GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

H                                                                                                                                                   D

HOUSE DRH50079-LB-58A  (1/29)

Short Title:        Electronic Notice of Public Hearings.		(Public)
Sponsors:	Representatives Stam and Howard (Primary Sponsors).
Referred to:

A BILL TO BE ENTITLED

AN ACT TO ALLOW ALL CITIES AND COUNTIES TO GIVE ELECTRONIC NOTICE OF PUBLIC HEARINGS.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Sections 1 and 2 of S.L. 2007‑86, as amended by S.L. 2008‑5, read as rewritten:

"SECTION 1. The governing body of a city or town may adopt ordinances providing that notice of public hearings may be given  published through electronic means, including, but not limited to, the Town's City's Internet site. site, in substitution for other published notice, except if the city operates a cable access channel, notice shall also be made on that channel. Publication through electronic means shall satisfy any newspaper publication requirement for a public hearing provided by law and any requirement for publication of a public hearing where the method of publication is not specified. Ordinances adopted pursuant to this section shall not supersede any State law that requires notice by mail to certain classes of people or the posting of signs on certain property and shall not alter the publication schedule for any public notice.

"SECTION 2. This act applies only to the Towns of Apex, Cary, Garner, and Knightdale."

SECTION 1.(b)  The Revisor of Statutes shall codify Section 1 of S.L. 2007‑86, as rewritten by this section, as G.S. 160A‑81.2, to be entitled "Electronic Notice of Public Hearings."

SECTION 2.  S.L. 2003‑161 is repealed, but any ordinance adopted by either the City of Raleigh or the Town of Lake Waccamaw under that act shall remain valid until amended or repealed under G.S. 160A‑81.2.

SECTION 3.(a)  Sections 1 and 2 of S.L. 2003‑81 read as rewritten:

"SECTION 1. A county may adopt ordinances providing that legal notice of public hearings may be published through electronic means in lieu of publication in any newspaper. The publication may be on the county's Internet site or by any other means. means, except if the county operates a cable access channel, notice shall also be made on that channel. Publication through electronic means shall satisfy any newspaper publication requirement for a public hearing provided by law and any requirement for publication of a public hearing where the method of publication is not specified. Ordinances adopted pursuant to this section shall not supersede any State law that requires notice by mail to certain classes of persons or the posting of signs on certain property, nor shall there be any alteration of the publication schedule required by State law.

"SECTION 2. This act applies to Cabarrus County only."

SECTION 3.(b)  The Revisor of Statutes shall codify Section 1 of S.L. 2003‑81 as rewritten by this section as G.S. 153A‑52.2, to be entitled "Electronic Notice of Public Hearings."

SECTION 4.  G.S. 159‑1(b)(5) reads as rewritten:

"(b)      The words and phrases defined in this section have the meanings indicated when used in this Chapter, unless the context clearly requires another meaning, or unless the word or phrase is given a more restrictive meaning by definition in another Article herein.

…

(5)        "Publish," "publication," and other forms of the word "publish" mean insertion in a newspaper qualified under G.S. 1‑597 to publish legal advertisements.advertisements, but in the case of notice of a public hearing also includes publication as provided by G.S. 153A‑52.2 or G.S. 160A‑81.2.

…."

SECTION 5.  This act is effective when it becomes law.