GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H                                                                                                                                                   2

HOUSE BILL 281

Committee Substitute Favorable 6/2/11

Short Title:        ETJ Restrictions.	(Public)
Sponsors:
Referred to:

March 10, 2011

A BILL TO BE ENTITLED

AN ACT to study eliminating extraterritorial planning jurisdiction when countywide zoning is in effect and when countywide zoning is not in effect and to allow residents of the etj to run for municipal office and vote in elections for municipal office.

The General Assembly of North Carolina enacts:

SECTION 1.  The House Select Committee on Extraterritorial Jurisdiction is hereby established.  The Committee shall consist of eight members appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate as follows:

(1)        Four members from the House of Representatives.

(2)        Four members from the Senate.

The Speaker of the House of Representatives shall designate one representative as cochair. The President Pro Tempore shall designate one senator as cochair. Vacancies of the Committee shall be filled by the same appointing authority that made the initial appointment. The Committee shall meet on the call of the cochairs. A quorum of the Committee shall be a majority of its members.

SECTION 2.  The Committee shall examine any issues or matters which would impact the exercise of extraterritorial jurisdiction by cities and the impact of such jurisdiction on counties, property owners, and residents.  The House Select Committee may continue to study the following:

(1)        Current State laws applicable to extraterritorial jurisdiction.

(2)        Issues addressed by House Bill 281, 2011 Regular Session.

(3)        Any other matter that is relevant to the exercise of extraterritorial jurisdiction by cities in this State.

SECTION 3.  While in the discharge of its official duties, the Committee may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. Members of the Committee shall receive per diem, subsistence, and travel allowance as provided in G.S. 120-3.1, 138-5, or 138-6, as appropriate. With the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to assist the Committee in its work. The Senate and House of Representatives shall assign clerical staff to the Committee. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.  The Committee may meet in the Legislative Building or Legislative Office Building and may meet at various locations around the State in order to promote greater public participation in its deliberations.

SECTION 4.  The Committee shall submit a final report to the 2012 Regular Session of the 2011 General Assembly and may submit interim reports as it deems necessary. The Committee shall terminate upon filing its final report or upon the convening of the 2012 Regular Session of the 2011 General Assembly, whichever comes first.

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