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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 2 HOUSE BILL 85 Committee Substitute Favorable 5/5/21 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 85 Short Title:
Cleveland Cty Bd of Ed Vacancies.
Protect Private Property Rights.
Representatives Hastings and Saine (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 17, 2021 A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE CLEVELAND COUNTY BOARD OF EDUCATION SHALL FILL A VACANCY ON THE BOARD BY APPOINTING THE RECOMMENDATION OF THE COUNTY EXECUTIVE COMMITTEE OF THE RELEVANT POLITICAL PARTY.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House February 17, 2021 A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT THE INCLUSION OF REAL PROPERTY ON A COMPREHENSIVE TRANSPORTATION PLAN IS NOT A REQUIRED DISCLOSURE OR A MATERIAL FACT FOR THE PURPOSES OF DISCLOSURE FOR REAL ESTATE TRANSACTIONS.
Section 3.1 of S.L.
Article 9 of Chapter 39 of the General Statutes is amended by adding a new section to read:
2017-78, as amended by S.L.
"§ 39-51.
2017-200 and S.L.
Inclusion of real property in a comprehensive transportation plan not a material fact.
2018-140, reads as rewritten:
In offering real property for conveyance, rent, or lease, the fact that the real property, or any portion thereof, is included in a financially constrained transportation plan shall be deemed material;
"SECTION 3.1.
however, the mere fact that the real property, or any portion thereof, is included in a comprehensive transportation plan that is not financially constrained adopted pursuant to G.S.
Notwithstanding the Plan for the Merger of the Cleveland County, Kings Mountain District, and Shelby City Schools and S.L.
136-66.2orG.S.
2004-41, as amended by S.L.
136-212,orinaccordancewith23U.S.C.§§134or135,shallnot,standing alone, be deemed material.
2007-49, beginning with the 2020 elections, members of the Cleveland County Board of Education shall be elected in elections conducted on a partisan basis at the time of the general election for four-year terms in each even-numbered year as terms expire.
A party to the conveyance, rental, or lease of real property, or an agent of any said party, may not knowingly make a false statement regarding the property's inclusion on any transportation plan." SECTION 2.
The primary and election shall be held and conductedin accordance with general laws governingprimaries and elections forcounty officers, except as otherwise provided herein.
Unaffiliated candidates shall be nominated by petition as provided in G.S.
163A-1005(a)(3).
Vacancies for members elected in 2017 and thereafter shall be filled as provided in G.S.
115C-37.1.G.S.
163-122(a)(3).
In the event of a vacancy, the Cleveland County Board of Education shall consult with the county executive committee of the political partyof the vacating member.
The party's county executive committee shall make a recommendation for the person to fill the vacancy within 30 days of the occurrence ofthevacancy.TheClevelandCountyBoardofEducationshallappointthepersonrecommended by the county executive committee to fill the remainder of the unexpired term within seven days of the county executive committee's recommendation.
Notwithstanding the Plan for the Merger of the Cleveland County, Kings Mountain District, and Shelby City Schools, in 2020, five members of the Board shall be elected on the date of the general election, and every four years thereafter, and in 2022, four members of the Board shall be elected on the date of the general election, and every four years thereafter.
Elected members of the Board shall take office and qualify on the first Monday in December of the year of their election and the terms of their predecessors shall expire at that same time.
Members shall serve until a successor has been elected and qualified." SECTION 2.
115C-37.1(d) reads as rewritten:
47E-4 reads as rewritten:
"(d) This section shall apply only in the following counties:
"§ 47E-4.
Alleghany, Beaufort, Brunswick, Carteret, Cherokee, Clay, Cleveland, Dare, Davie, Graham, Guilford, Harnett, Hyde, Iredell, Lee, Madison, New Hanover, Onslow, Pender, Rutherford, Stanly, Stokes, Surry, Vance, Washington, and Yancey." *H85-v-2* General Assembly Of North Carolina Session 2021 SECTION 3.
Required disclosures.
This act is effective when it becomes law and applies to vacancies existing on or after that date.
… (b3) The inclusion of real property in a comprehensive transportation plan that is not financiallyconstrained adoptedpursuant to G.S.
Page 2 House Bill 85-Second Edition
136-66.2 orG.S.
136-212,orin accordancewith 23 U.S.C.
§§ 134 or 135, shall not be considered a required disclosure as provided in this section, provided, however, that no person subject to this Chapter, or an agent of a person subject to this Chapter, may knowingly make a false statement regarding any such fact.
…." SECTION 3.(a) This act applies to Cleveland and Lincoln Counties only.
SECTION 3.(b) This act is effective when it becomes law and applies to real estate contracts entered into on or after that date.
*H85-v-1*
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