Bill Text: NC S248 | 2010 | Regular Session | Chaptered
Bill Title: Conform County School Board Vacancy Statute
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2009-07-10 - Ch. SL 2009-277 [S248 Detail]
Download: North_Carolina-2010-S248-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-277
SENATE BILL 248
AN ACT TO make a technical correction by DELETing FROM A 1981 LAW RELATING TO FILLING VACANCIES IN COUNTY BOARDS OF EDUCATION ELECTED ON A PARTISAN BASIS COUNTY BOARDs OF EDUCATION THAT IN FACT ARE NOT ELECTED ON A PARTISAN BASIS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 115C‑37.1 reads as rewritten:
"§ 115C‑37.1. Vacancies in offices of county boards elected on partisan basis in certain counties.
(a) All vacancies in the membership of county boards of education which are elected by public or local act on a partisan basis shall be filled by appointment of the person, board, or commission specified in the act, except that if the act specifies that appointment shall be made by a party executive committee, then the appointment shall be made instead by the remaining members of the board.
(b) If the vacating member was elected as the nominee of a political party, then the person, board, or commission required to fill the vacancy shall consult with the county executive committee of that party and appoint the person recommended by that party executive committee, if the party executive committee makes a recommendation within 30 days of the occurrence of the vacancy.
(c) Whenever only the qualified voters of less than the entire county were eligible to vote for the member whose seat is vacant (either because the county administrative unit was less than countywide or only residents of certain areas of the administrative unit could vote in the general election for a district seat), the appointing authority must accept the recommendation only if the county executive committee restricted voting to committee members who represent precincts all or part of which were within the territory of the vacating school board member.
(d) This section shall
apply only in the following counties: Alamance, Alleghany, Avery,
Beaufort, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret,
Cherokee, Clay, Cleveland, Davidson, Davie, Forsyth, Graham, Guilford,
Haywood, Henderson, Jackson, Madison, McDowell, Mecklenburg, Moore, New
Hanover, Polk, Randolph, Rockingham, Rutherford, Stanly, Stokes,
Transylvania, Vance, Wake, Washington, and Yancey. and
Washington."
SECTION 2. Effective December 1, 2010, G.S. 115C‑37.1(d), as rewritten by Section 1 of this act, reads as rewritten:
"(d) This section shall
apply only in the following counties: Alleghany, Brunswick, Forsyth, Graham,
New Hanover, Vance, and Washington."
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 1st day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 10:45 a.m. this 10th day of July, 2009
