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STATE OF NORTH CAROLINA ' "" ··•· IN THRGENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF WAKE : zan Ci"T 13 p • 1..-
.
-- LI= � I
FILE NO.:

\'.'�!,. "''

GREG BUSCEMI, individually and on beha or: 11 · "· v -

other similarly situated citize�L.. re~s·i·-
taxpayers, and voters;

Plaintiff,

V.

PHIL BERGER, in his official capacity as the VERIFIED COMPLAINT

President Pro Tempore of the State Senate; FOR DECLARATORY &
TIM MOORE, in his official capacity as the Speaker INJUNCTIVE RELIEF
of the State House of Representatives; THE TOWN
OF WRIGHTSVILLE BEACH; THE TOWN OF Three-Judge Panel
CAROLINA BEACH; THE TOWN OF KURE N.C.G.S. § 1-267. l(al)
BEACH; THE CITY OF WILMINGTON; THE
TOWN OF ATLANTIC BEACH; THE TOWN OF
BEAUFORT; THE CITY OF RALEIGH, THE
TOWN OF CHAPEL HILL; and THE CITY OF
DURHAM;

Defendants.

NOW COMES the Plaintiff Greg Buscemi, individually and on behalf of all other

similarly situated citizens, residents, and taxpayers, against the Defendants, Phil Berger, in his

official capacity as President Pro Tern of the State Senate; Tim Moore, in his official capacity as

the Speaker of the State House of Representatives ("Legislative Defendants"); the Towns of

Wrightsville Beach, Carolina Beach, Kure Beach, Atlantic Beach, Beaufort, and Chapel Hill; and

the Cities of Wilmington, Raleigh, and Durham ("Municipal Defendants") (collectively the

"Defendants"), complaining as follows:

 INTRODUCTION

1. The North Carolina Constitution is the supreme law of the land. It contains the

:framework of our government and its provisions are mandatory and binding. If the General

Assembly enacts legislation contrary to its terms and conditions, those acts are void.

2. The main issue before this Court is the constitutionality of certain local acts passed

by the General Assembly exempting the above-named municipalities from the state's general

public laws that otherwise prohibit cities from using proceeds from on-street parking meters for

any purpose other than to defray the cost of enforcing and administering traffic and parking

ordinances and regulations.

3. These local modifications allow the Defendants to charge excessive fees for the use

of on-street parking meters and to use the proceeds for public purposes other than defraying the

cost of administering traffic and parking ordinances. As explained below, these local acts violate

the state constitution and must be declared void. Moreover, any money unlawfully exacted by the

Municipal Defendants under this unconstitutional scheme must be refunded to the people.

ACTION, JURISDICTION, AND VENUE

4. This is an action for declaratory, injunctive, and other appropriate relief from local

acts passed by the General Assembly exempting the above-named municipalities from the general

public law of the state that prohibits local governments from maintaining and operating an on-

street parking program for profit.

5. This Court has jurisdiction over this action pursuant to Articles 26 and 26A of

Chapter 1 of the North Carolina General Statutes.

6. Venue is proper in this Court under §§ 1-81.l(a)(l) 1-267.l(al), l-267.l(b2), and

Rule 42(b)(4) of the North Carolina Rules of Civil Procedure.

 [3]

PARTIES

7. Plaintiff Greg Buscemi is a citizen and taxpayer maintaining permanent residency

in the Town of Wrightsville Beach, New Hanover County, North Carolina.

8. Defendant Phil Berger is sued in his official capacity as the President Pro Tempore

1
of the North Carolina Senate pursuant to N.C. R. Civ. P. 19(d). On information and belief,

Defendant Berger is a resident of Rockingham County, NC.

9. Defendant Tim Moore is sued in his official capacity as the Speaker of the North

Carolina House of Representatives pursuant to N.C. R. Civ. P. 19(d). On information and belief,

Moore is a resident of Cleveland County, NC.

10. Defendant Town of Wrightsville Beach is a North Carolina municipal corporation

and body politic capable of suing and being sued, having, upon information and belief, no

governmental immunity to Plaintiffs claims or otherwise having waived any immunity to

Plaintiff's claims.

11. Defendant Town of Carolina Beach is a North Carolina municipal corporation and

body politic capable of suing and being sued, having, upon information and belief, no

governmental immunity to Plaintiffs claims or otherwise having waived any immunity to

Plaintiffs claims.

12. Defendant Town of Kure Beach is a North Carolina municipal corporation and

body politic capable of suing and being sued, having, upon information and belief, no

governmental immunity to Plaintift's claims or otherwise having waived any immunity to

Plaintiffs claims.

1
Rule 19(d) requires that the Speaker of the House and the President Pro Ternpore of the Senate,
as agents of the State through the General Assembly, must be joined as defendants in any civil action
challenging the validity of a state statute or provision of the state constitution under State or federal law.
 [4]

13. Defendant City of Wilmington is a North Carolina municipal corporation and body

politic capable of suing and being sued, having, upon information and belief, no governmental

immunity to Plaintiffs claims.

14. Defendant Town of Atlantic Beach is a North Carolina municipal corporation and

body politic capable of suing and being sued, having, upon information and belief, no

governmental immunity to Plaintiffs claims or otherwise having waived any immunity to

Plaintiffs claims.

15. Defendant Town of Beaufort is a North Carolina municipal corporation and body

politic capable of suing and being sued, having, upon information and belief, no governmental

immunity to Plaintiffs claims or otherwise having waived any immunity to Plaintiffs claims.

16. Defendant City of Raleigh is a North Carolina municipal corporation and body

politic capable of suing and being sued, having, upon information and belief, no governmental

immunity to Plaintiffs claims or otherwise having waived any immunity to Plaintiffs claims.

17. Defendant Town of Chapel Hill is a North Carolina municipal corporation and body

politic capable of suing and being sued, having, upon information and belief, no governmental

immunity to Plaintiffs claims or otherwise having waived any immunity to Plaintiffs claims.

18. Defendant City of Durham is a North Carolina municipal corporation and body

politic capable of suing and being sued, having, upon information and belief, no governmental

immunity to Plaintiffs claims or otherwise having waived any immunity to Plaintiffs claims.

FACTS

19. The Town of Wrightsville Beach ("WB") collects millions of dollars each year

through its proprietary operation and maintenance of an illegal public parking scheme, the profits

of which are deposited directly into its general revenue fund. By imposing increasingly excessive
 [5]

fees, rates, and fines on people and families desiring access to our state's public trust waters and

beaches, WB has consistently been able to generate parking profits that account for nearly half of

its annual operating budget.

20. WB relies heavily on parking revenues to maintain a property tax rate of $0.1275

per $100 of assessed valuation, the lowest of any municipality in the county by more than half.

Carolina Beach has the second lowest rate ($0.2250), followed by Kure Beach ($0.3300), and

Wilmington ($0.4984). The same is true in comparison to other area beach towns including Surf

City ($0.4100), Topsail Beach ($0.3125), and Bald Head Island ($0.6863).

21. The estimated property tax valuation of Wrightsville Beach exceeds $2.6 billion,

with a median property value of nearly $760,000. A rate increase of just 0.05% would provide at

least $1.3 million in additional revenue, an average annual increase of only $380 per property-

less than $1.05 per day.

22. Instead, WB charges visitors parking rates of $5/hour or $20/day. The rates are the

same for both on-street metered spaces and off-street parking lots.

23. Defendants do not own the ocean.

24. Defendants do not own the beach.

25. Defendants do not own the intracoastal waterways.

26. Defendants do not own the public streets.

27. Upon information and belief, and despite past experience and indications to the

contrary, Defendants do not own the Courts.

28. North Carolina's public lands, roads, and waterways belong to the People.

29. North Carolina's public trust rights are well established and codified into state law:

The public having made frequent, uninterrupted, and unobstructed

use of the full width and breadth of the ocean beaches of this State
from time immemorial, this section shall not be construed to impair
 [6]

the right of the people to the customary free use and enjoyment of
the ocean beaches, which rights remain reserved to the people ofthis
State under the common law and are a part of the common heritage
of the State recognized by Article XIV, Section 5 ofthe Constitution
ofNorth Carolina. These public trust rights in the ocean beaches are
established in the common law as interpreted and applied by the
courts of this State.

N.C. Gen. Stat.§ 77-20(d).

30. Article XIV, Sec. 5 of the state constitution provides:

It shall be the policy of this State to conserve and protect its lands
and waters for the benefit of all its citizenry, and to this end it shall
be a proper :function of the State of North Carolina and its political
subdivisions to acquire and preserve park, recreational, and scenic
areas, to control and limit the pollution of our air and water, to
control excessive noise, and in every other appropriate way to
preserve as a part of the common heritage of this State its forests,
wetlands, estuaries, beaches, historical sites, openlands, and places
ofbeauty.

art. XIV, § 5.

31. The State is responsible for maintaining public roads, streets, and highways.

32. The General Assembly may pass general laws authorizing cities to regulate or

maintain public roadways. Accordingly, the general public law of this state provides that: "A city

may by ordinance prohibit, regulate, divert, control, and limit pedestrian or vehicular traffic upon

the public streets, sidewalks, alleys, and bridges of the city." N.C. Gen. Stat.§ 160A-300.

33. The general public law allows cities to regulate on vehicular traffic using on-street

parking meters and/or by using off-street parking lots, garages, and other facilities:

§ 160A-301. Parking.
(a) On-Street Parking. -- A city may by ordinance regulate,
restrict, and prohibit the parking of vehicles on the public streets,
alleys, and bridges within the city. When parking is permitted for a
specified period of time at a particular location, a city may install a
parking meter at that location and require any person parking a
vehicle therein to place the meter in operation for the entire time that
the vehicle remains in that location, up to the maximum time
allowed for parking there. Parking meters may be activated by coins,
 [7]

tokens, cash, credit cards, debit cards, or electronic means. Proceeds

from the use ofparking meters on public streets must be used to
defray the cost ofenforcing and administering traffic andparking
ordinances and regulations.

(b) Off-Street Parking. -- A city may by ordinance regulate the

use of lots, garages, or other facilities owned or leased by the city
and designated for use by the public as parking facilities. The city
may impose fees and charges for the use of these facilities, and may
provide for the collection of these fees and charges through parking
meters, attendants, automatic gates, or any other feasible means. The
city may make it unlawful to park any vehicle in an off-street
parking facility without paying the established fee or charge and
may ordain other regulations pertaining to the use of such facilities.

Revenues realizedfrom off-streetparkingfacilities may bepledged

to amortize bonds issued to finance such facilities, or usedfor any
otherpublic purpose.
(c) Nothing contained in Public Laws 192 1, Chapter 2, Section 29,2
or Public Laws 1937, Chapter 407, Section 61, 3 shall be construed
2
Fees to Cover Licenses, etc. :
Sec 29. The foregoing fees shall be paid to the Secretary of State at the time of issuance of
said registration certificates, permits. or licenses. They shall include all costs of
registration, issuance ofpermits. licenses, and certificates, and the furnishing ofregistration
plates, and shall be in lieu of all other State or local taxes (except ad valorem), registration,
or license fees, privilege taxes, or other charges: Provided, however, a county, city, or town
may charge a license or registration fee on motor vehicles in the sum of one dollar ($ 1) per
annum: Providedfurther, that no county, city, or town shall charge or collect an additional
fee for the privilege of operating a motor vehicle, either as chauffeur's or driver's license:
Provided, nothing herein shall prevent the governing authorities of any city from
regulating, licensing, controlling of chauffeurs and drivers of any such car or vehicle, and
charging a reasonable fee: Providedfurther, that any city or town may charge a license not
to exceed fifty dollars ($50) for any motor vehicle used in transporting persons or property
for hire in lien of all other charges, fees, and licenses now charged.
P.L. 1921, Ch.2, Sec. 29.
3
Sec. 61. Taxes Compensatory.
(a) That all taxes levied under the provisions of this Act are intended as compensatory
taxes for the use and privileges of the public highways of this State, and shall be paid by
the commissioner to the State Treasurer, to be credited by him to the State Highway Fund;
and no county or municipality shall levy any license or privilege tax upon the use of any
motor vehicle licensed by the State of North Carolina, except that cities and towns may
levy not more than one dollar ($ 1 .00) per year upon any such vehicle resident therein.
(b) That no additional franchise tax, license tax, or other fee shall be imposed by the
State against any franchise motor vehicle carrier taxed under this Act nor shall any county,
city or town impose a franchise tax or other fee upon them.
(c) In addition to the appropriation carried in the Appropriations Act there shall be
appropriated to the Motor Vehicle Bureau the additional sum of fifteen thousand dollars
 [8]

to affect the validity of a parking meter ordinance or the revenues

realized therefrom.

(d) The governing body of any city may, by ordinance, regulate the
stopping, standing, or parking of vehicles in specified areas of any
parking areas or driveways of a hospital, shopping center, apartment
house, condominium complex, or commercial office complex, or
any other privately owned public vehicular area, or prohibit such
stopping, standing, or parking during any specified hours, provided
the owner or person in general charge of the operation and control
of that area requests in writing that such an ordinance be adopted.
The owner of a vehicle parked in violation of an ordinance adopted
pursuant to this subsection shall be deemed to have appointed any
appropriate law-enforcement officer as his agent for the purpose of
arranging for the transportation and safe storage of such vehicle.

(e) The registered owner of a vehicle that has been leased or rented
to another person or company shall not be liable for a violation of
an ordinance adopted pursuant to this section if, after receiving
notification of the civil violation within 90 days of the date of
occurrence, the owner, within 30 days thereafter, files with the
officials or agents of the municipality an affidavit including the
name and address of the person or company that leased or rented the
vehicle. If notification is given to the owner of the vehicle after 90
days have elapsed from the date of the violation, the owner is not
required to provide the name and address of the lessee or renter, and
the owner shall not be held responsible for the violation.

G.S.§ 160A-301 (emphasis added).

34. The general public law expressly authorizes cities to acquire, regulate, and charge

for the use of the "off-street parking facilities" permitted under§ 160A-301(b):

§ 160A-302. Off-street parking facilities.

A city shall have authority to own, acquire, establish, regulate,
operate, and control off-street parking lots, parking garages, and
other facilities for parking motor vehicles, and to make a charge for
the use of such facilities. (1917, c. 136, subch. 5, s. 1; 1919, cc. 136,

($ 15,000.00 ) from the State Highway Fund: Provided, that such additional sum shall be
made available only in the event that the regular appropriation is insufficient and it shall
be determined by the Director of the Budget that such additional amount is necessary to
carry out the provisions of this Act.
P.L. 1937, Ch.407, Sec. 61.
 [9]

237; C.S., S. 2787; 1941, C. 153, SS. 1, 2; C. 272; 1947, C. 7; 1953, C.

17 1; 1965, C. 945; 1971, C. 698, S. 1.)
G.S. § 160A-302.

35. The term "public enterprise," as defined by the general public law, specifically

includes "off-street parking facilities and systems." § 160A-311.

36. The General Assembly enacted local modifications to§ 160A-301 exempting the

Municipal Defendants from the general public law that prohibits local governments from profiting

from on-street parking proceeds. These local acts-which expressly allow on-street parking meters

to be activated for profit and permit the proceeds generated from on-street parking meters to be

used for public purposes beyond defraying the costs of enforcing parking ordinances-apply only

to the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington,

S.L. 1998-86, as amended by S.L. 2001-9, the City of Raleigh and the Town of Chapel Hill, S.L.

2009-164, the Towns of Atlantic Beach and Beaufort, S.L. 2011-79, and the City of Durham,

S.L. 2014-34. True and accurate copies of the session laws are attached as Exhibits 1 through 5

and are fully incorporated herein by reference.

37. Session Law 1998-86 (S.L. 1998-86) was enacted as a local modification to

G.S.§ 160A-301 for the purpose of exempting Defendant Town of Wrightsville Beach from the

general public law enforced in all other municipalities throughout the state, the legislative intent

and amendatory language set forth as follows:

AN ACT TO ALLOW CERTAIN MUNICIPALITIES IN NEW

HANOVER COUNTY TO USE PROCEEDS FROM ON-STREET
PARKING METERS IN THE SAME MANNER IN WHICH
PROCEEDS FROM OFF-STREET PARKING FACILITIES ARE
USED.

The General Assembly of North Carolina enacts:

Section 1. Notwithstanding G.S. 160A-301(a), a city may use the

proceeds from parking meters on public streets in the same manner
 [ 10 ]

in which proceeds from off-street parking facilities are permitted

under G.S. 160A-301(b).
Section 2. This act applies to the Town of Wrightsville Beach only.
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this
the 10th day of August, 1998.

S.L. 1998-86.

38. Allowing a city to use on-street parking proceeds "in the same manner in which

proceeds from off-street parking facilities are permitted" essentially nullifies subsection (a) of

§ 160A-301 by allowing a local government to profit from a purely governmental function-

regulating state-owned public streets-the revenues from which "may be pledged to amortize

bonds issued to finance such facilities, or usedfor any other public purpose."

39. The primary sponsor of S.L. 1998-86 was former New Hanover County Republican

State Representative Daniel McComas.

40. In 2001, S.L. 1998-86 was amended to include the remaining municipalities in New

Hanover County. Session Law 2001-9 (S.L. 2001-9) amended S.L. 1998-86 as follows:

SECTION 1. Section 2 of S.L. 1998-86 reads as rewritten:

"Section 2. This act applies to the Town of Wrightsville Reaeh
Beach, the Tow n of Carolina Beach, the Tow n of Kure Beach, and
the City of Wilmington only."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th
day of March, 2001.

S.L. 2001-9.

41. In 2009, the General Assembly enacted another local act with similar modifications

applicable only in the City of Raleigh and the Town of Chapel Hill. Session Law 2009-164

(S.L. 2009-164) modified§ 160A-301 with the stated legislative purpose as follows:

AN ACT TO ALLOW THE CITY OF RALEIGH AND THE

TOWN OF CHAPEL HILL TO ALLOW ACTIVATION OF
PARKING METERS BY CREDIT CARD OR OTHER
 [ 11 ]

ELECTRONIC MEANS AND TO USE PROCEEDS

COLLECTED FROM PARKING METERS FOR PARKING
PROGRAMS AND PROVIDING PARKING FACILITIES.

The General Assembly ofNorth Carolina enacts:

SECTION 1. G.S. 160A-301(a) reads as rewritten:

"(a) On-Street Parking. - A city may by ordinance regulate,
restrict, and prohibit the parking of vehicles on the public streets,
alleys, and bridges within the city. When parking is permitted for a
specified period of time at a particular location, a city may install a
parking meter at that location and require any person parking a
vehicle therein to place the meter in operation for the entire time that
the vehicle remains in that location, up to the maximum time
allowed for parking there. Parking meters may be activated by eeifls-
or tokens.coins, tokens, credit cards, or electronic means. A city may
establish parking zones within the city and ma y require a different
monetar y amount to activate the meter for different time periods
based upon the zone in which the meter is located. Proceeds from
the use of parking meters on public streets must be used to defray
the cost of enforcing and administering traffic and parking
ordinances and regulations.operating the parking program or
providing parking facilities."
SECTION 2. This act applies to the City of Raleigh and the
Town of Chapel Hill only.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this
the 25th day of June, 2009.

S.L. 2009- 164.

42. In 201 1, the General Assembly enacted another local act with similar modifications

applicable only in the Towns of Atlantic Beach and Beaufort in Carteret County. Session Law

20 1 1-79 (S.L. 20 1 1-79) modified § 160A-3 0 1 with the stated legislative purpose as follows:

AN ACT EXPANDING THE PURPOSES FOR WHICH THE

TOWNS OF ATLANTIC BEACH AND BEAUFORT MAY USE
THE PROCEEDS FROM ON-STREET PARKING METERS,
AND PROVIDING THAT PARKING METERS IN THE TOWNS
MAY BE ACTIVATED BY COMMERCIALLY AVAILABLE
MEANS OF PREPAYMENT CREDIT.

The General Assembly of North Carolina enacts:

 [ 12]

SECTION 1. G.S. 160A-30 1(a) reads as rewritten:

"§ 160A-301. Parking.
(a) On-Street Parking. - A city may by ordinance
regulate, restrict, and prohibit the parking of vehicles on the public
streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a
city may install a parking meter at that location and require any
person parking a vehicle therein to place the meter in operation for
the entire time that the vehicle remains in that location, up to the
maximum time allowed for parking there Parking meters may be
activated by coins or tokens coins, tokens, or any other
commercially available means of providing prepayment credit.
Proceeds from the use ofparking meters on public streets mtIBt may
be used to defray the cost of enforcing and administering traffic and
parking ordinances and regulations.regulations and ma y be used in
the same manner in which proceeds from off-street parking facilities
are permitted under subsection (b) of this section."
SECTION 2. This act applies to the Towns of Atlantic
Beach and Beaufort only.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this
the 18th day of May, 2011.

S.L. 2011-79.

43. Session Law 2014-34 (S.L. 2014-34) was enacted as a local modification to

G.S. § 160A-301 applicable only in the City of Durham. The legislative intent and amendatory

language set forth as follows :

AN ACT AUTHORIZING THE CITY OF DURHAM TO ALLOW

PAYMENT FOR ON-STREET PARKING BY VARIOUS
MEANS AND TO USE PROCEEDS FROM ON-STREET
PARKING FOR PARKING PROGRAMS AND PROVIDING
PARKING FACILITIES.

The General Assembly of North Carolina enacts:

SECTION 1. G.S . 160A-30 1 reads as rewritten:

"§ 160A-301. Parking.
(a) On-Street Parking. - A city may by ordinance
regulate, restrict, and prohibit the parking of vehicles on the public
streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a
city may install a parking meter at that location and require any
 [ 13]

person parking a vehicle therein to place the meter in operation 12.§:Y

a fee for the entire time that the vehicle remains in that location, up
to the maximum time allowed for parking there. Parking meters may
be activated by coins or tokens. The cit y may require that payment
for vehicle parking be made by a means of payment specified by the
city, including coins, currency, tokens, credit cards, or electronic
means. Proceeds from the use of parking meters or devices for
parking on public streets must be used to defray the cost of enforcing
and administering traffic and parking ordinances and
regulations.operating the city's parking program or providing
park ing facilities.
,,
SECTION 2. This act applies to the City of Durham only.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this
the 26th day of June, 2014.

S.L. 2014-34.

44. Session Law 201 5-226 (S.L. 20 15-226) modified public law G.S. § 1 60A-301, the

legislative intent and amendatory language as follows:

AN ACT AUTHORIZING CITIES TO ALLOW ACTIVATION

OF PARKING METERS BY COINS, TOKENS, CASH, CREDIT
CARDS, DEBIT CARDS, OR OTHER ELECTRONIC MEANS.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 160A-301 reads as rewritten:

"§ 160A-301. Parking.

(a) On-Street Parking. - A city may by ordinance
regulate, restrict, and prohibit the parking of vehicles on the public
streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a
city may install a parking meter at that location and require any
person parking a vehicle therein to place the meter in operation for
the entire time that the vehicle remains in that location, up to the
maximum time allowed for parking there. Parking meters may be
activated by coins or tokens coins, tokens, cash, credit cards, debit
cards, or electronic means. Proceeds from the use of parking meters
on public streets must be used to defray the cost of enforcing and
administering traffic and parking ordinances and regulations.
"
 [ 14]

SECTION 2. This act shall not be construed to repeal or

otherwise limit the authority to activate parking meters and use
proceeds from parking meters granted to the Towns of Wrightsville
Beach, Carolina Beach, Kure Beach, and the City of Wilmington in
S.L. 1998-86, as amended by S.L. 2001-9, the City of Raleigh and
the Town of Chapel Hill in S.L. 2009-164, the Towns of Atlantic
Beach and Beaufort in S.L. 20 11-79, and the City ofDurham in S.L.
20 14-34.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this
the 19th day of August, 2015.

S.L. 2015-226.

45. A municipal corporation is dual in character and exercises two classes of powers--

governmental and proprietary. It has a two-fold existence--one as a governmental agency, the other

as a private corporation.

46. Any activity of the municipality which is discretionary, political, legislative, or

public in nature and performed for the public good in behalfofthe State rather than for itselfcomes

within the class ofgovernmental functions.

47. When the activity of a municipality is commercial or chiefly for the private

advantage of the compact community, it is private or proprietary.

48. Municipalities perform a government function when operating an on-street parking

program subj ect to the revenue restrictions imposed by the general public law in§ 160A-3 0l(a).

49. . Municipalities are engaged in a propriety function when operating a

parking

program that charges fees to be collected for profit as a general revenue source.

50. The Municipal Defendants exercise proprietary functions when they maintain an

on-street parking program for profit as permitted by the local acts challenged in this action.

COUNT !
Violation of the Limits on Local Legislation Relating to Health, Sanitation, & Nuisances
N.C. Const., art. II, § 24(1)(a)

51. . Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.
 [ 15]

52. Individuals may seek to redress all constitutional violations, in keeping with the

":fundamental purpose" ofthe Declaration of Rights to "ensure that the violation of [constitutional]

rights is never permitted by anyone who might be invested under the Constitution with the powers

of the State." Corum, 330 N.C. at 782-83, 413 S.E.2d at 289-90; Craig v. New Hanover Cty. Bd.

ofEduc. , 363 N.C. 334, 3 42, 678 S.E.2d 351, 3 57 (2009).

53. "N.C. Const. art. II, § 24, which expressly forbids the general assembly from

enacting any local, private, or special act or resolution concerning 14 prohibited subj ects, N.C.

Const. art. II, § 24( 1), is the fundamental law ofNorth Carolina and may not be ignored." City of

Asheville v. State, 3 69 N.C. 80, 80, 794 S.E.2d 759, 762 (2016).

54. Specifically, Article II, Section 24 of the North Carolina Constitution provides:

(1) Prohibited subj ects. - The General Assembly shall not enact
any local, private, or special act or resolution:

(a) Relating to health, sanitation, and the abatement of

nuisances;

(c) Authorizing the laying out, opening, altering,

maintaining, or discontinuing of highways, streets, or alleys;

G) Regulating trade, labor, mining, or manufacturing;

(2) Repeals. Nor shall the General Assembly enact any such local,
private, or special act by the partial repeal of a general law; but the
General Assembly may at any time repeal local, private, or special
laws enacted by it.
(3) Prohibited acts void. - Any local, private, or special act or
resolution enacted in violation ofthe provisions of this Section shall
be void.

N.C. Const. art. II, § 24(1)(a), (3).

55. It is well-established that: "Special laws are those made for individual cases, local

laws are special as to place." McIntyre v. Clarkson, 254 N.C. 510, 119 S.E.2d 888, 893 (1 961)

(citing Mills v. Board of Commissioners, 175 N.C. 21 5, 218, 95 S.E. 48 1). "A local act is one
 [ 16]

operating only in a limited territory or specified locality." Id. "A private law is one which is

confined to particular individuals, associations or corporations." Id.

5 6. S.L. 1998-86, as amended by S.L. 2001-9, S.L. 2009- 164, S.L. 2011-79, and

S.L. 2014-34 are local acts.

57. S.L. 1998-86, as amended by S.L. 2001-9, S.L. 2009- 164, S.L. 2011-79, and

S.L. 2014-34 relate to health, safety, and the abatement of nuisances.

58. S.L. 1998-86, as amended by S.L. 2001-9, S.L. 2009- 1 64, S.L. 2011-79, and S.L.

2014-34 are local acts concerning the prohibited subjects identified in subsections (a), (c), and/or

G) of art. II, §24(1) and, therefore, were enacted in violation of the state constitution.

59. Pursuant to Article II, § 24(3) of the North Carolina Constitution, S.L. 1998-86, as

amended by S.L. 2001-9, S.L. 2009-164, S.L. 201 1-79, and S.L. 2014-34 are void.

60. Plaintiff and all others similarly situated have suffered and will continue to suffer

constitutional injuries unless Defendants are enjoined from enforcing ordinances that permit the

for-profit operation of on-street parking meters.

COUNT II
Violation of the Limits on Local Legislation Authorizing the Laying Out, Opening,
Altering, Maintaining, or Discontinuing of Highways, Streets, or Alleys
N.C. Const., art. II, § 24(1)(c)

1. Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.

2. Article II, sec. 24 of the state constitution prohibits the General Assembly from

enacting local legislation "[a]uthorizing the laying out, opening, altering, maintaining, or

discontinuing of highways, streets, or alleys." art. II,§ 24(1)(c)

3. S.L. 1998-86, as amended by S.L. 200 1-9, S.L. 2009-164, S.L. 2011-79, and

S.L. 2014-34 authorize the laying out, opening, altering, maintaining, or discontinuing of

highways, streets, or alleys.

 [ 17]

4. S.L. 1998-86, as amended by S.L. 2001-9, S.L. 2009-164, S.L. 20 11-79, and S.L.

2014-34 are local acts concerning the prohibited subjects identified in subsection (c) of art. II,

§24(1) and, therefore, were enacted in violation of the state constitution.

5. Therefore, pursuant to Article II, § 24(3) of the North Carolina Constitution, S.L. 1998-

86, as amended by S.L. 2001-9, S.L. 2009- 164, S.L. 2011-79, and S.L. 2014-34 are void.

COUNT III
Violation of the Limits on Local Legislation Regulating Trade, Labor, Mining, or
Manufacturing
N.C. Const., art. II, § 24(1)(j)

1. Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.

Article II, sec. 24 of the state constitution prohibits the General Assembly from

enacting local legislation "[r]egulating trade, labor, mining, or manufacturing." art. II,§ 24( 1)G).

3. The North Carolina Supreme Court adopted the definition of to "regulate" as "'to

govern or direct according to rule; ... to bring under the control of law or constituted authority."'

State v. Gulledge, 208 N.C. 204, 208, 179 S.E. 883, 886 ( 1935) (quoting Webster's New

International Dictionary 2099 (2d ed. 1935)), quoted in Cheape v. Town of Chapel Hill, 320 N.C.

549, 559, 359 S.E.2d 792, 798 ( 1987).

4. "Labor" has been defined as "compensated employment," State v. Chestnutt, 24 1

N.C. 401, 403, 85 S.E.2d 297, 299 ( 1955), and "trade" has been defined as "a business venture for

profit and includes any employment or business embarked in for gain or profit," High Point

Surplus Co. v. Pleasants, 264 N.C. at 65 5-56, 142 S.E.2d at 702.

5. S.L. 1998-86, as amended by S.L. 2001 -9, S.L. 2009- 164, S.L. 2011-79, and

S.L. 2014-34 regulate trade, labor, mining, or manufacturing.

 [ 18]

6. S.L. 1 998-86, as amended by S.L. 2001 -9, S.L. 2009- 1 64, S.L. 201 1 -79, and S.L.

2014-34 are local acts concerning the prohibited subjects identified in subsection G) of art. II,

§24(1) and, therefore, were enacted in violation of the state constitution.

7. Pursuant to Article II, § 24(3) of the North Carolina Constitution, S.L. 1998-86, as

amended by S.L. 2001-9, S.L. 2009-1 64, S.L. 201 1-79, and S.L. 20 14-34 are void.

COUNT IV
Violation of the Exclusive Emoluments Clause
N.C. Const., art. I, § 32

6. Plaintiffs hereby incorporate all other paragraphs as if fully set forth herein.

7. The state constitution provides: "No person or set ofpersons is entitled to exclusive

or separate emoluments or privileges from the community but in consideration of public services."

N.C. Const., art. I, § 32.

8. The local session laws challenged herein entitle the Municipal Defendants to

exclusive or separate emoluments or privileges from the community without any consideration of

public services.

Therefore, S.L. 1998-86, as amended by S.L. 2001 -9, S.L. 2009- 164, S.L. 20 1 1-79,

and S.L. 2014-34 must be declared void.

COUNT V
Violation of the Public Purpose Clause
N.C. Const., art. V, § 2

1. Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.

2. "The power of taxation shall be exercised in a just and equitable manner, for public

purposes only, and shall never be surrendered, suspended, or contracted away." N.C. Const., art.

V,§ 2.

3. A municipal corporation cannot, even with express legislative sanction, engage in

any private enterprise or assume any function which is not in a legal sense public in nature, the
 [ 19]

word "private" as used in opinions discussing the powers of a municipality being used to designate

proprietary, as distinguished from governmental, :functions. Mitchell v. N C. Indus. Dev. Fin. Auth.,

273 N.C. 1 37, 1 59 S.E.2d 745 ( 1968) (quoting Britt v. Wilmington, 236 N.C. 446, 450 (1952)).

4. "The revenue derived from the on-street parking facilities is exacted in the

performance of a governmental function. It must be set apart and used for a specific purpose. By

whatever name called, it is in the nature of a tax." Britt v. City of Wilmingto n, 236 N.C. 446, 452,

73 S.E.2d 289, 294 (1952).

5. S.L. 1998-86, as amended by S.L. 200 1-9, S.L. 2009-164, S.L. 201 1-79, and

S.L. 2014-34 allow the Municipal Defendants to exercise the power of taxation for private

purposes. These local acts violate the Public Purposes Clause and must be declared void.

COUNT VI
Unfair and Deceptive Trade Practices
N.C. Gen. Stat. § 75.1-1 et seq.
(Defendant Town of Wrightsville Beach)

6. Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.

7. At all times relevant to the facts and circumstances giving rise to this action,

Defendant WB was engaged in activities affecting commerce. The actions of Defendant WB as

alleged herein were acts affecting commerce within the meaning of Chapter 75 of the North

Carolina General Statutes.

8. The actions of Defendant WB as alleged herein constitute unfair and deceptive acts

or practices in violation of N.C. Gen. Stat.§§ 75-1 .1.

9. As a direct and proximate result of the Defendants' unfair and deceptive trade

practices, Plaintiff and those similarly situated have been damaged, and continue to suffer

additional damages, in an amount in excess of $25,000.00, the exact amount to be shown at trial.

10. Pursuant to N.C.G.S. § 75- 16, Plaintiffis entitled to treble compensatory damages.
 [20]

11. Pursuant to N.C.G.S. § 75-16.1, Plaintiff is entitled to an award of reasonable

attorney's fees.

COUNT VII
Violation of N.C.G.S. § 14-4
(Defendant Town of Wrightsville Beach)

1. Plaintiffhereby incorporates all other paragraphs as if fully set forth herein.

2. Defendant WB has established a process for defending and appealing parking

citations that fails to provide minimum constitutional protections as required by law.

3. North Carolina state law specifically provides:

§ 14-4. Violation of local ordinances misdemeanor.

(a) Except as provided in subsection (b), if any person shall
violate an ordinance of a county, city, town, or metropolitan
sewerage district created under Article 5 of Chapter 162A, he shall
be guilty ofa Class 3 misdemeanor and shall be fined not more than
five hundred dollars ($500.00). No fine shall exceed fifty dollars
($50.00) unless the ordinance expressly states that the maximum
fine is greater than fifty dollars ($ 50.00).
(b) If any person shall violate an ordinance of a county, city, or
town regulating the operation or parking of vehicles, he shall be
responsible for an infraction and shall be required to pay a penalty
ofnot more than fift y dollars ($50.00). ( 1871-2, c. 195, s. 2; Code,
s. 3820; Rev., s. 3702; C.S., s. 4174; 1969, c. 36, s. 2; 1985, c. 764,
s. 2; 1985 (Reg. Sess., 1986), c. 8 52, s. 17; 1991, c. 415, s. 1; c. 446,
s. 1; 1993, c. 538, s. 8; c. 539, s. 9; 1994, Ex. Sess., c. 24, ss. 14(b),
14(c); 1995, C. 509, S. 133.1.)
N. C. Gen. Stat. § 14-4 (emphasis added).

1. "Infraction" is defined under N.C. Gen. Stat. § 14-3 .1 :

§ 14-3.1. Infraction defined; sanctions.
(a) An infraction is a noncriminal violation of law not punishable by
imprisonment. Unless otherwise provided by law, the sanction for a
person found responsible for an infraction is a penalty of not more
than one hundred dollars ($100. 00). The proceeds of penalties for
 [21]

infractions are payable to the county in which the infraction

occurred for the use of the public schools.
(b) The procedure for disposition of infractions is as provided in
Article 66 of Chapter 15A of the General Statutes. (1985, c. 764,
s. 1.)
G.S. § 14-3. 1

2. "A law enforcement officer may issue a citation for an infraction in accordance

with the provisions of G.S. 1 5A-302."

3. "A citation is a directive, issued by a law enforcement officer or other person

authorized by statute, that a person appear in court and answer a misdemeanor or infraction charge

or charges." § 15A-302(a).

4. "An officer may issue a citation to any person who he has probable cause to believe

has committed a misdemeanor or infraction." § 15A-302(b)

The citation must: ( 1) Identify the crime charged, including the date, and where

material, identify the property and other persons involved, (2) Contain the name and address of

the person cited, or other identification if that cannot be ascertained, (3) Identify the officer issuing

the citation, and (4) Cite the person to whom issued to appear in a designated court, at a designated

time and date. (c)

6. "When a citation is issued for a parking offense, a copy shall be delivered to the

operator of a vehicle who is present at the time of service, or shall be delivered to the registered

owner of the vehicle if the operator is not present by affixing a copy of the citation to the vehicle

in a conspicuous place.

"Except as provided in G.S. 7A-27l(d), original, exclusive jurisdiction for the

adjudication and disposition of infractions lies in the district court division."§ 7A-253 .
 [22]

8. Because Defendant WB has not established a process for defending and appealing

parking citations that accords with state law, any citations issued under its illegal scheme must be

declared void, and any unlawfully exacted fines and penalties must be returned.

COUNT VHI
Violation of the County School Fund Clause
N.C. Const., art. IX, § 7(a)
(Defendant Town of Wrightsville Beach)

9. Plaintiff hereby incorporates all other paragraphs as if fully set forth herein.

10. The state constitution's County School Fund Clause, art. IX, sec. 7(a), provides:

[A]ll moneys, stocks, bonds, and other property belonging to a

county school fund, and the clear proceeds of all penalties and
forfeitures and of all fines collected in the several counties for any
breach of the penal laws of the State, shall belong to and remain in
the several counties, and shall be faithfully appropriated and used
exclusively for maintaining free public schools.
art. IX, § 7(a).

11. WB imposes civil penalties for violations of its parking ordinances. The monetary

penalties collected from WB's enforcement of its parking program are not appropriated and used

for maintaining free public schools; instead, all revenue collected from the imposition of these

civil penalties is deposited directly into the town's general revenue fund.

12. The critical issue is whether the penalty mandated for violation of the statute is

imposed as punishment to deter noncompliance or to measure the damages accruing to an

individual or class of individuals resulting from the breach.

13 . WB ordinances explicitly provide that the violation of an ordinance "subjects the

offender to a civil penalty" which may be collected "by civil action in the nature of debt."

14. It is inescapable that the penalty imposed is to deter future violations and to extract

retribution :from the violator for illegally parking, failing to obtain a registration decal, or violating

some other traffic ordinance designed to regulate and monitor the flow of traffic.
 [23]

15. Defendant WB has failed appropriate the civil fines collected through its parking

enforcement for the exclusive use of maintaining free public schools in violation of our state

constitution's County School Fund Clause.

16. Therefore, any monetary fines and penalties unlawfully deposited into the town's

general revenue fund must be accounted for and reappropriated for the use by the New Hanover

County public school system.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment

in his favor and against Defendants, and:

1. Declare S.L. 1998-86, as amended by S.L. 2001-9, S.L. 2009- 164, S.L. 2011-79,

and, S.L. 2014-34 unconstitutional, void, and without effect;

2. Award preliminary and permanent injunctive relief enjoining the enforcement of

any municipal ordinances adopted under the purported authority of the local acts;

3. Award preliminary and permanent relief enjoining the Defendants from using the

proceeds collected from the use of parking meters on public streets for any purpose other than to

defray the cost of enforcing and administering traffic and parking ordinances and regulations;

4. Order the Defendants to undertake an accounting of all fees and penalties collected

from on-street parking meters, off-street parking lots/facilities, any other revenues received in

relation to parking management (e.g., daily/weekly visitor passes, residential passes, commercial

passes, etc.), and the costs incurred from their enforcement and administration of traffic and

parking ordinances and regulations;

5. Order the Defendants to ascertain their ability to identify persons and/or bank

accounts (via credit/debit card payments and the like) along with the amounts of any unlawfully
 [24]

collected fees collected therefrom for a determination of charges capable of being refunded with

any accrued interest;

6. Order the Defendants to issue refunds of any unlawfully collected fees, rates, and

penalties imposed under these unconstitutional acts;

7. Order the Defendants to account for all fines and penalties lawfully collected for

any breach of the penal laws of the State and require the clear proceeds of the monies collected by

the Defendants to be paid to their respective county finance officer to be placed into the Civil

Penalty and Forfeiture Fund in accordance with Article IX, section 7 of the state constitution.

8. That all costs of the actions, including Plaintiffs reasonable attorney's fees, be

taxed against Defendants;

9. For such other and further relief as the Court deems just and proper.

Respectfully submitted this the 13H day of October 2021.

Pro Se Plaintiff
4B Meier Street
Wrightsville Beach, NC 28480
T: (910) 477-3742
E: gbuscemi@wilmlaw.com
 GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997

SESSION LAW 1 998-86

HOUSE BILL 1596

AN ACT TO ALLOW THE TOWN OF WRIGHTSVILLE BEACH TO USE

PROCEEDS FROM ON-STREET PARKING METERS IN THE SAME MANNER
IN WHICH PROCEEDS FROM OFF-STREET PARKING FACILITIES ARE
USED.

The General Assembly of North Carolina enacts:

Section 1. Notwithstanding G. S. 160A-301 (a), a city may use the proceeds

from parking meters on public streets in the same manner in which proceeds from off-
street parking facilities are permitted under G.S. 1 60A-30l (b) .
Section 2. This act applies to the Town of Wrightsville Beach only.
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of
August, 1998.
s/ Dennis A. Wicker
President ofthe Senate

s/ Harold J. Brubaker
Speaker of the House of Representatives
 GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SESSION LAW 2001-9

HOUSE BILL 212

AN ACT TO ALLOW CERTAIN MUNICIPALITIES IN NEW HANOVER COUNTY

TO USE PROCEEDS FROM ON-STREET PARKING METERS IN THE SAME
MANNER IN WHICH PROCEEDS FROM OFF-STREET PARKING
FACILITIES ARE USED .
The General Assembly of North Carolina enacts:
SECTION 1. Section 2 of S.L. 1998-86 reads as rewritten:
"Section 2. This act applies to the Town of Wrightsville Beac h Beach, the Town of
Carolina Beach, the Town ofKure Beach, and the Cit y of Wilmington only."
SECTION 2. This act is effective when it becomes law. th
In the General Assembly read three times and ratified this the 28 day of
March, 2001 .

s/ Beverly E. Perdue
President of the Senate

s/ James B. Black
Speaker ofthe House of Representatives
 GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009

SESSION LAW 2009-164

SENATE BILL 453

AN ACT TO ALLOW THE CITY OF RALEIGH AND THE TOWN OF CHAPEL HILL TO
ALLOW ACTIVATION OF PARKING METERS BY CREDIT CARD OR OTHER
ELECTRONIC MEANS AND TO USE PROCEEDS COLLECTED FROM PARKING
METERS FOR PARKING PROGRAMS AND PROVIDING PARKING FACILITIES.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1 60A-30l (a) reads as rewritten:
" (a) On-Street Parking. - A city may by ordinance regulate, restrict, and prohibit the
par king of vehicles on the public streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a city may install a parking
meter at that location and require any person parking a vehicle therein to place the meter in
operation for the entire time that the vehicle remains in that location, up to the maximum time
allowed for parking there. Parking meters may be activated by coins or tokens.coins, tokens,
credit cards, or electronic means. A city may establish parking zones within the "cit y and may
require a different moneta r y amount to activate the meter for different time periods based upon
the zone in which the meter is located. Proceeds from the use of parking meters on public
streets must be used to defray the cost of enforcing and administering traffic and parking
ordinances and regulations.operating the parking program or providing parking facilities."
SECTION 2. This act applies to the City of Raleigh and the Town of Chapel Hill
only.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25 th day of June,
2009 .

s/ Walter H. Dalton
President of the Senate

s/ Joe Hackney
Speaker of the House of Representatives
 I I I I l �l l �l l l l l l l l l l
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
 GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011

SESSION LAW 2011-79

SENATE BILL 288

AN ACT EXPANDING THE PURPOSES FOR WHICH THE TOWNS OF ATLANTIC

BEACH AND BEAUFORT MAY USE THE PROCEEDS FROM ON-STREET
PARKING METERS, AND PROVIDING THAT PARKING METERS IN THE TOWNS
MAY BE ACTIVATED BY COMMERCIALLY AVAILABLE MEANS OF
PREPAYMENT CREDIT.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A-301(a) reads as rewritten:
"§ 160A-301. Parking.
(a) On-Street Parking. - A city may by ordinance regulate, restrict, and prohibit the
parking of vehicles on the public streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a city may install a parking
meter at that location and require any person parking a vehicle therein to place the meter in
operation for the entire time that the vehicle remains in that location, up to the maximum time
allowed for parking there. Parking meters may be activated by coins or tokens.coins, tokens, or
any other commercially available means of providing prepayment credit. Proceeds from the use
of parking meters on public streets mast-may be used to defray the cost of enforcing and
administering traffic and parking ordinances and regulations.regulations and may be used in the
same manner in which proceeds from off-street parking facilities are permitted under
subsection (b) of this section."
SECTION 2. This act applies to the Towns of Atlantic Beach and Beaufort only.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 18 th day of May,
201 1.

s/ Walter H. Dalton
President of the Senate

s/ Thom Tillis
Speaker of the House of Representatives
 1 1 1 !Il l l l l l l l l l l l l
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
 GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013

SESSION LAW 2014-34

SENATE BILL 870

AN ACT AUTHORIZING THE CITY OF DURHAM TO ALLOW PAYMENT FOR ON-

STREET PARKING BY VARIOUS MEANS AND TO USE PROCEEDS FROM ON-
STREET PARKING FOR PARKING PROGRAMS AND PROVIDING PARKING
FACILITIES.
The General Assembly of North Carolina enacts:

SECTION 1. G.S. 1 60A-301 reads as rewritten:

"§ 160A-301. Parking.
(a) On-Street Parking. - A city may by ordinance regulate, restrict, and prohibit the
parking of vehicles on the public streets, alleys, and bridges within the city. When parking is
permitted for a specified period of time at a particular location, a city may insta l l a parking
meter at that location and require any person parking a vehicle therein to place the meter in
operation pay a fee for the entire time that the vehicle remains in that location, up to the
maximum time allowed for parking there. Parking meters may be activated by coins or tokens.
The city may require that payment for vehicle parking be made by a means of payment
specified by the city, including coins, currency, tokens, credit cards, or electronic means.
Proceeds from the use of parking meters or devices for parking on public streets must be used
to defray the cost of enforcing and administering traffic and parking ordinances and
regulations.operating the city's parking progra m or providing parking facilities.
II

SECTION 2. This act applies to the City of Durham only.

SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26 th day of June,
2014.

s/ Philip E. Berger
President Pro Tempore of the Senate

s/ Thom Tillis
Speaker of the House of Representatives
 1 111 1 1 H 11 1 1
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013