A BILL TO BE ENTITLED
AN ACT TO CLARIFY EXISTING DELEGATIONS OF AUTHORITY TO COUNTIES, cities, AND BOARDS OF HEALTH AND TO CONFIRM FLEXIBILITY IN THE EXECUTION OF THOSE DELEGATED AUTHORITIES.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 160A‑4 reads as rewritten:
"§ 160A‑4.  Broad construction.
It is the policy of the General Assembly that the cities of this State should have adequate authority to execute the powers, rights, duties, functions, privileges, and immunities conferred upon them by law. It is the intention of the General Assembly that the rule of strict construction known as Dillon's Rule shall not be applied to interpretations of the scope of the delegations of authority to cities. Rather, all grants of authority to cities shall be broadly construed and grants of power shall be construed to include any additional and supplementary powers that are reasonably necessary or expedient to carry them into execution and effect: Provided, that the exercise of such additional or supplementary powers shall not be contrary to State or federal law or to the public policy of this State.
Except where specifically provided otherwise, in carrying out their delegated powers cities shall have the authority and flexibility to adopt reasonable definitions, procedures, rules, fee schedules, exceptions, and exemptions."
SECTION 2.  G.S. 160A‑174 reads as rewritten:
"Article 8.
"Delegation and Exercise of the General Police Power.
"§ 160A‑174.  General ordinance‑making power.
(a)	A city may by ordinance define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances.
(b)	A city ordinance shall be consistent with the Constitution and laws of North Carolina and of the United States. An ordinance is not consistent with State or federal law when:
(1)	The ordinance infringes a liberty guaranteed to the people by the State or federal Constitution;
(2)	The ordinance makes unlawful an act, omission or condition which is expressly made lawful by State or federal law;
(3)	The ordinance makes lawful an act, omission, or condition which is expressly made unlawful by State or federal law;
(4)	The ordinance purports to regulate a subject that cities are  expressly forbidden to regulate by State or federal law;
(5)	The ordinance purports to regulate a field for which a State  or federal statute expressly states a legislative intent to provide a complete and integrated regulatory scheme to the exclusion of local regulation;
(6)	The elements of an offense defined by a city ordinance are identical to the elements of an offense defined by State or federal law.
The fact that a State or federal law, standing alone, makes a given act, omission, or condition unlawful shall not preclude city ordinances requiring a higher standard of conduct or condition."
SECTION 3.  G.S. 160A‑177 reads as rewritten:
"§ 160A‑177.  Enumeration not exclusive.
The enumeration in this Article or other portions of this Chapter of specific powers to regulate, restrict or prohibit acts, omissions, and conditions shall not be deemed to be exclusive or a limiting factor upon the general authority to adopt ordinances conferred on cities by G.S. 160A‑174.  Where there are multiple sources of authority to act, a city may freely elect to use any or all sources, either individually or in combination; provided that when a city makes such an election it shall specify which sources of authority are being employed and shall follow the procedures specified for each of those authorities elected."
SECTION 4.  G.S. 160A‑363 reads as rewritten:
"§ 160A‑363.  Supplemental powers.
(a)	A city or its designated planning agency 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 local government and its agencies, and any private and civic sources. Any city, or its designated planning agency with the concurrence of the council, may enter into and carry out contracts with the State and federal governments or any agencies thereof under which financial or other planning assistance is made available to the city and may agree to and comply with any reasonable conditions that are imposed upon such assistance.
(b)	Any city, or its designated planning agency with the concurrence of the council, may enter into and carry out contracts with any other city, county, or regional council or planning agency under which it agrees to furnish technical planning assistance to the other local government or planning agency. Any city, or its designated planning agency with the concurrence of its council, may enter into and carry out contracts with any other city, county, or regional council or planning agency under which it agrees to pay the other local government or planning agency for technical planning assistance.
(c)	Any city council is authorized to make any appropriations that may be necessary to carry out any activities or contracts authorized by this Article or to support, and compensate members of, any planning agency that it may create pursuant to this Article, and to levy taxes for these purposes as a necessary expense.
(d)	A city may elect to combine any of the ordinances authorized by law into a unified ordinance. Unless expressly provided otherwise, a city may apply any of the definitions and procedures authorized by law to any or all aspects of such a unified ordinance and may employ any organizational structure, board, commission, or staffing arrangement authorized by law to any or all aspects of such ordinance."
SECTION 5.  G.S. 153A‑4 reads as rewritten:
"§ 153A‑4.  Broad construction.
It is the policy of the General Assembly that the counties of this State should have adequate authority to exercise the powers, rights, duties, functions, privileges, and immunities conferred upon them by law. It is the intention of the General Assembly that the rule of strict construction known as Dillon's Rule shall not be applied to interpretations of the scope of the delegations of authority to counties. Rather all grants of authority to counties shall be broadly construed and grants of power shall be construed to include any additional and supplemental powers that are reasonably necessary or expedient to the exercise of the power. Provided, that the exercise of such additional or supplementary powers shall not be contrary to State or federal law or to the public policy of this State.
Except where specifically provided otherwise, in carrying out their delegated powers counties shall have the authority and flexibility to adopt reasonable definitions, procedures, rules, fee schedules, exceptions, and exemptions."
SECTION 6.  G.S. 153A‑121 reads as rewritten:
"Article 6.
"Delegation and Exercise of the General Police Power. 
"§ 153A‑121.  General ordinance‑making power.
(a)	A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and may define and abate nuisances.
(b)	This section does not authorize a county to regulate or control vehicular or pedestrian traffic on a street or highway under the control of the Board of Transportation, nor to regulate or control any right‑of‑way or right‑of‑passage belonging to a public utility, electric or telephone membership corporation, or public agency of the State. In addition, no county ordinance may regulate or control a highway right‑of‑way in a manner inconsistent with State law or an ordinance of the Board of Transportation.
(c)	This section does not impair the authority of local boards of health to adopt rules and regulations to protect and promote public health.
(d)	A county ordinance shall be consistent with the Constitution and laws of North Carolina and of the United States. An ordinance is not consistent with State or federal law when:
(1)	The ordinance infringes a liberty guaranteed to the people by the State or federal Constitution.
(2)	The ordinance makes unlawful an act, omission, or condition which is expressly made lawful by State or federal law.
(3)	The ordinance makes lawful an act, omission, or condition which is expressly made unlawful by State or federal law.
(4)	The ordinance purports to regulate a subject that counties are expressly forbidden to regulate by State or federal law.
(5)	The ordinance purports to regulate a field for which a State or federal statute expressly states a legislative intent to provide a complete and integrated regulatory scheme to the exclusion of local regulation.
(6)	The elements of an offense defined by a county ordinance are identical to the elements of an offense defined by State or federal law.
The fact that a State or federal law, standing alone, makes a given act, omission, or condition unlawful shall not preclude county ordinances requiring a higher standard of conduct or condition.
(e)	Within the meaning of this section, a 'county ordinance' includes a rule of a local board of health adopted pursuant to G.S. 130A-39."
SECTION 7.  G.S. 153A‑124 reads as rewritten:
"§ 153A‑124.  Enumeration not exclusive.
The enumeration in this Article or other portions of this Chapter of specific powers to define, regulate, prohibit, or abate acts, omissions, or conditions is not exclusive, nor is it a limit on the general authority to adopt ordinances conferred on counties by G.S. 153A‑121. Where there are multiple sources of authority to act, a county may freely elect to use any or all sources, either individually or in combination; provided that when a county makes such an election it shall specify which sources of authority are being employed and shall follow the procedures specified for each of those authorities elected."
SECTION 8.  G.S. 153A‑322 reads as rewritten:
"§ 153A‑322.  Supplemental powers.
(a)	A county or its designated planning agency may accept, receive, and disburse in furtherance of its functions funds, grants, and services made available by the federal government or its agencies, the State government or its agencies, any local government or its agencies, and private or civic sources. A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with the State or federal governments or any agencies of either under which financial or other planning assistance is made available to the county and may agree to and comply with any reasonable conditions that are imposed upon the assistance.
(b)	A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with any other county, city, regional council, or planning agency under which it agrees to furnish technical planning assistance to the other local government or planning agency. A county, or its designated planning agency with the concurrence of the board of commissioners, may enter into and carry out contracts with any other county, city, regional council, or planning agency under which it agrees to pay the other local government or planning agency for technical planning assistance.
(c)	A county may make any appropriations that may be necessary to carry out an activity or contract authorized by this Article, by Chapter 157A, or by Chapter 160A, Article 19 or to support, and compensate members of, any planning agency that it may create or designate pursuant to this Article.
(d)	A county may elect to combine any of the ordinances authorized by law into a unified ordinance. Unless expressly provided otherwise, a county may apply any of the definitions and procedures authorized by law to any or all aspects of such a unified ordinance and may employ any organizational structure, board, commission, or staffing arrangement authorized by law to any or all aspects of such ordinance."
SECTION 9.  G.S. 130A‑39 reads as rewritten:
"§ 130A‑39.  Powers and duties of a local board of health.
(a)	A local board of health shall have the responsibility to protect and promote the public health. The board shall have the authority to adopt rules necessary for that purpose.
(b)	A local board of health may adopt a more stringent rule in an area regulated by the Commission for Health Services or the Environmental Management Commission where, in the opinion of the local board of health, a more stringent rule is required to protect the public health; otherwise, the rules of the Commission for Health Services or the rules of the Environmental Management Commission shall prevail over local board of health rules. However, a local board of health may not adopt a rule concerning the grading, operating, and permitting of food and lodging facilities as listed in Part 6 of Article 8 of this Chapter and as defined in G.S. 130A‑247(1), and a local board of health may adopt rules concerning wastewater collection, treatment and disposal systems which are not designed to discharge effluent to the land surface or surface waters only in accordance with G.S. 130A‑335(c).
(b1)	If a local board of health finds that a proposed local rule is required to protect and promote the public health, the fact that the local health rule may also be based in part on nonhealth grounds shall not invalidate the rule as one that exceeds the rule-making authority of the local board of health. Provisions of a local health rule that exceed the rule-making authority of the local board of health may be judicially found to be separable in accordance with a separability clause contained in the rule.(c)	The rules of a local board of health shall apply to all municipalities within the local board's jurisdiction.
(d)	Not less than 10 days before the adoption, amendment or repeal of any local board of health rule, the proposed rule shall be made available at the office of each county clerk within the board's jurisdiction, and a notice shall be published in a newspaper having general circulation within the area of the board's jurisdiction. The notice shall contain a statement of the substance of the proposed rule or a description of the subjects and issues involved, the proposed effective date of the rule and a statement that copies of the proposed rule are available at the local health department. A local board of health rule shall become effective upon adoption unless a later effective date is specified in the rule.
(e)	Copies of all rules shall be filed with the secretary of the local board of health.
(f)	A local board of health may, in its rules, adopt by reference any code, standard, rule or regulation which has been adopted by any agency of this State, another state, any agency of the United States or by a generally recognized association. Copies of any material adopted by reference shall be filed with the rules.
(g)	A local board of health may impose a fee for services to be rendered by a local health department, except where the imposition of a fee is prohibited by statute or where an employee of the local health department is performing the services as an agent of the State. Notwithstanding any other provisions of law, a local board of health may impose cost‑related fees for services performed pursuant to Article 11 of this Chapter, "Wastewater Systems," for services performed pursuant to Part 10, Article 8 of this Chapter, "Public Swimming Pools", and for services performed pursuant to Part 11, Article 8 of this Chapter, "Tattooing". Fees shall be based upon a plan recommended by the local health director and approved by the local board of health and the appropriate county board or boards of commissioners. The fees collected under the authority of this subsection are to be deposited to the account of the local health department so that they may be expended for public health purposes in accordance with the provisions of the Local Government Budget and Fiscal Control Act."
SECTION 10.  This act is effective when it becomes law.