all candidates for the Board of Education 33 |
---|
| 289 | + | regardless of their residence in either the Stewartsville Township or the at-large townships. 34 |
---|
| 290 | + | (i) Any vacancies which may occur on the Scotland County Board of Education after the 35 |
---|
| 291 | + | election of the members of the Board in 1974 shall be filled by appointment by a majority of the 36 |
---|
| 292 | + | remaining members of the board for the unexpired term; provided that, if the seat which shall 37 |
---|
| 293 | + | become vacant is held by a resident of Stewartsville Township his successor shall likewise be a 38 |
---|
| 294 | + | resident of the Stewartsville Township and if the seat which shall become vacant is held by a 39 |
---|
| 295 | + | resident of the at-large townships his successor shall likewise be a resident of one of the at-large 40 |
---|
| 296 | + | townships. 41 |
---|
| 297 | + | (j) In the event no candidate is elected in the general election to fill any term which is 42 |
---|
| 298 | + | about to expire then and in that event the Scotland County Board of Education shall declare a 43 |
---|
| 299 | + | vacancy and such vacancy shall be filled in accordance with subsection (i). 44 |
---|
| 300 | + | "Sec. 5. The following provisions shall apply in the event of merger under the plan provided 45 |
---|
| 301 | + | for in this Act. 46 |
---|
| 302 | + | (a) The Consolidated Board shall be the County Board of Education in and for Scotland 47 |
---|
| 303 | + | County and shall have county-wide jurisdiction over the public school system in Scotland 48 |
---|
| 304 | + | County, including all municipalities located therein. The name of the Consolidated Board shall 49 |
---|
| 305 | + | be: Laurinburg-Scotland County Board of Education.The public school system of Scotland 50 |
---|
| 306 | + | County shall be known as and shall use the style of "Scotland County School System," and the 51 General Assembly Of North Carolina Session 2025 |
---|
| 307 | + | House Bill 58-Fourth Edition Page 7 |
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| 308 | + | Board of Education shall be known as and shall use the style of "Scotland County Board of 1 |
---|
| 309 | + | Education." 2 |
---|
| 310 | + | (b) Repealed by Section 2 of Chapter 306 of the 1973 Session Laws. 3 |
---|
| 311 | + | (c) For the fiscal year beginning July 1 immediately following merging of the two Boards 4 |
---|
| 312 | + | of Education, if the Consolidated Board is not created in sufficient time to present its 5 |
---|
| 313 | + | supplemental tax budget and its capital outlay, debt service and current expense budgets within 6 |
---|
| 314 | + | the time prescribed by law for said fiscal year, then the members of the Scotland County Board 7 |
---|
| 315 | + | of Education and the members of the Laurinburg City Board of Education, acting jointly and by 8 |
---|
| 316 | + | a majority vote of all members present, shall determine the amount and contents of the 9 |
---|
| 317 | + | supplemental tax budget requested for the fiscal year beginning July 1 of that year, and shall give 10 |
---|
| 318 | + | the Scotland County Board of Commissioners due notice thereof in time to levy such taxes as 11 |
---|
| 319 | + | may be necessary to provide funds for said budget for that year, and the said two Boards of 12 |
---|
| 320 | + | Education, acting in like manner, shall prepare and submit to the said Board of Commissioners 13 |
---|
| 321 | + | the capital outlay, debt service, and current expense budgets for that fiscal year within the time 14 |
---|
| 322 | + | prescribed by law. 15 |
---|
| 323 | + | (d) Each year following the merging of the two Boards of Education, at the same time 16 |
---|
| 324 | + | the other school budgets are filed, the Laurinburg-Scotland County Board of Education shall file 17 |
---|
| 325 | + | a supplemental tax budget which, when added to the regular budget, shall provide, at a minimum, 18 |
---|
| 326 | + | current expense expenditures per student from local funds which are no less than the average 19 |
---|
| 327 | + | current expense expenditures per student from local funds throughout the State as determined by 20 |
---|
| 328 | + | the latest certification of the State Superintendent of Public Instruction. The said Board of 21 |
---|
| 329 | + | Commissioners shall approve the regular and supplemental tax budgets in the minimum amount 22 |
---|
| 330 | + | provided for above and may approve the regular and supplemental tax budgets in larger amounts, 23 |
---|
| 331 | + | and shall then provide the funds therefor from local funds.For fiscal year 2025-2026, the Scotland 24 |
---|
| 332 | + | County Board of Education shall submit to the Scotland County Board of Commissioners, at the 25 |
---|
| 333 | + | same time the other school budgets are filed, a budget request for operational and capital funding 26 |
---|
| 334 | + | in amounts that would provide an appropriate education to all students in Scotland County during 27 |
---|
| 335 | + | that fiscal year. In evaluating the request, the board of commissioners shall consider the 28 |
---|
| 336 | + | educational goals and policies of the State and the local board of education, the budgetary request 29 |
---|
| 337 | + | of the board of education, the financial resources of the county and the board of education, and 30 |
---|
| 338 | + | the fiscal policies of the board of county commissioners and the board of education. Based on 31 |
---|
| 339 | + | this evaluation, the board of commissioners shall determine, in its discretion, the amount of 32 |
---|
| 340 | + | county revenues, including any voted supplemental tax revenues, to be appropriated to the board 33 |
---|
| 341 | + | of education's local current expense fund and capital outlay fund for fiscal year 2025-2026. 34 |
---|
| 342 | + | Neither the board of education nor the board of commissioners may initiate a dispute resolution 35 |
---|
| 343 | + | process or file any legal action challenging the determination of funds to be appropriated by the 36 |
---|
| 344 | + | board of commissioners to the local current expense fund and capital outlay fund for fiscal year 37 |
---|
| 345 | + | 2025-2026. Beginning with fiscal year 2026-2027 and each year thereafter, the preparation, 38 |
---|
| 346 | + | submission, and approval of a budget for the board of education shall be in accordance with 39 |
---|
| 347 | + | Article 31 of Chapter 115C of the General Statutes. 40 |
---|
| 348 | + | (e) The Laurinburg-Scotland Scotland County Board of Education, as reorganized, shall 41 |
---|
| 349 | + | appoint a treasurer of all the school funds of the Laurinburg-Scotland Scotland County School 42 |
---|
| 350 | + | Administrative Unit. The treasurer so appointed shall continue to fill such position at the 43 |
---|
| 351 | + | discretion of the Board of Education. No person authorized to make the expenditures or draw 44 |
---|
| 352 | + | vouchers therefor, or to approve the same, shall act as treasurer of said funds. The treasurer shall 45 |
---|
| 353 | + | give bond for the faithful performance of his duties in such amount as the Board of Education 46 |
---|
| 354 | + | may prescribe, but, in no event, for less than twenty-five thousand dollars ($25,000.00). Except 47 |
---|
| 355 | + | as herein otherwise expressly provided, the treasurer shall perform duties prescribed by 48 |
---|
| 356 | + | applicable provisions of Chapter 115 of the General Statutes of North Carolina and shall be 49 |
---|
| 357 | + | subject to all of such provisions of said Act. All sums appropriated by said Board of 50 |
---|
| 358 | + | Commissioners for capital outlay, current expense and to supplement the current expense fund 51 General Assembly Of North Carolina Session 2025 |
---|
| 359 | + | Page 8 House Bill 58-Fourth Edition |
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| 360 | + | from State and county allotments shall be paid over to the Treasurer of the Laurinburg-Scotland 1 |
---|
| 361 | + | Scotland County Board of Education at reasonable periods after the receipt of said funds by the 2 |
---|
| 362 | + | Treasurer of Scotland County; provided, however, that the said Board of Commissioners shall 3 |
---|
| 363 | + | hold and administer the proceeds of school bond sales in accordance with the procedure now 4 |
---|
| 364 | + | being followed in holding and administering the proceeds of such sales. 5 |
---|
| 365 | + | (f) In addition to the election of a chairman in accordance with the provisions of Chapter 6 |
---|
| 366 | + | 115 of the General Statutes, the Laurinburg-Scotland Scotland County Board of Education may 7 |
---|
| 367 | + | also select one of its members as vice-chairman who shall preside at all meetings of the Board in 8 |
---|
| 368 | + | the absence of the chairman, and whenever the Board shall have duly authorized the execution 9 |
---|
| 369 | + | of any contract, conveyance, or other instrument, the vice-chairman shall have the same authority 10 |
---|
| 370 | + | as the chairman to execute the same on behalf of the Board. In the event of absence or inability 11 |
---|
| 371 | + | of both the chairman and vice-chairman, the Board by resolution duly adopted and spread upon 12 |
---|
| 372 | + | the minutes of any meeting, may authorize any other member to execute any contract, 13 |
---|
| 373 | + | conveyance or instrument for and on behalf of the Board. 14 |
---|
| 374 | + | (g) The superintendent of schools shall be ex officio secretary of the Board as provided 15 |
---|
| 375 | + | by G. S. 115-36. The Board may elect an assistant secretary to serve at the pleasure of the Board. 16 |
---|
| 376 | + | The assistant secretary may be, but shall not be required to be, a member of the Board. Such 17 |
---|
| 377 | + | assistant secretary may perform the duties of the secretary of the Board when the secretary is 18 |
---|
| 378 | + | absent from any meeting or for any other reason is unable to perform his duties as secretary. The 19 |
---|
| 379 | + | assistant secretary shall have authority to attest all contracts, conveyances, and other instruments 20 |
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| 380 | + | which are required by law to be attested by the secretary. The secretary, or in his absence, the 21 |
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| 381 | + | assistant secretary, shall keep the minutes of all meetings of the Board and it shall be the duty of 22 |
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| 382 | + | such secretary or assistant secretary to furnish each member of the Board with a copy of the 23 |
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| 383 | + | minutes as soon after any meeting as may be reasonably practicable. 24 |
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| 384 | + | (h) In addition to the election of a superintendent of schools in the manner provided by 25 |
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| 385 | + | the general law, the Board may employ, upon recommendation of the superintendent, such 26 |
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| 386 | + | associate superintendents and assistant superintendents and such other administrative officers as 27 |
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| 387 | + | it may deem necessary and proper, fix their salaries' and prescribe their duties and powers. They 28 |
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| 388 | + | may be elected to serve at the pleasure of the Board or for such terms as may be fixed by the 29 |
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| 389 | + | Board, but the terms of any associate superintendents or assistant superintendents shall not 30 |
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| 390 | + | exceed the term for which the superintendent is employed. All principals, supervisory personnel, 31 |
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| 391 | + | and teachers shall be employed by the Board, upon recommendation of the superintendent. The 32 |
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| 392 | + | Board may delegate to the superintendent of schools or to one or more associate superintendents 33 |
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| 393 | + | or assistant superintendents or to other administrative officers, the authority to employ and 34 |
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| 394 | + | prescribe the duties of all other employees or classes of employees, including janitors and maids, 35 |
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| 395 | + | and to fix the compensation and the terms or periods for which they shall be employed, subject 36 |
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| 396 | + | to the approval of the Board of Education. 37 |
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| 397 | + | (i) A majority of the full membership of the Laurinburg-Scotland Scotland County Board 38 |
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| 398 | + | of Education shall constitute a quorum. 39 |
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| 399 | + | (j) The Laurinburg-Scotland Scotland County Board of Education may appoint an 40 |
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| 400 | + | advisory council for any school or for all the schools within the system. The purpose and function 41 |
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| 401 | + | of an advisory council shall be to serve in an advisory capacity to the Board on matters affecting 42 |
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| 402 | + | the school or schools for which it is appointed. The organization, terms, composition and 43 |
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| 403 | + | regulations for the operation of such advisory council shall be determined by the Board. Article 44 |
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| 404 | + | 7 of Chapter 115 of the General Statutes (School Committees) shall not apply to Scotland County. 45 |
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| 405 | + | The Laurinburg-Scotland Scotland County School Administrative Unit shall constitute one 46 |
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| 406 | + | school unit. 47 |
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| 407 | + | (k) Title to all property of the Laurinburg City Board of Education and the Scotland 48 |
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| 408 | + | County Board of Education, both real and personal, of every kind and description, shall be vested 49 |
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| 409 | + | in the Laurinburg-Scotland Scotland County Board of Education as of the effective date of 50 |
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| 410 | + | consolidation. The Laurinburg City Board of Education and the Scotland County Board of 51 General Assembly Of North Carolina Session 2025 |
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| 411 | + | House Bill 58-Fourth Edition Page 9 |
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| 412 | + | Education shall have full and ample authority to execute without consideration therefor or public 1 |
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| 413 | + | sale of the property involved, all such deeds and other instruments as may be deemed necessary 2 |
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| 414 | + | or proper to vest record title to any such property in the Laurinburg-Scotland Scotland County 3 |
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| 415 | + | Board of Education. 4 |
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| 416 | + | (l) All claims and demands of every kind which the Laurinburg City Board of Education 5 |
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| 417 | + | or the Scotland County Board of Education may have as of the effective date of consolidation 6 |
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| 418 | + | shall pass and be transferred to the Laurinburg-Scotland Scotland County Board of Education 7 |
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| 419 | + | and the Laurinburg-Scotland Scotland County Board of Education shall have the same power 8 |
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| 420 | + | and authority to enforce said claims and demands as the Laurinburg City Board of Education or 9 |
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| 421 | + | the Scotland County Board of Education would have had in the event of its continued existence. 10 |
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| 422 | + | Any obligations or liabilities of the Laurinburg City Board of Education or the Scotland County 11 |
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| 423 | + | Board of Education existing as of the effective date of consolidation, shall be and become the 12 |
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| 424 | + | obligations and liabilities of the Laurinburg-Scotland Scotland County Board of Education and 13 |
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| 425 | + | such obligations and liabilities may be enforced against said Laurinburg-Scotland Scotland 14 |
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| 426 | + | County Board of Education to the same extent that they might have been enforced against the 15 |
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| 427 | + | Laurinburg City Board of Education or the Scotland County Board of Education had the said 16 |
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| 428 | + | Boards continued in existence. 17 |
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| 429 | + | (m) As of the effective date of consolidation, all provisions of the Charter of the City of 18 |
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| 430 | + | Laurinburg relating to public schools shall be deemed and are hereby repealed. 19 |
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| 431 | + | "Sec. 6. The provisions of this Act shall prevail over any inconsistent provisions of Chapter 20 |
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| 432 | + | 115 Chapter 115C of the General Statutes of North Carolina and other general or special Acts. 21 |
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| 433 | + | "Sec. 7. The provisions in the preceding Sections of this Act shall be contingent upon the 22 |
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| 434 | + | following: 23 |
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| 435 | + | (a) Approval of the following by a majority of the voters voting in said election: 24 |
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| 436 | + | (1) Merger under the plan as set forth in this Act; 25 |
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| 437 | + | (2) Construction of a new consolidated high school to be established to serve the 26 |
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| 438 | + | students assigned to Gibson High School, Laurel Hill High School, 27 |
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| 439 | + | Laurinburg High School, and Wagram High School, and the issuance of bonds 28 |
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| 440 | + | pursuant to the County Finance Act, as amended, for construction of said 29 |
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| 441 | + | consolidated high school and for other school purposes in an amount as 30 |
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| 442 | + | determined by the Scotland County Board of Commissioners upon the 31 |
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| 443 | + | recommendation of the existing City and County Boards of Education. 32 |
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| 444 | + | (3) Requiring the Laurinburg-Scotland County Board of Education to request and 33 |
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| 445 | + | the Scotland County Board of Commissioners to appropriate annually from 34 |
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| 446 | + | any local sources, including both general and supplemental tax revenues, such 35 |
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| 447 | + | funds as will provide, at a minimum, current expense expenditures per student 36 |
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| 448 | + | from local funds which are no less than the average current expense 37 |
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| 449 | + | expenditures per student from local funds throughout the State, as determined 38 |
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| 450 | + | by the latest certification of the State Superintendent of Public Instruction. 39 |
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| 451 | + | (4) Authorizing the Scotland County Board of Commissioners to levy a 40 |
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| 452 | + | county-wide supplemental school tax not to exceed fifty cents (50¢) per one 41 |
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| 453 | + | hundred dollar valuation. 42 |
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| 454 | + | (b) Petition by the Laurinburg City Board of Education to the Scotland County Board of 43 |
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| 455 | + | Education and the State Board of Education for merger of the Laurinburg City Administrative 44 |
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| 456 | + | School Unit and the Scotland County Administrative School Unit under this Act and Section 45 |
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| 457 | + | 115-74 of the General Statutes of North Carolina within ninety (90) days after the announcement 46 |
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| 458 | + | of a favorable vote in such election. Said petition shall specify the effective date of merger. 47 |
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| 459 | + | (c) Approval of said merger by the Scotland County Board of Education. 48 |
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| 460 | + | (d) Approval of said merger by the State Board of Education. 49 |
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| 461 | + | "Sec. 8. If an election under this Act fails to carry on the subjects in Section 7 (a) (1) through 50 |
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| 462 | + | (4), or if no petition for consolidation is made under Section 7 (b), or if such petition is made but 51 General Assembly Of North Carolina Session 2025 |
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| 463 | + | Page 10 House Bill 58-Fourth Edition |
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| 464 | + | not approved as required under Section 7 (c) and (d) of this Act, another election may be called, 1 |
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| 465 | + | for a vote on the subjects as outlined in Section 7 (a) (1) through (4) at any time after expiration 2 |
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| 466 | + | of six (6) months following the date of the next preceding election called and held under this Act. 3 |
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| 467 | + | "Sec. 9. Nothing in this Act shall operate to repeal any special school tax now provided for 4 |
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| 468 | + | by law for the Laurinburg City School Administrative Unit or the Scotland County School 5 |
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| 469 | + | Administrative Unit unless a majority of the votes cast in said election authorizes the subjects in 6 |
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| 470 | + | Section 7 (a) (1) through (4) of this Act and until the merger of the units is effected. 7 |
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| 471 | + | "Sec. 9.1. For the 2002-2003 fiscal year only, current expense expenditures from local funds 8 |
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| 472 | + | for the Scotland County Schools shall be eight million seven hundred thousand dollars 9 |
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| 473 | + | ($8,700,000) and said sum shall be appropriated by the Scotland County Board of Commissioners 10 |
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| 474 | + | from local funds, including both general and supplemental tax revenues, and not including fines 11 |
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| 475 | + | and forfeitures or restricted use sales taxes authorized by Article 40 or 42 of Chapter 105 of the 12 |
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| 476 | + | General Statutes. 13 |
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| 477 | + | "Sec. 9.2. Beginning with the 2003-2004 fiscal year, the base amount of funding for current 14 |
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| 478 | + | expense expenditures from local funds shall include the previous year's level of current expense 15 |
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| 479 | + | expenditures (for example, eight million seven hundred thousand dollars ($8,700,000) in 16 |
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| 480 | + | 2002-2003), multiplied by one plus the average percentage change in local current expense 17 |
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| 481 | + | school expenditures for the two most recent available fiscal years for low-wealth counties in 18 |
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| 482 | + | North Carolina (all local expenditures shall include local current expense expenditures incurred 19 |
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| 483 | + | by charter schools within the appropriate districts), as determined by the Superintendent of Public 20 |
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| 484 | + | Instruction or that person's designee. The average percentage change shall be calculated by (i) 21 |
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| 485 | + | adding together for each of the two previous fiscal years the total current local expense 22 |
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| 486 | + | expenditures for all low-wealth counties, (ii) dividing each of those totals, respectively, by the 23 |
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| 487 | + | number of low-wealth counties receiving low-wealth funding in each year to obtain an average 24 |
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| 488 | + | low-wealth county local current expense expenditure for each year, and (iii) comparing the two 25 |
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| 489 | + | averages. The average percentage change shall equal the percent difference between the averages 26 |
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| 490 | + | for the two years. The resulting product shall then be multiplied by a ratio consisting of the 27 |
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| 491 | + | Average Daily Membership used to distribute State funding for the succeeding fiscal year as 28 |
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| 492 | + | provided by the Department of Public Instruction, divided by the Average Daily Membership 29 |
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| 493 | + | used to distribute funding for the current fiscal year, as determined by the Superintendent of 30 |
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| 494 | + | Public Instruction, or that person's designee. The resulting product shall be the required level of 31 |
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| 495 | + | current expense funding to be appropriated by the Board of Commissioners from any local 32 |
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| 496 | + | sources, including both general and supplemental tax revenues, and not including fines and 33 |
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| 497 | + | forfeitures or restricted use sales taxes authorized by Article 40 or 42 of Chapter 105 of the 34 |
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| 498 | + | General Statutes. 35 |
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| 499 | + | "Sec. 9.3. Notwithstanding the provisions of Sections 9.1 and 9.2 of this act, the Scotland 36 |
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| 500 | + | County Board of Commissioners and the Scotland County Board of Education may, in 37 |
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| 501 | + | extraordinary economic circumstances, jointly set a level of current expense expenditures for a 38 |
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| 502 | + | fiscal year. This deviation from Sections 9.1 and 9.2 of this act shall be valid only if approved by 39 |
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| 503 | + | resolution of both boards. 40 |
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| 504 | + | "Sec. 10. The public school system of Scotland County shall be known as and shall use the 41 |
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| 505 | + | style of 'Scotland County School System' and the board of education shall be known as and shall 42 |
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| 506 | + | use the style of 'Scotland County Board of Education'. 43 |
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| 507 | + | "Sec. 11. This Act shall be in full force and effect from and after its ratification." 44 |
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| 508 | + | SECTION 5. Except as otherwise provided, this act is effective when it becomes 45 |
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| 509 | + | law. 46 |
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