GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 5
SENATE BILL 10
Rules and
Operations of the Senate Committee Substitute Adopted 2/5/13
Third Edition Engrossed 2/6/13
House Committee Substitute Favorable 2/27/13
House Committee Substitute #2 Favorable 2/28/13
Short Title: Government Reorganization and Efficiency Act. |
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Sponsors: |
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Referred to: |
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January 31, 2013
A BILL TO BE ENTITLED
AN ACT establishing the government reduction and efficiency act of 2013.
The General Assembly of North Carolina enacts:
PART I. ELIMINATION OF CERTAIN STATE BOARDS AND COMMISSIONS THAT HAVE NOT MET RECENTLY, ARE DUPLICATIVE, OR ARE NOT DEEMED CRITICAL to government operations
lottery oversight commission
SECTION 1.1.(a) G.S. 18C-172 is repealed.
SECTION 1.1.(b) G.S. 18C-115 reads as rewritten:
"§ 18C-115. Reports.
The Commission shall send quarterly and annual reports on the
operations of the Commission to the Governor, State Treasurer, the Lottery
Oversight Committee, and to the General Assembly. The reports shall include
complete statements of lottery revenues, prize disbursements, expenses, net
revenues, and all other financial transactions involving lottery funds,
including the occurrence of any audit."
small business contractor authority
SECTION 1.2. Part 20 of Article 10 of Chapter 143B of the General Statutes, G.S. 143B-472.100 through G.S. 143B-472.112, is repealed.
committee on dropout prevention
SECTION 1.3. Article 6B of Chapter 115C of the General Statutes, G.S. 115C-64.6 through G.S. 115C-64.9, is repealed.
state education commission established in chapter 116c of the general statutes
SECTION 1.4.(a) G.S. 116C-1 reads as rewritten:
"§ 116C-1. Education Cabinet created.
…
(c) The Education Cabinet shall be a nonvoting body that:
(1) Works to resolve issues between existing providers of education.
(2) Sets
the agenda for the State Education Commission.
(3) Develops a strategic design for a continuum of education programs, in accordance with G.S. 116C-3.
(4) Studies other issues referred to it by the Governor or the General Assembly.
…."
SECTION 1.4.(b) G.S. 116C-2 is repealed.
state education commission established in article 26 of chapter 143 of the general statutes
SECTION 1.5. Article 26 of Chapter 143 of the General Statutes, G.S. 143-261 through G.S. 143-266, is repealed.
national heritage area designation commission
SECTION 1.6. Section 18.10 of S.L. 2001-491 reads as rewritten:
"SECTION 18.10. Notwithstanding G.S. 158-8.1, the Western North Carolina Regional Economic Development Commission shall develop a regional heritage tourism plan and shall present the plan to the 2002 Regular Session of the 2001 General Assembly no later than May 1, 2002. The National Heritage Area Designation Commission created pursuant to Section 18.4 of this act shall terminate July 1, 2013."
governor's management council
SECTION 1.7. Part 24 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B-426.22, is repealed.
center for nursing
SECTION 1.8. G.S. 90-171.71 and G.S. 90-171.72 are repealed.
board of correction
SECTION 1.9.(a) G.S. 143B-711 reads as rewritten:
"§ 143B-711. Division of Adult Correction of the Department of Public Safety - organization.
The Division of Adult Correction of the Department of Public
Safety shall be organized initially to include the Post-Release Supervision and
Parole Commission, the Board of Correction,the Section of Prisons of the
Division of Adult Correction, the Section of Community Corrections, the Section
of Alcoholism and Chemical Dependency Treatment Programs, and such other
divisions as may be established under the provisions of the Executive
Organization Act of 1973."
SECTION 1.9.(b) G.S. 143B-715 is repealed.
Board of Public Telecommunications Commissioners of the North carolina agency for public telecommunications
SECTION 1.10.(a) Part 22 of Article 9 of Chapter 143B of the General Statutes is repealed.
SECTION 1.10.(b) G.S. 120-123(4) is repealed.
Board of Directors of the Certification Entity for the Phase II Settlement Funds
SECTION 1.11. Board of Directors of the Certification Entity for Phase II Settlement Funds, established pursuant to S.L. 1999-333, is abolished.
ELIMINATION OF CERTAIN STATE BOARDS, COMMITTEES, AND COMMISSIONS THAT HAVE MET STATUTORY REQUIREMENTS
SECTION 1.12. The following Session Laws are repealed:
(1) Section 26 of S.L. 2010-169, which established the Public Funding of Council of State Elections Commission.
(2) Section 11 of S.L. 2005-442, as amended by S.L. 2006-73, S.L. 2008-81, S.L. 2009-306, and S.L. 2011-266, which established the Legislative Commission on Global Climate Change.
(3) S.L. 2011-301, which established the Arts Education Commission.
north carolina sustainable local food advisory council
SECTION 1.13.(a) Section 4 of S.L. 2009-530, as rewritten by S.L. 2012-75, reads as rewritten:
"SECTION 4. This act is effective when it becomes
law and shall expire on July 31, 2015.July 1, 2013."
SECTION 1.13.(b) The Department of Agriculture and North Carolina's land grant universities shall continue to collaborate on promoting local food production and consumption in North Carolina.
PART II. REORGANIZATION OF VARIOUS BOARDS AND COMMISSIONS
Coastal Resources Commission
SECTION 2.1.(a) G.S. 113A-104 reads as rewritten:
"§ 113A-104. Coastal Resources Commission.
(a) Established. - The General Assembly hereby establishes within the Department of Environment and Natural Resources a commission to be designated the Coastal Resources Commission.
(b) Composition.
- The Coastal Resources Commission shall consist of 15 members appointed by the
Governor, as follows:
(1) One
who shall at the time of appointment be actively connected with or have
experience in commercial fishing.
(2) One
who shall at the time of appointment be actively connected with or have
experience in wildlife or sports fishing.
(3) One
who shall at the time of appointment be actively connected with or have
experience in marine ecology.
(4) One
who shall at the time of appointment be actively connected with or have
experience in coastal agriculture.
(5) One
who shall at the time of appointment be actively connected with or have
experience in coastal forestry.
(6) One
who shall at the time of appointment be actively connected with or have
experience in coastal land development.
(7) One
who shall at the time of appointment be actively connected with or have
experience in marine-related business (other than fishing and wildlife).
(8) One
who shall at the time of appointment be actively connected with or have
experience in engineering in the coastal area.
(9) One
who shall at the time of appointment be actively associated with a State or
national conservation organization.
(10) One who shall at
the time of appointment be actively connected with or have experience in
financing of coastal land development.
(11) Two who shall at
the time of appointment be actively connected with or have experience in local
government within the coastal area.
(12) Three at-large
members.
(b1) Composition. - The Coastal Resources Commission shall consist of 13 members as follows:
(1) One appointed by the Governor who shall, at the time of appointment, be a coastal property owner or experienced in land development.
(2) One appointed by the Governor who shall, at the time of appointment, be a coastal property owner or experienced in land development.
(3) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in engineering in the coastal area or a marine related science.
(4) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in engineering in the coastal area or a marine related science.
(5) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in coastal-related business.
(6) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in local government within the coastal area.
(7) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in coastal agriculture.
(8) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in commercial fishing.
(9) One appointed by the Governor who shall serve at large.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall, at the time of appointment, be actively connected with or have experience in sports fishing.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall, at the time of appointment, be actively connected with or have experience in wildlife.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(c) Appointment of Members. - The term "appointing authority" appearing anywhere in this section means the Governor in the case of members appointed by the Governor and means the General Assembly in the case of members appointed by the General Assembly. Appointments to the Commission shall be made to provide knowledge and experience in a diverse range of coastal interests. The members of the Commission shall serve and act on the Commission solely for the best interests of the public and public trust, and shall bring their particular knowledge and experience to the Commission for that end alone. Counties and cities in the coastal area may designate and transmit to the appointing authorities no later than May 1 of each even-numbered year qualified persons in the categories set out in subsection (b1) of this section corresponding to the Commission positions to be filled that year.
The Governor shall appoint in his sole discretion those
members of the Commission whose qualifications are described in subdivisions
(6) and (10), and one of the three members described in subdivision (12) of
subsection (b) of this section.
The remaining members of the Commission shall be appointed
by the Governor after completion of the nominating procedures prescribed by
subsection (d) of this section.
(c1) The members of the
Commission whose qualifications are described in subdivisions (1) through
(5), (9), and (11),(3), (6), (7), (8), (9), (11), and (12) shall be
persons who do not derive any significant portion of their income from land
development, construction, real estate sales, or lobbying and do not otherwise
serve as agents for development-related business activities. The Governor shall
require adequate disclosure of potential conflicts of interest by these members.
The Governor, by executive order, shall promulgate criteria regarding conflicts
of interest and disclosure thereof for determining the eligibility of persons
under this section.subsection.
(c2) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) Nominations
for Membership. - On or before May 1 in every even-numbered year the Governor
shall designate and transmit to the board of commissioners in each county in
the coastal area four nominating categories applicable to that county for that
year. Said nominating categories shall be selected by the Governor from among
the categories represented, respectively by subdivisions (1), (2), (3), (4), (5),
(7), (8), (9), (11) - two persons, and (12) - two persons, of subsection (b) of
this section (or so many of the above-listed paragraphs as may correspond to
vacancies by expiration of term that are subject to being filled in that year).
On or before June 1 in every even-numbered year the board of commissioners of
each county in the coastal area shall nominate (and transmit to the Governor
the names of) one qualified person in each of the four nominating categories
that was designated by the Governor for that county for that year. In
designating nominating categories from biennium to biennium, the Governor shall
equitably rotate said categories among the several counties of the coastal area
as in his judgment he deems best; and he shall assign, as near as may be, an
even number of nominees to each nominating category and shall assign in his
best judgment any excess above such even number of nominees. On or before June
1 in every even-numbered year the governing body of each incorporated city
within the coastal area shall nominate and transmit to the Governor the name of
one person as a nominee to the Commission. In making nominations, the boards of
county commissioners and city governing bodies shall give due consideration to
the nomination of women and minorities. The Governor shall appoint 12 persons
from among said city and county nominees to the Commission. The several boards
of county commissioners and city governing bodies shall transmit the names,
addresses, and a brief summary of the qualifications of their nominees to the
Governor on or before June 1 in each even-numbered year, beginning in 1974;
provided, that the Governor, by registered or certified mail, shall notify the
chairman or the mayors of the said local governing boards by May 20 in each such
even-numbered year of the duties of local governing boards under this sentence.
If any board of commissioners or city governing body fails to transmit its list
of nominations to the Governor by June 1, the Governor may add to the
nominations a list of qualified nominees in lieu of those that were not
transmitted by the board of commissioners or city governing body; Provided
however, the Governor may not add to the list a nominee in lieu of one not
transmitted by an incorporated city within the coastal area that neither has a
population of 2,000 or more nor is contiguous with the Atlantic Ocean. Within
the meaning of this section, the "governing body" is the mayor and
council of a city as defined in G.S. 160A-66. The population of cities
shall be determined according to the most recent annual estimates of population
as certified to the Secretary of Revenue by the Secretary of Administration.
(e) Residential Geographic
Qualifications. - All nominees of the several boards of county
commissioners and city governing bodies must reside within the coastal area,
but need not reside in the county from which they were nominated. No
more than one of those members appointed by the Governor from among said
nominees may reside in a particular county. No more than two members of the
entire Commission, at any time, may reside in a particular county. No more than
two members of the entire Commission, at any time, may reside outside the
coastal area.All members of the Commission must be residents of North
Carolina and reside or own real property in the coastal area.
(f) Office May Be Held Concurrently with Others. - Membership on the Coastal Resources Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(g) Terms. - The
members shall serve staggered terms of office of four years. At the expiration
of each member's term, the Governor appointing authority shall
reappoint or replace the member with a new member of like qualification (asas
specified in subsection (b)(b1) of this section), in the
manner provided by subsections (c) and (d) of this section. The initial term
shall be determined by the Governor in accordance with customary practice but
eight of the initial members shall be appointed for two years and seven for
four years.section.
(h) Vacancies. - In
the event of a vacancy arising otherwise than by expiration of term, the Governor
appointing authority shall appoint a successor of like qualification
(asas specified in subsection (b)(b1) of this section)section
who shall then serve the remainder of his predecessor's term. When any such
vacancy arises, the Governor shall immediately notify the board of
commissioners of each county in the coastal area and the governing body of each
incorporated city within the coastal area. Within 30 days after receipt of such
notification each such county board and city governing body shall nominate and
transmit to the Governor the name and address of one person who is qualified in
the category represented by the position to be filled, together with a brief
summary of the qualifications of the nominee. The Governor shall make the
appointment from among said city and county nominees. If any county board or
city governing body fails to make a timely transmittal of its nominee, the
Governor may add to the nominations a qualified person in lieu of said nominee;
Provided however, the Governor may not add to the list a nominee in lieu of one
not transmitted by an incorporated city within the coastal area that neither
has a population of 2,000 or more nor is contiguous with the Atlantic Ocean.
(i) Officers.
- The chairman shall be designated by the Governor from among the members of
the Commission to serve as chairman at the pleasure of the Governor. The
vice-chairman shall be elected by and from the members of the Commission and
shall serve for a term of two years or until the expiration of his the
vice-chairman's regularly appointed term.
(j) Compensation. - The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(k) In
making appointments to and filling vacancies upon the Commission, the Governor
shall give due consideration to securing appropriate representation of women
and minorities.
(l) Attendance. - Regular attendance at Commission meetings is a duty of each member. The Commission shall develop procedures for declaring any seat on the Commission to be vacant upon failure by a member to perform this duty.
(m) Quorum. - A majority of the Commission shall constitute a quorum."
SECTION 2.1.(b) Transition of Membership of the Coastal Resources Commission. -
(a) Except as otherwise provided in this section, the terms of all members of the Coastal Resources Commission serving on January 1, 2013, shall expire when this act becomes law. A new Commission of 13 members shall be appointed in the manner provided by G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, and this section. Members appointed in the manner provided by G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed no later than July 1, 2013.
(1) The member serving pursuant to G.S. 113A-104(b)(1) on January 1, 2013, shall continue to serve pursuant to G.S. 113A-104(b1)(8), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(2) The member serving pursuant to G.S. 113A-104(b)(2) on January 1, 2013, shall continue to serve pursuant to G.S. 113A-104(b1)(10), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(3) The member serving pursuant to G.S. 113A-104(b)(11) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A-104(b1)(6), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(4) The member serving pursuant to G.S. 113A-104(b)(12) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A-104(b1)(9), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(b) Members of the Commission whose qualifications are described by subdivisions (1), (3), (5), (7), (11), and (13) of G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of two years, and subsequent appointments shall be for four-year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (2), (4), (6), (8), (9), (10), and (12) of G.S. 113A-104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of one year and subsequent appointments shall be for four-year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
Coastal Resources advisory council
SECTION 2.2. G.S. 113A-105 reads as rewritten:
"§ 113A-105. Coastal Resources Advisory Council.
(a) Creation. - There is hereby created and established a council to be known as the Coastal Resources Advisory Council.
(b) Membership
and Terms. - The Coastal Resources Advisory Council shall consist of not
more than 45 20 members appointed or designated as follows:
(1) Two
individuals designated by the Secretary from among the employees of the
Department;
(1a) The Secretary of
Commerce or person designated by the Secretary of Commerce;
(2) The
Secretary of Administration or person designated by the Secretary of
Administration;
(3) The
Secretary of Transportation or person designated by the Secretary of
Transportation; and one additional member selected by the Secretary of
Transportation from the Department of Transportation;
(4) The
State Health Director or the person designated by the State Health Director;
(5) The
Commissioner of Agriculture or person designated by the Commissioner of
Agriculture;
(6) The
Secretary of Cultural Resources or person designated by the Secretary of
Cultural Resources;
(7) One
member from each of the four multi-county planning districts of the coastal
area to be appointed by the lead regional agency of each district;
(8) One
representative from each of the counties in the coastal area to be designated
by the respective boards of county commissioners;
(9) No
more than eight additional members representative of cities in the coastal area
and to be designated by the Commission;
(10) Three members
selected by the Commission who are marine scientists or technologists;
(11) One member who is
a local health director selected by the Commission upon the recommendation of
the Secretary.
by the Coastal Resources Commission. All members of the Council must be residents of North Carolina and reside or own real property in the coastal area. Counties and cities in the coastal area may nominate candidates for consideration by the Commission. The terms of all Council members serving on the Council on January 1, 2013, shall expire on June 30, 2013. A new Council shall be appointed in the manner provided by this subsection with terms beginning on July 1, 2013, and expiring on June 30, 2015. Members may be reappointed at the discretion of the Commission, provided that one-half of the membership at the beginning of any two-year term are residents of counties in the coastal area.
(c) Functions and Duties. - The Advisory Council shall assist the Secretary and the Secretary of Administration in an advisory capacity:
(1) On matters which may be submitted to it by either of them or by the Commission, including technical questions relating to the development of rules, and
(2) On such other matters arising under this Article as the Council considers appropriate.
(d) Multiple Offices. - Membership on the Coastal Resources Advisory Council is hereby declared to be an office that may be held concurrently with other elective or appointive offices (except the office of Commission member) in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1.
(e) Chairman and Vice-Chairman. - A chairman and vice-chairman shall be elected annually by the Council.
(f) Compensation. - The members of the Advisory Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5."
Environmental management commission
SECTION 2.3.(a) G.S. 143B-283 reads as rewritten:
"§ 143B-283. Environmental Management Commission - members; selection; removal; compensation; quorum; services.
(a) The
Environmental Management Commission shall consist of 13 members appointed by
the Governor. The Governor shall select the members so that the membership of
the Commission shall consist of:
(1) One
who shall be a licensed physician with specialized training and experience in
the health effects of environmental pollution;
(2) One
who shall, at the time of appointment, be actively connected with the
Commission for Public Health or local board of health or have experience in
health sciences;
(3) One
who shall, at the time of appointment, be actively connected with or have had
experience in agriculture;
(4) One
who shall, at the time of appointment, be a registered engineer with
specialized training and experience in water supply or water or air pollution
control;
(5) One
who shall, at the time of appointment, be actively connected with or have had
experience in the fish and wildlife conservation activities of the State;
(6) One
who shall, at the time of appointment, have special training and scientific
expertise in hydrogeology or groundwater hydrology;
(7) Three
members interested in water and air pollution control, appointed from the
public at large;
(8) One
who shall, at the time of appointment, be actively employed by, or recently
retired from, an industrial manufacturing facility and knowledgeable in the
field of industrial air and water pollution control;
(9) One
who shall, at the time of appointment, be actively connected with or have had
experience in pollution control problems of municipal or county government;
(10) One who shall, at
the time of appointment, have special training and scientific expertise in air
pollution control and the effects of air pollution; and
(11) One who shall, at
the time of appointment, have special training and scientific expertise in
freshwater, estuarine, marine biological, or ecological sciences.
(a1) The Environmental Management Commission shall consist of 15 members as follows:
(1) One appointed by the Governor who shall be a licensed physician.
(2) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(3) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(4) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in air pollution control or the effects of air pollution.
(5) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have had experience in agriculture.
(6) One appointed by the Governor who shall, at the time of appointment, have special training and scientific expertise in freshwater, estuarine, marine biological, or ecological sciences or be actively connected with or have had experience in the fish and wildlife conservation activities of the State.
(7) One appointed by the Governor who shall, at the time of appointment, be actively employed by, or recently retired from, an industrial manufacturing facility and shall be knowledgeable in the field of industrial pollution control.
(8) One appointed by the Governor who shall, at the time of appointment, be a registered engineer with specialized training and experience in water supply or water or air pollution control.
(9) One appointed by the Governor who shall serve at large.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121 who shall serve at large.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(14) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(15) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121 who shall serve at large.
(b) Members
appointed by the Governor shall serve terms of office of six years. Any
appointment to fill a vacancy on the Commission created by the resignation,
dismissal, death or disability of a member shall be for the balance of the
unexpired term. The Governor may reappoint a member of the Commission to an
additional term if, at the time of the reappointment, the member qualifies for
membership on the Commission under subdivisions (1) through (9) of
subsection (a)(a1) of this section. Appointments by the
General Assembly shall be made in accordance with G.S. 120-121, and
vacancies in those appointments shall be filled in accordance with
G.S. 120-122.
(b1) The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13 of the Executive Organization Act of 1973.
(b2) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(b3) A majority of the Commission shall constitute a quorum for the transaction of business.
(b4) All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.
(c) Nine of the The
members appointed by the Governor under this section shall be persons who
do not derive any significant portion of their income from persons subject to
permits or enforcement orders under this Chapter. The Governor shall require
adequate disclosure of potential conflicts of interest by these members.
The Governor, by executive order, shall promulgate criteria regarding conflicts
of interest and disclosure thereof for determining the eligibility of persons
under this section,subsection, giving due regard to the
requirements of federal legislation, and for this purpose may promulgate rules,
regulations or guidelines in conformance with those established by any federal
agency interpreting and applying provisions of federal law.
(c1) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) In
addition to the members designated by subsection (a) of this section, the
General Assembly shall appoint six members, three upon the recommendation of
the Speaker of the House of Representatives, and three upon the recommendation
of the President Pro Tempore of the Senate. Appointments by the General
Assembly shall be made in accordance with G.S. 120-121, and vacancies in
those appointments shall be filled in accordance with G.S. 120-122.
Members appointed by the General Assembly shall serve terms of two years.
(e) Members of the Commission shall serve terms of four years."
SECTION 2.3.(b) Transition of Membership of the Environmental Management Commission. -
(a) Except as otherwise provided in this section, the terms of all members of the Environmental Management Commission serving on January 1, 2013, shall expire April 15, 2013. A new Commission of 15 members shall be appointed in the manner provided by G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, and this section. Members appointed in the manner provided by G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, shall be appointed no later than July 1, 2013.
(1) The member serving pursuant to G.S. 143B-283(a)(3) on January 1, 2013, shall continue to serve pursuant to G.S. 143B-283(a1)(5), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(2) The member serving pursuant to G.S. 143B-283(a)(4) on January 1, 2013, shall continue to serve pursuant to G.S. 143B-283(a1)(8), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(3) The member serving pursuant to G.S. 143B-283(a)(7) on January 1, 2013, whose term would otherwise expire on June 30, 2015, shall continue to serve pursuant to G.S. 143B-283(a1)(9), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(4) The member serving pursuant to G.S. 143B-283(a)(10) on January 1, 2013, shall continue to serve pursuant to G.S. 143B-283(a1)(4), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(b) Members of the Commission whose qualifications are described by subdivisions (3), (4), (5), (8), (9), (11), (13), and (15) of G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of two years and subsequent appointments shall be for four year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (1), (2), (6), (7), (10), (12), and (14) of G.S. 143B-283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of four years, and subsequent appointments shall be for four-year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
(c) Members of the Commission appointed to any other State board or commission as a representative of the Commission shall no longer serve as a member of those boards or commissions after this section becomes law, and a new Commission representative shall be appointed as provided by law.
Industrial commission
SECTION 2.4.(a) Effective April 15, 2013, G.S. 97-77 reads as rewritten:
"§ 97-77.
North Carolina Industrial Commission created; members appointed by Governor;
terms of office; chairman.chair.
(a) There is hereby
created a commission to be known as the North Carolina Industrial Commission,
consisting of six commissioners who shall devote their entire time to the
duties of the Commission. The Governor shall appoint the members of the
Commission for terms of sixfour years. The terms shall be
staggered. Only persons licensed to practice law in North Carolina are eligible
for membership on the Commission. At least two commissioners shall be Board
Certified in workers' compensation law. Three commissioners shall be
persons who, on account of their previous vocations, employment or
affiliations, can be classed as representatives of employers. Three
commissioners shall be persons who, on account of their previous vocations,
employment or affiliations, can be classed as representatives of employees. No
person may serve more than two terms on the Commission, including any term
served prior to the effective date of this section. In calculating the number
of terms served, a partial term that is less than three years in length shall
not be included.
(a1) Appointments of commissioners are subject to confirmation by the General Assembly by joint resolution. The names of commissioners to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before March 1 of the year of expiration of the term. If the Governor fails to timely submit nominations, the General Assembly shall appoint to fill the succeeding term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section.
In case of death, incapacity, resignation, or any other vacancy in the office of any commissioner prior to the expiration of the term of office, a nomination to fill the vacancy for the remainder of the unexpired term shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. If the Governor fails to timely nominate a person to fill the vacancy, the General Assembly shall appoint a person to fill the remainder of the unexpired term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120-121 not inconsistent with this section. If a vacancy arises or exists pursuant to this subsection when the General Assembly is not in session, and the appointment is deemed urgent by the Governor, the commissioner may be appointed and serve on an interim basis pending confirmation by the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the Regular Session, (ii) during any adjournment of the Regular Session for more than 10 days, and (iii) after sine die adjournment of the Regular Session.
No person while in office as a commissioner may be nominated or appointed on an interim basis to fill the remainder of an unexpired term, or to a full term that commences prior to the expiration of the term that the commissioner is serving.
(b) One member, to
be designated by the Governor, shall act as chairman. chair. The chairman
chair shall be the chief judicial officer and the chief executive officer
of the Industrial Commission; such authority shall be exercised pursuant to the
provisions of Chapter 126 of the General Statutes and the rules and policies of
the State Personnel Commission. Notwithstanding the provisions of this Chapter,
the chairman chair shall have such authority as is necessary to
direct and oversee the Commission. The chairman chair may
delegate any duties and responsibilities as may be necessary to ensure the
proper management of the Industrial Commission. Notwithstanding the provisions
of this Chapter, Chapter 143A, and Chapter 143B of the General Statutes, the chairman
chair may hire or fire personnel and transfer personnel within the
Industrial Commission.
The Governor may designate one vice-chairman vice-chair
from the remaining commissioners. The vice-chairman vice-chair shall
assume the powers of the chairman chair upon request of the chairman
chair or when the chairman chair is absent for 24
hours or more. The authority delegated to the vice-chairman vice-chair
shall be relinquished immediately upon the return of the chairman chair
or at the request of the chairman.chair.
(c) The Commission shall adopt, by majority vote, bylaws to govern the conduct of its business. A quorum of the Commission consists of a simple majority of the membership."
SECTION 2.4.(b) The terms of members serving on the Industrial Commission on January 1, 2013, shall terminate as follows:
(1) The term of the member whose term is set to expire on April 30, 2013, will expire on April 30, 2013.
(2) The term of the member whose term is set to expire on June 30, 2014, will expire on June 30, 2014.
(3) The term of the member whose term is set to expire on April 30, 2015, will expire on April 30, 2013.
(4) The term of the member whose term is set to expire on June 30, 2016, will expire on June 30, 2014.
(5) The term of the member whose term is set to expire on April 30, 2017, will expire on April 30, 2015.
(6) The term of the member whose term is set to expire on June 30, 2018, will expire on June 30, 2016.";
SECTION 2.4.(c) Effective April 15, 2013, Section 22 of S.L. 2011-287 is repealed.
UTILITIES COMMISSION
SECTION 2.5.(a) G.S. 62-10 reads as rewritten:
"§ 62-10.
Number; appointment; terms; qualifications; chairman; chair; vacancies;
compensation; other employment prohibited.
(a) The North
Carolina Utilities Commission shall consist of seven commissioners who shall be
appointed by the Governor subject to confirmation by the General Assembly by
joint resolution. The names of commissioners to be appointed by the Governor
shall be submitted by the Governor to the General Assembly for confirmation by
the General Assembly on or before May 1, of the year in which the terms for
which the appointments are to be made are to expire. Upon failure of the
Governor to submit names as herein provided, the Lieutenant Governor and
Speaker of the House jointly shall submit the names of a like number of commissioners
to the General Assembly on or before May 15 of the same year for confirmation
by the General Assembly. Regardless of the way in which names of commissioners
are submitted, confirmation of commissioners must be accomplished prior to
adjournment of the then current session of the General Assembly.This
subsection shall be subject to the provisions of subsection (c) of this
section. In appointing members to the Commission, the Governor shall
appoint persons with at least five years of progressively responsible
experience and a demonstrated competency in any one or more of the following
areas:
(1) Utility law and regulation.
(2) Economics.
(3) Finance.
(4) Accounting.
(5) Business administration.
(6) Engineering.
(7) Renewable energy.
(a1) Members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
Members of the Commission shall not be an office holder of any political party and shall not serve as a delegate to a political convention of any political party.
(b) The terms of
the commissioners now serving shall expire at the conclusion of the term for
which they were appointed which shall remain as before with two regular
eight-year terms expiring on July 1 of each fourth year after July 1, 1965, and
the fifth term expiring on July 1 of each eighth year after July 1, 1963. The
terms of office of utilities commissioners thereafter shall be six years
commencing on July 1 of the year in which the predecessor terms expired, and
ending on July 1 June 30 of the sixth year thereafter.
(c) In
order to increase the number of commissioners to seven, the names of two
additional commissioners shall be submitted to the General Assembly on or
before May 27, 1975, for confirmation by the General Assembly as provided in
G.S. 62-10(a). The commissioners so appointed and confirmed shall serve
new terms commencing on July 1, 1975, one of which shall be for a period of two
years (with the immediate successor serving for a period of six years), and one
of which shall be for a period of two years.
Thereafter, the terms of office of the additional
commissioners shall be for six years as provided in G.S. 62-10(b).
(d) A commissioner in office shall continue to serve until his successor is duly confirmed and qualified but such holdover shall not affect the expiration date of such succeeding term.
(e) On July 1,
1965, and everyEvery four years thereafter, one of the
commissioners shall be designated by the Governor to serve as chairman of the
Commission for the succeeding four years and until his successor is duly
confirmed and qualifies.designated. Upon death death, end
of term, or resignation of the commissioner appointed designated as
chairman, the Governor shall designate the chairman from the remaining commissioners
and appoint a successor as hereinafter provided to fill the vacancy on the
Commission.commissioners.
(f) In case of death, incapacity, resignation or vacancy for any other reason in the office of any commissioner prior to the expiration of his term of office, the name of his successor shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. Upon failure of the Governor to submit the name of the successor, the Lieutenant Governor and Speaker of the House jointly shall submit the name of a successor to the General Assembly within six weeks after the vacancy arises. Regardless of the way in which names of commissioners are submitted, confirmation of commissioners must be accomplished prior to the adjournment of the then current session of the General Assembly.
(g) If a vacancy
in the office of any commissioner arises or exists pursuant to either
subsection (a) or (c) or (f) of this section when the General Assembly
is not in session, and the appointment is deemed urgent by the Governor, the
commissioner may be appointed and serve on an interim basis pending
confirmation by the General Assembly.
…."
SECTION 2.5.(b) G.S. 62-10(a), as amended by subsection (a) of this section, reads as rewritten:
"(a) The North
Carolina Utilities Commission shall consist of seven five commissioners
who shall be appointed by the Governor subject to confirmation by the General Assembly
by joint resolution. The names of commissioners to be appointed by the Governor
shall be submitted by the Governor to the General Assembly for confirmation by
the General Assembly on or before May 1, of the year in which the terms for
which the appointments are to be made are to expire. Upon failure of the
Governor to submit names as herein provided, the Lieutenant Governor and
Speaker of the House jointly shall submit the names of a like number of
commissioners to the General Assembly on or before May 15 of the same year for
confirmation by the General Assembly. Regardless of the way in which names of
commissioners are submitted, confirmation of commissioners must be accomplished
prior to adjournment of the then current session of the General Assembly. In
appointing members to the Commission, the Governor shall appoint persons with
at least five years of progressively responsible experience and a demonstrated
competency in any one or more of the following areas:
(1) Utility law and regulation.
(2) Economics.
(3) Finance.
(4) Accounting.
(5) Business administration.
(6) Engineering.
(7) Renewable energy."
SECTION 2.5.(c) Reduce Terms and Number of Commissioners. - The terms held by commissioners serving on the Commission as of January 1, 2013, for terms of office that expire on June 30, 2017, shall instead expire June 30, 2015. The term of any appointee confirmed by the General Assembly to fill the unexpired term of the position on the Commission vacant as of January 1, 2013, shall expire on June 30, 2015, instead of June 30, 2017. To reduce the number of Commissioners as provided in subsection (b) of this section, two of the positions that are vacant as of July 1, 2015, are eliminated as of July 1, 2015.
SECTION 2.5.(d) Appointments by the Governor. - By May 1, 2013, the Governor shall submit two names of appointees subject to confirmation by the General Assembly for positions on the Commission for terms that shall begin on July 1, 2013, and expire on June 30, 2017. Appointees submitted by the Governor for these positions shall conform to all of the requirements of G.S. 62-10, including the requirements enacted by section 2.5(a) of this Act.
SECTION 2.5.(e) Subsection (a) of this section becomes effective July 1, 2013. Subsection (b) of this section becomes effective July 1, 2015. The remainder of this section is effective when it becomes law.
Wildlife resources commission
SECTION 2.6.(a) Effective July 1, 2013, G.S. 143-241 reads as rewritten:
"§ 143-241. Appointment and terms of office of Commission members; filling of vacancies.
The members of the North Carolina Wildlife Resources Commission shall be appointed as follows:
The Governor shall appoint one member each from the first,
fourth, and seventh wildlife districts to serve six-year terms;four-year
terms.
The Governor shall appoint one member each from the second,
fifth, and eighth wildlife districts to serve two-year terms;four-year
terms.
The Governor shall appoint one member each from the third,
sixth, and ninth wildlife districts to serve four-year terms;terms.
The Governor shall also appoint two at-large members to serve four-year terms.
The General Assembly shall appoint eight members of the
Commission to serve two-year terms, four upon the recommendation of the Speaker
of the House, four upon the recommendation of the President Pro Tempore of the
Senate, in accordance with G.S. 120-121. Of the members appointed upon
the recommendation of the Speaker of the House and upon the recommendation of
the President Pro Tempore of the Senate, at least one of each shall be a member
of the political party to which the largest minority of the members of the
General Assembly belongs.
The terms of all appointed members serving on the
Commission as of January 1, 2013, shall terminate on June 30, 2013. The members
initially appointed by the Governor from even-numbered districts shall be
appointed for two-year terms, and those from odd-numbered districts shall be
initially appointed to four-year terms. Thereafter as the terms of the
office of the members of the Commission appointed by the Governor from the
several wildlife districts expire, their successors shall be appointed for
terms of six four years each. As the terms of office of the
members of the Commission appointed by the General Assembly expire, their
successors shall be appointed for terms of two years each. All members
appointed by the Governor serve at the pleasure of the Governor that appointed
them and they may be removed by that Governor at any time. A successor to the
appointing Governor may remove a Commission member only for cause as provided
in G.S. 143B-13. Members appointed by the General Assembly serve at the
pleasure of that body and may be removed by law at any time. In the event that
a Commission member is removed, the member appointed to replace the removed
member shall serve only for the unexpired term of the removed member."
SECTION 2.6.(b) G.S. 143-243 reads as rewritten:
"§ 143-243. Organization of the Commission; election of officers; Robert's Rules of Order.
The Commission shall hold at least two meetings annually, one
in January and one in July, and sevena majority of the members of
the Commission shall constitute a quorum for the transaction of business.
Additional meetings may be held at such other times within the State as may be
deemed necessary for the efficient transaction of the business of the
Commission. The Commission may hold additional or special meetings at any time
at the call of the chairman or on call of any five members of the Commission.
The Commission shall determine its own organization and methods of procedure in
accordance with the provisions of this Article, and shall have an official
seal, which shall be judicially noticed.
At the first scheduled meeting of the Commission after July 1, 1977, and on July 1 of each odd-numbered year thereafter, the Commission shall select from among its membership a chairman and a vice-chairman who shall serve for terms of two years or until their successors are elected and qualified. The Secretary of Environment and Natural Resources or his designee shall serve as secretary of the Commission.
The chairman shall guide and coordinate the official actions and official activities of the Commission in fulfilling its program responsibility for (i) the appointment and separation of the executive director of the Commission, (ii) organizing the personnel of the Commission, (iii) setting the statewide policy of the Commission, (iv) budgeting and planning the use of the Wildlife and Motorboat Funds, subject to the approval of the General Assembly, (v) holding public hearings, and (vi) adopting rules as authorized by law. The chairman shall report to and advise the Governor on the official actions and work of the Commission and on all wildlife conservation and boating safety matters that affect the interest of the people of the State.
Meetings of the Commission shall be conducted pursuant to Robert's Rules of Order."
NORTH CAROLINA TURNPIKE AUTHORITY
SECTION 2.7. G.S. 136-89.182 reads as rewritten:
"§ 136-89.182. North Carolina Turnpike Authority.
(a) Creation. - There is created a body politic and corporate to be known as the "North Carolina Turnpike Authority". The Authority is constituted as a public agency, and the exercise by the Authority of the powers conferred by this Article in the construction, operation, and maintenance of toll roads and bridges shall be deemed and held to be the performance of an essential governmental function.
(b) Administrative Placement. - The Authority shall be located within the Department of Transportation and shall be subject to and under the direct supervision of the Secretary of Transportation.
(c) Authority
Board. - The Board of Transportation is ex officio the Authority Board of
the North Carolina Turnpike Authority.The North Carolina Turnpike
Authority shall be governed by a nine-member Authority Board consisting of two
members appointed by the General Assembly upon the recommendation of the
President Pro Tempore of the Senate in accordance with G.S. 120-121, two
members appointed by the General Assembly upon the recommendation of the
Speaker of the House of Representatives in accordance with G.S. 120-121,
four members appointed by the Governor, and the Secretary of Transportation.
Each appointing authority shall appoint members who reside in diverse regions
of the State. The Chair of the Authority shall be selected by the Authority
Board.
(d) Board of Transportation Members. - Members of the North Carolina Board of Transportation may serve as members of the Authority Board.
(e) Staggered
Terms. - One of the initial appointments to the Authority Board by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate,
one of the initial appointments to the Authority Board by the General Assembly
upon the recommendation of the Speaker of the House of Representatives, and
three of the initial appointments of the Governor shall be appointed to terms ending
January 14, 2007. One of the initial appointments to the Authority Board by the
General Assembly upon the recommendation of the President Pro Tempore of the
Senate, one of the initial appointments to the Authority Board by the General
Assembly upon the recommendation of the Speaker of the House of
Representatives, and one of the initial appointments of the Governor shall be
appointed to terms ending January 14, 2005. The Secretary of Transportation
shall serve as an ex officio voting member of the Board. Thereafter, at the
expiration of each stipulated term of office, all appointments shall be to a
term of four years from the date of the expiration of the term.
(f) Vacancies.
- All members of the Authority Board shall remain in office until their
successors are appointed and qualified. The original appointing authority may
appoint a member to serve out the unexpired term of any member.
(g) Removal
of Board Members. - Each member of the Authority Board, notwithstanding
subsection (e) of this section, shall serve at the pleasure of the appointing
authority. The Chair of the Authority serves at the pleasure of the Authority
Board.
(h) Conflicts
of Interest, Ethics. - Members of the Authority Board shall be subject to the
provisions of G.S. 136-13, 136-13.1, and 136-14.
(i)
Compensation. - The appointed members of the Authority Board shall
receive no salary for their services but shall be entitled to receive per diem
and travel allowances in accordance with the provisions of G.S. 138-5 and
G.S. 138-6 as appropriate.
(j) Bylaws. - The Authority Board shall adopt, change, or amend bylaws with respect to the calling of meetings, quorums, voting procedures, the keeping of records, and other organizational, staffing, and administrative matters as the Authority Board may determine. Any bylaws, or subsequent changes or amendments to the bylaws, shall be included in the Annual Report as required by G.S. 136-89.193.
(k) Executive
Director and Administrative Employees. - The Authority Board shallappoint an
Executive Director, whose salary shall be fixed by the Authority, to serve at
its pleasure.The Secretary of Transportation, or the Secretary's
designee, The Executive Director shall be the Authority's chief
administrative officer and shall be responsible for the daily administration of
the toll roads and bridges constructed, maintained, or operated pursuant to
this Article. The Secretary or the Secretary's designee The Executive
Director or his designee shall appoint, employ, dismiss, and, within the
limits approved by the Authority Board, fix the compensation of administrative
employees as the Executive Director deems necessary to carry out this Article.
(l) Office. - The offices of the Authority may be housed in one or more facilities of the Department of Transportation."
State board of elections
SECTION 2.9.(a) G.S. 163-19 reads as rewritten:
"§ 163-19. State Board of Elections; appointment; term of office; vacancies; oath of office.
All of the terms of office of the present members of the
State Board of Elections shall expire on May 1, 1969, or when their successors
in office are appointed and qualified.
(a) The State Board of Elections shall consist of five registered voters whose terms of office shall begin on May 1, 1969, and shall continue for four years, and until their successors are appointed and qualified. The Governor shall appoint the members of this Board and likewise shall appoint their successors every four years at the expiration of each four-year term. No person may serve more than three four-year terms, and the term of any person currently serving on this Board who has served more than three four-year terms shall terminate on the effective date of this sentence.
(b) Not more than three members of the Board shall be members of the same political party. The Governor shall appoint the members from a list of nominees submitted to him by the State party chairman of each of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board of Elections. Each party chairman shall submit a list of five nominees who are affiliated with that political party.
(c) Any vacancy occurring in the Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from a list of three nominees submitted to him by the State party chairman of the political party that nominated the vacating member as provided by the preceding paragraph. The three nominees must be affiliated with that political party.
(c1) Notwithstanding subsection (c) of this section, if (i) a vacancy occurs in the State Board of Elections during the period beginning when a Governor takes office after election and ending April 30 of that year, (ii) the Governor is a member of a different political party than the preceding Governor, and (iii) the vacating member is not a member of the same political party as the new Governor, then the first such vacancy occurring in the Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from among lists of three nominees submitted by the State party chair of each of the political parties with registered voters, as reflected by the latest registration statistics published by the State Board of Elections. Nominees of a party chair must be affiliated with that party. Failure by a party chair to submit such a list within five days of request by the Governor constitutes a waiver of the requirement that the party submit a list.
(d) At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:
"I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God."
After taking the prescribed oath, the Board shall organize by electing one of its members chairman and another secretary.
(e) No person shall be eligible to serve as a member of the State Board of Elections who holds any elective or appointive office under the government of the United States, or of the State of North Carolina or any political subdivision thereof. No person who holds any office in a political party, or organization, or who is a candidate for nomination or election to any office, or who is a campaign manager or treasurer of any candidate in a primary or election shall be eligible to serve as a member of the State Board of Elections."
SECTION 2.9.(b) This section is effective when this act becomes law.
State board of education
SECTION 2.11. G.S. 115C-11(a) and (h) read as rewritten:
"§ 115C-11. Organization and internal procedures of Board.
(a) Presiding
Officer. - The Governor shall appoint a chairman from among the membership
of the State Board of Education. The chairman shall serve in that role at the
pleasure of the Governor. The State Board of Education shall elect from its
membership a chairman and vice-chairman. A majority of the Board shall
constitute a quorum for the transaction of business. Per diem and expenses of
the appointive members of the Board shall be provided by the General Assembly.
The chairman of the Board shall preside at all meetings of the Board. In the
absence of the chairman, the vice-chairman shall preside; in the absence of
both the chairman and the vice-chairman, the Board shall name one of its own
members as chairman pro tempore.
…
(h) Rules and
Regulations. - The Board shall adopt reasonable rules and regulations not
inconsistent herewith, to govern its proceedings which the Board may amend from
time to time, which rules and regulations shall become effective when filed as
provided by law: Provided, however, a motion to suspend the rules so adopted
shall require a consent of two-thirds of the members. The rules and regulations
shall include, but not be limited to, clearly defined procedures for electing
the officers vice-chairman and chairman pro tempore of the State
Board referred to in G.S. 115C-11(a), fixing the term of said officers,
the vice-chairman, specifying how the voting shall be carried out,
and establishing a date when the first election shall be held."
North Carolina State Lottery Commission
SECTION 2.12.(a) G.S. 18C-111 reads as rewritten:
"§ 18C-111. Commission membership; appointment; selection of chair; vacancies; removal; meetings; compensation.
(a) The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and two of whom shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. Commissioners may be removed by the appointing authority for cause. The Governor shall select the chair of the Commission from among its membership, who shall serve at the pleasure of the Governor.
(b) The terms of
all members serving on the Commission as of January 1, 2013, shall terminate on
the effective date of this section. No later than July 1, 2013, Of the
initial appointees of the Governor,the Governor shall appoint five
members to serve terms of two years. three members shall serve a term of
one year, one member shall serve a term of two years, and one member shall
serve a term of three years. Of the initial appointees of theNo later
than July 1, 2013, the General AssemblyAssembly, upon the
recommendation of the President Pro Tempore of the Senate, one member shall
serve a term of two years, and one member shall serve a term of three years. shall
appoint two members to serve terms of two years. Of the initial
appointees of No later than July 1, 2013, the General Assembly upon
the recommendation of the Speaker of the House of Representatives, one
member shall serve a term of two years, and one member serve a term of three
years. shall appoint two members to serve terms of two years. Initial
terms shall expire on June 30 of the year of expiration. All succeeding
appointments shall be for terms of five two years. Members shall
not serve for more than two successive terms.
(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the term in which they occur.
(d) The Commission shall meet at least quarterly upon the call of the chair. A majority of the total membership of the Commission shall constitute a quorum.
(e) Members of the Commission shall receive per diem, subsistence, and travel as provided in G.S. 138-5 and G.S. 138-6."
SECTION 2.12.(b) This section is effective when this act becomes law.
Charter School Advisory Committee
SECTION 2.13.(a) G.S. 115C-238.29I(d) is repealed.
SECTION 2.13.(b) The North Carolina Charter School Advisory Council, as established by the State Board of Education on August 4, 2011, by Policy TCS-B-006, is abolished.
SECTION 2.13.(c) This section is effective when this act becomes law.
BOARD OF TRANSPORTATION
SECTION 2.14.(a) G.S. 143B-350(b)(1) reads as rewritten:
"(1) Number, appointment. -
The Board of Transportation shall have 1921 voting members.
Fourteen of the members shall be division members appointed by the Governor.
Five shall be at-large members appointed by the Governor. One shall be an
at-large member appointed by the General Assembly upon recommendation of the
President Pro Tempore of the Senate, and one shall be an at-large member
appointed by the General Assembly upon recommendation of the Speaker of the
House of Representatives. At least three members of the Board appointed
by the Governor shall be registered voters of a political party other than
the political party of the Governor. The Secretary of Transportation shall
serve as an ex officio nonvoting member of the Board. No more than two members
of the Board may reside in the same highway division."
SECTION 2.14.(b) G.S. 143B-350(c) reads as rewritten:
"(c) Staggered Terms.
- The terms of all Board members serving on the Board prior to January 15,
2001, shall expire on January 14, 2001. A new board of 19 members shall be
appointed with terms beginning on January 15, 2001. The Board shall
serve the following terms: division members representing divisions 1, 3, 5, 7,
9, 11, and 13 and the three at-large members filling the positions designated
in sub-subdivisions (b)(3)a., b., and e. of this section shall serve four-year
terms beginning on January 15, 2001, and four-year terms thereafter; and
division members representing divisions 2, 4, 6, 8, 10, 12, and 14 and the two
at-large members filling the positions designated in sub-subdivisions (b)(3)c.
and d. of this section shall serve two-year terms beginning January 15, 2001,
and four-year terms thereafter. The terms of members shall be for four
years beginning January 15, 2013, and quadrennially thereafter, except that the
terms of at-large members appointed by the General Assembly shall be for two
years beginning on January 15, 2013, and biennially thereafter."
SECTION 2.14.(c) The terms of the nine members of the Board of Transportation previously appointed for terms expiring January 14, 2015, expire upon appointment of their replacements as provided in this section. The Governor shall designate for each of the nine new appointments which member is being replaced.
Dietetics/nutrition board
SECTION 2.15.(a) G.S. 90-353 reads as rewritten:
"§ 90-353. Creation of Board.
(a) The North
Carolina Board of Dietetics/Nutrition is created. The Board shall consist of seven
five members as follows:
(1) One member shall be a professional whose primary practice is clinical dietetics/nutrition;
(2) One member shall
be a professional whose primary practice is community or public health dietetics/nutrition;dietetics/nutrition,
or an educator on the faculty of a college or university specializing in the
field of dietetics/nutrition;
(3) One
member shall be a professional whose primary practice is consulting in
dietetics/nutrition;
(4)(3) One member shall be a
professional whose primary practice is in management of nutritional services;
(5) One
member shall be an educator on the faculty of a college or university
specializing in the field of dietetics/nutrition;
(6)(4) Two members shall represent
the public at large.
(b) Professional members of the Board shall:
(1) Be citizens of the United States and residents of this State;
(2) Have practiced in the field of dietetics/nutrition for at least five years; and
(3) Be licensed
under this Article, except that initial appointees shall be licensed under
this Article no later than March 31, 1992.Article.
(c) The members of the Board appointed from the public at large shall be citizens of the United States and residents of this State and shall not be any of the following:
(1) A dietician/nutritionist.
(2) An agent or employee of a person engaged in the profession of dietetics/nutrition.
(3) A licensed health care professional or enrolled in a program to become prepared to be a licensed health care professional.
(4) An agent or employee of a health care institution, a health care insurer, or a health care professional school.
(5) A member of any allied health profession or enrolled in a program to become prepared to be a member of an allied health profession.
(6) The spouse of an individual who may not serve as a public member of the Board."
SECTION 2.15.(b) G.S. 90-354(a) reads as rewritten:
"(a) The members of the Board shall be appointed as follows:
(1) The Governor
shall appoint the three professional member members described
in G.S. 90-353(a)(5) and the two public members described in
G.S. 90-353(a)(6);G.S. 90-353(a);
(2) The General
Assembly upon the recommendation of the Speaker of the House of Representatives
shall appoint the professional members one member representing the
public described in G.S. 90-353(a)(1) and G.S. 90-353(a)(2)in
accordance with G.S. 120-121, one of whom shall be a nutritionist with
a masters or higher degree in a nutrition-related discipline; G.S. 120-121;
and
(3) The General
Assembly upon the recommendation of the President Pro Tempore of the Senate
shall appoint one member representing the public the professional
members described in G.S. 90-353(a)(3) and G.S. 90-353(a)(4) in
accordance with G.S. 120-121, one of whom shall be a nutritionist with
a masters or higher degree in a nutrition-related discipline.G.S. 120-121.
(b) The terms of all members of the Board serving on January 1, 2013, shall expire March 31, 2013. Members of the Board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified."
POST-RELEASE SUPERVISION AND PAROLE COMMISSION
SECTION 2.16.(a) G.S. 143B-721 reads as rewritten:
"§ 143B-721. Post-Release Supervision and Parole Commission - members; selection; removal; chairman; compensation; quorum; services.
(a) Effective August
1, 2005,February 1, 2013, the Post-Release Supervision and Parole
Commission shall consist of one full-time member and two half-time
four full-time members. The three four members shall be
appointed by the Governor from persons whose recognized ability, training,
experience, and character qualify them for service on the Commission. The
terms of office of any members serving on the Commission on June 30, 2005,
shall expire on that date. The terms of office of persons appointed by the
Governor as members of the Commission shall be for four years or until their
successors are appointed and qualify. Any appointment to fill a vacancy on the
Commission created by the resignation, removal, death or disability of a member
shall be for the balance of the unexpired term only.
(a1) Effective August
1, 2012, both half-time commissioners shall begin serving as full-time members
of the Commission, and the Post-Release Supervision and Parole Commission shall
consist of three full-time members.
(a2) Effective
February 1, 2013, an additional member shall be appointed by the consist
of four full-time members.
(b) All members of the Post-Release Supervision and Parole Commission appointed by the Governor shall possess the recognized ability, training, experience, and character to qualify each person to serve ably on the Commission.
(c) The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B-13. The Governor shall designate a member of the Commission to serve as chair of the Commission at the pleasure of the Governor.
(d) The granting, denying, revoking, or rescinding of parole, the authorization of work-release privileges to a prisoner, or any other matters of business coming before the Commission for consideration and action shall be decided by majority vote of the full Commission.
(e) The members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-6. Notwithstanding any other provision of law, the half-time members of the Commission shall not be subject to the provisions of G.S. 135-3(8)(c).
(f) All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Public Safety."
SECTION 2.16.(b) The term of office of any member serving on the Post-Release Supervision and Parole Commission on January 1, 2013, shall expire on the effective date of this section. The Governor shall appoint new members in accordance with G.S. 143B-721(a) as amended by this act and shall designate for each of the three new appointments which member is being replaced. The initial term of the members appointed under this section shall expire on June 30, 2017.
SECTION 2.16.(c) This section becomes effective when it becomes law.
MINING AND ENERGY COMMISSION
SECTION 2.17. G.S. 143B-293.2 is amended by adding a new subsection to read:
"(a1) Office May Be Held Concurrently With Others. - Membership on the Mining and Energy Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128-1.1."
OFFICE OF ADMINISTRATIVE HEARINGS
SECTION 2.18.(a) G.S. 7A-753 reads as rewritten:
"§ 7A-753. Additional administrative law judges; appointment; specialization.
The Chief Administrative Law Judge shall appoint additional administrative law judges to serve in the Office of Administrative Hearings in such numbers as the General Assembly provides. Each administrative law judge appointed under this section shall serve a term of four years. No person shall be appointed or designated an administrative law judge except as provided in this Article.
The Chief Administrative Law Judge may designate certain administrative law judges as having the experience and expertise to preside at specific types of contested cases and assign only these designated administrative law judges to preside at those cases."
SECTION 2.18.(b) G.S. 7A-760(a) reads as rewritten:
"(a) The number of administrative law judges and employees of the Office of Administrative Hearings shall be established by the General Assembly. The Chief Administrative Law Judge is exempt from provisions of the State Personnel Act as provided by G.S. 126-5(c1)(26). Administrative law judges appointed in accordance with G.S. 7A-753 are exempt from the provisions of the State Personnel Act. All other employees of the Office of Administrative Hearings are subject to the State Personnel Act."
SECTION 2.18.(c) This section is effective when it becomes law and applies to any administrative law judge serving on or after the effective date of this act.
STATE PERSONNEL COMMISSION
SECTION 2.19.(a) G.S. 126-2(b) reads as rewritten:
"§ 126-2. State Personnel Commission.
(a) There is hereby established the State Personnel Commission (hereinafter referred to as "the Commission").
(b) The
Commission shall consist of nine members, appointed as follows:
(1) Two
members shall be attorneys licensed to practice law in North Carolina appointed
by the General Assembly, one of whom shall be appointed upon the recommendation
of the Speaker of the House of Representatives, and one of whom shall be
appointed upon the recommendation of the President Pro Tempore of the Senate.
The initial two attorney members
appointed under this subdivision shall serve terms expiring June 30, 2004; the
terms of subsequent appointees shall be six years.
(2) Two persons
from private business or industry appointed by the Governor, both of whom shall
have a working knowledge of, or practical experience in, human resources
management. The initial members appointed under this subdivision shall serve
terms expiring June 30, 2003; the terms of subsequent appointees shall be six
years.
(3) Two
State employees subject to the State Personnel Act serving in nonexempt
positions, appointed by the Governor, including one of whom is a veteran of the
Armed Forces of the United States appointed upon the nomination of the
Veterans' Affairs Commission. One employee shall serve in a State government
position having supervisory duties, and one employee shall serve in a
nonsupervisory position. Neither employee may be a human resources
professional. The Governor shall consider nominations submitted by the State
Employees Association of North Carolina. The initial members appointed under
this subdivision shall serve terms expiring June 30, 2001; the terms of
subsequent appointees shall be six years.
(4) Two
local government employees subject to the State Personnel Act appointed by the
Governor upon recommendation of the North Carolina Association of County
Commissioners, one a nonsupervisory local employee and one a supervisory local
employee. Neither local government employee may be a human resources
professional. The initial members appointed under this subdivision shall serve
terms expiring June 30, 2003; the terms of subsequent appointees shall be for
six years.
(5) One
member of the public at large appointed by the Governor. The initial member
appointed under this subdivision shall serve for a term expiring June 30, 2001;
the terms of subsequent appointees shall be for six years.
(b1) The Commission shall consist of nine members, appointed as follows:
(1) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall be an attorney licensed to practice law in North Carolina.
(2) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall be an attorney licensed to practice law in North Carolina.
(3) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall be from private business or industry and who shall have a working knowledge of, or practical experience in, human resources management.
(4) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall be from private business or industry and who shall have a working knowledge of, or practical experience in, human resources management.
(5) One member who is a veteran of the Armed Forces of the United States appointed by the Governor upon the nomination of the Veterans Affairs Commission and who is a State employee subject to this Chapter serving in a nonexempt supervisory position. The member may not be a human resources professional. The Governor shall consider nominations submitted by the State Employees Association of North Carolina.
(6) One member appointed by the Governor who is a State employee subject to this Chapter serving in a nonexempt nonsupervisory position. The member may not be a human resources professional. The Governor shall consider nominations submitted by the State Employees Association of North Carolina.
(7) One member appointed by the Governor upon the recommendation of the North Carolina Association of County Commissioners who is a local government employee subject to this Chapter serving in a supervisory position. The member may not be a human resources professional.
(8) One member appointed by the Governor upon the recommendation of the North Carolina Association of County Commissioners who is a local government employee subject to this Chapter serving in a nonsupervisory position. The member may not be a human resources professional.
(9) One member of the public at large appointed by the Governor.
(c) Each member of the Commission shall be appointed for a term of four years. Members of the Commission may serve no more than two consecutive terms. Appointments by the General Assembly shall be made in accordance with G.S. 120-121, and vacancies in those appointments shall be filled in accordance with G.S. 120-122. Vacancies in appointments made by the Governor occurring prior to the expiration of a term shall be filled by appointment for the unexpired term.
(d) No member of the Commission may serve on a case where there would be a conflict of interest. The appointing authority may at any time remove any Commission member for cause.
(e) Members of the
Commission who are State or local government employees subject to the State
Personnel Actthis Chapter shall be entitled to administrative leave
without loss of pay for all periods of time required to conduct the business of
the Commission.
(f) Six members of the Commission shall constitute a quorum.
(g) The Governor shall designate one member of the Commission as chair.
(h) The Commission shall meet quarterly, and at other times at the call of the chair."
SECTION 2.19.(b) The terms of the two attorney members appointed under G.S. 126-2(b)(1) serving on the Commission on January 1, 2013, shall expire on June 30, 2013. The terms of the persons from private business or industry appointed under G.S. 126-2(b)(2), serving on the Commission on January 1, 2013, shall expire on June 30, 2014. The terms of the two State employees appointed under G.S. 126-2(b)(3) serving on the Commission on January 1, 2013, shall expire on June 30, 2013. The terms of the two local government employees appointed under G.S. 126-2(b)(4), serving on the Commission on January 1, 2013, shall expire on June 30, 2014. The term of the public at-large member appointed under G.S. 126-2(b)(5), serving on the Commission on January 1, 2013, shall expire June 30, 2013.
SECTION 2.19.(c) This section is effective when it becomes law.
NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION
SECTION 2.20. G.S. 17C-3(a) reads as rewritten:
"(a) There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 31 members as follows:
(1) Police Chiefs. - Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2) Police Officers.
- Three police officials appointed by the North Carolina Police Executives
Association and two one criminal justice officers officer
certified by the Commission as selected by the North Carolina Law-Enforcement
Officers' Association.Association of Chiefs of Police.
(3) Departments. - The Attorney General of the State of North Carolina; the Secretary of Public Safety; the President of the North Carolina Community Colleges System.
(3a) Repealed by Session Laws 2001-490, s. 1.2, effective June 30, 2001.
(4) At-large Groups. - One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law-enforcement training officer selected by the North Carolina Law-Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law-enforcement officer selected by the North State Law-Enforcement Officers' Association; one member selected by the North Carolina Law-Enforcement Women's Association; one individual selected by the North Carolina Sheriff's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and Others. - The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall be for two-year terms to conclude on June 30th in odd-numbered years.
(6) Correctional Officers. - Four correctional officers in management positions employed by the Division of Adult Correction of the Department of Public Safety shall be appointed, two from the Section of Community Corrections of the Division of Adult Correction upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons of the Division of Adult Correction upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years. The Governor shall appoint one correctional officer employed by the Division of Adult Correction of the Department of Public Safety and assigned to the Office of Staff Development and Training. The Governor's appointment shall serve a three-year term.
PART III. ISSUES RELATING TO INDEPENDENT OCCUPATIONAL LICENSING BOARDS
SECTION 3.1. Chapter 93B of the General Statutes is amended by adding a new section to read:
"§ 93B-8.1. Use of criminal history records.
(a) The following definitions apply in this section:
(1) Applicant. - A person who makes application for licensure from an occupational licensing board.
(2) Board. - An occupational licensing board as defined in G.S. 93B-1.
(3) Criminal history record. - A State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant's or a licensee's fitness to be licensed or disciplined.
(4) Licensee. - A person who has obtained a license to engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) Unless the law governing a particular occupational licensing board provides otherwise, a board shall not automatically deny licensure on the basis of an applicant's criminal history. If the board is authorized to deny a license to an applicant on the basis of conviction of any crime or for commission of a crime involving fraud or moral turpitude, and the applicant's verified criminal history record reveals one or more convictions of any crime, the board may deny the license if it finds that denial is warranted after consideration of the following factors:
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The age of the person at the time of the crime.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(7) The subsequent commission of a crime by the applicant.
(c) The board may deny licensure to an applicant who refuses to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories."
SECTION 3.2. The Joint Legislative Program Evaluation Oversight Committee shall include in the 2013-2014 Work Plan for the Program Evaluation Division of the General Assembly a study to evaluate the structure, organization, and operation of the various independent occupational licensing boards. For purposes of this act, the term "occupational licensing board" has the same meaning as defined in G.S. 93B-1. The Program Evaluation Division shall include the following within this study:
(1) Consideration of the feasibility of establishing a single State agency to oversee the administration of all or some of the occupational licensing boards.
(2) Whether greater efficiency and cost-effectiveness can be realized by combining the administrative functions of the boards, while allowing the boards to continue performing the regulatory functions.
(3) Whether the total number of boards should be reduced by combining and/or eliminating some boards.
SECTION 3.3. The Program Evaluation Division shall submit its findings and recommendations from Section 3.2 of this act to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Administrative Procedure Oversight Committee at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee.
Part IV. Effective Date
SECTION 4.1. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 4.2. Unless otherwise provided, this act is effective when it becomes law. If the terms of office eliminated in this act have not been set out, then the appointing authorities shall determine by July 1, 2013, which terms to eliminate to achieve the membership totals pursuant to this act. After determining which terms to eliminate, the appointing authority shall notify in writing all the persons and entities required to receive notification pursuant to G.S. 143-47.7.