GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2023

 

SESSION LAW 2023-37

SENATE BILL 248

 

 

AN ACT to decrease the size of the Nash Board of education to seven members; to align the districts for the nash board of education with the districts of Nash County Board of commissioners; to provide for the boundaries of the nash school administrative unit to be IDENTICAL to the boundaries of nash county effective July 1, 2024; AND to provide for partisan elections for the members of the catawba county board of education, hickory city board of education, and newton‑conover City BOARD of education.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.(a)  Except as provided in this section, the Nash Board of Education shall consist of seven members elected to staggered four‑year terms.

SECTION 1.(b)  Members of the Nash Board of Education shall be elected on a nonpartisan basis at the time of the general election in even‑numbered years as terms expire. The election shall be conducted by the nonpartisan plurality method, and the results determined in accordance with G.S. 163‑292. The filing period shall be from noon on the first Friday in July until noon on the third Friday in July of the even‑numbered year. Except as otherwise provided by this act, elections shall be conducted in accordance with Chapters 115C and 163 of the General Statutes.

SECTION 1.(c)  Members of the Nash Board of Education shall be elected from seven single‑member electoral districts. The electoral districts shall be the same electoral districts as those for the Nash County Board of Commissioners. No person shall be eligible to file for, be elected to, or serve on the Nash Board of Education unless the person is a qualified voter and resident of the district from which the person seeks to be elected. Candidates shall be voted on by the voters residing in the district from which that candidate seeks election.

SECTION 1.(d)  The Nash Board of Education shall organize in accordance with G.S. 115C‑41. Vacancies on the Nash Board of Education shall be filled in accordance with G.S. 115C‑37(f). To be eligible to fill a vacancy, the member shall reside in the district in which the vacating member was elected to serve.

SECTION 1.(e)  All members who were elected to the Nash Board of Education in 2022 shall continue to serve on the Nash Board of Education until the end of the elected term. If a Nash Board of Education member elected in 2022 vacates office for any reason prior to the end of the elected term, the vacancy shall not be filled.

SECTION 1.(f)  In addition to the members serving on the Nash Board of Education in accordance with subsection (e) of this section, seven members of the Nash Board of Education shall be elected in 2024. In order to implement staggered terms, members shall be elected to the Nash Board of Education as follows:

(1)        In 2024, and every four years thereafter, members from Districts 1, 3, and 4 shall be elected to serve a four‑year term.

(2)        In 2024, members from Districts 2, 5, 6, and 7 shall be elected to serve a two‑year term. In 2026, and every four years thereafter, members from Districts 2, 5, 6, and 7 shall be elected to serve a four‑year term.

SECTION 1.(g)  This section is effective when it becomes law and applies to elections held on or after that date.

SECTION 2.(a)  Effective July 1, 2024, the boundaries of the Nash School Administrative Unit shall be identical to the boundaries of Nash County. Any territory that was previously part of the Nash School Administrative Unit that is located outside of the boundaries of Nash County shall be annexed to the school administrative unit of the county in which the territory is located. Any local board of education gaining territory annexed into the school administrative unit under this section shall revise electoral districts in accordance with G.S. 115C‑37(i).

SECTION 2.(b)  Effective July 1, 2024, the Nash Board of Education shall operate and administer all of the public schools located in the Nash School Administrative Unit.

SECTION 3.(a)  S.L. 2016‑14 is repealed. The "Nash‑Rocky Mount School Administrative Unit" shall continue to be renamed the "Nash School Administrative Unit" and the "Nash‑Rocky Mount Board of Education" shall continue to be renamed the "Nash Board of Education."

SECTION 3.(b)  No later than November 15, 2023, the boards of the school administrative units of Nash and Edgecombe, in consultation with the boards of county commissioners of Nash and Edgecombe Counties, shall submit a written plan of transfer to the State Board of Education setting forth the agreement of all four boards as to the transfer of that portion of the Nash School Administrative Unit located in Edgecombe County to the Edgecombe County Public School System. The provisions of the written plan of transfer shall be consistent with the General Statutes and shall contain at least the following:

(1)        The power, authority, and duties of the Nash Board of Education and Edgecombe County Board of Education with respect to the employment of personnel, the preparation of budgets, student assignment, and any other related matters relevant to the area to be transferred effective July 1, 2024, not inconsistent with the General Statutes.

(2)        Notwithstanding G.S. 115C‑518, the transfer of all funds, contracts, obligations, assets, and liabilities relevant to the area to be transferred effective July 1, 2024, from the Nash Board of Education to the Edgecombe County Board of Education, including consideration of real property, furnishings and improvements, encumbered and unencumbered property, equipment, buses, band and sports equipment, textbooks, other instructional materials, and library resources, computers, and supplies.

(3)        Any other appropriate subject or function that may be necessary for the orderly transfer of the portion of the Nash School Administrative Unit located in Edgecombe County to be transferred to the Edgecombe County Public School System effective July 1, 2024.

SECTION 3.(c)  If a written plan of transfer is not submitted to the State Board of Education pursuant to subsection (b) of this section by November 15, 2023, the State Board of Education shall prepare a written plan of transfer for the July 1, 2024, transition no later than December 31, 2023.

SECTION 3.(d)  Unless agreed on by both of the boards of the school administrative units of Nash and Edgecombe and both of the boards of county commissioners of Nash and Edgecombe Counties, the written plan of transfer prepared pursuant to subsection (b) or (c) of this section shall become final and shall not be modified or amended except by an act of the General Assembly. The written plan of transfer prepared pursuant to subsection (b) or (c) of this section, along with any modifications to that written plan of transfer, shall be placed in the custody of the Nash Board of Education and Edgecombe County Board of Education, and shall be filed with the Secretary of State.

SECTION 3.(e)  Except as otherwise provided for in the written plan of transfer prepared pursuant to subsection (b) or (c) of this section and notwithstanding G.S. 115C‑518, the title to and ownership of all property of the Nash Board of Education located in Edgecombe County, both real and personal of every kind and description, shall be vested in the Edgecombe County Board of Education, and both boards of education shall execute all deeds and other instruments of conveyance as may be necessary and appropriate to vest record title to and ownership of any property located in Edgecombe County held by the Nash Board of Education in and to the Edgecombe County Board of Education on the transfer date of July 1, 2024.

SECTION 3.(f)  Except as otherwise provided for in the written plan of transfer prepared pursuant to subsection (b) or (c) of this section, the following shall apply:

(1)        All claims and demands of every kind related to the public schools of the Nash School Administrative Unit located in Edgecombe County as of July 1, 2024, shall pass and be transferred to the Edgecombe County Public School System, and the Edgecombe County Public School System shall have the same powers and authority to enforce said claims and demands as the Nash School Administrative Unit would have had in the event of the continued control of those public schools.

(2)        Any obligations and liabilities related to the public schools of the Nash School Administrative Unit located in Edgecombe County existing as of July 1, 2024, shall become the obligations and liabilities of the Edgecombe County Board of Education as of July 1, 2024, and such obligations and liabilities may be enforced against the Edgecombe County Board of Education thereafter to the same extent that they might have been enforced against the Nash Board of Education prior to the transfer.

SECTION 4.(a)  Chapter 391 of the 1991 Session Laws is repealed.

SECTION 4.(b)  Section 4 of S.L. 2003‑346 is repealed.

SECTION 4.(c)  Section 1 of S.L. 2006‑87 is repealed.

SECTION 4.(d)  S.L. 2007‑316 is repealed.

SECTION 4.(e)  This section becomes effective July 1, 2024.

SECTION 5.(a)  Section 1 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 170 of the 1985 Session Laws, reads as rewritten:

"Section 1.  The Board of Education of Catawba County Board of Education shall continue to be constituted with consist of seven members as its membership, and the present members of the Board of Education of Catawba County shall continue to hold their offices for the terms of office now established and until the term of office of each member has expired as follows:

H.T. Campbell      First Monday in December, 1970

Fred H. Lytton      First Monday in December, 1970

Martin S. Keisler First Monday in December, 1972

Bruce Teague        First Monday in December, 1972

John Hunsucker    First Monday in December, 1972

and his successor has been elected and qualified as hereinafter set forth.elected to staggered four‑year terms."

SECTION 5.(b)  Section 2 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 170 of the 1985 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:

"Sec. 2. In the general election in 1986, there shall be elected four members of the Board of Education of Catawba County. In the general election in 1988, there shall be elected three members of the Board of Education of Catawba County. All members so elected shall hold their offices for four years, and serve until their successors are elected and qualified. Beginning in 1996, as vacancies occur in the membership of Seats on the Catawba County Board of Education of Catawba County by reason of expiration of terms of office, they shall be filled by nomination in the primaries and by election in the general elections according to the number of vacancies to be filled and according to the procedure set forth in this Act."

SECTION 5.(c)  Section 3 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 382 of the 1979 Session Laws and Chapter 132 of the 1995 Session Laws, reads as rewritten:

"Sec. 3. All persons desiring to be candidates for membership on said the Catawba County Board of Education shall file a notice of candidacy with the Board of Elections of Catawba County not earlier than noon on the first Monday in June and not later than noon on the first Friday in July in the year of the election, which at the same time as candidates for other county offices. The notice shall state the name of each candidate, his age candidate's name, age, and place of residence, and which shall be accompanied by a filing fee of ten dollars ($10.00)."

SECTION 5.(d)  Section 4 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:

"Sec. 4. Notwithstanding the provisions of G.S. 115C‑37, the Catawba County Board of Education shall be elected on a nonpartisan basis at the time set by G.S. 163-1 for the general election in each even-numbered year as terms expire. The election shall be conducted on a nonpartisan plurality basis, with the results determined in accordance with G.S. 163-292. The names of the candidates shall be printed on the ballot without reference to any party affiliations. partisan basis. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes. Members of the Catawba County Board of Education of Catawba County shall take office and qualify on the First first Monday in December following their election."

SECTION 5.(e)  Section 5 of Chapter 874 of the 1969 Session Laws, as amended by Chapter 132 of the 1995 Session Laws, reads as rewritten:

"Sec. 5. All candidates in any primary or general election held under this Act shall be qualified electors voters of Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit, and shall be voted upon at large by the electors voters in Catawba County who reside outside the boundaries of the Hickory Administrative School Unit and the Newton‑Conover Administrative School Unit."

SECTION 5.(f)  Chapter 874 of the 1969 Session Laws is amended by adding a new section to read:

"Sec. 6.1. Vacancies on the Catawba County Board of Education shall be filled in accordance with G.S. 115C‑37.1."

SECTION 5.(g)  This act does not affect the term of office of any member elected in 2020 or 2022 to the Catawba County Board of Education. The members of the Catawba County Board of Education elected in 2020 and 2022, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2020 or 2022, shall serve until a successor has been elected and qualified. Any vacancy on the Catawba County Board of Education for a member elected in 2020 and 2022 shall be filled by appointment by the remaining members of the Board.

SECTION 5.(h)  This section is effective when it becomes law and applies to elections held in 2024 and thereafter.

SECTION 6.(a)  Section 1 of Chapter 930 of the 1971 Session Laws reads as rewritten:

"Section 1.  The Hickory City Board of Education of the Hickory Administrative School Unit shall continue to consist of seven (7) members, and the present members of the Board of Education of the Hickory Administrative School Unit shall continue to hold their offices for the terms of office hereby established and until the term of office of each member has expired as follows:

Ward 1      William L. Cauble, Jr. First Monday in Dec. 1973

Ward 2      C. R. Cagle      First Monday in Dec. 1973

Ward 3      Gene D. Smith First Monday in Dec. 1973

Ward 4      Sam Dula        First Monday in Dec. 1971

Ward 5      Dr. W. E. Leonard      First Monday in Dec. 1973

Ward 6      Mrs. J. E. Barringer     First Monday in Dec. 1971

Member-

at-Large     Weldon S. Fanjoy       First Monday in Dec. 1971

or until his successor has been elected and qualified as hereinafter provided and thereafter the term of office of each member of the Board shall be four years.elected to staggered four‑year terms."

SECTION 6.(b)  Section 3 of Chapter 930 of the 1971 Session Laws reads as rewritten:

"Sec. 3. One (1) member of the Hickory City Board of Education shall be elected from each ward by the qualified voters of the ward, and the member must be a resident of the ward. One (1) member of the Hickory City Board of Education shall be elected at large by the qualified voters of the entire unit. The election shall be nonpartisan and no primary election shall be held. Members shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Hickory City Board of Education shall be nominated at the same time and manner as county officers. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes. The election shall be held and conducted by the Catawba County Board of Elections and the expense of the election shall be paid by Catawba County. Registration and the election shall be held and conducted in accordance with the laws, rules and regulations applicable to elections for County offices except as otherwise provided in this act.Elections."

SECTION 6.(c)  Section 4 of Chapter 930 of the 1971 Session Laws, as amended by Chapter 382 of the 1979 Session Laws, reads as rewritten:

"Sec. 4. Candidates for membership on the Hickory City Board of Education shall file their a notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the Board, not later than 5:00 p.m. on the ninth Friday preceding the election, at the same time as candidates for county officers, and pay a filing fee of five dollars ($5.00). If more than two (2) candidates file from a ward, or as an at-large candidate, the person receiving a plurality of the votes cast shall be declared elected.All candidates in any primary or general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Hickory Administrative School Unit and, if filing for a seat representing a ward, reside within that ward."

SECTION 6.(d)  Section 7 of Chapter 930 of the 1971 Session Laws reads as rewritten:

"Sec. 7. Beginning in 1973, except as otherwise specifically provided herein elections under this act shall be held on the same date as regular municipal elections in the City of Hickory for the purpose of electing members to the Board of Education to take the place of the members whose terms next expire. The members elected shall take office and qualify on the first Monday in December following their election and shall serve for terms of four (4) years, and until their successors are elected and qualified."

SECTION 6.(e)  Section 10 of Chapter 930 of the 1971 Session Laws reads as rewritten:

"Sec. 10. All vacancies in the membership of the Hickory City Board of Education shall be filled by appointment by the remaining members of the Board. If a vacancy occurs during the first two years of a term, such appointment shall be only until the next regular election for seats on the Board, at which time such vacancy shall be filled by election for the remaining two years of the term. If a vacancy occurs during the last two years of a term, such appointment shall be for the remainder of the term.in accordance with G.S. 115C‑37.1. For the purposes of that section, the Hickory City Board of Education shall be considered a county board of education."

SECTION 6.(f)  Sections 5 and 6 of Chapter 930 of the 1971 Session Laws are repealed.

SECTION 6.(g)  No election for the Hickory City Board of Education shall occur in 2023. The terms of office for the three members of the Hickory City Board of Education serving on the effective date of this section whose terms are set to expire in 2023 shall be extended by one year. The terms of office for the four members of the Hickory City Board of Education serving on the effective date of this section whose terms are set to expire in 2025 shall be extended by one year. Regular elections for the Hickory City Board of Education shall be conducted in even‑numbered years beginning in 2024.

SECTION 6.(h)  The members of the Hickory City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified. Any vacancy on the Hickory City Board of Education for a member elected in 2019 and 2021 shall be filled by appointment by the remaining members of the Hickory City Board of Education.

SECTION 6.(i)  This section is effective when it becomes law and applies to elections held on or after that date.

SECTION 7.(a)  Chapter 200 of the Private Laws of 1935, as amended by Chapter 716 of the 1961 Session Laws and Chapter 81 of the 1967 Session Laws, reads as rewritten:

"Section 1. That at the next municipal election to be held on the first Monday in May, one thousand nine hundred thirty-five, there shall be elected by the qualified voters residing in the Newton-Conover City Administrative Unit four members to serve on the Board of Trustees of said administrative unit, the election to be held under and subject to the same rules and regulations governing the nominating and electing of municipal officers of the Town of Newton. Said election to be held by having two voting places, one in the Town Hall in the Town of Newton, and all qualified voters residing in the old Newton Graded School District, viz: within the boundary lines of the Newton Graded School District as of January first, one thousand nine hundred and thirty-one, shall be allowed to vote at such an election at the Newton voting precinct, and the other voting precinct shall be in the school building, or in the Town hall, in the Town of Conover, North Carolina, and all qualified voters residing in the old Conover Special Tax School District, viz: within the boundary lines of said old Conover Special Tax School District as of January first, one thousand nine hundred and thirty-one, shall be allowed to vote at such an election at the Conover voting precinct. The Board of Trustees for said administrative unit shall consist of six members, four of whom shall reside within the limits of the old Newton Graded School District, and the remaining two shall reside in that territory formerly known as the Conover Special Tax School District. The terms of office for said trustees shall be as follows: D. B. Gaither and O. R. Cline shall continue as members of the Newton-Conover City Administrative Unit until their present term of office expires on the first Monday in May, one thousand nine hundred and thirty-six. Two members, one from Newton and one from Conover District, shall be elected on the first Monday in May, one thousand nine hundred and thirty-five, for a term of two years. Two members, one from Newton and one from Conover District, shall be elected on the first Monday in May, one thousand nine hundred and thirty-five, for a term of three years. On the first Monday in May in each year thereafter there shall be elected two trustees who shall hold office for a period of three years to succeed those whose terms expire.The Newton‑Conover City Board of Education shall consist of six members. Members shall serve staggered four‑year terms. Three members shall represent the Newton district. Three members shall represent the Conover district.

"Sec. 1˝. (a) Qualified voters residing in the area hereinbefore defined as "Old Conover Special School Tax District" shall vote for the Trustees members of the Newton‑Conover City Board of Education residing in that district only and the qualified voters residing in the area hereinbefore defined as the "Old Newton Graded School District" shall vote for the Trustees members of the Newton‑Conover City Board of Education residing in that district only, so that the Conover representatives shall be elected exclusively by voters and residents of the Conover district and the Newton representatives shall be elected exclusively by voters and residents of the Newton district. At each election herein provided for, the Town of Conover shall provide a separate ballot to be used in the election of Trustees of the School Unit containing the names of the Conover candidates only and the City of Newton shall provide a separate ballot to be used in the election of Trustees of the School Unit containing the names of the Newton candidates only.

(b)        For the purpose of conducting the elections herein provided for, for members of the Newton‑Conover City Board of Education, the division and boundary line separating the said Old Conover Special School Tax District and the Old Newton Graded School District is hereby established and re‑defined as follows:

…

"Sec. 2. That the election officials of the Town of Newton, North Carolina, shall conduct said election, appoint the registrars, judges, and other poll holders necessary, and do each and everything necessary in conducting said election, under the rules governing and controlling regular and special municipal elections, of the voting precinct located in the Town of Newton. That the election officials of the Town of Conover, North Carolina, shall conduct the election at the voting precinct in the Town of Conover in the same manner as herein provided for the Town of Newton: Provided, that any special election may be called by the election officials of said Towns meeting in joint session.Members of the Newton‑Conover City Board of Education shall be elected on a partisan basis at the time of the general election in each even‑numbered year as terms expire. Candidates for election to the Newton‑Conover City Board of Education shall be nominated at the same time and manner as county officers. Except as provided by this act, the election shall be conducted in accordance with the applicable provisions of Chapters 115C and 163 of the General Statutes.

"Sec. 3. That a special book shall be provided in each voting place for the registration of voters residing within the limits of each voting place, or precinct, as set out herein, who shall register and vote in the precinct in which they reside, and special boxes shall be provided at each voting place, to wit, in the Town Hall in Newton, North Carolina, and in the school building or Town Hall in Conover, North Carolina, in which shall be deposited the votes for said trustees: Provided, that all legally qualified voters now registered in the Town of Newton or in the former Newton Graded School District shall be deemed legally registered in the said Newton precinct and all legally qualified voters now registered in the Town of Conover or in the old Conover Special Tax District shall be deemed legally registered in the Conover precinct, and such registered voters shall not be required to re-register except and unless a new registration shall be ordered in either or both of said precincts by the election officials of the Towns of Newton and Conover meeting in joint session.Candidates for membership on the Newton‑Conover City Board of Education shall file a notice of candidacy with the Catawba County Board of Elections, on forms prescribed by the Catawba County Board of Elections, at the same time as candidates for county officers. All candidates in any primary or general election held under this act shall be qualified voters of Catawba County who reside within the boundaries of the Newton‑Conover Administrative School Unit and who reside in the district for the seat apportioned to that district.

"Sec. 4. That the said trustees Elected members of the Newton‑Conover City Board of Education shall take office and qualify and enter upon their duties as such officers on the first Monday next in December following the election as herein provided, and shall have all the powers, authorities and duties conferred and imposed upon the trustees now acting as trustees of the said Newton-Conover City Administrative Unit and the said trustees now serving, with the exception of D. B. Gaither and O. R. Cline, shall, when the four trustees herein provided for have been elected and qualified, be relieved of all further duties powers and authorities as such trustees.election. Members shall serve until their successors are elected and qualified.

"Sec. 5. That the said trustees, as herein provided for, Each year, the members of the Newton‑Conover City Board of Education shall at their first meeting elect from their number a chairman, who shall a chair to serve for one year, and that thereafter at the first meeting after each election they shall elect a chairman to serve for one year.

"Sec. 6. That the expense of the election herein provided for as held in the Town of Newton shall be paid by the Town of Newton from the general funds of said Town. That the expense of the election herein provided for as held in the Town of Conover shall be paid by the Town of Conover from the general funds of said Town.The election shall be held and conducted by the Catawba County Board of Elections.

"Sec. 7. That vacancies occurring Vacancies on the Newton‑Conover City Board of trustees Education shall be filled by appointments made by the remaining members of said Board at the time of such vacancy.in accordance with G.S. 115C‑37.1. For the purposes of that section, the Newton‑Conover City Board of Education shall be considered a county board of education.

…."

SECTION 7.(b)  No election for the Newton‑Conover City Board of Education shall occur in 2023. The terms of office for the three members of the Newton‑Conover City Board of Education serving on the effective date of this section whose terms are set to expire in 2023 shall be extended by one year. The terms of office for the three members of the Newton‑Conover City Board of Education serving on the effective date of this section whose terms are set to expire in 2025 shall be extended by one year. Regular elections for the Newton‑Conover City Board of Education shall be conducted in even‑numbered years beginning in 2024.

SECTION 7.(c)  The members of the Newton‑Conover City Board of Education elected in 2019 and 2021, or any member appointed to fill a vacancy for the remainder of an unexpired term for a member elected in 2019 or 2021, shall serve until a successor has been elected and qualified. Any vacancy on the Newton‑Conover City Board of Education for a member elected in 2019 and 2021 shall be filled by appointment by the remaining members of the Newton‑Conover City Board of Education.

SECTION 7.(d)  This section is effective when it becomes law and applies to elections held on or after that date.

SECTION 8.(a)  G.S. 115C‑37.1(d) reads as rewritten:

"(d)      This section shall apply only to the Hickory City Board of Education and the Newton‑Conover City Board of Education and in the following counties: Alleghany, Beaufort, Brunswick, Burke, Caldwell, Carteret, Catawba, Cherokee, Clay, Cleveland, Craven, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Lincoln, Madison, New Hanover, Onslow, Pender, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey."

SECTION 8.(b)  This section becomes effective December 1, 2024.

SECTION 9.  Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 12th day of June, 2023.

 

 

                                                                    s/  Phil Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Erin Paré

                                                                        Presiding Officer of the House of Representatives