Bill Text: NC S851 | 2011-2012 | Regular Session | Introduced
Bill Title: Boards & Commissions Efficiency Act of 2012
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-06-06 - Re-ref Com On Finance [S851 Detail]
Download: North_Carolina-2011-S851-Introduced.html
FILED SENATE May 21, 2012 S.B. 851 PRINCIPAL CLERK
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S D
SENATE DRS95208-LGfz-151E* (2/19)
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Short Title: Boards & Commissions Efficiency Act of 2012. |
(Public) |
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Sponsors: |
Senators Brown, Rouzer, and Soucek (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to improve the efficiency of state government by abolishing certain state boards, commissions, and committees, reorganizing the membership of some state boards, commissions, and committees, and making conforming changes, as recommended by the joint regulatory reform COMMITTEE.
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
Legislative intent and findings
SECTION 1. The intent of the North Carolina General Assembly is to ensure wise expenditures of taxpayer dollars and increase efficiency in governmental services. Legislative findings indicate more than 500 boards and commissions containing more than 5,000 members were authorized by statute and by Executive Order as of January 2011. Additional findings suggest the average cost to the State is almost eight hundred dollars ($800.00) per member per year. The steady proliferation of executive boards and commissions has done little to improve the functioning of government or the services provided to citizens at substantial costs to the taxpayer. Therefore, it is the intent of the General Assembly to both eliminate and diminish membership of certain boards and commissions in order to eliminate financial waste and provide more efficient and effective services to the citizens of North Carolina.
Governor's Advisory Council on Aging
SECTION 1.1. G.S. 143B‑138.1(b)(2) and Part 14 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑180 and G.S. 143B‑181, are repealed.
North Carolina Agricultural Hall of Fame Board of Directors
SECTION 1.2.(a) G.S. 106‑568.14 and G.S. 106‑568.15 are repealed.
SECTION 1.2.(b) G.S. 106‑568.16 reads as rewritten:
"§ 106‑568.16. Admission of candidates to Hall of Fame.
The said boardBoard of Agriculture is hereby
empowered to formulate rules and regulations governing acceptance and
admission of candidates to said the North Carolina Agricultural
Hall of Fame, provided that no name shall be accepted until an authentic and
written record of achievements of said person in agricultural activities shall
have been presented to and accepted by a majority vote of said board created by
this Article, and provided that both men and women are eligible for
recognition."
SECTION 1.2.(c) G.S. 106‑568.17 reads as rewritten:
"§ 106‑568.17. Acceptance of gifts, devises, and awards; display thereof.
The said board Board of Agriculture is hereby
empowered to accept and receive gifts, devises, and awards which are to
become the sole property of said the North Carolina Agricultural
Hall of Fame and are to be kept in a proper manner in a suitable room or hall
in some state‑owned building in Raleigh, provided that duplicates of such
gifts, devises, and awards may be displayed in a suitable room or hall in
the School of Agriculture of the North Carolina State College of Agriculture
and Engineering at Raleigh, North Carolina."
Agriculture and Forestry Awareness Study Commission
SECTION 1.3. Article 19 of Chapter 120 of the General Statutes, G.S. 120‑150 through G.S. 120‑154, and G.S. 143‑318.14A(a)(15) are repealed.
America's four hundredth Anniversary Commission
SECTION 1.4.(a) Part 13 of Article 2 of Chapter 143B of the General Statutes, G.S. 143B‑85 and G.S. 143B‑86, and G.S. 143B‑51(b)(15) are repealed.
SECTION 1.4.(b) G.S. 143B‑53 reads as rewritten:
"§ 143B‑53. Organization of the Department.
The Department of Cultural Resources shall be organized
initially to include the Art Commission, the Art Museum Building Commission,
the North Carolina Historical Commission, the Tryon Palace Commission, the
U.S.S. North Carolina Battleship Commission, the Sir Walter Raleigh Commission,
the Executive Mansion Fine Arts Committee, the American Revolution Bicentennial
Committee, the North Carolina Awards Committee, the America's Four Hundredth
Anniversary Committee, the North Carolina Arts Council, the Public
Librarian Certification Commission, the State Library Commission, the North
Carolina Symphony Society, Inc., the North Carolina State Art Society, and the
Division of the State Library, the Division of Archives and History, the
Division of the Arts, and such other divisions as may be established under the
provisions of the Executive Organization Act of 1973."
Commission of Anatomy
SECTION 1.5.(a) Part 1 of Article 1B of Chapter 130A of the General Statutes, except G.S. 130A‑33.22, is repealed.
SECTION 1.5.(b) G.S. 130A‑29 reads as rewritten:
"§ 130A‑29. Commission for Public Health Creation, powers and duties.
(a) The Commission for Public Health is created with the authority and duty to adopt rules to protect and promote the public health.
(b) The Commission is authorized to adopt rules necessary to implement the public health programs administered by the Department as provided in this Chapter.
(c) The Commission shall adopt rules:
(11) Pertaining to the distribution of dead human bodies and parts thereof for the purpose of promoting the study of anatomy in the State of North Carolina. The Commission is authorized to receive dead bodies pursuant to G.S. 130A‑412.13 and to be a donee of a body or parts thereof pursuant to Part 3A of Article 16 of Chapter 130A of the General Statutes known as the Revised Uniform Anatomical Gift Act and to distribute such bodies or parts thereof pursuant to the rules adopted by the Commission.
(d) The Commission is authorized to create:
(1) Metropolitan water districts as provided in G.S. 162A‑33;
(2) Sanitary districts as provided in Part 2 of Article 2 of this Chapter; and
(3) Mosquito control districts as provided in Part 2 of Article 12 of this Chapter.
(e) Rules adopted by the Commission shall be enforced by the Department."
SECTION 1.5.(c) G.S. 130A‑33.32 is recodified as G.S. 130A‑33.1 and reads as rewritten:
"§ 130A‑33.1.
Commission of Anatomyfor Public Health Reference to former
Board of Anatomy in testamentary disposition.
A testamentary disposition of a body or part thereof to the
former Board of Anatomy shall be deemed in all respects to be a disposition to
the Commission of Anatomy.for Public Health."
SECTION 1.5.(d) G.S. 130A‑398 reads as rewritten:
"§ 130A‑398. Limitation on right to perform autopsy.
The right to perform an autopsy shall be limited to those cases in which:
(2) The Commission of Anatomy,for Public
Health, acting pursuant to G.S. 130A‑415, has given written
consent for an autopsy to be performed on an unclaimed body;
."
SECTION 1.5.(e) G.S. 130A‑412.13 reads as rewritten:
"§ 130A‑412.13. Persons that may receive anatomical gift; purpose of anatomical gift.
(a) An anatomical gift may be made to the following persons named in the document of gift:
(1) A hospital; accredited medical school, dental
school, college, or university; organ procurement organization; or other
appropriate person, including the Commission on Anatomy,for Public
Health, for research or education;
(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the body part;
(3) An eye bank or tissue bank.
."
SECTION 1.5.(f) G.S. 130A‑415 reads as rewritten:
"§ 130A‑415. Unclaimed bodies; bodies claimed by the Lifeguardianship Council of the Association for Retarded Citizens of North Carolina; disposition.
(a) Any person, including officers, employees and
agents of the State or of any unit of local government in the State,
undertakers doing business within the State, hospitals, nursing homes or other
institutions, having physical possession of a dead body shall make reasonable
efforts to contact relatives of the deceased or other persons who may wish to
claim the body for final disposition. If the body remains unclaimed for final
disposition for 10 days, the person having possession shall notify the
Commission of Anatomy.for Public Health. Upon request of the
Commission of Anatomy,for Public Health, the person having
possession shall deliver the dead body to the Commission of Anatomyfor
Public Health at a time and place specified by the Commission of Anatomyfor
Public Health or shall permit the Commission of Anatomyfor Public
Health to take and remove the body.
(b) All dead bodies not claimed for final disposition
within 10 days of the decedent's death may be received and delivered by the
Commission of Anatomyfor Public Health pursuant to the authority
contained in G.S. 130A‑33.30G.S. 130A‑29
and this Part and in accordance with the rules of the Commission of Anatomy.for
Public Health. Upon receipt of a body by the Commission of Anatomyfor
Public Health all interests in and rights to the unclaimed dead body shall
vest in the Commission of Anatomy.for Public Health. The
recipient to which the Commission of Anatomyfor Public Health
delivers the body shall pay all expenses for the embalming and delivery of the
body, and for the reasonable expenses arising from efforts to notify relatives
or others.
(b1) The 10‑day period referenced in subsections (a) and (b) of this section may be shortened by the county director of social services upon determination that a dead body will not be claimed for final disposition within the 10‑day period.
(c) Should the Commission of Anatomyfor
Public Health decline to receive a dead body, the person with possession
shall inform the director of social services of the county in which the body is
located. The director of social services of that county shall arrange for
prompt final disposition of the body, either by cremation or burial. Reasonable
costs of disposition and of efforts made to notify relatives and others shall
be considered funeral expenses and shall be paid in accordance with G.S. 28A‑19‑6
and G.S. 28A‑19‑8. If those expenses cannot be satisfied from
the decedent's estate, they shall be borne by the decedent's county of
residence. If the deceased is not a resident of this State, or if the county of
residence is unknown, those expenses shall be borne by the county in which the
death occurred.
(d) No autopsy shall be performed on an unclaimed body
without the written consent of the Commission of Anatomyfor Public
Health except that written consent is not required for an autopsy performed
pursuant to Part 2 of this Article.
(e) Due caution shall be taken to shield the unclaimed body from public view.
(f) Notwithstanding anything contained in this section, an unclaimed body shall not mean a dead body for which the deceased has made a gift pursuant to Part 3A of this Article.
(g) Nothing in this Part shall require the officers,
employees or agents of a county to notify the Commission of Anatomyfor
Public Health regarding the bodies of minors who were in the custody of the
county at the time of death and whose final disposition will be arranged by the
county. In the absence of notification, the expenses of the final disposition
shall be a charge upon the county having custody.
(h) The provisions of this Part shall not apply to bodies within the jurisdiction of the medical examiner under G.S. 130A‑383 or 130A‑384.
(i) In addition to the other duties of the Commission
of Anatomy,for Public Health, when the Commission of Anatomyfor
Public Health is notified by the Lifeguardianship Council of the
Association of Retarded Citizens of North Carolina, Inc., that the Council
intends to claim a body, the Commission shall release the body to the Council.
The Lifeguardianship Council shall notify the Commission of Anatomyfor
Public Health within 24 hours after death of its intent to claim a body for
burial or other humane and caring disposition."
SECTION 1.5.(g) G.S. 130A‑416 reads as rewritten:
"§ 130A‑416.
Commission of Anatomyfor Public Health rules.
The Commission of Anatomyfor Public Health is
authorized to adopt rules necessary to implement the provisions of this Part."
SECTION 1.5.(h) G.S. 130A‑418 reads as rewritten:
"§ 130A‑418. Deceased migrant agricultural workers and their dependents.
(b) If the identity of the person cannot be determined
within a reasonable period of time, or if the body is unclaimed 10 days after
death, the body shall be offered to the Commission of Anatomyfor
Public Health and, upon its request, shall be delivered to the Commission of
Anatomy.for Public Health. If the Commission of Anatomyfor
Public Health does not request an unclaimed body offered it or the estate,
and if the relatives or other interested persons claiming the body are unable
to provide for the final disposition of the migrant agricultural worker or
dependent, the Department is authorized and directed to arrange for the final
disposition of the decedent.
."
SECTION 1.5.(i) G.S. 143B‑138.1 reads as rewritten:
"§ 143B‑138.1. Department of Health and Human Services functions and organization.
(d) All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in G.S. 143A‑6:
(1) Commission for Public Health.
(2) Council on Sickle Cell Syndrome.
(3) Repealed by Session Laws 2011‑266, s. 1.30(b), effective July 1, 2011.
(4) Commission of Anatomy.
(5) Minority Health Advisory Council.
(6) Advisory Committee on Cancer Coordination and Control.
."
North Carolina Apprenticeship Council
SECTION 1.6.(a) Chapter 94 of the General Statutes reads as rewritten:
"Chapter 94.
"Apprenticeship.
"§ 94‑1. Purpose.
The purposes of this Chapter are: to open to young people the
opportunity to obtain training that will equip them for profitable employment
and citizenship; to set up, as a means to this end, a program of voluntary
apprenticeship under approved apprentice agreements providing facilities for
their training and guidance in the arts and crafts of industry and trade, with
parallel instruction in related and supplementary education; to promote
employment opportunities for young people under conditions providing adequate
training and reasonable earnings; to relate the supply of skilled workers to
employment demands; to establish standards for apprentice training; to
establish an Apprenticeship Council and apprenticeship committees and sponsors
to assist in effectuating the purposes of this Chapter; to provide for a
Director of Apprenticeship within the Department of Labor; to provide for
reports to the legislature and to the public regarding the status of apprentice
training in the State; to establish a procedure for the determination of
apprentice agreement controversies; and to accomplish related ends.
"§ 94‑2.
Apprenticeship Council.
The Commissioner of Labor shall appoint an Apprenticeship
Council composed of four representatives each from employer and employee
organizations respectively and three representatives from the public at large.
One State official designated by the Department of Public Instruction and one
State official designated by the Department of Community Colleges shall be a
member ex officio of said council, without vote. The terms of office of the
members of the Apprenticeship Council first appointed by the Commissioner of
Labor shall expire as designated by the Commissioner at the time of making the
appointment: two representatives each of employers and employees, being
appointed for one year and one representative of the public at large being
appointed for two years; and one representative each of employers, employees,
and the public at large being appointed for a term of three years. Any member
appointed to fill a vacancy occurring prior to the expiration of the term of
his predecessor shall be appointed for the remainder of said term. Each member
of the Council not otherwise compensated by public moneys, shall be reimbursed
for transportation and shall receive such per diem compensation as is provided
generally for boards and commissions under the biennial maintenance
appropriation acts for each day spent in attendance at meetings of the
Apprenticeship Council. The Commissioner of Labor shall annually appoint one
member of the Council to act as its chairman.
The Apprenticeship Council shall meet at the call of the
Commissioner of Labor and shall aid him in formulating policies for the
effective administration of this Chapter. Subject to the approval of the
Commissioner, the Apprenticeship Council shall establish standards for
apprentice agreement which in no case shall be lower than those prescribed by
this Chapter, shall issue such rules and regulations as may be necessary to
carry out the intent and purposes of said Chapter, and shall perform such other
functions as the Commissioner may direct. Not less than once a year the
Apprenticeship Council shall make a report through the Commissioner of Labor
of its activities and findings to the legislature and to the public.
"§ 94‑3. Director of Apprenticeship.
The Commissioner of Labor is hereby directed to appoint a
Director of Apprenticeship which appointment shall be subject to the
confirmation of the State Apprenticeship Council by a majority vote.Apprenticeship.
The Commissioner of Labor is further authorized to appoint and employ such clerical,
technical, and professional help as shall be necessary to effectuate the
purposes of this Chapter.
"§ 94‑5. Apprenticeship committees and program sponsors.
(a) As used in this Chapter:
(5) "Apprenticeship committee" means those
persons designated by the sponsor, and approved by the Apprenticeship
Council,Commissioner of Labor to act for it in the administration of
the apprenticeship program. A committee may be "joint," i.e., it is
composed of an equal number of representatives of the employer(s) and of the
employees represented by a bona fide collective bargaining agent(s) and has
been established to conduct, operate or administer an apprenticeship program
and enter into apprenticeship agreements with apprentices. A committee may be "unilateral"
or "nonjoint" which shall mean a program sponsor in which employees
or a bona fide collective bargaining agent is not a party.
(b) An apprenticeship committee may be appointed by
the Apprenticeship CouncilCommissioner of Labor in any trade or
group of trades in a city or trade area, whenever the apprentice training needs
of such trade or group of trades justifies such establishment.
"§ 94‑6. Definition of an apprentice.
The term "apprentice," as used herein, shall mean a
person at least 16 years of age who is covered by a written apprenticeship
agreement approved by the Apprenticeship Council,Commissioner of
Labor, which apprenticeship agreement provides for not less than 2,000
hours of reasonably continuous employment for such person for his participation
in an approved schedule of work experience and for organized, related
supplemental instruction in technical subjects related to the trade. A minimum
of 144 hours of related supplemental instruction for each year of
apprenticeship is recommended. The required hours for apprenticeship agreements
and the recommended hours for related supplemental instruction may be decreased
or increased in accordance with standards adopted by the apprenticeship
committee or sponsor, subject to approval of the Commissioner of Labor.
"§ 94‑7. Contents of agreement.
Every apprentice agreement entered into under this Chapter shall contain:
(8) A provision that all controversies or differences
concerning the apprentice agreement which cannot be adjusted locally in
accordance with G.S. 94‑5 shall be submitted to the Director for
determination.
."
SECTION 1.6.(b) G.S. 143A‑71 is repealed.
North Carolina Art Society, Inc.
SECTION 1.7.(a) Effective October 1, 2012, G.S. 105‑275(41) is repealed.
SECTION 1.7.(b) Effective October 1, 2012, G.S. 135‑27 reads as rewritten:
"§ 135‑27. Transfers from State to certain association service.
(d) The governing board of any association or
organization listed in subsection (a), in its discretion, may elect on or
before July 1, 1983, by an appropriate resolution of said board, to cause the
employees of such association or organization so employed prior to July 1,
1983, to become members of the Teachers' and State Employees' Retirement
System. Such Retirement System coverage shall be conditioned on such
association's or organization's paying all of the employer's contributions or
matching funds from funds of the association or organization and on such board's
collecting from its employees the employees' contributions at such rates as may
be fixed by law and by the regulations of the Board of Trustees of the
Retirement System, all of such funds to be paid to the Retirement System and
placed in the appropriate funds. Retroactive coverage of the employees of any
such association or organization may also be effected to the extent that such
board requests; provided, the association or organization shall pay all of the
employer's contributions or matching funds necessary for such purposes; and,
provided further, such association or organization shall collect from its
employees all employees' contributions necessary for such purpose, computed at
such rates and in such amount as the Board of Trustees of the Retirement System
shall determine, all of such funds to be paid to the Retirement System,
together with such interest as may be due, and placed in the appropriate funds.
The provisions of this subsection shall be fully applicable to the North
Carolina Symphony Society, Inc. and the North Carolina State Art Society, Inc.
."
SECTION 1.7.(c) Effective October 1, 2012, Article 3 of Chapter 140 of the General Statutes, G.S. 143B‑51(7), and Part 15 of Article 2 of Chapter 143B of the General Statutes are repealed.
SECTION 1.7.(d) Effective October 1, 2012, G.S. 143B‑53, as amended by Section 1.4(c) of this act, reads as rewritten:
"§ 143B‑53. Organization of the Department.
The Department of Cultural Resources shall be organized
initially to include the Art Commission, the Art Museum Building Commission,
the North Carolina Historical Commission, the Tryon Palace Commission, the
U.S.S. North Carolina Battleship Commission, the Sir Walter Raleigh Commission,
the Executive Mansion Fine Arts Committee, the American Revolution Bicentennial
Committee, the North Carolina Awards Committee, the North Carolina Arts
Council, the Public Librarian Certification Commission, the State Library
Commission, the North Carolina Symphony Society, Inc., the North Carolina
State Art Society, and the Division of the State Library, the Division of
Archives and History, the Division of the Arts, and such other divisions as may
be established under the provisions of the Executive Organization Act of 1973."
Beaver Damage Control Advisory Board
SECTION 1.8. G.S. 113‑291.10 is repealed.
Consumer and Advocacy Advisory Committee for the Blind
SECTION 1.9.(a) Part 9 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑163 and G.S. 143B‑164, and G.S. 143B‑131.1(b)(5) are repealed.
SECTION 1.9.(b) G.S. 143B‑157 reads as rewritten:
"§ 143B‑157. Commission for the Blind creation, powers and duties.
There is recreated the Commission for the Blind of the Department of Health and Human Services with the power and duty to adopt rules governing the conduct of the State's rehabilitative programs for the blind that are necessary to carry out the provisions and purposes of this Article.
(3h) The Commission shall make a continuing study of the entire range of problems and needs of the blind and visually impaired population of this State and make specific recommendations to the Secretary of Health and Human Services as to how these may be solved or alleviated through legislative action. The Commission shall examine national trends and programs of other states, as well as programs and priorities in North Carolina. Because of the cost of treating persons who lose their vision, the Commission's duties shall also include studying and making recommendations to the Secretary of Health and Human Services concerning methods of preventing blindness and restoring vision;
(3i) The Commission shall advise all State boards, commissions, agencies, divisions, departments, schools, corporations, or other State‑administered associations or entities, including the secretary, director, and members of said boards, commissions, agencies, divisions, departments, and schools, on the needs of the citizens of the State of North Carolina who are now or will become visually impaired;
(3j) The Commission shall also advise every State board, commission, agency, division, department, school, corporation, or other State‑administered associations or entities concerning sight conservation programs that it supervises, administers, or controls;
."
Blount street historic district oversight committee
SECTION 1.10. Sections 3 and 4 of S.L. 2003‑404 are repealed.
North Carolina Brain Injury Advisory Council
SECTION 1.11. Part 33 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑216.65 and G.S. 143B‑216.66, is repealed.
North Carolina Capital Planning Commission
SECTION 1.12. Part 3 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑373 and G.S. 143‑143B‑374, is repealed.
nORTH CAROLINA CENTER FOR NURSING
SECTION 1.13.(a) G.S. 90‑171.71 reads as rewritten:
"§ 90‑171.71.
North Carolina Center for Nursing; governing board.Nursing.
(a) The North Carolina Center for Nursing
shall be governed by a policy‑setting board of directors. The Board shall
consist of 16 members, with a simple majority of the Board being nurses
representative of various practice areas. Other members shall include
representatives of other health care professions, business and industry, health
care providers, and consumers. The Board shall be appointed as follows:
(1) Four members appointed by the General
Assembly upon recommendation of the President Pro Tempore of the Senate, at
least one of whom shall be a registered nurse and at least one other a
representative of the hospital industry;
(2) Four members appointed by the General
Assembly upon the recommendation of the Speaker of the House of
Representatives, at least one of whom shall be a registered nurse and at least
one other a representative of the long‑term care industry;
(3) Four members appointed by the Governor,
two of whom shall be registered nurses; and
(4) Four nurse educators, one of whom shall
be appointed by the Board of Governors of The University of North Carolina, one
other by the State Board of Community Colleges, one other by the North Carolina
Association of Independent Colleges and Universities, and one by the Area
Health Education Centers Program.
(b) The initial terms of the members shall
be as follows:
(1) Of the members appointed pursuant to
subdivision (1) of subsection (a) of this section, two shall be appointed for
terms expiring June 30, 1994, one for a term expiring June 30, 1993, and one
for a term expiring June 30, 1992;
(2) Of the members appointed pursuant to
subdivision (2) of subsection (a) of this section, one shall be appointed for a
term expiring June 30, 1994, two for terms expiring June 30, 1993, and one for
a term expiring June 30, 1992;
(3) Of the members appointed pursuant to
subdivision (3) of subsection (a) of this section, one shall be appointed for a
term expiring June 30, 1994, one for a term expiring June 30, 1993, and two for
terms expiring June 30, 1992; and
(4) Of the members appointed pursuant to
subdivision (4) of subsection (a) of this section, the terms of the members
appointed by the Board of Governors of The University of North Carolina and the
State Board of Community Colleges shall expire June 30, 1994; the term of the
member appointed by the North Carolina Association of Independent Colleges
shall expire June 30, 1993; and the term of the member appointed by the Area
Health Education Centers Program shall expire June 30, 1992.
After the initial appointments expire, the terms of all of
the members shall be three years, with no member serving more than two
consecutive terms.
(c) The Board of Directors shall have the
following powers and duties:
(1) To employ the executive director;
(2) To determine operational policy;
(3) To elect a chairperson and officers, to
serve two‑year terms. The chairperson and officers may not succeed
themselves;
(4) To establish committees of the Board as
needed;
(5) To appoint a multidisciplinary advisory
council for input and advice on policy matters;
(6) To implement the major functions of the
Center for Nursing as established in the goals set out in subsection (a) of
this section; and
(7) To seek and accept non‑State funds
for carrying out Center policy.
(d) The Board shall receive the per diem and
allowances prescribed by G.S. 138‑5 for State boards and
commissions.
(e) The North Carolina Center for Nursing shall be
administered by The University of North Carolina through the Center's Board
of Directors established under this section.Carolina."
SECTION 1.13.(b) G.S. 126‑5 reads as rewritten:
"§ 126‑5. Employees subject to Chapter; exemptions.
(c1) Except as to the provisions of Articles 6 and 7 of this Chapter, the provisions of this Chapter shall not apply to:
(16) The executive director and one associate
director of the North Carolina Center for Nursing established under Article 9F
of Chapter 90 of the General Statutes.
."
North Carolina Child Fatality Task Force
SECTION 1.14.(a) G.S. 7B‑1402, 7B‑1403, and 7B‑1412 are repealed.
SECTION 1.14.(b) G.S. 7B‑1401 reads as rewritten:
"§ 7B‑1401. Definitions.
The following definitions apply in this Article:
(1) Additional Child Fatality. Any death of a child that did not result from suspected abuse or neglect and about which no report of abuse or neglect had been made to the county department of social services within the previous 12 months.
(2) Local Team. A Community Child Protection Team or a Child Fatality Prevention Team.
(3) State Team. The North Carolina Child Fatality Prevention Team.
(4) Task Force. The North Carolina Child
Fatality Task Force.
(5) Team Coordinator. The Child Fatality Prevention Team Coordinator."
SECTION 1.14.(c) G.S. 7B‑1404 reads as rewritten:
"§ 7B‑1404. State Team creation; membership; vacancies.
(a) There is created the North Carolina Child Fatality Prevention Team within the Department of Health and Human Services for budgetary purposes only.
(b) The State Team shall be composed of the following 11 members of whom nine members are ex officio and two are appointed:
(1) The Chief Medical Examiner, who shall chair the State Team;
(2) The Attorney General;
(3) The Director of the Division of Social Services, Department of Health and Human Services;
(4) The Director of the State Bureau of Investigation;
(5) The Director of the Division of Maternal and Child Health of the Department of Health and Human Services;
(6) The Superintendent of Public Instruction;
(7) The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, Department of Health and Human Services;
(8) The Director of the Administrative Office of the Courts;
(9) The A pediatrician appointed pursuant
to G.S. 7B‑1402(b) to the Task Force;by the Governor;
(10) A public member, appointed by the Governor; and
(11) The Team Coordinator.
The ex officio members other than the Chief Medical Examiner may designate a representative from their departments, divisions, or offices to represent them on the State Team.
(c) All members of the State Team are voting members. Vacancies in the appointed membership shall be filled by the appointing officer who made the initial appointment."
SECTION 1.14.(d) G.S. 7B‑1405 reads as rewritten:
"§ 7B‑1405. State Team duties.
The State Team shall:
(1) Review current deaths of children when those deaths are attributed to child abuse or neglect or when the decedent was reported as an abused or neglected juvenile pursuant to G.S. 7B‑301 at any time before death;
(2) Report to the Task Force during the existence of
the Task Force, in the format and at the time required by the Task Force,Department
of Health and Human Services on the State Team's activities and its recommendations
for changes to any law, rule, and policy that would promote the safety and well‑being
of children;
(3) Upon request of a Local Team, provide technical assistance to the Team;
(4) Periodically assess the operations of the multidisciplinary child fatality prevention system and make recommendations for changes as needed;
(5) Work with the Team Coordinator to develop guidelines for selecting child deaths to receive detailed, multidisciplinary death reviews by Local Teams that review cases of additional child fatalities; and
(6) Receive reports of findings and recommendations from Local Teams that review cases of additional child fatalities and work with the Team Coordinator to implement recommendations."
SECTION 1.14.(e) G.S. 7B‑1413 reads as rewritten:
"§ 7B‑1413. Access to records.
(a) The State Team, Team and the Local Teams,
and the Task Force during its existence, Teams shall have access to
all medical records, hospital records, and records maintained by this State,
any county, or any local agency as necessary to carry out the purposes of this
Article, including police investigations data, medical examiner investigative
data, health records, mental health records, and social services records. The
State Team, the Task Force,Team and the Local Teams shall not, as
part of the reviews authorized under this Article, contact, question, or
interview the child, the parent of the child, or any other family member of the
child whose record is being reviewed. Any member of a Local Team may share,
only in an official meeting of that Local Team, any information available to
that member that the Local Team needs to carry out its duties.
(c) All otherwise confidential information and records
acquired by the State Team, Team and the Local Teams, and the
Task Force during its existence,Teams in the exercise of their
duties are confidential; are not subject to discovery or introduction into
evidence in any proceedings; and may only be disclosed as necessary to carry
out the purposes of the State Team,Team and the Local Teams,
and the Task Force.Teams. In addition, all otherwise confidential
information and records created by a Local Team in the exercise of its duties
are confidential; are not subject to discovery or introduction into evidence in
any proceedings; and may only be disclosed as necessary to carry out the
purposes of the Local Team. No member of the State Team, a Local Team, nor any
person who attends a meeting of the State Team or a Local Team, may testify in
any proceeding about what transpired at the meeting, about information
presented at the meeting, or about opinions formed by the person as a result of
the meetings. This subsection shall not, however, prohibit a person from
testifying in a civil or criminal action about matters within that person's
independent knowledge.
."
SECTION 1.14.(e) G.S. 7B‑1414 reads as rewritten:
"§ 7B‑1414. Administration; funding.
(a) To the extent of funds available, the chairs of
the Task Force and State Team may hire staff or consultants to assist the
Task Force and the State Team in completing their duties.
(b) Members, staff, and consultants of the Task
Force or State Team shall receive travel and subsistence expenses in
accordance with the provisions of G.S. 138‑5 or G.S. 138‑6,
as the case may be, paid from funds appropriated to implement this Article and
within the limits of those funds.
(c) With the approval of the Legislative
Services Commission, legislative staff and space in the Legislative Building
and the Legislative Office Building may be made available to the Task Force."
SECTION 1.14.(f) G.S. 7B‑2902 reads as rewritten:
"§ 7B‑2902. Disclosure in child fatality or near fatality cases.
(a) The following definitions apply in this section:
(2) Findings and information. A written summary, as allowed by subsections (c) through (f) of this section, of actions taken or services rendered by a public agency following receipt of information that a child might be in need of protection. The written summary shall include any of the following information the agency is able to provide:
a. The dates, outcomes, and results of any actions taken or services rendered.
b. The results of any review by the State Child
Fatality Prevention Team, a local child fatality prevention team, a local
community child protection team, the Child Fatality Task Force, or any
public agency.
c. Confirmation of the receipt of all reports, accepted or not accepted by the county department of social services, for investigation of suspected child abuse, neglect, or maltreatment, including confirmation that investigations were conducted, the results of the investigations, a description of the conduct of the most recent investigation and the services rendered, and a statement of basis for the department's decision.
(f) Access to criminal investigative reports and
criminal intelligence information of public law enforcement agencies and
confidential information in the possession of the State Child Fatality
Prevention Team, and the local teams, and the Child Fatality Task
Force, teams shall be governed by G.S. 132‑1.4 and G.S. 7B‑1413
respectively. Nothing herein shall be deemed to require the disclosure or
release of any information in the possession of a district attorney.
SECTION 1.14.(g) This section becomes effective June 30, 2013.
North Carolina Community Development Council
SECTION 1.15.(a) G.S. 143B‑432(c)(1), G.S. 143B‑433(2)b., and Part 2A of Article 10 of Chapter 143B of the General Statutes, G.S. 143B‑437.1 through G.S. 143B‑437.3, are repealed.
Continuing Education Advisory Committee
SECTION 1.16. G.S. 58‑33‑135 is repealed.
NORTH CAROLINA Board of CORRECTION
SECTION 1.17.(a) Subpart B of Article 13 of Chapter 143B of the General Statutes, G.S. 143B‑715, is repealed.
SECTION 1.17.(b) 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 Division of Adult Probation
and Parole, and such other divisions as may be established under the provisions
of the Executive Organization Act of 1973.
The Division shall establish a Substance Abuse Program. All substance abuse programs established or in existence shall be administered by the Division of Adult Correction of the Department of Public Safety under the Substance Abuse Program."
North Carolina Courts Commission
SECTION 1.18.(a) Article 40A of Chapter 7A of the General Statutes, G.S. 7A‑506 through G.S. 7A‑510, is repealed.
SECTION 1.18.(b) G.S. 15A‑266.5 reads as rewritten:
"§ 15A‑266.5. Tests to be performed on DNA sample.
(d) The Department of Justice, in consultation with
the Administrative Office of the Courts and the Conference of District
Attorneys, shall study, develop, and recommend an automated procedure to
facilitate the process of expunging DNA samples and records taken pursuant to G.S. 15A‑266.3A,
and shall report to the Joint Legislative Commission on Governmental
Operations, and the Joint Legislative Oversight Committee on Justice and
Public Safety, and the Courts Commission, on or before February 1, 2011."
Governor's Crime Commission
SECTION 1.19.(a) Subpart A of Part 6 of Article 13 of Chapter 143B of the General Statutes, G.S. 143B‑1100 through G.S. 143B‑1103, and G.S. 143A‑244 are repealed.
SECTION 1.19.(b) G.S. 143B‑600 reads as rewritten:
"§ 143B‑600. Organization.
(a) There is established the Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety, who shall be known as the Secretary. The Department shall consist of six divisions and an Office of External Affairs as follows:
(6) The Division of Administration, the head of which
shall be a deputy secretary responsible for all administrative functions,
including fiscal, auditing, information technology, purchasing, human
resources, training, engineering, and facility management functions for the
Department. Within the Division, there is established a Grants Management
Section, which shall consist of the Governor's Crime Commission, the
Criminal Justice Partnership Program,Program and the Juvenile
Crime Prevention Council Fund.
."
SECTION 1.19.(c) G.S. 143B‑602 reads as rewritten:
"§ 143B‑602. Powers and duties of the Secretary of Public Safety.
The Secretary of Public Safety shall have the powers and duties as are conferred on the Secretary by this Article, delegated to the Secretary by the Governor, and conferred on the Secretary by the Constitution and laws of this State. These powers and duties include the following:
(7) Reporting required prior to grant awards. Prior
to any notification of proposed grant awards to State agencies for use in
pursuing the objectives of the Governor's Crime Commission pursuant to
sub‑subdivisions a. through g. of subdivision (8) of this section, the
Secretary shall report to the Senate and House of Representatives
Appropriations Committees for review of the proposed grant awards.
."
SECTION 1.19.(d) G.S. 15A‑1336 reads as rewritten:
"§ 15A‑1336. Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act.
The Administrative Office of the Courts, in cooperation with
the North Carolina Coalition Against Domestic Violence and the North
Carolina Governor's Crime Commission,Violence, shall develop a form
to comply with the criminal case firearm notification requirements of the
Violence Against Women Act of 2005."
SECTION 1.19.(e) The prefatory language in G.S. 164‑42.1(a) reads as rewritten:
"§ 164‑42.1. Policy recommendations.
(a) Using the studies of the Special Committee on Prisons,
the Governor's Crime Commission,Prisons and other analyses,
including testimony from representatives of the bodies that conducted the
analyses, the Commission shall:"
Committee on Dropout Prevention
SECTION 1.20. Article 6B of Chapter 115C of the General Statutes, G.S. 115C‑64.6 through G.S. 115C‑64.9, is repealed.
Drought Management Advisory COUNCIL
SECTION 1.21.(a) G.S. 143‑355.1 is repealed.
SECTION 1.21.(b) G.S. 143‑355.2 reads as rewritten:
"§ 143‑355.2. Water conservation measures for drought.
(e) For purposes of this section, the drought
designation for an area shall be the U.S. Drought Monitor designation for the
county in which the water source is located as published by the Drought
Management Advisory Council.located. The Secretary may approve a
county drought designation that is different from the U.S. Drought Monitor
designation pursuant to G.S. 143‑355.1(f1).Monitor. If
the water source is located in more than one county and the counties have
different drought designations, the Council shall recommend to the Secretary
may apply the drought designation to be applied to water systems that
withdraw water from the water source. The recommendation of the Council
shall be based on the drought indicators identified in G.S. 143‑355.1(f)
as applied to the water source.
."
Edenton Historical Commission
SECTION 1.22.(a) Part 19 of Article 2 of Chapter 143B of the General Statutes, G.S. 143B‑95 through G.S. 143B‑98, is repealed.
SECTION 1.22.(b) G.S. 143B‑51(b)(24) is repealed.
Secretary of State's Advisory Council on Electronic Notary Standards
SECTION 1.23. The Secretary of State shall abolish the Advisory Council on Electronic Notary Standards no later than 30 days after the effective date of this act.
Electronic Recording Council
SECTION 1.24. G.S. 47‑16.5 reads as rewritten:
"§ 47‑16.5. Administration and standards.
(a) Standard‑Setting Agency. The Secretary of
State shall adopt standards to implement this Article upon recommendation of
the Electronic Recording Council. The Secretary of State may direct the Council
to revise any portion of the recommended standards the Secretary deems
inadequate or inappropriate.Article. Technological standards and
specifications adopted by the Secretary of State to implement this Article are
engineering standards for the purposes of G.S. 150B‑2(8a)h.
(b) Electronic Recording Council Created.
The Electronic Recording Council is created in the Department of the Secretary
of State to advise and assist the Secretary of State in the adoption of
standards to implement this Article. The Council shall review the functions
listed in G.S. 47‑16.4 and shall formulate and recommend to the
Secretary standards for recording electronic documents and implementing the
other functions listed in G.S. 47‑16.4. The Council shall report its
findings and recommendations to the Secretary of State at least once each
calendar year. The Council shall advise the Secretary of State on a continuing
basis of the need to adopt, amend, revise, or repeal standards. The Council may
advise the Secretary of State on any other matter the Secretary refers to the
Council.
(c) Council Membership, Terms, and
Vacancies. The Council shall consist of 13 members as follows:
(1) Seven members appointed by the North
Carolina Association of Registers of Deeds. It is the intent of the General
Assembly that the North Carolina Association of Registers of Deeds shall
appoint as members a representative selection of registers of deeds from large,
medium, and small counties, urban and rural counties, and the different
geographic areas of this State.
(2) One member appointed by the North
Carolina Bar Association.
(3) One member appointed by the North
Carolina Society of Land Surveyors.
(4) One member appointed by the North
Carolina Bankers Association.
(5) One member appointed by the North
Carolina Land Title Association.
(6) One member appointed by the North
Carolina Association of Assessing Officers.
(7) The Secretary of Cultural Resources or
the Secretary's designee.
In making appointments to the Council, each appointing
authority shall select appointees with the ability and commitment to fulfill
the purposes of the Council.
Appointed members shall serve four‑year terms,
except that the initial appointments by the North Carolina Bar
Association, the North Carolina Bankers Association, the North Carolina
Association of Assessing Officers, and three of the initial appointments by the
North Carolina Association of Registers of Deeds shall be for two years. All
initial terms shall commence on the effective date of this Article. Members
shall serve until their successors are appointed. An appointing authority may
reappoint a member for successive terms. A vacancy on the Council shall be
filled in the same manner in which the original appointment was made, and the
term shall be for the balance of the unexpired term.
(d) Council Meetings and Officers. The
Secretary of State shall call the first meeting of the Council. At the first
meeting and biennially thereafter, the Council shall elect from its membership
a chair and a vice‑chair to serve two‑year terms. Meetings may be
called by the chair, the vice‑chair, or the Secretary of State. Meetings
shall be held as often as necessary, but at least once a year.
(e) Council Compensation. None of the
members of the Council shall receive compensation for serving on the Council,
but Council members shall receive per diem, subsistence, and travel expenses in
accordance with G.S. 138‑5 and G.S. 138‑6, as applicable.
(f) Staff and Other Assistance. As soon
as practicable and as needed thereafter, the Council shall identify the
information technology expertise it needs and report its needs to the Secretary
of State. The Council shall also report any other expertise needed to fulfill
its responsibilities. The Secretary of State shall provide professional and
clerical staff and other services and supplies, including meeting space, as
needed for the Council to carry out its duties in an effective manner. The
Secretary of State may appoint additional committees to advise and assist the
Council in its work.
The Council shall consult with the North Carolina Local
Government Information Systems Association, and may consult with any other
person the Council deems appropriate, to advise and assist the Council in its
work.
(g) Uniformity of Standards. To keep the standards
and practices of registers of deeds in this State in harmony with the standards
and practices of recording offices in other jurisdictions that enact
substantially this Article and to keep the technology used by registers of
deeds in this State compatible with technology used by recording offices in
other jurisdictions that enact substantially this Article, the Secretary of
State and the Council shall consider all of the following in carrying
out their responsibilities under this Article, so far as is consistent with its
purposes, policies, and provisions:
(1) Standards and practices of other jurisdictions.
(2) The most recent standards adopted by national standard‑setting bodies, such as the Property Records Industry Association.
(3) The views of interested persons and other governmental officials and entities.
(4) The needs of counties of varying size, population, and resources.
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering."
Employment Security Advisory Councils
SECTION 1.25. G.S. 96‑4 reads as rewritten:
"§ 96‑4. Administration; powers and duties of the Assistant Secretary; Board of Review.
(g) Advisory Councils. The State Advisory
Council shall be composed of the Assistant Secretary and 15 persons
representing employers, employees, and the general public, to be appointed as
follows:
(1) Five members appointed by the Governor.
(2) Five members appointed by the President
Pro Tempore of the Senate.
(3) Five members appointed by the Speaker of
the House of Representatives.
Each member shall be appointed for a term of four years.
Vacancies on the State Advisory Council shall be filled by the appointing
authority. The Assistant Secretary shall serve as chair. A quorum of the State
Advisory Council shall consist of the chairman, or such appointed member as he
may designate, plus one half of the total appointed members. The function of
the Council shall be to aid the Division in formulating policies and discussing
problems related to the administration of this Chapter. Each member of the
State Advisory Council attending meetings of the Council shall be paid the same
amount per diem for his or her services as is provided for the members of other
State boards, commissions, and committees who receive compensation for their
services, including necessary time spent in traveling to and from his place of
residence within the State to the place of meeting while engaged in the
discharge of the duties of his office, and his actual mileage and subsistence at
the same rate allowed to State officials.
(h) Employment Stabilization. The Secretary of
Commerce, in consultation with the Assistant Secretary and with the advice
and aid of the advisory councils,Secretary, shall take all
appropriate steps to reduce and prevent unemployment; to encourage and assist
in the adoption of practical methods of vocational training, retraining and
vocational guidance; to investigate, recommend, advise, and assist in the
establishment and operation, by municipalities, counties, school districts, and
the State, of reserves for public works to be used in times of business
depression and unemployment; to promote the reemployment of unemployed workers
throughout the State in every other way that may be feasible; and to these ends
to carry on and publish the results of investigations and research studies.
."
North Carolina Farmworker Council
SECTION 1.26. Part 26 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑426.25 and G.S. 143B‑426.26, is repealed.
Justus‑Warren Heart Disease and Stroke Prevention Task Force
SECTION 1.27. Part 32 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑216.60, is repealed.
North Carolina Housing Partnership
SECTION 1.28.(a) G.S. 122E‑2 reads as rewritten:
"§ 122E‑2. Definitions.
As used in this Chapter:
(2) The term "Partnership" means
the North Carolina Housing Partnership.
."
SECTION 1.28.(b) G.S. 122E‑4 is repealed.
SECTION 1.28.(c) G.S. 122E‑5 reads as rewritten:
"§ 122E‑5. Administration.
(a) The North Carolina Housing Finance Agency shall
administer the Fund in accordance with the policies, rules and regulations
promulgated by the Partnership.Agency.
(b) The Agency's responsibilities shall include:
(1) The Management of the overall program for the use of the fund;
(2) Development of program design in accordance with
policies established by the Partnership;design;
(3) Development and management of a selection system
in accordance with policies established by the Partnership;system;
(4) Provision of technical assistance to prospective applicants; and
(5) Monitoring of projects to ensure compliance with applicable State and federal laws and regulations and relevant court decisions.
(6) The Agency shall promulgate rules and regulations
governing the administration of the Fund and its overall program for use of the
Fund in accordance with the policies, rules and regulations promulgated by
the Partnership.Fund.
."
SECTION 1.28.(d) G.S. 122E‑6 reads as rewritten:
"§ 122E‑6. Uses of funds.
Funds from the Fund shall be used to increase the supply of decent, affordable and energy‑efficient housing for low, very low, and moderate income residents of the State as defined in G.S. 122E‑2. Such funds shall be used to finance, in whole or in part, projects and activities eligible under this section. The Agency shall make available loans, grants, interest reduction payments, or other comparable forms of assistance to eligible applicants. Provided, however, that with regard to those funds of the Fund which are Stripper Well Litigation Funds or Diamond Shamrock Funds, grants shall be from both the principal and income generated by the principal of such Funds so that all such Funds will be expended within a reasonable period of time. Provided, further, that with regard to that portion of the Fund which is derived from the appropriation of State funds, the amount of grants to be made in any fiscal year shall be limited to the amount of income generated by the principal of that portion of the Fund.
(a) Beneficiaries.
(1) The Partnership Agency shall ensure
that the Agency's program for uses of monies from the Fund directly benefit
low, very low and moderate income persons and families as set forth in
subsections (2), (3), and (4) below.
(2) The Partnership Agency shall ensure
that at least thirty percent (30%) of the total funds from the Fund eligible
for expenditure by the Agency in any fiscal year directly benefit persons and
families whose incomes do not exceed thirty percent (30%) of the median family
income for the local area, with adjustments for family size, according to the
latest figures available from the U.S. Department of Housing and Urban
Development.
(3) The Partnership Agency shall be
authorized to allocate up to thirty percent (30%) of the total funds from the
Fund for the benefit of persons and families whose incomes do not exceed fifty
percent (50%) of the median family income for the local area, with adjustments
for family size, according to the latest figures available from the U.S.
Department of Housing and Urban Development; provided, however, these funds may
also be directed for the benefit of the persons and families defined in
subsection (2).
(4) The Partnership Agency shall ensure
that no more than forty percent (40%) of the total funds from the fund eligible
for expenditure by the Agency in any fiscal year directly benefit persons and
families whose incomes do not exceed eighty percent (80%) of the median family
income for the local area, with adjustments for family size, according to the
latest figures available from the U.S. Department of Housing and Urban
Development.
(b) Eligible Projects.
(2) Projects which provide for the construction or
rehabilitation of rental projects must contain contractual guarantees to ensure
that at least twenty percent (20%) of the units are occupied by persons and
families defined in G.S. 122E‑6(a) (2) and (3) for a period of time
following the award of grants or loan funds from the Fund, said period to be
not less than 10 years, and shall be established by the rules and regulations
promulgated by the Partnership and are affordable housing units as defined in G.S. 122E‑2(9).
G.S. 122E‑2(6).
(d) Eligible Uses for Stripper Well Litigation Funds and Diamond Shamrock Litigation Funds.
(2) Eligible uses for the Diamond Shamrock Litigation
funds shall be those uses permitted under Exhibit B to the Order of the Court,
dated June 6, 1986, including but no not limited to those
residential energy‑related uses which are identified in Attachment C to
Exhibit B to said Order."
SECTION 1.28.(e) G.S. 122E‑7 reads as rewritten:
"§ 122E‑7. Eligible applicants.
Eligible applicants shall include units of State and local
governments including municipal corporations, for profit and nonprofit housing
developers. Provided, however, that the Partnership's Agency's rules
and regulations shall ensure an equitable distribution of Fund funds based upon
population and low and moderate income housing needs across the State."
SECTION 1.28.(f) G.S. 122E‑8 read as rewritten:
"§ 122E‑8. Allocation of funds.
(a) Monies within the Fund shall be allocated to
eligible applicants under this Chapter by the Agency, in accordance with
funding cycles established at least annually. The Partnership Agency shall
establish rules and regulations with full public input, including at least one
public hearing for which adequate notice is provided in a timely manner. These
rules and regulations shall establish general policies governing the
eligibility of applicants, application procedures, project eligibility
requirements, and the criteria and standards for awarding grants and loans.
Such rules and regulations shall be adopted within 270 days from the effective
date of this Chapter.
."
SECTION 1.28.(g) G.S. 122A‑5 reads as rewritten:
"§ 122A‑5. General powers.
The Agency shall have all of the powers necessary or convenient to carry out the provisions of this Chapter, including the power:
(24a) To promote the development of a coordinated State low-income housing plan;
(24b) To obtain necessary information from other State agencies concerning housing;
."
SECTION 1.28.(h) G.S. 120‑123(34b) is repealed.
Committee on Inaugural Ceremonies
SECTION 1.29. Article 58 of Chapter 143 of the General Statutes, G.S. 143‑532 through G.S. 143‑539, is repealed.
Interagency Coordinating Council of Children from Birth to Five with Disabilities and their Families
SECTION 1.30.(a) Part 13A of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑179.5 and G.S. 143B‑179.6, is repealed.
SECTION 1.30.(b) G.S. 143B‑139.6A reads as rewritten:
"§ 143B‑139.6A. Secretary's responsibilities regarding availability of early intervention services.
The Secretary of the Department of Health and Human Services shall ensure, in cooperation with other appropriate agencies, that all types of early intervention services specified in the "Individuals with Disabilities Education Act" (IDEA), P.L. 102‑119, the federal early intervention legislation, are available to all eligible infants and toddlers and their families to the extent funded by the General Assembly.
The Secretary shall coordinate and facilitate the development
and administration of the early intervention system for eligible infants and
toddlers and shall assign among the cooperating agencies the responsibility,
including financial responsibility, for services. The Secretary shall be
advised by the Interagency Coordinating Council for Children from Birth to Five
with Disabilities and Their Families, established by G.S. 143B‑179.5,
and may enter into formal interagency agreements to establish the collaborative
relationships with the Department of Public Instruction, other appropriate
agencies, and other public and private service providers necessary to
administer the system and deliver the services.
The Secretary shall adopt rules to implement the early intervention system, in consultation with all other appropriate agencies."
Governor's Management Council
SECTION 1.31. Part 24 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑426.22, is repealed.
Legislative Commission on Methamphetamine Abuse
SECTION 1.32.(a) Article 25A of Chapter 120 of the General Statutes, G.S. 120‑226, is repealed.
SECTION 1.32.(b) G.S. 90‑113.64 reads as rewritten:
"§ 90‑113.64. SBI annual report.
Beginning with the 2011 calendar year, the State Bureau of
Investigation shall determine the number of methamphetamine laboratories
discovered in the State each calendar year and report its findings to the Legislative
Commission on Methamphetamine AbuseJoint Legislative Oversight Committee
on Justice and Public Safety by March 1, 2012, for the 2011 calendar year
and each March 1 thereafter for the preceding calendar year. The State Bureau
of Investigation shall participate in the High Intensity Drug Trafficking Areas
(HIDTA) program, assist in coordinating the drug control efforts between local
and State law enforcement agencies, and monitor the implementation and
effectiveness of the electronic record‑keeping requirements included in G.S. 90‑113.52A
and G.S. 90‑113.56. The SBI shall include its findings in the report
to the Commission required by this section."
SECTION 1.32.(c) G.S. 114‑19.01 reads as rewritten:
"§ 114‑19.01. Study and report on use of pseudoephedrine products to make methamphetamine.
The State Bureau of Investigation shall study issues
regarding the use of pseudoephedrine products to make methamphetamine,
including any data on the use of particular pseudoephedrine products in that
regard, pertinent law enforcement statistics, trends observed, and other
relevant information, and report annually to the Commission for Mental Health,
Developmental Disabilities, and Substance Abuse Services, the Legislative
Commission on Methamphetamine Abuse, and the Joint Governmental
Operations Subcommittee onJoint Legislative Oversight Committee on
Justice and Public Safety."
Mine Safety and Health Advisory Council
SECTION 1.33. G.S. 74‑24.2(2) and G.S. 74‑24.6 are repealed.
Motor Vehicle Dealer's Advisory Board
SECTION 1.34.(a) G.S. 20‑305.4 is repealed.
SECTION 1.34.(b) G.S. 20‑305.5 reads as rewritten:
"§ 20‑305.5.
Sections 20‑305, subdivisions (4) through (28), and 20‑305.1 to 20‑305.420‑305.3
not applicable to certain manufacturers and dealers.
The provisions of G.S. 20‑305(4) through G.S. 20‑305(28)
and 20‑305.1 to 20‑305.420‑305.3 shall not
apply to manufacturers of, or dealers in, mobile or manufactured type housing
or recreational trailers."
Mountain Area Resources Technical Advisory Council
SECTION 1.35. G.S. 153B‑4 is repealed.
Mountain Resources Commission
SECTION 1.36. G.S. 153B‑1 through G.S. 153B‑3 are repealed.
Board of Public Telecommunications Commissioners of the North carolina agency for public telecommunications
SECTION 1.37.(a) G.S. 143B‑426.8 reads as rewritten:
"§ 143B‑426.8. Definitions.
As used in this Part, except where the context clearly requires otherwise:
(2) "Board" means the Board of
Public Telecommunications Commissioners.
."
SECTION 1.37.(b) G.S. 143B‑426.9 reads as rewritten:
"§ 143B‑426.9.
North Carolina Agency for Public Telecommunications Creation; membership;
appointments, terms and vacancies; officers; meetings and quorum; compensation.Telecommunications.
The North Carolina Agency for Public Telecommunications is
created. It is governed by the Board of Public Telecommunications
Commissioners, composed of 26 members as follows:
(1) A Chairman appointed by, and serving at
the pleasure of, the Governor;
(2) Ten at‑large members, appointed by
the Governor from the general public;
(3) 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;
(4) 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;
(5) The Secretary of Administration, ex officio;
(6) The Chairman of the Board of Trustees of
The University of North Carolina Center for Public Television (if and when
established), ex officio;
(7) The Chairman of the State Board of
Education, ex officio;
(8) The Chairman of the OPEN/net Committee,
ex officio, so long as such person is not a State employee;
(9) The Chairman of the North Carolina
Utilities Commission, ex officio;
(10) The Director of the Public Staff of the
North Carolina Utilities Commission, ex officio;
(11) Repealed by Session Laws 2011‑266,
s. 1.13(b), effective July 1, 2011.
(12) The Superintendent of Public Instruction,
ex officio;
(13) The President of the University of North
Carolina, ex officio;
(14) The President of the Community Colleges
System, ex officio; and
(15) Two members ex officio who shall rotate
from among the remaining heads of departments enumerated in G.S. 143A‑11
or G.S. 143B‑6, appointed by the Governor.
The 10 at‑large members shall serve for terms
staggered as follows: four terms shall expire on June 30, 1980; and three terms
shall expire on June 30, 1982; and three terms shall expire on June 30, 1984.
Thereafter, the members at large shall be appointed for full four‑year
terms and until their successors are appointed and qualified. In making
appointments of members at large, the Governor shall seek to appoint persons
from the various geographic areas of the State including both urban and rural
areas; persons from various classifications as to sex, race, age, and
handicapped persons; and persons who are representatives of the public
broadcast, commercial broadcast, nonbroadcast distributive systems and private
education communities of the State.
The terms of the ex officio members are coterminous with
their respective terms of office. In the event that any of the offices
represented on the Board ceases to exist, the successor officer to the
designated member shall become an ex officio member of the Board; if there
shall be no successor, then the position on the Board shall be filled by a
member to be appointed by the Governor from the general public. The ex officio
members shall have the right to vote.
The initial members appointed to the Board by the General
Assembly shall serve for terms expiring June 30, 1983. Thereafter, their
successors shall serve for two‑year terms beginning July 1 of odd‑numbered
years.
The terms of the rotating ex officio members shall be of
one‑year duration, and the schedule of rotation is determined by the
Governor.
Each State official who serves on the Board may designate
a representative of his department, agency or institution to sit in his place
on the Board and to exercise fully the official's privileges of membership.
The Secretary of Administration or his designee serves as
secretary of the Board.
Vacancies in appointments made by the General Assembly
shall be filled in accordance with G.S. 120‑122. Other vacancies
shall be filled in the same manner as the original appointment.
The Governor may remove any member of the Board from
office in accordance with the provisions of G.S. 143B‑16.
The Board meets quarterly and at other times at the call
of the chairman or upon written request of at least six members.
A majority of the Board members shall constitute a quorum
for the transaction of business."
SECTION 1.37.(c) G.S. 143B‑426.11 reads as rewritten:
"§ 143B‑426.11. Powers of Agency.
In order to enable it to carry out the purposes of this Part, the Agency:
(3) May rent, lease, buy, own, acquire, mortgage, or
otherwise encumber and dispose of such property, real or personal; and construct,
maintain, equip and operate any facilities, buildings, studios, equipment,
materials, supplies and systems as said Board may deem proper to carry
out the purposes and provisions of this Part;
(4) May establish an office for the transaction of its
business at such place or places as the Board deems advisable or necessary
in carrying out the purposes of this Part;
(7) Under such conditions as the Board may deem appropriate
to the accomplishment of the purposes of this Part, may distribute in the form
of grants, gifts, or loans any of the revenues and earnings received by the
Agency from its operations;
(8) May adopt, alter or repeal its own bylaws, rules
and regulations governing the manner in which its business may be transacted
and in which the power granted to it may be exercised, and may provide for the
creation of such divisions and for the appointment of such committees, and the
functions thereof, as the Board deems necessary or expedient in
facilitating the business and purposes of the Agency;
(9) The Board shall be responsible for all
management functions of the Agency. The chairman shall serve as the chief
executive officer, and shall have the responsibility of executing the policies
of the Board. The Executive Director shall be the chief operating and
administrative officer and shall be responsible for carrying out the decisions
made by the Board and its chairman. The Executive Director shall be appointed
by the Governor upon the recommendation of the Board and shall serve at the
pleasure of the Governor. The salary of the Executive Director shall be fixed
by the General Assembly in the Current Operations Appropriations Act. Subject
to the provisions of the State Personnel Act and with the approval of the
Board, the Executive Director may appoint, employ, dismiss and fix the
compensation of such professional, administrative, clerical and other employees
as the Board deems necessary to carry out the purposes of this Part; but any
employee who serves as the director of any division of the Agency which may be
established by the Board shall be appointed with the additional approval of the
Secretary of Administration. There shall be an executive committee consisting
of three of the appointed members and three of the ex officio members elected
by the Board and the chairman of the Board, who shall serve as chairman of the
executive committee. The executive committee may do all acts which are
authorized by the bylaws of the Agency. Members of the executive committee
shall serve until their successors are elected;
."
SECTION 1.37.(d) G.S. 120‑123(4) is repealed.
Board of Directors Certification Entity for Phase II Settlement Fund Certification Board
SECTION 1.38. Board of Directors Certification Entity for Phase II Settlement Fund Certification Board, established pursuant to S.L. 1999‑333, is abolished.
North Carolina Small Business contractor Authority
SECTION 1.39.(a) G.S. 143B‑472.102 is repealed.
SECTION 1.39.(b) G.S. 143B‑472.101 reads as rewritten:
"§ 143B‑472.101. Definitions.
The following definitions apply in this Part:
(1) Authority. The North Carolina Small
Business Contractor Authority created in this Part.
(3a) Department. The Department of Commerce.
."
SECTION 1.39.(c) G.S. 143B‑472.103 reads as rewritten:
"§ 143B‑472.103. Eligibility.
To qualify for assistance under this Part, an applicant must meet all of the following requirements:
(4) The applicant must demonstrate to the satisfaction
of the AuthorityDepartment that it has been unable to obtain
adequate financing or bonding on reasonable terms through an authorized
company. If the applicant is applying for a guarantee of a loan, the applicant
must have applied for and been denied a loan by a financial institution."
SECTION 1.39.(d) G.S. 143B‑472.104 reads as written:
"§ 143B‑472.104. Small Business Contract Financing Fund.
(a) Creation and Use. The Small Business Contract
Financing Fund is created as a special revenue fund. Revenue in the Fund does
not revert at the end of a fiscal year, and interest and other investment
income earned by the Fund accrues to the Fund. The AuthorityDepartment
shall use the Fund to make direct loans and guaranty payments required by
defaults and to pay the portion of the administrative expenses of the AuthorityDepartment
related to making these loans and payments.
(b) Content. The Small Business Contract Financing Fund consists of all of the following revenue:
(1) Funds appropriated to the Fund by the State.
(2) Repayments of principal of and interest on direct loans.
(3) Premiums, fees, and any other amounts received by
the AuthorityDepartment with respect to financial assistance
provided by the Authority.Department.
(4) Proceeds designated by the AuthorityDepartment
from the sale, lease, or other disposition of property or contracts held or
acquired by the Authority. Department.
(5) Investment income of the Fund.
(6) Any other moneys made available to the Fund."
SECTION 1.39.(e) G.S. 143B‑472.105 reads as rewritten:
"§ 143B‑472.105. Contract performance assistance authorized.
(a) Type. The Authority Department is
authorized to provide the following contract performance assistance:
(1) A guarantee of a loan made to the applicant.
(2) If the applicant demonstrates to the satisfaction
of the AuthorityDepartment that it is unable to obtain money from
any other source, a loan to the applicant.
(b) Qualification. The AuthorityDepartment
shall not lend money to an applicant or guarantee a loan unless all of the
following requirements are met:
(1) The applicant meets the requirements of G.S. 143B‑472.78.
(2) The loan is to be used to perform an identified contract, of which the majority of funding is provided by a government agency or a combination of government agencies.
(3) The loan is to be used for working capital or
equipment needed to perform the contract, the cost of which can be repaid from
contract proceeds, if the AuthorityDepartment has entered into an
agreement with the applicant necessary to secure the loan or guaranty.
(c) Terms and Conditions. The AuthorityDepartment
shall set the terms and conditions for loans and for the guarantee of
loans. When the AuthorityDepartment lends money from the Small
Business Contract Financing Fund, it shall prepare loan documents that include
all of the following:
(1) The rate of interest on the loan, which shall not exceed any applicable statutory limit for a loan of the same type.
(2) A payment schedule that provides money to the applicant in the amounts and at the times that the applicant needs the money to perform the contract for which the loan is made.
(3) A requirement that, before each advance of money is
released to the applicant, the applicant and the AuthorityDepartment must
cosign the request for the money.
(4) Provisions for repayment of the loan.
(5) Any other provision the AuthorityDepartment
considers necessary to secure the loan, including an assignment of, or a
lien on, payment under the contract, if allowable.
(d) Maturity. A loan made by the AuthorityDepartment
shall mature not later than the date the applicant is to receive full
payment under the identified contract, unless the AuthorityDepartment
determines that a later maturity date is required to fulfill the purposes
of this Part.
(e) Diversity. In selecting applicants for
assistance, the AuthorityDepartment must consider the need to
serve all geographic and political areas and subdivisions of the State.
(f) Limitation. The total amount of loan guarantees and loans issued to each recipient during a fiscal year shall not exceed fifteen percent (15%) of the amount of money in the Fund as of the beginning of that fiscal year."
North Carolina Sustainable Communities Task Force
SECTION 1.40.(a) Part 31 of Article 7 of Chapter 143 of the General Statutes, G.S. 143B‑344.34 through G.S. 143‑344.38, is repealed.
SECTION 1.40.(b) G.S. 120‑123(79) is repealed.
North Carolina Sustainable Local Food Advisory Council
SECTION 1.41. Article 70 of Chapter 106 of the General Statutes, G.S. 106‑830 through G.S. 106‑833, is repealed.
Joint Legislative Commission on the Department of Transportation Disadvantaged Minority‑Owned and Women‑Owned Businesses Program
SECTION 1.42. Article 32 of Chapter 120 of the General Statutes, G.S. 120‑275 through G.S. 120‑279, is repealed.
North Carolina Travel and Tourism Board
SECTION 1.43. G.S. 143B‑434(a)(4) and G.S. 143B‑434.1 are repealed.
ELIMINATION OF CERTAIN STATE BOARDS, COMMITTEES, AND COMMISSIONS THAT HAVE MET STATUTORY REQUIREMENTS
SECTION 1.44. For the following State boards, committees, and commissions where statutory requirements have been met, these bodies are no longer authorized to meet, provide recommendations, or operate in any capacity:
(1) Legislative Task Force on Childhood Obesity, established pursuant to Part XLIX of S.L. 2009‑574, as amended by Section 26 of S.L. 2010‑152.
(2) Commission to Study the Governance and Adequacy of the Investment Authority of Various State‑Owned Funds for the Purposes of Enhancing the Return on Investments, established pursuant to Part XLVII of S.L. 2009‑574, as amended by Section 23 of S.L. 2010‑152.
(3) "More at Four" Pre‑K Task Force, established pursuant to Section 10.40(b) of S.L. 2003‑284, as amended by Section 10.38 of S.L. 2004‑124.
(4) National Heritage Area Designation Commission, established pursuant to Part 18 of S.L. 2001‑491.
(5) Pilot Accreditation Advisory Board, established pursuant to Section 10.28B of S.L. 2004‑124.
(6) Public Funding Council of State Elections Commission, established pursuant to Section 26 of S.L. 2010‑169.
(7) Legislative Commission on Global Climate Change, established pursuant to Section 11 of S.L. 2005‑442, as amended by S.L. 2006‑73, S.L. 2008‑81, and S.L. 2009‑306.
SECTION 1.45. Except as otherwise provided, this Part becomes effective June 30, 2012.
PART II. reorganization of various BOards and commissions
SUBPART a. Advisory Boards
North Carolina Center for the Advancement of Teaching Board of Trustees (NCCAT)
SECTION 2.1. Effective July 1, 2012, G.S. 115C‑296.6 reads as rewritten:
"§ 115C‑296.6. Composition of board of trustees; terms; officers.
(a) The NCCAT Board of Trustees shall be composed of the following membership:
(1) Two ex officio members: the Chairman of the
State Board of Education and theThe State Superintendent of Public
Instruction or their designees;his or her designee shall serve ex officio;
(2) Two membersOne member appointed by
the General Assembly upon the recommendation of the President Pro Tempore of
the Senate;
(3) Two membersOne member appointed by
the General Assembly upon the recommendation of the Speaker of the House of
Representatives; and
(4) Eight members appointed by the Governor, one from each of the eight educational regions.
The appointing authorities shall give consideration to assuring, through Board membership, the statewide mission of NCCAT.
."
North Carolina Arts Council
SECTION 2.2. Effective July 1, 2012, G.S. 143B‑88 reads as rewritten:
"§ 143B‑88. North Carolina Arts Council members; selection; quorum; compensation.
The North Carolina Arts Council shall consist of 24 12
members appointed by the Governor. The initial members of the Council shall
be the appointed members of the present Arts Council who shall serve for a
period equal to the remainder of their current terms on the Arts Council, eight
of whoseconsist of four whose terms expire June 30, 1973, eightJune
30, 2014, four of whose terms expire June 30, 1974,June 30, 2015,
and eight four of whose terms expire June 30, 1975.June
30, 2016. At the end of the respective terms of office of the initial
members, the appointments of their successors shall be for terms of three years
and until their successors are appointed and qualify. Any appointment to fill a
vacancy on the Council created by the resignation, dismissal, death, or
disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16 of the Executive Organization Act of 1973.
The Governor Council shall designate a member
of the Council as chairman to serve at his pleasure.chair.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Cultural Resources."
Coastal Resources Advisory Council
SECTION 2.3. Effective July 1, 2012, G.S. 113A‑105 reads as rewritten:
"§ 113A‑105. Coastal Resources Advisory Council.
(b) The Coastal Resources Advisory Council shall
consist of not more than 45 24 members appointed or designated as
follows:
(1) Two individualsThree members
designated by the Secretary from among the employees of the Department;Department,
consisting of one each from the Division of Marine Fisheries, the Division of
Water Quality, and the Division of Water Resources;
(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 representativeTen representatives
chosen from each of the counties in the coastal area to be designated
nominated by the respective boards of county commissioners;commissioners
and chosen by the Commission;
(9) No more than eight additionalSix
members shall be representative of cities in the coastal area
nominated by the cities in the coastal area and to be designatedchosen
by the Commission;
(10) Three Two 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.
(e) Chairman Chair and Vice‑Chairman.Vice‑Chair.
A chairman chair and vice‑chairmanvice‑chair
shall be elected annually by the Council.
."
North Carolina Council for the Deaf and Hard of Hearing
SECTION 2.4. Effective July 1, 2012, G.S. 143B‑216.32 reads as rewritten:
"§ 143B‑216.32. Council for the Deaf and the Hard of Hearing membership; quorum; compensation.
(a) The Council for the Deaf and the Hard of Hearing
shall consist of 28 members. Twenty members shall be 19 members
appointed by the Governor. Three members appointed by the Governor shall be
persons who are deaf and three members shall be persons who are hard of
hearing. One appointment shall be an educator who trains deaf education teachers
andteachers, one appointment shall be a deaf education teacher, one
appointment shall be a licensed physician whose primary specialty is providing
treatment to patients that are deaf or hard of hearing, and one appointment
shall be an audiologist licensed under Article 22 of Chapter 90 of the General
Statutes. Three appointments shall be parents of deaf or hard of hearing
children including one parent of a student in a residential school; one parent
of a student in a preschool program; and one parent of a student in a
mainstream education program, with at least one parent coming from each region
of the North Carolina schools for the deaf regions. One member appointed by the
Governor shall be recommended by the President of the North Carolina
Association of the Deaf; one member shall be recommended by the President of
the North Carolina Deaf‑Blind Associates; one member shall be recommended
by the North Carolina Chapter of Self Help for the Hard of Hearing (SHHH); one
member shall be recommended by the North Carolina Black Deaf Advocates (NCBDA);
one member shall be a representative from a facility that performs cochlear
implants; one member shall be recommended by the President of the North
Carolina Pediatric Society; and one member shall be recommended by the
President of the North Carolina Registry of Interpreters for the Deaf; one
member shall be recommended by a local education agency; and one member shall
be recommended by the Superintendent of Public Instruction. Two members shall
be appointed from the House of Representatives by the Speaker of the House of
Representatives and two members shall be appointed from the Senate by the
President Pro Tempore of the Senate. The Secretary of Health and Human Services
shall appoint four members as follows: one from the Division of Vocational
Rehabilitation, one from the Division of Aging, one from the Division of Mental
Health, Developmental Disabilities, and Substance Abuse Services, and one from
the Division of Social Services.Deaf.
(b) The terms of the initial members of the Council
shall commence July 1, 1989. In his initial appointments, the Governor shall
designate four members who shall serve terms of five years, four who shall
serve terms of four years, four who shall serve terms of three years, and three
who shall serve terms of two years. After the initial appointees' terms have
expired, all members shall be appointed for a term of four years. No member
shall serve more than two successive terms unless the member is an employee of
the Department of Health and Human Services or the Department of Public Instruction
representing his or her agency as a specialist in the field of service.
Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
(c) The chairman chair of the Council
shall be designated by the Secretary of the Department of Health and Human
Services from the Council members. The chairman chair shall
hold this office for not more than four years.
."
North Carolina Council on Developmental Disabilities
SECTION 2.5. Effective July 1, 2012, G.S. 143B‑179 reads as rewritten:
"§ 143B‑179. Council on Developmental Disabilities members; selection; quorum; compensation.
(a) The Council on Developmental Disabilities of the
Department of Health and Human Services shall consist of 32 members
appointed by the Governor.18 members. The composition of the Council
shall be as follows:
(1) Eleven Six members appointed by
the Governor from the General Assembly and State government agencies
as follows: One person who is a member of the Senate, one person who is a
member of the House of Representatives, one representative of the
Department of Public Instruction, one representative of the Division of Adult
Correction of the Department of Public Safety, and seven representatives of the
Department of Health and Human Services to include the Secretary or his
designee.
(1a) One member of the Senate appointed by the President Pro Tempore of the Senate and one member of the House of Representatives appointed by the Speaker of the House of Representatives.
(2) Sixteen Nine members appointed by
the Governor designated as consumers of service for the developmentally
disabled. A consumer of services for the developmentally disabled is a person
who (i) has a developmental disability or is the parent or guardian of such a
person, or (ii) is an immediate relative or guardian of a person with mentally
impairing developmental disability, and (iii) is not an employee of a State
agency that receives funds or provides services under the provisions of Part B,
Title 1, P.L. 98‑527, as amended, the Developmental Disabilities Act of
1984, is not a managing employee (as defined in Section 1126(b) of the Social
Security Act) of any other entity that receives funds or provides services under
such Part, and is not a person with an ownership or control interest (within
the meaning of Section 1124(a)(3) of the Social Security Act) with respect to
such an entity. Of these 16 members, at least one third shall be persons with
developmental disabilities and at least another one third shall be the
immediate relatives or guardians of persons with mentally impairing
developmental disabilities, of whom at least one shall be an immediate relative
or guardian of an institutionalized developmentally disabled person.
(3) Five Three members appointed by
the Governor as at large as follows: One representative of the
university affiliated facility, one representative of the State protection
and advocacy system, one representative of a local agency, and one representative
of a nongovernmental agency or nonprofit group concerned with services to
persons with developmental disabilities, and one representative from the
public at large.disabilities.
The appointments of all members, with the exception of those from the General Assembly and State agencies shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor shall make appropriate provisions for the rotation of membership on the Council.
(b) The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16.
The Governor shall designate one member of the Council to
serve as chairman chair at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the council shall be supplied by the Secretary of Health and Human Services."
North Carolina Economic Development Board
SECTION 2.6. Effective July 1, 2012, G.S. 143B‑434 reads as rewritten:
"§ 143B‑434. Economic Development Board creation, duties, membership.
(b) Membership. The Economic Development Board shall
consist of 39 21 members. The Secretary of Commerce shall serve
ex officio as a member and as the secretary of the Economic Development Board.
The Secretary of Revenue shall serve as an ex officio, nonvoting member. The
Secretary of the Department of Cultural Environment and Natural Resources
shall serve as an ex officio, nonvoting member. Four Two members
of the House of Representatives appointed by the Speaker of the House of
Representatives, four two members of the Senate appointed by the
President Pro Tempore of the Senate, the Superintendent of Public Instruction,
or designee, the President of The University of North Carolina, or designee,
the President of the North Carolina Community College System, or designee, the
Secretary of State, and the President of the Senate (or the designee of the
President of the Senate), shall serve as members of the Board. The Governor
shall appoint the remaining 23 nine members of the Board.
Effective with the terms beginning July 1, 1997,August 1, 2012,
one of the Governor's appointees shall be a representative of a nonprofit organization
involved in economic development and two one of the Governor's
appointees shall be county economic development representatives. The Governor
shall designate a chair and a vice‑chair from among the members of the
Board. Appointments to the Board made by the Governor for terms beginning
July 1, 1997,Governor, and appointments to the Board made by the
Speaker of the House of Representatives and the President Pro Tempore of the
Senate for terms beginning July 9, 1993, August 1, 2012, should
reflect the ethnic and gender diversity of the State as nearly as practical. All
appointments shall be for a term of four years.
The initial appointments to the Board shall be for
terms beginning on July 9, 1993. Of the initial appointments made by the
Governor, the terms shall expire July 1, 1997. Of the initial appointments made
by the Speaker of the House of Representatives and by the President Pro Tempore
of the Senate two appointments of each shall be designated to expire on July 1,
1995; the remaining terms shall expire July 1, 1997. Thereafter, all
appointments shall be for a term of four years.
The appointing officer shall make a replacement appointment to serve for the unexpired term in the case of a vacancy.
The members of the Economic Development Board shall receive per diem and necessary travel and subsistence expenses payable to members of State Boards and agencies generally pursuant to G.S. 138‑5 and G.S. 138‑6, as the case may be. The members of the Economic Development Board who are members of the General Assembly shall not receive per diem but shall receive necessary travel and subsistence expenses at rates prescribed by G.S. 120‑3.1.
."
North Carolina Financial Literacy Council
SECTION 2.7. Effective July 1, 2012, G.S. 114‑51 reads as rewritten:
"§ 114‑51. Membership; terms; quorum.
(a) The Council shall consist of 18 nine members
appointed by and serving at the pleasure of the Governor. The Governor shall
designate a chair from among the members of the Council. Membership shall be as
follows:
(1) Ten Six members from government
agencies with responsibility for programs and services related to financial
education, financial services, and related economic stability efforts. At least
one representative shall come from each of the following government agencies:
a. Community College System.
b. Department of Commerce.
c. Department of Justice.
d. Department of Labor.
e. Department of Public Instruction.
f. Department of the Secretary of State.
g. Department of State Treasurer.
h. Office of the Commissioner of Banks.
i. The University of North Carolina.
(2) Two One public members member
with experience in the financial services industry.
(3) Two One public members member
who represent employers with experience in providing financial education to
their employees.
(4) Four One public members member
with experience in consumer advocacy or nonprofit financial education.
(b) Members of the Council shall be appointed for terms of three years and shall serve until their successors are appointed and qualified.
(c) A majority of the Council's members shall constitute a quorum."
North Carolina Forestry Council
SECTION 2.8. Effective July 1, 2012, G.S. 143A‑66.2 reads as rewritten:
"§ 143A‑66.2. Forestry Council members; chairperson; selection; removal; compensation; quorum.
(a) The Forestry Advisory Council of the Department of
Agriculture and Consumer Services shall consist of 18 12 members
appointed as follows:
(1) Three persons who are registered foresters and who represent the primary forest products industry, one each from the Mountains, Piedmont and Coastal Plain.
(2) One person who represents the secondary wood‑using industry.
(3) One person who represents the logging industry.
(4) Four persons who areOne person who is a
nonindustrial woodland owners owner actively involved in forest management,
one of whom has agricultural interests, and at least one each from the
Mountains, Piedmont, and Coastal Plain.management.
(5) Three persons who are membersOne person
who is a member of a statewide environmental or wildlife conservation
organizations.organization.
(6) One consulting forester.
(7) Two persons who are forest scientists with knowledge of the functioning and management of forest ecosystems.
(8) One person who represents a banking
institution that manages forestland.
(9) One person with expertise in urban forestry.
(10) One person with active experience in city and regional planning.
(b) The Governor shall appoint one person from
categories (1) and (5), two persons from category (4), and the persons from
categories (6), (7), (8), (9), and (10).(1), (6), (7), and (9). The
President Pro Tempore of the Senate shall appoint the one person
from category (2)(1) and one the person each from
categories (1), (2), (4), and (5). The Speaker of the House of
Representatives shall appoint the one person from category (3)(1)
and one the person each from categories (1), (4), and (5).(3),
(7), (9), and (10). The Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives shall consult with one another
to insure that each of the three geographic regions of the State are
represented in appointments made to fill categories (1) and (4).category
(1).
(c) The Governor Council shall designate
one member of the Council to serve as chairperson at the pleasure of the
Governor.chair.
(d) Members shall serve staggered terms of office of
four years. The terms of office of members filling categories (1), (4), and (5)
shall expire on 30 June of years that follow by one year those years that are
evenly divisible by four. The terms of office of members filling categories
(2), (3), (6), (7), (8), (9), and (10) shall expire on 30 June of years
that follow by three years those years that are evenly divisible by four. Terms
shall expire as provided by this subsection except that members of the Council
shall serve until their successors are appointed and duly qualified as provided
by G.S. 128‑7. Any appointment to fill a vacancy on the Council
created by the resignation, dismissal, death or disability of a member shall be
for the balance of the unexpired term and shall be made by the appointing
authority responsible for that category. Vacancies in appointments made by
the General Assembly shall be filled in accordance with G.S. 120‑122.
(e) The Governor shall have the power to remove, in accordance with G.S. 143B‑13, any member appointed by the Governor. The General Assembly shall have the power to remove, in accordance with G.S. 143B‑13, any member appointed by the General Assembly.
(f) Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
(g) A majority of the Council shall constitute a quorum for the transaction of business.
(h) All clerical and other services required by the Council, including the support required to carry out studies it is requested to make, shall be supplied by the Commissioner of Agriculture."
North Carolina Geographic Information Coordinating Council
SECTION 2.9. Effective July 1, 2012, G.S. 143‑726 reads as rewritten:
"§ 143‑726. Council membership; organization.
(a) Members. The Council shall consist of up to 35
20 members, or their designees, as set forth in this section. An
appointing authority may reappoint a Council member for successive terms.
(b) Governor's Appointments. The Governor
shall appoint the following members:
(1) The head of an at‑large State
agency not represented in subsection (d) of this section.
(2) An employee of a county government,
nominated by the North Carolina Association of County Commissioners.
(3) An employee of a municipal government,
nominated by the North Carolina League of Municipalities.
(4) An employee of the federal government who
is stationed in North Carolina.
(5) A representative from the Lead Regional
Organizations.
(6) A member of the general public.
(7) Other individuals whom the Governor deems
appropriate to enhance the efforts of geographic information coordination.
Members appointed by the Governor shall serve three‑year
terms.terms beginning on July 1, 2013.
(b1) Governor's Appointment. The Governor
may appoint one additional member whom the Governor deems appropriate to
enhance the efforts of geographic information coordination. The Governor
shall appoint an individual from the membership of the Council to serve as
Chair of the Council. The member appointed shall serve as Chair for a term of
one year.
(c) General Assembly Appointments. The President Pro
Tempore of the Senate and the Speaker of the House of Representatives shall
each appoint three members to the Council. These members shall serve one‑year
terms.may each appoint one member appropriate to enhance the efforts of
geographic information coordination.
(d) Other Members. Other Council members shall include:include
the following members or their designees:
(1) The Secretary of State.
(2) The Commissioner of Agriculture.
(3) The Superintendent of Public Instruction.
(4) The Secretary of Environment and Natural Resources.
(5) The Secretary of the Department of Transportation.
(6) The Secretary of the Department of Administration.
(7) The Secretary of the Department of Commerce.
(8) The Secretary of the Department of Public Safety.
(9) The Secretary of the Department of Health and Human Services.
(10) The Secretary of the Department of Revenue.
(11) The President of the North Carolina Community Colleges System.
(12) The President of The University of North Carolina System.
(13) The Chair of the Public Utilities Commission.
(14) The State Budget Officer.Executive
Director of the North Carolina Society of Surveyors.
(15) The Executive Director of the North Carolina League of Municipalities.
(16) The Executive Director of the North Carolina Association of County Commissioners.
(17) One representative from the State
Government GIS User Committee.
(18) One representative elected annually from
the Local Government Committee established pursuant to subdivision (h)(2) of
this section.
(19) The State Chief Information Officer who shall serve as a nonvoting member.
Council members serving ex officio pursuant to this subsection shall serve terms coinciding with their respective offices. Members serving by virtue of their appointment by a standing committee of the Council shall serve for the duration of their appointment by the standing committee.
(d1) Chair. The Governor shall appoint an individual from the membership of the Council to serve as Chair of the Council. The member appointed shall serve as Chair for a term of one year.
(f) Administration. The Director of the CGIAthe
Division of Emergency Management, or his or her designee, shall be
secretary of the Council and the Office of Geospatial and Technology
Management, Division of Emergency Management, Department of Public Safety,
shall provide staff support as it requires.
(g) Reports. The Council shall report at least
annually to the Governor andGovernor, to the Joint
Legislative Commission on Governmental Operations.Operations, and the
Office of Geospatial and Technology Management, Division of Emergency
Management, Department of Public Safety.
."
North Carolina Historical Commission
SECTION 2.10. Effective July 1, 2012, G.S. 143B‑63 reads as rewritten:
"§ 143B‑63. Historical Commission members; selection; quorum; compensation.
The Historical Commission of the Department of Cultural
Resources shall consist of 11 seven members appointed by the
Governor.
The members of the North Carolina Historical Commission shall
include the members of the existing North Carolina Historical Commission who
shall serve for a period equal to the remainder of their current terms on the
Commission, plus four additional appointees of the Governor, two of whose
appointments shall expire March 31, 1979, and two of whose appointments shall
expire March 31, 1981. At the end of the respective terms of office of the
members, their successors shall be appointed for terms of six years and until
their successors are appointed and qualify. Of the members, at least five shall
have professional training or experience in the fields of archives,
history, historic preservation, historic architecture, archaeology, or museum
administration, including at least three currently involved in the teaching of
history at the college or university level or in administering archives or
historical collections or programs. Any appointment to fill a vacancy on the
Commission created by resignation, dismissal, death, or disability of a member
shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance according to the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973.
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.
A majority of the Commission shall constitute a quorum for the transaction of business.
The members of the Commission shall choose a chair from among its membership.
All clerical and other services required by the Commission shall be supplied by the Secretary of Cultural Resources."
North Carolina Council on the Holocaust
SECTION 2.11. Effective July 1, 2012, G.S. 143A‑48.1 reads as rewritten:
"§ 143A‑48.1. North Carolina Council on the Holocaust; creation; purpose; membership; expenses; assistance.
(b) The Council shall consist of 24 12 members,
six appointed by the Governor, six three appointed by the
President Pro Tempore of the Senate,Senate, and six three
appointed by the Speaker of the House of Representatives, and six
appointed by the other 18 members.Representatives. Members appointed
by the Governor shall be appointed forserve two‑year
terms to begin July 1 of each odd‑numberedeven‑numbered
year. The six at‑large appointments shall be made by the Council at
its first meeting after July 1 of each odd‑numbered year. Members
appointed by the President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall initially serve one‑year terms beginning July
1, 2012, with subsequent terms of two years beginning July 1 of each odd‑numbered
year. To be eligible for appointment as an at‑large member, a person
must either be a survivor of the Holocaust or a first‑generation lineal
descendant of such person. A majority of the members shall constitute a quorum
for the transaction of business.
."
North Carolina Housing Coordination and Policy Council
SECTION 2.12. Effective July 1, 2012, G.S. 122A‑5.11 reads as rewritten:
"§ 122A‑5.11. Council membership; compensation; procedures.
(a) The Housing Coordination and Policy Council shall
consist of 15 nine representatives, as follows:
(1) One member of the N.C. Housing
Partnership who is experienced with housing programs for low‑income
persons, as designated by the chair.
(2) One member of the Community Development
Council who is experienced with federal, State, and local housing programs, as
designated by the chair.
(3) One member of the N.C. Housing Finance
Agency Board of Directors who is experienced with real estate finance and
development, as designated by the chair.
(4) One member of the Weatherization Policy
Advisory Council who is experienced with community weatherization programs, as
designated by the chair.
(5) One member of the State protection and advocacy agency designated under the Developmental Disabilities Assistance and Bill of Rights Act 2000, P.L. 106‑402, who is familiar with the housing needs of the disabled.
(6) The executive director of the Commission of Indian Affairs, or a designee familiar with Indian housing programs.
(7) The Assistant Secretary of Community Development and Housing, or a designee familiar with housing programs related to community development and housing functions.
(8) The director of the Division of Aging, or a designee familiar with the housing programs of the Division.
(9) The executive director of the N.C. Housing Finance Agency, or a designee familiar with the housing programs of the Agency.
(10) The director of the Division of Mental Health, or a designee familiar with housing for those with mental disabilities.
(11) The executive director of the N.C. Human Relations Commission, or a designee familiar with federal and State fair housing laws.
(12) The head of the AIDS Care Branch, or a
designee familiar with the housing programs of the Division of Adult Health
Promotion.
(13) The director of the Office of Economic Opportunity, or a designee familiar with programs for the homeless.
(14) Two membersOne member of nonprofit
organizations who are experienced with housing advocacy for low‑income
persons and State and federal housing programs.
."
North Carolina Human Relations Commission
SECTION 2.13. Effective July 1, 2012, G.S. 143B‑392 reads as rewritten:
"§ 143B‑392. North Carolina Human Relations Commission Members; selection; quorum; compensation.
(a) The Human Relations Commission of the Department
of Administration shall consist of 22 11members. The Governor
shall appoint one member from each of the 13 congressional districts, plus
five members at large, including the chairperson.members. The
Speaker of the North Carolina House of Representatives shall appoint two members
to the Commission. The President Pro Tempore of the Senate shall appoint two
members to the Commission. The Chair of the Commission shall be appointed by
members of the Commission. The terms of four of the members appointed by
the Governor shall expire June 30, 1988. The terms of four of the members
appointed by the Governor shall expire June 30, 1987. The terms of four of the
members appointed by the Governor shall expire June 30, 1986. The terms of four
of the members appointed by the Governor shall expire June 30, 1985. The terms
of the members appointed by the Speaker of the North Carolina House of
Representatives shall expire June 30, 1986. The terms of the members appointed
by the Lieutenant Governor shall expire June 30, 1986. The initial term of
office of the person appointed to represent the 12th Congressional District
shall commence on January 3, 1993, and expire on June 30, 1996. At the end of
the respective terms of office of the initial members of the Commission, theThe
appointment of their successors shall be for terms of four years. No member of
the commission shall serve more than two consecutive terms. A member having
served two consecutive terms shall be eligible for reappointment one year after
the expiration of his second term. Any appointment to fill a vacancy on the
Commission created by the resignation, dismissal, death, or disability of a
member shall be filled in the manner of the original appointment for the
unexpired term.
."
State Advisory Council on Indian Education
SECTION 2.14. Effective July 1, 2012, G.S. 115C‑210.1 reads as rewritten:
"§ 115C‑210.1. Membership How appointed.
The Council shall consist of 15 11 members, as
follows:
(4) Eight Four Indian parents of students
enrolled in public schools and two Indian educators from public
elementary/secondary schools to be appointed by the State Board of Education
from a list submitted by the North Carolina Commission on Indian Affairs;
."
North Carolina Internship Council
SECTION 2.15. Effective July 1, 2012, G.S. 143B‑418 reads as rewritten:
"§ 143B‑418. North Carolina Internship Council members; selection; quorum; compensation; clerical, etc., services.
The North Carolina Internship Council shall consist of 17 13
members, including the Secretary of Administration or his designee, one
member to be designated by and to serve at the pleasure of the President Pro
Tempore of the Senate, one member to be designated by and to serve at the
pleasure of the Speaker of the House of Representatives and the following 14
10 members to be appointed by the Governor to a two‑year term
commencing on July 1 of odd‑numbered years: two representatives of
community colleges; four two representatives of The University of
North Carolina system; two representativesone representative of
private colleges or universities; three representatives of colleges or
universities with an enrollment of less than 5,000 students; and three two
former interns.
At the end of the respective terms of office of the 14 10
members of the Council appointed by the Governor, the appointment of their
successors shall be for terms of two years and until their successors are
appointed and qualify. The Governor may remove any member appointed by the
Governor.
Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Council shall meet at the call of the chairman chair
or upon written request of at least five members.
The Governor shall designate a member of the Council as chairman
chair to serve at the pleasure of the Governor.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Administration."
State Library Commission
SECTION 2.16. Effective July 1, 2012, G.S. 143B‑91 reads as rewritten:
"§ 143B‑91. State Library Commission members; selection; quorum; compensation.
(a) The State Library Commission shall consist of 15
11 members. All members shall have an interest in the development of
library and information services in North Carolina. Eight Six members
shall be appointed by the Governor. One member shall be appointed by the
President Pro Tempore of the Senate. One member shall be appointed by the
Speaker of the North Carolina House of Representatives. Three Two members
shall be appointed by the North Carolina Public Library Directors Association. Two
membersOne member shall be the President and the President‑elect
of the North Carolina Library Association or two appointeesone
appointee as determined by the North Carolina Library Association's Board
of Directors. The State Librarian shall be an ex officio member and act as
secretary to the Commission.
All appointments shall be for four‑year terms with eight
six of the commissioners taking office on the first four‑year
cycle and seven five commissioners taking office on the second
four‑year cycle. Any appointment to fill a vacancy in one of the
positions appointed by the Governor, President Pro Tempore or Speaker of the
House of Representatives shall be for the remainder of the unexpired term. Appointees
shall not serve more than two successive four‑year terms.
The Governor shall choose a chairperson from among the gubernatorial appointees. The chairperson shall serve not more than two successive two‑year terms as chair.
Members of the Commission shall receive per diem and necessary travel and subsistence expenses as provided in G.S. 138‑5.
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Cultural Resources.
The Commission shall meet at least twice a year.
."
Local Health Department Accreditation Board
SECTION 2.17. Effective July 1, 2012, G.S. 130A‑34.1 reads as rewritten:
"§ 130A‑34.1. Accreditation of local health departments; board established.
(a) The Local Health Department Accreditation Board is
established within the North Carolina Institute for Public Health. The Board
shall be composed of 17 9 members appointed by the Secretary of
the Department of Health and Human Services as follows:
(1) Four Two shall be county
commissioners recommended by the North Carolina Association of County
Commissioners, and four two shall be members of a local board of
health as recommended by the Association of North Carolina Boards of Health.
(2) Three Two local health directors.
(3) Three Two staff members from the
Division of Public Health, Department of Health and Human Services.
(4) Repealed by Session Laws 2011‑145, s. 13.3(zz), effective July 1, 2011.
(5) Three One at large.
."
Marine Fisheries Commission Advisory Committees
SECTION 2.18.(a) Effective July 1, 2012, G.S. 143B‑289.57 reads as rewritten:
"§ 143B‑289.57. Marine Fisheries Commission Advisory Committees established; members; selection; duties.
(b) The Chair of the Commission shall appoint the following standing advisory committees:
(1) The Finfish Committee, which shall consider matters concerning finfish.
(2) The Crustacean Committee, which shall
consider matters concerning shrimp and crabs.
(3) The Shellfish Committee, which shall
consider matters concerning oysters, clams, scallops, and other molluscan
shellfish.
(3a) The Shellfish/Crustacean Advisory Committee, which shall consider matters concerning oysters, clams, scallops, other molluscan shellfish, shrimp, and crabs.
(4) The Habitat and Water Quality Committee, which shall consider matters concerning habitat and water quality that may affect coastal fisheries resources.
(e) The Chair of the Commission shall appoint a regional
advisory committee for each of the three coastal regions designated in G.S. 143B‑289.54(b)
and shall appoint a regional advisory committee for that part of the State that
is not included in the three coastal regions. Northern Advisory
Committee, encompassing areas from the Virginia line south through Hyde and Pamlico
Counties and any counties to the west, and a Southern Advisory Committee,
encompassing areas from Carteret County south to the South Carolina line and
any counties to the west. In making appointments to regional advisory
committees, the Chair of the Commission shall ensure that both commercial and
recreational fishing interests are fairly represented."
SECTION 2.18.(b) The terms of the members currently serving on the Crustacean, Shellfish, and the three regional advisory committees (Northern, Central, and Southern) shall expire on June 30, 2012. Effective July 1, 2012, the Chair of the Marine Fisheries Advisory Commission shall appoint no more than 11 members to the Northern Advisory Committee and the Southern Advisory Committee, established pursuant to subsection (e) of G.S. 143B‑289.57, as amended by this section.
North Carolina Advisory Commission on Military Affairs
SECTION 2.19. Effective July 1, 2012, G.S. 127C‑2 reads as rewritten:
"§ 127C‑2. Membership.
(a) The North Carolina Advisory Commission on Military
Affairs shall consist of 21 15 voting members, who shall serve on
the Executive Committee, and 17 nonvoting, ex officio members who shall serve
by reason of their positions.
(b) The Executive Committee shall be appointed as follows:
(1) Three Five members appointed by the
Speaker of the House of Representatives, one of whom shall be a member of a
recognized veterans' organization. consisting of:
a. One representative from the Jacksonville community.
b. One representative from the Havelock community.
c. One representative from the Goldsboro community.
d. One representative from the Fayetteville community.
e. One public member who is a member of a recognized veterans' organization.
(2) Three Five members appointed by the
President Pro Tempore of the Senate, one of whom shall be a member of a
recognized veterans' organization. consisting of:
a. One representative from the Jacksonville community.
b. One representative from the Havelock community.
c. One representative from the Goldsboro community.
d. One representative from the Fayetteville community.
e. One public member who is a member of a recognized veterans' organization.
(3) Fifteen Five members appointed by the
Governor, consisting of:
a. Three representativesOne representative
from the Jacksonville community.
b. Three representativesOne representative
from the Havelock community.
c. Three representativesOne representative
from the Goldsboro community.
d. Three representativesOne representative
from the Fayetteville community.
e. Three One public members from
across the State.member who is a veteran.
."
Minority Health Advisory Council
SECTION 2.20. Effective July 1, 2012, G.S. 130A‑33.44 reads as rewritten:
"§ 130A‑33.44. Minority Health Advisory Council members; selection; quorum; compensation.
(a) The Minority Health Advisory Council in the
Department shall consist of 15 nine members to be appointed as
follows:
(1) Five Three members shall be appointed
by the Governor. Members appointed by the Governor shall be representatives of
the following: health care providers, public health, health related public and
private agencies and organizations, community‑based organizations, and
human services agencies and organizations.
(2) Five Three members shall be appointed
by the Speaker of the House of Representatives, two one of whom
shall be members a member of the House of Representatives, and at
least one of whom shall be a public member. The remainder of the Speaker's
appointees shall be representative of any of the entities named in subdivision
(1) of this subsection.
(3) Five Three members shall be appointed
by the President Pro Tempore of the Senate, two one of whom shall
be members a member of the Senate, and at least one of
whom shall be a public member. The remainder of the President Pro Tempore's
appointeesmember, and one of whom shall be representative of any of
the entities named in subdivision (1) of this subsection.
."
North Carolina Museum of Art Board of Trustees
SECTION 2.21.(a) Effective October 1, 2012, G.S. 140‑5.13 reads as rewritten:
"§ 140‑5.13. Board of Trustees establishment; members; selection; quorum; compensation; officers; meetings.
(b) The Board of Trustees of the North Carolina Museum
of Art shall consist of 2911 members, chosen as follows:
(1) The Governor shall appoint 13 members, one from
each congressional district in the State in accordance with G.S. 147‑12(3b);five
members;
(2) The North Carolina State Art Society,
Incorporated, shall elect four members;
(3) The North Carolina Museum of Art Foundation,
Incorporated, shall elect four two members;
(4) The Board of Trustees of the North Carolina Museum
of Art shall elect four two members;
(5) The General Assembly shall appoint four two
members, two one upon the recommendation of the Speaker of
the House of Representatives, and two one upon the recommendation
of the President Pro Tempore of the Senate in accordance with G.S. 120‑121;
(6) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 49.
All regular appointments or elections except those by the General Assembly shall be for terms of six years, except that each member shall serve until his successor is chosen and qualifies. No person may be appointed or elected to more than two consecutive terms of six years. All regular appointments by the General Assembly shall be for the then current legislative term, and no appointee of the General Assembly may be appointed to more than two consecutive terms of two years.
."
SECTION 2.21.(b) The terms of the members currently serving on the Board of Trustees of the North Carolina Museum of Art shall expire September 30, 2012. Members appointed to the Board pursuant to G.S. 140‑5.13, as amended by subsection (a) of this section, shall begin serving their terms on October 1, 2012.
North Carolina Board of Science and Technology
SECTION 2.22. Effective July 1, 2012, G.S. 143B‑472.81 reads as rewritten:
"§ 143B‑472.81. North Carolina Board of Science and Technology; membership; organization; compensation; staff services.
(a) The North Carolina Board of Science and Technology
consists of the Governor, the Secretary of Commerce, and 17 13 members
appointed as follows: the Governor shall appoint one member from the University
of North Carolina at Chapel Hill, one member from North Carolina State
University at Raleigh, and two membersone member from other
components of the University of North Carolina, all nominated by the President
of the University of North Carolina; one member from Duke University, nominated
by the President of Duke University; one member from a private college or
university, other than Duke University, in North Carolina, nominated by the
President of the Association of Private Colleges and Universities; one member
from the Research Triangle Institute, nominated by the executive committee of
the board of that institute; one member from the Microelectronics Center of
North Carolina, nominated by the executive committee of the board of that
center; one member from the North Carolina Biotechnology Center, nominated by
the executive committee of the board of that center; four membersone
member from private industry in North Carolina, at least one of whom
shall be a professional engineer registered pursuant to Chapter 89C of the
General Statutes or a person who holds at least a bachelors degree in
engineering from an accredited college or university; and two members from
public agencies in North Carolina. Two members from private industry in
North Carolina shall be appointed by the General Assembly, one shall be
appointed upon the recommendation of the President Pro Tempore of the Senate,
and one shall be appointed upon the recommendation of the Speaker of the House
of Representatives in accordance with G.S. 120‑121. The nominating
authority for any vacancy on the Board among members appointed by the Governor
shall submit to the Governor two nominations for each position to be filled,
and the persons so nominated shall represent different disciplines.
(b) Members appointed to the Board by the General
Assembly shall serve for two‑year terms beginning 1 July of odd‑numbered
years. Vacancies in appointments made by the General Assembly shall be filled
in accordance with G.S. 120‑122. The two members from public
agencies shall serve for terms expiring at the end of the term of the Governor
appointing them. The other 13nine members appointed to the
Board by the Governor shall serve for four‑yearthree‑year
terms, and until their successors are appointed and qualified. Of those 13nine
members, six five shall serve for terms that expire on 30
June of years that follow by one year those years that are evenly
divisible by four,three, and sevenfour shall serve
for terms that expire on 30 June of years that follow by three years precede
by one year those years that are evenly divisible by four.three.
Any appointment to fill a vacancy on the Board created by the resignation,
dismissal, death, or disability of a member shall be for the balance of the
unexpired term.
(c) The Governor or the Governor's designee shall serve as chair of the Board. The vice‑chair and the secretary of the Board shall be designated by the Governor or the Governor's designee from among the members of the Board.
."
State Youth Advisory Council
SECTION 2.23. Effective July 1, 2012, G.S. 143B‑386 reads as rewritten:
"§ 143B‑386. State Youth Advisory Council members; selection; quorum; compensation.
The State Youth Advisory Council of the Department of
Administration shall consist of 20 10 members. The composition
and appointment of the Council shall be as follows:
Ten Five youths to be elected by the procedure
adopted by the Youth Advisory Council, which shall include a requirement that four
two of the members represent youth organizations; and 10 five
adults to be appointed by the Governor at least four two of
whom shall be individuals working on youth programs through youth
organizations. Provided that no person shall serve on the Board for more than
two complete consecutive terms.
The initial members of the Council shall be the appointed
members of the Youth Advisory Board who shall serve for a period equal to the
remainder of their current terms on the Youth Advisory Board. The current terms
of the youth members expire July 1, 1976, the current terms of four of the
adult members expire April 7, 1976, and the remaining four adult members' terms
expire May 1, 1978. At the end of the respective terms of office of the initial
members of the Council, the appointment of their successors shall be as
follows:
(1) Eight youth members to serve for terms
beginning on July 1, 1976, and expiring on June 30, 1977, and two additional
youth members to serve for terms beginning on July 1, 1977, and expiring on
June 30, 1978. At the end of the terms of office of these youth members of the
Council, the appointment of their successors shall be for terms of two years
and until their successors are appointed and qualify.
(2) Four adult members to serve for terms
beginning on April 8, 1976, and expiring on June 30, 1979; four adult members
to serve for terms beginning on May 1, 1978, and expiring on June 30, 1980; one
additional adult member to serve for a term beginning July 1, 1977, and
expiring June 30, 1978; and one additional adult member to serve for a term
beginning July 1, 1977, and expiring June 30, 1979. At the end of the respective
terms of office of these adult members of the Council, the appointment of their
successors shall be for terms of two years and until their successors are
appointed and qualify. At least one adult member shall be an advisor of a local
youth council at appointment and for the duration of the term.The term
for each appointment shall be for two years. The total membership shall
reasonably reflect the socioeconomic, ethnic, sexual and sectional composition
of the State.
Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16 of the Executive Organization Act of 1973.
The Governor shall designate an adult member of the Council
to serve as chairman chair at the pleasure of the Governor. The
Council shall elect a youth member to serve as vice‑chairman vice‑chair
for a one‑year term.
A majority of the Council shall constitute a quorum for the transaction of business.
Members of the Council who are not officers or employees of the State shall receive per diem and necessary travel and subsistence expenses in accordance with provisions of G.S. 138‑5.
All clerical and other services required by the Council shall be supplied by the Secretary of Administration."
SECTION 2.23A. Unless otherwise provided, Sections 2.1 through 2.23 become effective July 1, 2012, and the members currently serving on the boards and commissions set out in those sections expire on June 30, 2012. If the terms of office being eliminated in this Subpart have not been set out by this act, then the appointing authorities shall determine by August 1, 2012, which terms to eliminate to achieve the membership totals pursuant to this Subpart.
subpart b. exECUTIVE BOARDS AND COMMISSIONS
North Carolina Agricultural Finance Authority
SECTION 2.24. Effective July 1, 2012, G.S. 122D‑4 reads as rewritten:
"§ 122D‑4. North Carolina Agricultural Finance Authority.
(b) The Authority shall be composed
of 10 members appointed to three‑year terms as follows:
(1) One member appointed by the Governor to a
term that expires on 1 July of years that precede by one year those years that
are evenly divisible by three.
(2) One member appointed by the Governor to a
term that expires on 1 July of years that are evenly divisible by three.
(3) One member appointed by the Governor to a
term that expires on 1 July of years that follow by one year those years that
are evenly divisible by three.
(4) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate to
a term that expires on 1 July of years that precede by one year those years that
are evenly divisible by three.
(5) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate to
a term that expires on 1 July of years that are evenly divisible by three.
(6) One member appointed by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate to
a term that expires on 1 July of years that follow by one year those years that
are evenly divisible by three.
(7) One member appointed by the General
Assembly upon the recommendation of the Speaker of the House of Representatives
to a term that expires on 1 July of years that precede by one year those years
that are evenly divisible by three.
(8) One member appointed by the General
Assembly upon the recommendation of the Speaker of the House of Representatives
to a term that expires on 1 OKJuly of years that are evenly divisible by
three.
(9) One member appointed by the General
Assembly upon the recommendation of the Speaker of the House of Representatives
to a term that expires on 1 July of years that follow by one year those years
that are evenly divisible by three.
(10) The Commissioner or the Commissioner's
designee shall serve ex officio, with the same rights and privileges, including
voting rights, as other members.
(b1) The Authority shall be composed of seven members appointed to three‑years terms as follows:
(1) Two members appointed by the Governor to a term that expires on June 30 of years that precede by one year those years that are evenly divisible by three.
(2) Two members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate to a term that expires June 30 of years that precede by one year those years that are evenly divisible by three.
(3) Two members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives to a term that expires on June 30 of years that follow by one year those years that are evenly divisible by three.
(4) The Commissioner or the Commissioner's designees shall serve ex officio with the same rights and privileges, including voting rights, as other members.
(c) A member appointed under subdivisions (1) through (9)(3)
of subsection (b)(b1) of this section may be reappointed to no
more than two successive three‑year terms. Upon the expiration of a three‑year
term, a member shall continue to serve until a successor is appointed and duly
qualified as provided by G.S. 128‑7.
(d) Vacancies in the offices of any appointed members of the Authority shall be filled in accordance with G.S. 120‑122 for the remainder of the unexpired term. No vacant office shall be included in the determination of a quorum. No vacancy in office shall impair the rights of the members to exercise all rights and to conduct official business of the Authority.
."
U.S.S. North Carolina Battleship Commission
SECTION 2.25. Effective July 1, 2012, the U.S.S. North Carolina Battleship Commission shall be limited to 12 members. By August 1, 2012, the Governor shall eliminate six of the appointments made by the Governor to the Commission, established pursuant to G.S. 143B‑73.
North Carolina Child Care Commission
SECTION 2.26. Effective July 1, 2012, the North Carolina Child Care Commission shall be limited to 15 members. By August 1, 2012, the Governor shall eliminate two of the appointments made by the Governor to the Commission, established pursuant to G.S. 143B‑168.3.
North Carolina Coastal Resources Commission
SECTION 2.27. Effective July 1, 2012, 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 nine 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.
(c) Appointment of Members. 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.
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) (10)
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. The members of the Commission whose qualifications are described in subdivisions (1) through (5), (9), and (11), 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 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.
(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)and (11) 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 chair 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.
(i) Officers. The chairman chair shall
be designated by the Governor from among the members of the Commission
to serve as chairman at the pleasure of the Governor.Commission. The
vice‑chairmanvice‑chair 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 regularly appointed term.
."
Domestic Violence Commission
SECTION 2.28. Effective July 1, 2012, G.S. 143B‑394.15 reads as rewritten:
"§ 143B‑394.15. Commission established; purpose; membership; transaction of business.
(c) Membership. The Commission shall consist of 39
20 members, who reflect the geographic and cultural regions of the
State, as follows:
(1) Nine Six persons appointed by the
Governor, one of whom is a clerk of superior court; one of whom is an
academician who is knowledgeable about domestic violence trends and treatment; one
of whom is a member of the medical community; one of whom is a United States
Attorney for the State of North Carolina or that person's designee; one of whom
is a member of the North Carolina Bar Association who has studied domestic
violence issues; one of whom is a representative of a victims' service program
eligible for funding by the Governor's Crime Commission or the North Carolina
Council for Women;program; and one of whom is a member of the North
Carolina Coalition Against Domestic Violence; one of whom is a former victim of
domestic violence; and one of whom is a member of the public at large.violence.
(2) Nine Five persons appointed by the
General Assembly, upon recommendation of the President Pro Tempore of the
Senate, one of whom is a member of the Senate; one of whom is a district
court judge; one of whom is a district attorney or assistant district
attorney; one of whom is a representative of the law enforcement community with
specialized knowledge of domestic violence issues; one of whom is a county
manager; one of whom is a representative of a community legal services
agency who works with domestic violence victims; one of whom is a former
victim representative of the linguistic and cultural minority communities; and
one of whom is a representative of a victims' service program eligible
for funding by the Governor's Crime Commission or the North Carolina
Council for Women; and one of whom is a member of the public at large.Women.
(3) Nine Five persons appointed by the
General Assembly, upon recommendation of the Speaker of the House of
Representatives, one of whom is a member of the House of Representatives; one
of whom is a magistrate; one of whom is a member of the business community; one
of whom is a district court judge; one of whom is a representative of a victims'
service program eligible for funding by the Governor's Crime Commission or the
North Carolina Council for Women; one of whom is a representative of the
law enforcement community with specialized knowledge of domestic violence
issues; one of whom provides offender treatment and is approved by the North
Carolina Council for Women; one of whom is a representative of the
linguistic and cultural minority communities; and one of whom is a public
member.former victim of domestic violence.
(4) The following personsAttorney General,
the Secretary of the Department of Public Safety, and the Chair of the North
Carolina Council for Women, or their designees, ex officio:designees
shall serve ex officio.
a. The Governor.
b. The Lieutenant Governor.
c. The Attorney General.
d. The Secretary of the Department of
Administration.
e. The Secretary of the Department of Public
Safety.
f. The Superintendent of Public
Instruction.
g. The Secretary of Public Safety.
h. The Secretary of the Department of Health
and Human Services.
i. The Director of the Office of State
Personnel.
j. The Chair of the North Carolina Council
for Women.
k. The Dean of the School of Government at
the University of North Carolina at Chapel Hill.
l. The Chairman of the Governor's Crime
Commission.
(d) Terms. Members shall serve for two‑year terms, with no prohibition against being reappointed, except initial appointments shall be for terms as follows:
(1) The Governor shall initially appoint five three
members for terms of two years and four three members for
terms of three years.
(2) The President Pro Tempore of the Senate shall
initially appoint five three members for terms of two years and four
two members for terms of three years.
(3) The Speaker of the House of Representatives shall
initially appoint five three members for terms of two years and four
two members for terms of three years.
Initial terms shall commence on September 1, 1999.
(e) Chair. The chair shall be appointed biennially by the Governor from among the membership of the Commission. The initial term shall commence on September 1, 1999.
."
North Carolina Medical CarE Commission
SECTION 2.29. Effective July 1, 2012, G.S. 143B‑166 reads as rewritten:
"§ 143B‑166. North Carolina Medical Care Commission members; selection; quorum; compensation.
The North Carolina Medical Care Commission of the Department
of Health and Human Services shall consist of 17 11 members
appointed by the Governor. Three of the members appointed by the Governor shall
be nominated by the North Carolina Medical Society, one member shall be
nominated by the North Carolina Nurses Association, one member shall be
nominated by the North Carolina Pharmaceutical Association, one member
nominated by the Duke Foundation and one member nominated by the North Carolina
Hospital Association. The remaining 10 four members of the North
Carolina Medical Care Commission shall be appointed by the Governor and
selected so as to fairly represent agriculture, industry, labor, and other
interest groups in North Carolina. One such member appointed by the Governor
shall be a dentist licensed to practice in North Carolina. The initial members
of the Commission shall be 18 members of the North Carolina Medical Care
Commission who shall serve for a period equal to the remainder of their current
terms on the North Carolina Medical Care Commission, six of whose appointments
expire June 30, 1973, four of whose appointments expire June 30, 1974, four of
whose appointments expire June 30, 1975, and four of whose appointments expire
June 30, 1976. To achieve the required 17 members the Governor shall appoint
three members to the Commission upon the expiration of four members' initial
terms on June 30, 1973. At the end of the respective terms of office of the
initial members of the Commission, their successors shall be appointed for
terms of four years and until their successors are appointed and qualify. 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 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.
Vacancies on said Commission among the membership nominated by a society, association, or foundation as hereinabove provided shall be filled by the Executive Committee or other authorized agent of said society, association or foundation until the next meeting of the society, association or foundation at which time the society, association or foundation shall nominate a member to fill the vacancy for the unexpired term.
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.
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services."
Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services
SECTION 2.30. Effective July 1, 2012, G.S. 143B‑148 reads as rewritten:
"§ 143B‑148. Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services members; selection; quorum; compensation.
(a) The Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services of the Department of Health and
Human Services shall consist of 32 19 members, as follows:
(1) Eight shall be appointed by the General Assembly, four upon the recommendation of the Speaker of the House of Representatives, and four upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121. In recommending appointments under this section, the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall give consideration to ensuring a balance of appointments that represent those who may have knowledge and expertise in adult issues and those who may have knowledge and expertise in children's issues. Of the four appointments recommended by the President Pro Tempore of the Senate, one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of administrative law, one shall be a physician licensed to practice medicine in North Carolina, with preference given to a psychiatrist, and two shall be members of the public. Of the four appointments recommended by the Speaker of the House of Representatives, one shall be an attorney licensed in this State with preference given to an attorney with experience in the practice of mental health law, one shall be a physician licensed to practice medicine in North Carolina who has expertise and experience in the field of developmental disabilities, or a professional holding a Ph.D. with experience in the field of developmental disabilities, and two shall be members of the public. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120‑122.
(2) Twenty‑fourEleven shall be
appointed by the Governor, one from each congressional district in the State
in accordance with G.S. 147‑12(3)b, and the remainder at‑large
members.Governor. The Governor's appointees shall represent the
following categories of appointment:
a. Three professionalsProfessionals
licensed or certified under Chapter 90 or Chapter 90B of the General Statutes
who are practicing, teaching, or conducting research in the field of mental
health.
b. Four consumersConsumers or immediate
family members of consumers of mental health services. Of these four, at
least one shall be a consumer and at least one shall be an immediate family
member of a consumer. No more than two of the consumers or immediate family
members shall be selected from nominations submitted by the Coalition 2001 or
its successor organization.
c. Two professionalsProfessionals
licensed or certified under Chapter 90 or Chapter 90B of the General Statutes
who are practicing, teaching, or conducting research in the field of
developmental disabilities, and one individual who is a "qualified
professional" as that term is defined in G.S. 122C‑3(31) who
has experience in the field of developmental disabilities.
d. Four consumersConsumers or immediate
family members of consumers of developmental disabilities services. Of these
four, at least one shall be a consumer and at least one shall be an immediate
family member of a consumer. No more than two of the consumers or immediate
family members shall be selected from nominations submitted by the Coalition
2001 or its successor organization.
e. Two professionalsProfessionals
licensed or certified under Chapter 90 of the General Statutes who are
practicing, teaching, or conducting research in the field of substance abuse,
and one professional who is a certified prevention specialist or who
specializes in the area of addiction education.
f. An individual knowledgeable and experienced in the field of controlled substances regulation and enforcement. The controlled substances appointee shall be selected from recommendations made by the Attorney General of North Carolina.
g. A physician licensed to practice medicine in North Carolina who has expertise and experience in the field of substance abuse with preference given to a physician that is certified by the American Society of Addiction Medicine (ASAM).
h. Four consumersConsumers or immediate
family members of consumers of substance abuse services. Of these four, at
least one shall be a consumer and at least one shall be an immediate family
member of a consumer. No more than two of the consumers or immediate family
members shall be selected from nominations submitted by the Coalition 2001 or
its successor organization.
i. An attorney licensed in this State. The appointments of professionals licensed or certified under Chapter 90 or Chapter 90B of the General Statutes made in accordance with this subdivision, and physicians appointed in accordance with subdivision (1) of this subsection shall be selected from nominations submitted to the appointing authority by the respective professional associations.
."
North Carolina Partnership for Children, Inc., Board of Directors
SECTION 2.31. Effective July 1, 2012, G.S. 143B‑168.12 reads as rewritten:
"§ 143B‑168.12. North Carolina Partnership for Children, Inc.; conditions.
(a) In order to receive State funds, the following conditions shall be met:
(1) The North Carolina Partnership shall have a Board
of Directors consisting of the following 2620 members:
a. The Secretary of Health and Human Services, ex officio, or the Secretary's designee;
b. Repealed by Session Laws 1997, c. 443, s. 11A.105.
c. The Superintendent of Public Instruction, ex officio, or the Superintendent's designee;
d. The President of the Community Colleges System, ex officio, or the President's designee;
e. Three members of the public, including one child care provider, one other who is a parent, and one other who is a board chair of a local partnership serving on the North Carolina Partnership local partnership advisory committee, appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate;
f. Three members of the public, including one who is a parent, one other who is a representative of the faith community, and one other who is a board chair of a local partnership serving on the North Carolina Partnership local partnership advisory committee, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives;
g. Twelve Six members, appointed by the
Governor. Three Two of these 12 six members shall
be members of the party other than the Governor's party, appointed by the
Governor. Seven of these 12 These six members shall be appointed
as follows: one who is a child care provider, one other who is a pediatrician, one
other who is a health care provider, one other who is a parent, one other
who is a member of the business community, one other who is a member
representing a philanthropic agency, and one other who is an early childhood
educator;
h. Repealed by Session Laws 1998‑212, s. 12.37B(a), effective October 30, 1998.
h1. The Chair of the North Carolina Partnership Board
shall be appointed by the Governor;members of the Board;
i. Repealed by Session Laws 1998‑212, s. 12.37B(a), effective October 30, 1998.
j. One member of the public appointed by the General Assembly upon recommendation of the Majority Leader of the Senate;
k. One member of the public appointed by the General Assembly upon recommendation of the Majority Leader of the House of Representatives;
l. One member of the public appointed by the General Assembly upon recommendation of the Minority Leader of the Senate;
m. One member of the public appointed by the General Assembly upon recommendation of the Minority Leader of the House of Representatives; and
n. The Director of the More at Four NC Pre‑Kindergarten
Program, or the Director's designee.
All members appointed to succeed the initial members and members appointed thereafter shall be appointed for three‑year terms. Members may succeed themselves.
All appointed board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the North Carolina Partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the North Carolina Partnership regarding the disbursement of funds.
All ex officio members are voting members. Each ex officio member may be represented by a designee. These designees shall be voting members. No members of the General Assembly shall serve as members.
The North Carolina Partnership may establish a nominating committee and, in making their recommendations of members to be appointed by the General Assembly or by the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Majority Leader of the Senate, the Majority Leader of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, and the Governor shall consult with and consider the recommendations of this nominating committee.
The North Carolina Partnership may establish a policy on members' attendance, which policy shall include provisions for reporting absences of at least three meetings immediately to the appropriate appointing authority.
Members who miss more than three consecutive meetings without excuse or members who vacate their membership shall be replaced by the appropriate appointing authority, and the replacing member shall serve either until the General Assembly and the Governor can appoint a successor or until the replaced member's term expires, whichever is earlier.
The North Carolina Partnership shall establish a policy on membership of the local boards. No member of the General Assembly shall serve as a member of a local board. Within these requirements for local board membership, the North Carolina Partnership shall allow local partnerships that are regional to have flexibility in the composition of their boards so that all counties in the region have adequate representation.
All appointed local board members shall avoid conflicts of interests and the appearance of impropriety. Should instances arise when a conflict may be perceived, any individual who may benefit directly or indirectly from the partnership's disbursement of funds shall abstain from participating in any decision or deliberations by the partnership regarding the disbursement of funds.
."
Commission for Public Health
SECTION 2.32. Effective July 1, 2012, G.S. 130A‑30 reads as rewritten:
"§ 130A‑30. Commission for Public Health Members; selection; quorum; compensation.
(a) The Commission for Public Health shall consist of 13
11 members, four of whom shall be elected by the North Carolina
Medical Society and nine seven of whom shall be appointed by the
Governor.
(b) One of the members appointed by the Governor shall be a licensed pharmacist, one a registered engineer experienced in sanitary engineering or a soil scientist, one a licensed veterinarian, one a licensed optometrist, one a licensed dentist, and one a registered nurse. The initial members of the Commission shall be the members of the State Board of Health who shall serve for a period equal to the remainder of their current terms on the State Board of Health, three of whose appointments expire May 1, 1973, and two of whose appointments expire May 1, 1975. At the end of the respective terms of office of initial members of the Commission, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. 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.
."
University of North Carolina Center for Public Television Board of Trustees
SECTION 2.33. Effective July 1, 2012, G.S. 116‑37.1 reads as rewritten:
"§ 116‑37.1. Center for public television.
(b) The Center shall have a board of trustees, to be named "the Board of Trustees of the University of North Carolina Center for Public Television" (hereinafter called "the Board of Trustees"). The Board of Governors is hereby authorized and directed to establish the Board of Trustees of the Center and to delegate to the Board of Trustees such powers and duties as the Board of Governors deems necessary or appropriate for the effective discharge of the functions of the Center; provided, that the Board of Governors shall not be deemed by the provisions of this section to have the authority to delegate any responsibility it may have as licensee of the broadcast facilities of the University of North Carolina.
(1) The Board of Trustees of the University of North
Carolina Center for Public Television shall be composed of the following
membership: 11 four persons appointed by the Board of Governors; four
two persons appointed by the Governor; two members appointed by the
General Assembly, one upon the recommendation of the Speaker of the House of
Representatives, and one upon the recommendation of the President Pro Tempore
of the Senate in accordance with G.S. 120‑121; and ex officio, the
Secretary of the Department of Cultural Resources, the Secretary of the
Department of Health and Human Services, the Superintendent of Public
Instruction, the President of the Community College System, and the President
of the University of North Carolina. In making initial appointments to the
Board of Trustees, the Board of Governors shall designate six persons for two‑year
terms and five persons for four‑year terms, and the Governor shall
designate two persons for two‑year terms and two persons for four‑year
terms. The initial members appointed to the Board of Trustees by the General
Assembly shall serve for terms expiring June 30, 1983, and notwithstanding
anything else in this section, their successors shall be appointed in 1983 and
biennially thereafter for two‑year terms. Thereafter, the term of office
of appointed members of the Board of Trustees of the Center shall be four
years. In making appointments to the Board of Trustees the appointing
authorities shall give consideration to promoting diversity among the
membership, to the end that, in meeting the responsibilities delegated to it,
the Board of Trustees will reflect and be responsive to the diverse needs,
interests, and concerns of the citizens of North Carolina.
."
Social Services Commission
SECTION 2.34. Effective July 1, 2012, G.S. 143B‑154 reads as rewritten:
"§ 143B‑154. Social Services Commission members; selection; quorum; compensation.
The Social Services Commission of the Department of Health
and Human Services shall consist of one member from each congressional
district in the State, all of whom shall benine members appointed by
the Governor for four‑year terms.terms beginning July 1.
The initial members of the Commission shall be the
appointed members of the current Social Services Commission who shall serve for
the remainder of their current terms and four additional members appointed by
the Governor for terms expiring April 1, 1981. Any appointment to fill a
vacancy on the Commission created by the resignation, dismissal, death, removal
or disability of a member shall be for the balance of the unexpired term.
In the event that more than 11 congressional
districts are established in the State, the Governor shall on July 1 following
the establishment of such additional congressional districts appoint a member
of the Commission from that congressional district.
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.
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.
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Health and Human Services."
North Carolina Textbook Commission
SECTION 2.35. Effective July 1, 2012, G.S. 115C‑87 reads as rewritten:
"§ 115C‑87. Appointment of Textbook Commission.
Shortly after assuming office, the Governor shall appoint a
Textbook Commission of 23 16 members who shall hold office for
four years, or until their successors are appointed and qualified. The members
of the Commission shall be appointed by the Governor upon recommendation of the
Superintendent. Five Three of these members shall be teachers or
principals in grades K‑5; five three shall be teachers or
principals in grades 6‑8; four shall be superintendents, teachers, or
principals in grades 9‑12; one shall be a superintendent of a local
school administrative unit, three two shall be parents of students
in grades K‑5 at the time of appointment; three two shall
be parents of students in grades 6‑8 at the time of appointment; and two
shall be parents of students in grades 9‑12 at the time of appointment.
The Governor shall fill all vacancies by appointment for the unexpired term.
The Commission shall elect a chairman,chair, subject to the
approval of the Superintendent. The Commission shall meet four times a year or
at the call of the chair. The members shall be entitled to compensation for
each day spent on the work of the Commission as approved by the Board and to
reimbursement for travel and subsistence expense incurred in the performance of
their duties at the rates specified in G.S. 138‑5(a). Compensation
shall be paid from funds available to the State Board of Education."
Tobacco Trust Fund Commission
SECTION 2.36. G.S. 143‑717 reads as rewritten:
"§ 143‑717. Commission.
(b) Membership. The Commission shall consist of 18
13 members. The Commission shall be appointed as follows: six five
members by the Governor, six four members by the President
Pro Tempore of the Senate, and six four members by the Speaker of
the House of Representatives. The members shall be appointed as follows:
(1) The Governor shall make the following appointments:
a. A flue‑cured tobacco farmer.
b. A flue‑cured tobacco farmer.
c. A person in or displaced from tobacco‑related employment.
d. An at‑large appointee.
e. An at‑large appointee.
f. An at‑large appointee.
(2) The President Pro Tempore of the Senate shall make the following appointments:
a. A flue‑cured tobacco farmer.
b. A flue‑cured tobacco farmer.
c. A burley tobacco farmer.
d. An at‑large appointee.
e. An at‑large appointee.
f. An at‑large appointee.
(3) The Speaker of the House of Representatives shall make the following appointments:
a. A flue‑cured tobacco farmer.
b. A former flue‑cured allotment
holder who is not also a flue‑cured tobacco farmer.
c. A burley tobacco farmer.
d. An at‑large appointee.
e. An at‑large appointee.
f. An at‑large appointee.
It is the intent of the General Assembly that the appointing authorities, in appointing members, shall appoint members who represent the geographic, political, gender, and racial diversity of the State. It is the intent of the General Assembly that at least one‑half of the members of the Commission be tobacco farmers.
Except as provided for the initial members under subsection (c) of this section, members shall serve four‑year terms beginning July 1. No member may serve more than two full consecutive terms. Members may continue to serve beyond their terms until their successors are duly appointed, but any holdover shall not affect the expiration date of the succeeding term. Vacancies shall be filled by the designated appointing authority for the remainder of the unexpired term. A member may be removed from office for cause by the authority that appointed that member.
(c) Initial Membership; Staggering. To provide for a
staggered membership, the members initially appointed to the Commission shall
be appointed to staggered terms. Of the initial appointments to the Commission,
the members initially appointed pursuant to sub‑subdivisions (b)(1)a.,(b)(1)b.,
and (2)d., and (3)d. of this section shall serve one‑year
terms ending on June 30, 2001.June 30, 2013. The members
initially appointed pursuant to sub‑subdivisions (b)(2)c., (2)e., (3)a.,
and (3)e. shall serve two‑year terms ending on June 30, 2002.June
30, 2014. The members initially appointed pursuant to sub‑subdivisions
(b)(1)c., (1)d., (1)e., (2)b., and (3)c. of this section shall serve
three‑year terms ending June 30, 2003. June 30, 2015. The
remaining members initially appointed pursuant to subsection (b) of this
section shall serve four‑year terms ending June 30, 2004.June 30,
2016.
(f) Quorum; Majority. Ten Seven members
shall constitute a quorum of the Commission. The Commission may act upon a
majority vote of the members of the Commission on matters involving the
disbursement of funds and personnel matters properly before the Commission. On
all other matters, the Commission may act by majority vote of the members of
the Commission at a meeting at which a quorum is present.
."
North Carolina Institute of Medicine, Board of Directors
SECTION 2.37. G.S. 90‑470 reads as rewritten:
"§ 90‑470. Institute of Medicine.
The persons appointed under the provisions of this section are declared to be a body politic and corporate under the name and style of the North Carolina Institute of Medicine, and by that name may sue and be sued, make and use a corporate seal and alter the same at pleasure, contract and be contracted with, and shall have and enjoy all the rights and privileges necessary for the purposes of this section. The corporation shall have perpetual succession.
The purposes for which the corporation is organized are to:
(1) Be concerned with the health of the people of North Carolina;
(2) Monitor and study health matters;
(3) Respond authoritatively when found advisable;
(4) Respond to requests from outside sources for analysis and advice when this will aid in forming a basis for health policy decisions.
The 18 Governor shall appoint seven of the initial
members of the North Carolina Institute of Medicine shall be appointed by
the Governor.Medicine beginning July 1, 2012. The General Assembly shall
appoint four members, two upon the recommendation of the President Pro Tempore
of the Senate and two upon the recommendation of the Speaker of the House of
Representatives to an initial term beginning July 1, 2012.
The initial members are authorized, prior to expanding the membership, to establish bylaws, to procure facilities, employ a director and staff, to solicit, receive and administer funds in the name of the North Carolina Institute of Medicine, and carry out other activities necessary to fulfill the purposes of this section.
The members shall select with the approval of the Governor additional members, so that the total membership will not exceed a number determined by the Board of Directors in its bylaws. The membership should be distinguished and influential leaders from the major health professions, the hospital industry, the health insurance industry, State and county government and other political units, education, business and industry, the universities, and the university medical centers.
The North Carolina Institute of Medicine may receive and administer funds from private sources, foundations, State and county governments, federal agencies, and professional organizations.
The director and staff of the North Carolina Institute of Medicine should be chosen from those well established in the field of health promotion and medical care.
For the purposes of Chapter 55A of the General Statutes, the members appointed under this section shall be considered the initial board of directors.
The North Carolina Institute of Medicine is declared to be under the patronage and control of the State.
The General Assembly reserves the right to alter, amend, or repeal this section."
North Carolina Council For Women
SECTION 2.38. G.S. 143B‑394 reads as rewritten:
"§ 143B‑394. North Carolina Council for Women members; selection; quorum; compensation.
The North Carolina Council for Women of the Department of
Administration shall consist of 20 11 members appointed by the
Governor. The initial members of the Council shall be the appointed members of
the North Carolina Council for Women, three of whose appointments expire June
30, 1977, and four of whose appointments expire June 30, 1978. Thirteen
additional members shall be appointed in 1977, six of whom shall serve terms
expiring June 30, 1978, and seven of whom shall serve terms expiring June 30,
1979. At the ends of the respective terms of office of the initial members of
the Council and of the 13 members added in 1977, the appointment of their
successors shall be for terms of two years and until their successors are
appointed and qualify.as follows: Seven appointments by the Governor, two
appointments by the President Pro Tempore of the Senate, and two by the Speaker
of the House of Representatives. Initial terms for appointments by the Governor
shall be for two years. Initial appointments by the President Pro Tempore of
the Senate and the Speaker of the House of Representatives shall be for four
years. All subsequent terms shall be for four years. Any appointment to
fill a vacancy on the Council created by the resignation, dismissal, death, or
disability of a member shall be for the balance of the unexpired term. Members
of the Council shall be representative of age, sex, ethnic and geographic
backgrounds.
The Governor shall have the power to remove any member of
the Council from office in accordance with the provisions of G.S. 143B‑16
of the Executive Organization Act of 1973. The appointing authority
shall have the power to remove any member of the Commission appointed by that
authority from office for misfeasance, malfeasance, and nonfeasance according
to applicable provisions of law.
The Governor Council shall designate a
member of the Council to serve as chairman at the pleasure of the Governor.chair.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Administration."
North Carolina Commission on Workforce Development
SECTION 2.39. G.S. 143B‑438.10 reads as rewritten:
"§ 143B‑438.10. Commission on Workforce Development.
(b) Membership; Terms. The Commission on Workforce
Development shall consist of 38 18 members appointed as follows:
(1) By virtue of their offices, the following department and agency heads or their respective designees shall serve on the Commission: the Secretary of the Department of Health and Human Services, the Assistant Secretary of Commerce in charge of the Division of Employment Security, the Superintendent of Public Instruction, the President of the Community Colleges System Office, the Commissioner of the Department of Labor, and the Secretary of the Department of Commerce.
(2) The Governor shall appoint 32 12 members
as follows:
a. Six Two members representing public,
postsecondary, and vocational education.
b. Two membersOne member representing a
community‑based organizations.organization.
c. Six Two members representing labor.
d. Eighteen Seven members representing
business and industry.
(3) The terms of the members appointed by the Governor shall be for four years.
."
ENVIRONMENTAL MANAGEMENT Commission
SECTION 2.40.(a) G.S. 143B‑283 reads as rewritten:
"§ 143B‑283. Environmental Management Commission members; selection; removal; compensation; quorum; services.
(a) Membership. The Environmental Management
Commission shall consist of 13seven 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.
(b) Terms. 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 subsection (a) of this section.
(b1) Removal. 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) 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.
(b3) Quorum. A majority of the Commission shall constitute a quorum for the transaction of business.
(b4) Staff. All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.
(c) Conflicts of Interest. Nine of 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 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, 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.
(d) General Assembly Appointments. 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."
SECTION 2.40.(b) G.S. 143B‑284 reads as rewritten:
"§ 143B‑284. Environmental Management Commission officers.
The Environmental Management Commission shall have a chairman
chair and a vice‑chairman.vice-chair. The chairman
chair shall be designated by the Governor from among the
members of the Commission to serve as chairman at the pleasure of the
Governor.Commission. The vice‑chairmanvice‑chair
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 regularly appointed term
whichever comes first."
SECTION 2.41. Unless otherwise provided, Sections 2.24 through 2.40 become effective July 1, 2012. If the terms of office being eliminated in this Subpart have not been set out by this act, then the appointing authorities shall determine by August 1, 2012, which terms to eliminate to achieve the membership totals pursuant to this Subpart.
PART III. miscellaneous and Conforming changes
e‑NC Authority
SECTION 3.1. Section 1.16 of S.L. 2011‑176 and Section 3.6 of S.L. 2011‑406 are repealed.
Early childhood vision conforming change
SECTION 3.2. G.S. 130A‑440.1 reads as rewritten:
"§ 130A‑440.1. Early Childhood Vision Care.
(f) No child shall be excluded from attending school
for a parent's failure to obtain a comprehensive eye examination required under
this section. If a parent fails or refuses to obtain a comprehensive eye
examination or to provide the certification of a comprehensive eye examination,
the school shall send a written reminder to the parent of required eye examinations
and shall include information about funds that may be available from the
Governor's Commission on Early Childhood Vision Care.examinations."
Employee hospital and medical benefits
SECTION 3.3. G.S. 58‑50‑180 reads as rewritten:
"§ 58‑50‑180. Risk Pool established; board of directors; plan of operation.
(g) The Executive Director shall make an annual report
to the Speaker of the House of Representatives, the President Pro Tempore of
the Senate, the Commissioner, and the Joint Legislative Oversight
Committee on Health and Human Services, and the Committee on Employee Hospital
and Medical Benefits.Services. The report shall summarize the
activities of the Pool in the preceding calendar year, including the net
written and earned premiums, benefit plan enrollment, the expense of
administration, and the paid and incurred losses."
North Carolina Cemetery Commission
SECTION 3.4.(a) G.S. 65‑49 reads as rewritten:
"§ 65‑49. The North Carolina Cemetery Commission.
There is hereby established in the Department of Commerce
a The North Carolina Cemetery Commission is established with the
power and duty to adopt rules and regulations to be followed in the enforcement
of this Article."
SECTION 3.4.(b) G.S. 65‑50 reads as rewritten:
"§ 65‑50. Cemetery Commission; members, selection, quorum.
(a) Membership. The Cemetery Commission shall
consist of nine members. The General Assembly shall appoint two members,members
who own or manage a cemetery in North Carolina, one of whom shall be
recommended by the President Pro Tempore of the Senate and one of whom shall be
recommended by the Speaker of the House of Representatives. The Governor shall
appoint seven members as follows:
(1) Two members who own or manage cemeteries in North Carolina.
(2) Three members who are selected from six nominees submitted by the North Carolina Cemetery Association.
(3) Two public members who have no financial interest in, and are not involved in management of, any cemetery or funeral related business.
(b) Terms. Four members of the initial Commission
shall be appointed for a term to expire June 30, 1977, and three members shall
be appointed for a term to expire June 30, 1976. At the end of the respective
terms of office of the initial members of the Commission, their successors
shall be nominated in the same manner, selected from the same categories and
appointed for terms of four years and until their successors are appointed and
qualified. 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.
(b1) Any vacancy shall be filled by the authority originally filling that position, except that any vacancy in appointments by the General Assembly shall be filled in accordance with G.S. 120‑122.
(c) Removal. The appointing authority shall have the power to remove any member of the Commission appointed by that authority from office for misfeasance, malfeasance and nonfeasance according to applicable provisions of law.
(d) Quorum. A majority of the Commission shall constitute a quorum for the transaction of business.
(e) Chair.Officers. At the first
meeting of the Commission held after September 1, 1975, the Commission shall
elect one of its members as its chairman chair and another as its
vice‑chairman,vice‑chair, both to serve through June
30 of the next following year. Thereafter, at its first meeting held on or
after July 1 of each year, the Commission shall elect from its members a chairman
and vice‑chairman to serve through June 30 of the next following year.president,
vice president, and secretary‑treasurer with no two offices to be held by
the same person. All officers shall serve for a term of one year and shall
serve until their successors are elected and qualified. "
SECTION 3.4.(c) G.S. 65‑51 reads as rewritten:
"§ 65‑51. Principal office.
The principal office of the Commission shall be in the City
of Raleigh, North Carolina. Notice of all regular and special meetings of the
Commission shall be advertised 10 or more days in advance in at least three
newspapers in North Carolina having inter‑county circulation in the
State. Each member of the Commission shall receive per diem and allowances in
accordance with G.S. 138‑5.G.S. 93B‑5. The
administratorMembers of the Commission,Commission and
other employees required to attend and legal counsel to the Commission shall be
entitled to actual expenses while attending regular or special meetings of the
Commission held other than in Raleigh, North Carolina. All salaries,
compensation, and expenses of the Commission shall be paid from funds
coming to the Commission pursuant to this Article. In no case shall any
salary, compensation, or other expense of the Commission be charged against the
General Fund."
SECTION 3.4.(d) G.S. 65‑53 reads as rewritten:
"§ 65‑53. Powers.
In addition to other powers conferred by this Article, the Cemetery Commission shall have the following powers and duties:
(1) The administrator shall be appointed by
the Governor upon recommendation of the Cemetery Commission. The compensation
of the administrator and such other personnel as is necessary to operate the
Commission is subject to the provisions of Chapter 126 of the General Statutes
of North Carolina. The Commission is authorized and empowered toTo
employ such staff, including legal counsel, as may be necessary.necessary
to perform its duties and determine the compensation of its employees.
(2) To examine a cemetery company's records when a person applies for a change of control of the company.
(3) Investigate, upon its own initiative or upon a verified complaint in writing, the actions of any person engaged in the business or acting in the capacity of a licensee under this Article. The license of a licensee may be revoked or suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, where the licensee in performing or attempting to perform any of the acts specified in this Article has been guilty of:
a. Failing to pay the fees required herein;
b. Failing to make any reports required by this Article;
c. Failing to remit to the care and maintenance trust fund, merchandise trust fund, or preconstruction trust fund the required amounts;
d. Making any substantial misrepresentation;
e. Making any false statement of a character likely to influence or persuade;
f. A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salesmen;
g. Violating any provision of this Article or rule promulgated by the Commission; or
h. Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.
(4) In all proceedings under this Article for
the revocation or suspension of licenses, the provisions of Chapter 150B of the
General Statutes shall be applicable. To hold hearings in accordance
with the provisions of this Article and Article 3A of Chapter 150B of the
General Statutes to subpoena witnesses and to administer oaths to or receive
the affirmation of witnesses before the Commission.
In any show cause hearing before the Commission held under the authority of Article 3A of Chapter 150B of the General Statutes where the Commission imposes discipline against a licensee, the Commission may recover the costs, other than attorneys' fees, of holding the hearing against all respondents jointly, not to exceed two thousand five hundred dollars ($2,500).
(5) At such time as the Commission finds it
necessary it may bring an action in the name of the State in the court of the
county in which the place of business is located against such person to enjoin
such person from engaging in or continuing such violation or doing any act or
acts in furtherance thereof. To apply to the courts, in its own name,
for injunctive relief to prevent violations of this Article or violations of
any rules adopted pursuant to this Article. Any court may grant injunctive
relief regardless of whether criminal prosecution or any other action is
instituted as a result of the violation. A single violation is sufficient to
invoke the injunctive relief under this subdivision. In any such action, an
order or judgment may be entered awarding such temporary or permanent
injunction as may be deemed proper; provided, that before any such action is
brought the Commission shall give the cemetery at least 20 days' notice in
writing, stating the alleged violation and giving the cemetery an opportunity
within the 20‑day period to cure the violation. In addition to all other
means provided by law for the enforcement of a temporary restraining order,
temporary injunction, or permanent injunction, the court shall have the power
and jurisdiction to impound and to appoint a receiver for the property and
business of the defendant, including books, papers, documents, and records
appertaining thereto or so much thereof as the court may deem reasonably
necessary to prevent further violation of this Article through or by means of
the use of said property and business. The Commission may institute proceedings
against the cemetery or its officers, whereafter an examination, pursuant to
this Article, a shortage in the care and maintenance trust fund, merchandise
trust fund or mausoleum and belowground crypts preconstruction trust fund is
discovered, to recover said shortage.
(6) Whenever any special additional audit or examination of a licensee's premises, facilities, books or records is necessary because of the failure of the licensee to comply with the requirements imposed in this Article or by the rules and regulations of the Commission, to charge a fee based on the cost of the special examination or audit, taking into consideration the salary of any employees involved in the special audit or examination and any expenses incurred.
(7) Promulgate To promulgate rules and
regulations requiring licensees to file with the Commission plans and
specifications for the minimum quality of any product sold. The sale of any
product for which plans and specifications required by the rules and
regulations have not been filed or sale of any product of a lesser quality than
the plans and specifications filed with the Commission is a violation of this
Article.
(8) When the Commission finds that failure by a licensee to maintain a cemetery properly has caused that cemetery to be a public nuisance or a health or safety hazard, the Commission may bring an action for injunctive relief, against the responsible licensee, in the superior court of the county in which the cemetery or any part thereof is located.
(9) To acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to approval of the Governor and Council of State. Collateral pledged by the Commission for an encumbrance is limited to the assets, incomes, and resources of the Commission.
(10) To purchase, rent, or lease equipment and supplies and purchase liability insurance to cover the activities of the Commission, its operations, or its employees."
SECTION 3.4.(e) Article 9 of Chapter 65 of the General Statutes is amended by adding a new section to read:
"§ 65‑53.1. Inspectors.
(a) The Commission may appoint one or more agents who shall serve at the pleasure of the Commission and who shall have the title "Inspector of the North Carolina Cemetery Commission."
(b) To determine compliance with the provisions of this Article and regulations promulgated under this Article, inspectors may:
(1) Enter the office, establishment, or place of business in North Carolina of any cemetery broker, cemetery company, cemetery management organization, cemetery sales organization, or preneed sales licensee to inspect the records, office, establishment, or facility, or to inspect the practice conducted or license of any licensee.
(2) Inspect criminal and probation records of licensees and applicants for licenses under this Article to obtain evidence of their character.
(c) Inspectors may serve papers and subpoenas issued by the Commission or any office or member thereof under authority of this Article and shall perform other duties prescribed or ordered by the Commission.
(d) The Commission may prescribe an inspection form to be used by the inspectors in performing their duties.
(e) Upon request by the Commission, the Attorney General of North Carolina shall provide the inspectors with appropriate identification cards signed by the Attorney General or his or her designated agent. In lieu of identification cards, the Commission may design and issue badges to inspectors."
SECTION 3.4.(f) Article 9 of Chapter 65 of the General Statutes is amended by adding a new section to read:
"§ 65‑54.1. Commission records are confidential.
Records, papers, and other documents containing information collected or compiled by the Commission, its members, or employees, as a result of a complaint, investigation, inquiry, or interview in connection with an application for license, or in connection with a license holder's professional ethics and conduct, shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Any notice or statement of charges against a license holder or applicant, or any notice to a license holder or applicant of a hearing to be held by the Commission, is a public record even though it may contain information collected and compiled as a result of a complaint, investigation, inquiry, or interview conducted by the Commission. If any record, paper, or other document containing information collected and compiled by the Commission is admitted into evidence in a hearing held by the Commission, it shall then be a public record within the meaning of Chapter 132 of the General Statutes."
SECTION 3.4.(g) G.S. 143B‑433(1) reads as rewritten:
"§ 143B‑433. Department of Commerce organization.
The Department of Commerce shall be organized to include:
(1) The following agencies:
a. The North Carolina Alcoholic Beverage Control Commission.
b. The North Carolina Utilities Commission.
c. Repealed by Session Laws 2011‑401, s. 1.5, effective November 1, 2011.
d. The North Carolina Industrial Commission.
e. State Banking Commission.
f. Savings Institutions Division.
g. Repealed by Session Laws 2001‑193, s. 11, effective July 1, 2001.
h. Credit Union Commission.
i. Repealed by Session Laws 2004‑199, s. 27(d), effective August 17, 2004.
j. The North Carolina Mutual Burial Association Commission.
k. North Carolina Cemetery Commission.
l. The North Carolina Rural Electrification Authority.
m. Repealed by Session Laws 1985, c. 757, s. 179(d).
n. North Carolina Science and Technology Research Center.
o. Repealed by Session Laws 2011‑145, s. 14.6(g), effective July 1, 2011.
p. Repealed by Session Laws 2010‑180, s. 7(f), effective August 2, 2010.
q. Economic Development Board.
r. Labor Force Development Council.
s., t. Repealed by Session Laws 2000, c. 140, s. 76.(j), effective September 30, 2000.
u. Navigation and Pilotage Commissions established by Chapter 76 of the General Statutes.
v. Repealed by Session Laws 1993, c. 321, s. 313b."
SECTION 3.4.(h) Section 14.7(a) of S.L. 2011‑145 reads as rewritten:
"SECTION 14.7.(a) In consultation with the
Fiscal Research Division, the Department of Commerce and the ABC Commission,
State Banking Commission, Credit Union Division, Cemetery Commission, Utilities
Commission, Utilities Commission Public Staff, and the Rural Electrification
Authority shall study the following: (i) the types of services provided by the
Department of Commerce to each of the agencies during each fiscal year; and
(ii) formulas or methods to be used to determine the costs of the services,
including the advantages and disadvantages of each formula or method. The
Department of Commerce and each of the agencies shall prepare a joint
recommendation as to which formula or method to determine the costs of the
services should be used. In addition, the Department of Commerce and each of
the agencies shall develop a memorandum of understanding that details the
services to be provided by the Department of Commerce during each fiscal year."
SECTION 3.4.(i) This section is effective when it becomes law.
Director of the museum of art
SECTION 3.5. G.S. 140‑5.15 reads as rewritten:
"§ 140‑5.15. Director of Museum of Art; appointment; dismissal; powers and duties; staff.
(a) The Secretary of Cultural Resources Director's
Committee shall appoint the Director of the North Carolina Museum of Art from
a list of not fewer than two nominees recommended by the Board of Trustees of
the North Carolina Museum of Art.and may dismiss the Director. The
Director's Committee shall evaluate the performance of the Director and shall
determine the Director's compensation within the limitations of available funding.
(b) The Secretary of Cultural Resources may
dismiss the Director unless two thirds of the authorized membership of the
Board of Trustees shall vote to reverse that action in accordance with the
following procedure: Upon dismissal of the Director, the Secretary shall give
to the chairman of the Board of Trustees written notice of that action. This
notice shall be sent to the chairman of the Board within 10 days after the
Secretary makes a final decision on dismissal. The chairman shall promptly communicate
the notice of dismissal to all other Board members. Board action to consider
reversal of the Secretary's decision shall be taken at a regular or special
meeting called pursuant to G.S. 140‑5.13(h). Reversal of the
Secretary's order of dismissal may be effected only by resolution adopted by an
affirmative vote of two thirds of the authorized membership of the Board of
Trustees at a meeting held within 30 days after the chairman of the Board
receives from the Secretary written notice of dismissal of the Director. All ex
officio members of the Board shall be entitled to vote on this question. The
failure of two thirds of the authorized membership of the Board of Trustees to
vote to reverse the Secretary's order of dismissal within 30 days after the chairman
of the Board receives from the Secretary written notice of dismissal of the
Director shall be deemed an affirmance of that order by the Board.
(b1) The Director's Committee shall consist of the following members:
(1) The Secretary of Cultural Resources.
(2) The Chair of the Board of Trustees of the North Carolina Museum of Art.
(3) One member designated by the Board of Trustees of the North Carolina Museum of Art.
(4) The President of the Board of Directors of the North Carolina Museum of Art Foundation, Inc., or other designated representative of the Board.
(5) One member designated by the Board of the North Carolina Museum of Art Foundation, Inc.
(c) The State‑funded portion of the salary of the Director shall be fixed by the General Assembly in the Current Operations Appropriations Act.
(d) The Director shall have the following powers and duties:
(1) Under the supervision of the Board of Trustees, to direct and administer the North Carolina Museum of Art in accordance with the policies, rules, and regulations adopted by the Board of Trustees;
(2) To employ such persons as are necessary to perform the functions of the North Carolina Museum of Art and are provided for in the budget of the Museum and to promote, demote, and dismiss such persons in accordance with State personnel policies, rules, and regulations. This paragraph shall not apply to associate directors and curators;
(3) To serve as director of collections of the North Carolina Museum of Art;
(4) To serve as Secretary to the Board of Trustees.
(e) The Director, associate directors, and curators shall be exempt from the provisions of the State Personnel Act. The Board of Trustees shall adopt, subject to the approval of the Secretary of Cultural Resources, rules and regulations governing the employment, promotion, demotion, and dismissal of associate directors and curators."
North Carolina Board of Licensing of Soil Scientists
SECTION 3.6. G.S. 89F‑25 reads as rewritten:
"§ 89F‑25. Fees.
(a) The Board shall determine fees for the following services that shall not exceed the amounts specified in this section:
Application $ 50.00
Examination 125.00
License 85.00
Renewal 85.00
Restoration 110.00
Replacement license 50.00
Seal 30.00.
(b) Examination fees shall not exceed the national exam fee as set by the examination vendor selected by the Board."
State Board of Examiners of Electrical Contractors
SECTION 3.7. G.S. 87‑39(a) reads as rewritten:
"(a) The State Board of Examiners of Electrical Contractors shall continue as the State agency responsible for the licensing of persons engaging in electrical contracting within this State, and shall consist of eight members appointed as follows:
(1) one One member from the North
Carolina Department of Insurance to be designated by the Commissioner of Insurance;Insurance.
(2) one memberTwo members who has
have satisfied the requirements for an unlimited license as defined
in G.S. 87‑43.3 and who is a representativeare
representatives of the North Carolina Association of Electrical Contractors
to be designated by the governing body of that organization;organization.
(3) Two members who have satisfied the requirements for an unlimited license as defined in G.S. 87‑43.3 and who are representatives of the Carolinas Electrical Contractors Association to be designated by the governing body of that organization.
(4) and fiveThree members to be
appointed by the Governor:
a. one One from the faculty of
The Greater University of North Carolina who teaches or does research in the
field of electrical engineering,engineering.
b. one One who is serving as a
chief electrical inspector of a municipality or county in North Carolina,
one who has satisfied the requirements for an unlimited license as defined in G.S. 87‑43.3
and who is a representative of the Carolinas Electrical Contractors Association
operating a sole proprietorship, partnership or corporation located in North
Carolina which is actively engaged in the business of electrical contracting,
andCarolina.
c. two One who have has
no ties with the construction industry and who represent represents
the interest of the public at large."
Board of Funeral Service
SECTION 3.8. Article 13A of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90‑210.25B. Persons who shall not be licensed under this Article.
(a) The board shall not issue or renew any licensure, permit, or registration to any person or entity who has been convicted of a sexual offense against a minor.
(b) For purposes of this Article, the term "sexual offense against a minor" means a conviction of any of the following offenses: G.S. 14‑27.4A(a) (sex offense with a child; adult offender), G.S. 14‑27.7A (statutory rape or sexual offense of person who is 13, 14, or 15 years old where the defendant is at least six years older), G.S. 14‑190.16 (first-degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in prostitution of a minor), G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3 (solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14‑202.4(a) (taking indecent liberties with a student), G.S. 14‑318.4(a1) (parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14‑318.4(a2) (commission or allowing of sexual act upon a juvenile by parent or guardian). The term shall also include a conviction of the following: any attempt, solicitation, or conspiracy to commit any of these offenses or any aiding and abetting any of these offenses. The term shall also include a conviction in another jurisdiction for an offense which if committed in this State has the same or substantially similar elements to an offense against a minor as defined by this section.
(c) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of a felony conviction other than those enumerated above, the board shall impose a sanction equal or greater to the sanction imposed by the other jurisdiction.
(d) If a person or entity holding a license, permit, or registration in another jurisdiction has the license revoked, suspended, or placed on probation because of conduct related to fitness to practice as described in G.S. 90‑210.25(e), the board shall impose a sanction equal to or greater than the sanction imposed by the other jurisdiction."
North Carolina Veterinary Medical Board Fees
SECTION 3.9. G.S. 90‑186 reads as rewritten:
"§ 90‑186. Special powers of the Board.
In addition to the powers set forth in G.S. 90‑185 above, the Board may:
(6) Set and require fees pursuant to administrative rule for the following:
a. Issuance or renewal of a certificate of
registration for a professional corporation, in an amount not to exceed one
hundred fifty dollars ($150.00).four hundred fifty dollars ($450.00).
b. Administering a North Carolina license examination,
in an amount not to exceed two hundred fifty dollars ($250.00).seven
hundred fifty dollars ($750.00).
c. Securing and administering national examinations, including the National Board Examination or the Clinical Competency Test, in amounts directly related to the costs to the Board.
d. Inspection of a veterinary practice facility in an
amount not to exceed seventy‑five dollars ($75.00).two hundred
fifty dollars ($250.00).
e. Issuance or renewal of a license or a limited
license in an amount not to exceed one hundred fifty dollars ($150.00).four
hundred fifty dollars ($450.00).
f. Issuance or renewal of a veterinary faculty
certificate, in an amount not to exceed one hundred fifty dollars ($150.00).four
hundred fifty dollars ($450.00).
g. Issuance or renewal of a zoo veterinary
certificate, in an amount not to exceed one hundred fifty dollars ($150.00).four
hundred fifty dollars ($450.00).
h. Reinstatement of an expired license, a limited license, a veterinary faculty certificate, a zoo veterinary certificate, a veterinary technician registration, or a professional corporation registration in an amount not to exceed one hundred dollars ($100.00).
i. Issuance or renewal of a veterinary technician
registration, in an amount not to exceed fifty dollars ($50.00).one
hundred fifty dollars ($150.00).
j. Issuance of a veterinary student intern
registration, in an amount not to exceed twenty‑five dollars ($25.00).seventy‑five
dollars ($75.00).
k. Issuance of a veterinary student preceptee
registration, in an amount not to exceed twenty‑five dollars ($25.00).seventy‑five
dollars ($75.00).
l. Late fee for renewal of a license, a limited license, a veterinary technician registration, a veterinary faculty certificate, a zoo veterinary certificate, or a professional corporation registration, in an amount not to exceed fifty dollars ($50.00).
m. Issuance of a temporary permit to practice
veterinary medicine in an amount not to exceed one hundred fifty dollars
($150.00).four hundred fifty dollars ($450.00).
n. Providing copies, upon request, of Board publications, rosters, or other materials available for distribution from the Board, in an amount determined by the Board that is reasonably related to the costs of providing those copies.
The fees set under this subdivision for the renewal of a license, a limited license, a registration, or a certificate apply to each year of the renewal period.
."
Roanoke River Basin Bi‑State Commission
SECTION 3.10.(a) G.S. 77‑92 reads as rewritten:
"§ 77‑92. Membership; terms of office; eligibility for appointment.
(a) The Roanoke River Basin Bi‑State
Commission shall consist of 18 members with each state appointing nine members.
The North Carolina delegation to the Commission shall consist of the six
members of the General Assembly of North Carolina appointed the
following members:
(1) Three members of the North Carolina House of Representatives appointed by the Speaker of the House of Representatives.
(2) Three members of the North Carolina
Senate appointed by the President Pro Tempore of the Senate. to the
North Carolina Roanoke River Basin Advisory Committee and three
(3) Three nonlegislative members of
the North Carolina Roanoke River Basin Advisory Committee, established pursuant
to G.S. 77‑103, who represent different geographical areas of
the North Carolina portion of the Basin and who reside within the Basin's
watershed, to be appointed by the Governor of North Carolina.
(4) The Virginia delegation to the Commission shall be appointed as determined by the Commonwealth of Virginia.
."
SECTION 3.10.(b) G.S. 77‑93 reads as rewritten:
"§ 77‑93. Powers and duties.
(b) To perform its duties and objectives, the Commission shall have the following powers:
(2) To establish standing and ad hoc advisory
committees pursuant to G.S. 77‑94 in addition to the North
Carolina Roanoke River Basin Advisory Committee established pursuant to Part 2
of this Article and the Virginia Roanoke River Basin Advisory Committee
established pursuant to Chapter 5.4 of Title 62.1 of the Code of Virginia,
which shall be constituted in a manner to ensure a balance between recognized
interests. The Commission shall determine the purpose of each advisory
committee.
."
PART IV. Effective Date.
SECTION 4. Unless otherwise provided, this act is effective when it becomes law.
