North Carolina 2025-2026 Regular Session

North Carolina House Bill H58 Compare Versions

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