GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
SESSION LAW 2026-36
HOUSE BILL 1220
AN ACT TO REPEAL A PROVISION OF THE CHARTER OF THE TOWN OF STEDMAN CONCERNING SALE OF ALCOHOLIC BEVERAGES; TO ALLOW MADISON COUNTY TO SIGN MEMORANDUMS OF UNDERSTANDING WITH UNICOI, GREENE, AND COCKE COUNTIES; TO AMEND THE CHARTER OF THE TOWN OF STANLEY TO ALLOW THE TOWN MANAGER TO HIRE, SUSPEND, OR REMOVE TOWN EMPLOYEES OTHER THAN THE TOWN ATTORNEY; and TO PROVIDE THE TOWN OF PINE KNOLL SHORES WITH THE AUTHORITY TO PLACE AIDS AND MARKERS TO NAVIGATION.
The General Assembly of North Carolina enacts:
PART I. STEDMAN TOWN CHARTER ALCOHOLIC BEVERAGE SALES
SECTION 1. Section 8 of Chapter 67 of the Private Laws of 1913 is repealed.
PART II. MADISON COUNTY INTERSTATE MOUs
SECTION 2.(a) Notwithstanding any provision of law to the contrary, the Madison County Sheriff's Office may enter into memorandums of understanding with the following sheriffs' offices located in Tennessee: Unicoi County, Greene County, and Cocke County. These memorandums of understanding shall permit the sheriffs' offices to engage across state lines in law enforcement special operations missions and cooperative law enforcement actions.
SECTION 2.(b) Any memorandum of understanding entered into pursuant to this section shall specify the manner in which liability claims for damage to persons or property as a result of law enforcement special operations missions and cooperative law enforcement actions will be shared or assigned. While ensuring public safety, each memorandum of understanding shall limit to the greatest extent possible the liability of Madison County and the State of North Carolina.
SECTION 2.(c) No later than November 1 of each year, any memorandum of understanding entered into that year pursuant to this section shall be reported to the Department of Justice.
SECTION 2.(d) This section applies only to Madison County.
PART III. STANLEY TOWN CHARTER MANAGER AUTHORITY
SECTION 3. Section 9 of the Charter of the Town of Stanley, being Chapter 233 of the Private Laws of 1911, as amended by an ordinance adopted by the Town of Stanley on November 3, 1986, an ordinance adopted by the Town of Stanley enacted on July 1, 1991, a resolution adopted by the Town of Stanley on March 2, 1992, and Section 9 of S.L. 2024‑20, reads as rewritten:
"Sec. 9. That on the second Monday in May, one thousand nine hundred and eleven, and biennially thereafter, the Town Council, after having taken an oath before some justice of the peace of Gaston County to support the constitution of the United States and the constitution of the State of North Carolina, and to well, faithfully and truly perform the duties of the office of a Town Council of the town of Stanley, to the best of their ability, which oath shall be subscribed to and entered upon the minutes of the corporation, and attested to by the individual administering the oath, shall take their seats and remain in office for a period of four years and until a successor is elected and qualified, except such as may be removed for cause or otherwise. They shall organize by electing one member chair, who shall act as a mayor pro tempore, in case of a vacancy, absence, or illness of the mayor. Notwithstanding G.S. 160A‑63, vacancies on the Town Council shall be filled by appointment of the remaining members of the Town Council for the remainder of the unexpired term. A majority of the Town Council shall constitute a quorum for the transaction of business. Said Town Council shall meet for the transaction of business at least once a month, and shall meet on the call of the mayor, or a majority of the Town Council, as often as may be necessary. The Town Council shall have the power, when deemed necessary, to appoint or remove the Town Attorney.
Sub‑Section A – Council‑Manager Form of Government.
The Town of Stanley shall be
governed by the Council‑Manager form of government as described in Part
II, Article VII of Chapter 160A of the North Carolina General Statutes. The
Town Council shall appoint a Town Manager to serve at its pleasure. He The
Town Manager shall be appointed solely on the basis of his executive
and administrative qualifications and the Town Manager need not be a resident
of the City Town or the State at the time of his appointment.
He The Town Manager shall receive such compensation as the
Council may from time‑to‑time fix.
Sub‑Section B – Duties of Town Manager.
The Town Manager shall be the chief
administrator of the Town. He The Town Manager shall be
responsible to the
Town Council for administering all municipal
affairs placed in his the Town Manager's charge and shall have
the following powers and duties:
i. He The Town Manager shall
hire, suspend suspend, or remove all City employees, Town
employees except the City Attorney, the City Tax Collector, and the City
Clerk, Town Attorney in accordance with such General Personnel
Rules, regulations and
policies, or ordinances as the Council may
adopt.
ii. He The Town Manager shall
direct and supervise the administration of all departments, offices and
agencies of
the Town subject to the general direction
and control of the Council, except as otherwise provided by law.
iii. He The Town Manager shall
attend all meetings of the Town Council and recommend any measures that he the
Town Manager deems expedient.
iv. He The Town Manager shall
see that all laws of the State, the Charter and the Ordinances, Resolutions and
Regulations of the Town Council are faithfully executed within the Town.
v. He The Town Manager shall
prepare and submit the annual budget and capital program to the Town Council.
vi. He The Town Manager shall
annually submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the City Town
as of the end of the fiscal year.
vii. He The Town Manager shall
make any other reports that the Town Council may require concerning the
operations of city Town departments, offices offices, and
agencies subject to his the Town Manager's direction and control.
viii. He The Town Manager shall
be a proper party to receive and accept service of all complaints, notices,
legal process and other documents of a judicial nature on behalf of the City.Town.
ix. He The Town Manager shall
perform any other duties that may be required or authorized by the Town
Council.
Sub‑Section C – Acting City Town
Manager.
By letter filed with the City Town
Clerk, the Town Manager may designate, subject to the approval of
the Council, a qualified person to exercise the powers and perform the Town
Manager's duties of Manager during his temporary absence or
disability. During this absence or disability, the Council may revoke that
designation at any time and appoint another to serve until the Town Manager
returns or his the disability ceases.
Sub‑Section D – Interim City Town
Manager.
When the position of City Town
Manager is vacant, the council shall designate a qualified person to
exercise the powers and perform the duties of Manager until the vacancy is
filled.
Sub‑Section E – Mayor and Councilmen Ineligible to Act As Manager.
Neither the Mayor nor any member of the Town Council shall be eligible for appointment as Town Manager or Interim Town Manager."
PART IV. PINE KNOLL SHORES NAVIGATIONAL MARKERS
SECTION 4.(a) The Town of Pine Knoll Shores (Town) is empowered to make, adopt, and enforce ordinances for the navigable waters of canals and Bogue Sound within the corporate limits and extraterritorial jurisdiction of the Town concerning the following:
(1) Placement and maintenance of channel aids and markers, anchoring aids and markers, and navigational aids and markers in conformity with the United States Aids to Navigation System and the rules of the Wildlife Resources Commission as adopted for use on the waters of North Carolina pursuant to G.S. 75A‑15(c). Before placing channel aids and markers, anchoring aids and markers, and navigational aids and markers, the Town Board of Commissioners, by ordinance, shall identify the location of the aids and markers by use of Global Positioning System coordinates and notify both the U.S. Coast Guard and the U.S. Army Corps of Engineers in writing of the intent to place the aids and markers. The notice shall be at least six weeks prior to the placement of any channel aids and markers, anchoring aids and markers, or navigational aids and markers under the authority granted by this section.
(2) The enforcement of ordinances adopted under the authority of this section in accordance with G.S. 160A‑175.
SECTION 4.(b) This section is intended to supersede G.S. 75A‑15(a)(3) for the navigable waters of canals and Bogue Sound within the corporate limits and extraterritorial jurisdiction of the Town of Pine Knoll Shores. In the event of conflict between any local ordinance adopted under the authority of this section and any other statutes, rules, or regulations of the Wildlife Resources Commission, the Department of Environmental Quality, the United States Coast Guard, or the United States Army Corps of Engineers, the State or federal rule or regulation shall supersede and prevail over the local ordinance to the extent of the conflict.
SECTION 4.(c) Duly sworn law enforcement officers of the Town of Pine Knoll Shores, the Carteret County Sheriff's Office, and the Wildlife Resources Commission shall have the authority to enforce any local ordinances adopted under the authority of this section.
SECTION 4.(d) This section applies only to the Town of Pine Knoll Shores.
PART V. EFFECTIVE DATE
SECTION 5. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd day of July, 2026.
s/ Phil Berger
President Pro Tempore of the Senate
s/ John R. Bell, IV
Presiding Officer of the House of Representatives