NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 502

SENATE BILL 891

 

 

AN ACT TO PROVIDE FOR THE ELECTION OF SOIL CONSERVATION DISTRICT SUPERVISORS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 139-6 is amended and rewritten to read as follows:

"§ 139-6.  After the issuance of the certificate of organization of the soil conservation district by the Secretary of State, an election shall be held in each county of the district to elect the members of the soil conservation district board of supervisors as herein provided.

The district board of supervisors shall consist of three elective members to be elected in each county of the district, and that number of appointive members as provided in G.S. 139-7. Upon the creation of a district, the first election of the members shall be held at the next succeeding election for county officers.

All elections for members of the district board of supervisors shall be held at the same time as the regular election for county officers beginning in November 1974. The election shall be nonpartisan and no primary election shall be held. The election shall be held and conducted by the county board of elections. No absentee ballots shall be permitted in the election.

Candidates shall file their notice of candidacy on forms prescribed by the county board of elections. The notice of candidacy must be filed no later than 12:00 noon on the second Friday in September preceding the election. The candidate shall pay a filing fee of five dollars ($5.00) at the time he files the notice of candidacy.

Beginning with the election to be held in November 1974, the two candidates receiving the highest number of votes shall be elected for a term of four years, and the candidate receiving the next highest number of votes shall be elected for a term of two years; thereafter, as their terms expire, their successors shall be elected for terms of four years.

The persons elected in 1974 and thereafter shall take office on the first Monday in December following their election.

The terms of the present members of the soil conservation districts, both elective and appointive members, are hereby extended to or terminated on the first Monday in December, 1974.

All qualified voters of the district shall be eligible to vote in the election. Except as provided in this act, the election shall be held in accordance with the applicable provisions of Articles 23 and 24 of Chapter 163 of the General Statutes.

The district board of supervisors, after the appointment of the appointive members has been made, shall select from its members a chairman, a vice-chairman and a secretary. It shall be the duty of the district board of supervisors to perform those powers, duties and authority conferred upon supervisors under this Chapter; to develop annual county and district goals and plans for soil conservation work therein; to request agencies, whose duties are such as to render assistance in soil and water conservation, to set forth in writing what assistance they may have available in the county and district."

Sec. 2.  G.S. 139-7 is hereby amended by rewriting the first paragraph to read as follows:

"§ 139-7.  The governing body of a soil conservation district shall consist of the three elective supervisors from the county or counties in the district, together with the appointive members appointed by the State Committee pursuant to this section, and shall be known as the district board of supervisors. When a district is composed of less than four counties, the elective supervisors of each county shall on or before December 31, 1974, and on or before December 31 as the terms of the appointive supervisors expire, recommend in writing two persons to the State Committee to be appointed to serve with the elective supervisors. If the names are not submitted to the State Committee as required, the State Committee shall appoint two persons of the district to the district board of supervisors to serve with the elected supervisors. The State Committee shall make its appointments prior to or at the January meeting of the State Committee. Appointive supervisors shall take office on the third Wednesday in January following their appointment. One appointive supervisor shall be appointed for a term of two years and one for a term of four years. Thereafter, as their terms expire, their successors shall be appointed for terms of four years. Vacancies for any reason in the appointive supervisors shall be filled for the unexpired term by the appointment of a person by the State Committee from the district in which the vacancy occurs. Vacancies for any reason in the elected supervisors shall be filled for the unexpired term by appointment by the State Committee of a person from the county in the district in which the vacancy occurs.

In those districts composed of four or more counties, the State Committee may, but is not required, to appoint one district supervisor without recommendation from the elective supervisors, to serve as a district supervisor along with the elected members of the board of supervisors. Such appointment shall be made at the same time other appointments are made under this section, and the person appointed shall serve for a term of four years."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 15th day of May, 1973.