Bill Text: NC H151 | 2017-2018 | Regular Session | Amended
Bill Title: Stanly Cty/Economic Development Commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-06-20 - Ch. SL 2017-35 [H151 Detail]
Download: North_Carolina-2017-H151-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 151
Committee Substitute Favorable 3/1/17
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Short Title: Stanly Cty/Economic Development Commission. |
(Local) |
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Referred to: |
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February 22, 2017
A BILL TO BE ENTITLED
AN ACT changing the composition of the stanly county economic development commission and making technical changes to the act that created the commission.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 141 of the 1961 Session Laws, as amended by Chapter 706 of the 1965 Session Laws, Chapter 355 of the 1975 Session Laws, Chapter 237 of the 1983 Session Laws, Chapter 185 of the 1987 Session Laws, and S.L. 2011‑175, reads as rewritten:
"Section 1. Creation of
Economic Development Commission. – The Board of County Commissioners of
Stanly County (hereinafter "Board") is hereby authorized to
create a commission to be known as the " Economic Development
Commission" (hereinafter "Commission") for Stanly County
for the purposes of aiding and encouraging the location in Stanly County of
manufacturing, industrial, and commercial plants and enterprises, of aiding
and encouraging the agricultural development of Stanly County, and for such
other purposes as will, in the discretion of the County Commissioners, increase
the population, taxable property, agricultural and business industries, and the
general welfare of Stanly County, and for the further purpose of aiding and
encouraging existing private enterprises in Stanly County.
"Sec. 2. Such commission Members
Appointed. – (a) The Commission shall be composed of 12 13 members
to be appointed by the Board of County Commissioners for Stanly County. In
making said appointments the board shall seek to achieve representation from
the various geographic areas of the county. In the event a vacancy occurs in
the membership of such commission because of death, resignation, or otherwise,
the board of county commissioners shall fill such vacancy by appointing a member
from the same section of the county as his predecessor. There is hereby imposed
on such member of the board of county commissioners as said board may designate
the duty to serve as chairman of the Economic Development Commission and such
commissioner, acting as chairman, shall be entitled to vote only in case of a
tie. The county board of commissioners shall designate another member of said
board as an alternate member to attend and vote if the original appointee as
chairman is unable to attend or is unable to vote.Board as follows:
(1) Two members representing business or industry from each of the Board's five electoral districts.
(2) Two county commissioners who shall serve at the pleasure of the Board, but only as long as they are serving as county commissioners.
(3) The President of Stanly County Community College or the President's designee.
(b) In the event a vacancy occurs in the membership of the Commission because of death, resignation, or otherwise, the Board shall fill such vacancy. If the member who vacated the seat represented business or industry from one of the Board's five electoral districts, the vacancy shall be filled by a person representing the same filing district as the member being replaced.
"Sec. 2.1. A designee of
the Stanly County Chamber of Commerce and the President of the Stanly County
Community Development Corporation shall serve as voting ex officio members of
the Industrial Development Commission in addition to the 12 members to be
appointed by the Board of Commissioners for Stanly County.Sec. 3. Ex Officio
Members. – The Stanly County Manager and the Stanly County Attorney shall
also,shall, by virtue of their respective offices, serve in a
nonvoting ex officio capacity on the Economic Development Commission.
The members of the Commission may appoint additional persons to serve in a
nonvoting ex officio capacity if deemed advisable in order to help guide or
assist the Commission in fulfilling its obligations as provided in this act.
"Sec. 3.Sec. 4. Terms.
– The terms of office of the members of the commission, with the
exception of the chairman of the commission, Commission shall be two
years, with the exception of the initial years existence of the commission,
in which one‑half shall be appointed to serve for a period of one year.except,
in order to stagger the terms, one‑half of the members appointed in 2017
shall serve for a term of one year and the remaining members appointed in 2017
shall serve for a term of two years. In appointing the initial members
of the commission, the board of county commissionersThe Board shall
designate those members who are appointed for a period of two years and
those who are appointed for a period of one year. Upon the expiration of the
term of office of those members who are appointed for one year, the board of
commissionersBoard shall appoint their successors for a term of two
years. All appointees shall serve until their successors have been appointed
and qualified. Any member shall be eligible to reappointment. The board of
commissioners shall designate the date on which the term of office of
the initial members shall commence.shall commence on April 1 and shall
end on March 31. For clarification, two members from the following areas
(voting precincts) of Stanly County are to be appointed by the Board of
Commissioners: North (Almond, Ridenhour, Richfield, New London, and North
Albemarle); South (East Center, West Center, Tyson, and Big Lick #1); East
(South Albemarle, East Albemarle, Badin, and Palmerville); West (Furr #1, Furr
#2, Big Lick #2, and Endy); Central (Albemarle #1, Albemarle #2, Albermarle #6,
Albemarle #7, Albemarle #8, Albemarle #10, and Albemarle #11); and two seats at
large. The one‑ and two‑year term limits provided for in
this section shall not apply to members of the Board or the President of Stanly
County Community College.
"Sec. 4. The chairman of
the Economic Development Commission shall serve at the pleasure of the Stanly
County Board of Commissioners, but only as long as still serving as a county
commissioner.
"Sec. 5.Sec. 5. Election
of Officers; Bylaws; Employees. – At the time of the holding of the first
meeting of the Economic Development Commission, Commission following
the appointment of members in 2017, the members shall, by a majority vote,
name and select from their membership a vice‑chairmanchair,
vice‑chair, and a secretary, and shall draw up and ratify
their own bylaws and procedural rules and policies, subject to the approval of
the board of county commissioners.Board. Whenever necessary,
members of the Economic Development Commission shall by a majority vote
make necessary changes to their bylaws, procedural rules and policies subject
to the approval of the county board of commissioners. Board. All
disbursements shall be made to the commission Commission by the
county in the same way and manner provided by law for disbursing public funds
of Stanly County, and no disbursements shall be made except upon approval of
the county board of commissioners. The Economic Board. Except for the
executive officer appointed under Section 7 of this act, the Commission
shall have authority to employ such personnel as it may deem necessary
and within the budget for said commission the Commission to be
prescribed by the board of county commissioners, Board, and all
such personnel shall be considered for all purposes employees of Stanly County.
"Sec. 5.1. Sec. 6. Additional
Funds. – The Economic Development Commission may accept, receive and
disburse in furtherance of its functions any funds, grants, and services made available
by the Federal Government and its agencies, the State Government and its
agencies, any municipalities or counties, and by private and civic sources.
"Sec. 5.2.Sec. 7.
Executive Officer; Contracts; Board Supervision. – (a) With the approval of the
Board, the County Manager shall have authority to appoint the executive officer
of the Commission, upon consultation with the Commission.
(b) The Economic Development In lieu of
appointing an executive officer under subsection (a) of this section, with the
approval of the Board, the Commission shall also have authority to
enter into a contract with the Stanly County Chamber of Commerce pursuant to
which said the Chamber of Commerce will provide to the Economic
Development Commission and to the County of Stanly the services of an
executive officer qualified in the field of economic development who shall be
subject to the direction of the Economic Development Commission in
implementing the purposes for which the Economic Development Commission
is created. Said The executive officer may be an employee of said
the Chamber of Commerce or the County of Stanly. The Economic
Development Commission is authorized to pay to said the Chamber
of Commerce, out of funds appropriated to the Economic Development Commission
by the county commissionersBoard, such amount as the Economic
Development Commission and the Board deems deem proper
for the services of said the executive officer and for office
space, supplies, record keeping and other necessary and proper expenses
incurred in the implementation of the purposes for which the Economic
Development Commission is created.
(c) In addition to the contract authority provided for in subsection (b) of this section, the Commission may enter into contracts with the Stanly County Chamber of Commerce or another entity to implement the purposes for which the Commission is created, with the approval of the Board. Any contract awarded by the Commission without the approval of the Board shall be null and void.
(d) The Board shall, at all times, have authority to supervise the Commission and its activities. The Commission shall not enter into any contract or agreement of any kind with the Stanly County Chamber of Commerce or any other entity that interferes with, restricts, or otherwise limits the Board's ability to exercise its authority to supervise the Commission and its activities.
"Sec. 6.Sec. 8. Use
of Nontax Funds. – The Board of County Commissioners for Stanly County is
hereby authorized, in its discretion, to expend any nontax funds, regardless of
the source from which said the nontax funds are received, in
order to implement the purposes for which the Economic Development Commission
is created.
"Sec. 6.1. The Board of
County Commissioners of Stanly County is hereby authorized and empowered to
call a special election to determine whether it be the will of the qualified
voters of Stanly County that they levy and cause to be collected annually, at
the same time and in the same manner as the general county taxes are levied and
collected, a special tax at a rate not to exceed five cents (5¢) on each one
hundred dollars ($100.00) valuation of property in said county, to be known as
an "Economic Development Tax", the funds therefrom, if the levy be
authorized by the voters of said county, to be used by the board of county
commissioners in its discretion and as it may deem expedient and wise for the
purposes for which the Economic Development Commission for Stanly County is
created. Said election, if called, shall be under the control and supervision
of the Stanly County Board of Elections.
If a majority of those voting in
such election favor the levying of such a tax, the Board of County
Commissioners of Stanly County are authorized to levy a special tax at a rate
not to exceed five cents (5¢) on each one hundred dollars ($100.00) of assessed
value of real and personal property taxable in said county, and the General Assembly
does hereby give its special approval for the levy of such special tax.
"Sec. 7. Sec. 9. If
any provision of this Act or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Act which can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are declared to be severable. Nothing herein contained shall limit the
authority of the Board of County Commissioners for Stanly County from
utilizing the provisions of Articles 2 and 3 of Chapter 158 of the North Carolina
General Statutes as amended relating to economic development commissions.
"Sec. 8.Sec. 10.
All laws and clauses of laws in conflict with this Act are hereby repealed.
"Sec. 9.Sec. 11.
This Act shall become effective upon its ratification."
SECTION 2. The terms of all members serving on the Stanly County Economic Development Commission, including members of the Stanly County Board of Commissioners, shall expire on March 31, 2017. The Stanly County Board of Commissioners shall appoint 13 members to serve on the Stanly County Economic Development Commission as provided in Section 1 of this act. The terms of the 13 members appointed by the Stanly County Board of Commissioners shall be for one and two years, as provided in Section 1 of this act, and shall begin on April 1, 2017.
SECTION 3. This act is effective when it becomes law.
