Conference report makes the following changes to the 6th edition.
Elimination of Certain State Boards, Committees, and Commissions that Have Met Statutory Requirements. Adds a section that prohibits state agencies from using state appropriations or departmental receipts for the development, promotion, dissemination, or implementation of a statewide climate change action plan or adaptation strategy, unless the activities are specifically authorized by the General Assembly. This does not prevent individual state agencies from addressing climate or weather-related issues or events that are within the scope of their existing duties and responsibilities. Makes organizational and technical changes.
Environmental Management Commission (EMC). Amends GS 143B-283 to require that one of the EMC members appointed by the Governor be a licensed engineer (was, registered engineer) with specialized training and experience in water supply or water or air pollution control. Also deletes the requirement that nine members appointed by Governor be persons who do not derive any significant portion of their income from persons subject to permits or enforcement orders under GS Chapter 143B.
Provides that the terms of members of the EMC serving on January 1, 2013, expire when the section becomes law (was, April 15, 2013). Deletes the requirement that the members specified in amended GS 143B-283 be appointed no later than July 1, 2013. Deletes the provisions extending the terms of four specified members who were serving on January 1, 2013.
Industrial Commission. Amends GS 97-77 to delete the requirement that only persons licensed to practice law in North Carolina are eligible for membership on the Industrial Commission and that at least two commissioners be board certified in workers' compensation law. Changes the effective date of the changes to GS 97-77 to July 1, 2013 (was, April 15, 2013).
Provides that the terms of the Commission members serving terms established by SL 2011-287, Section 22, terminate on June 30, 2013. Requires the Governor to appoint new members subject to confirmation of the General Assembly. Specifies the staggered terms of those six new members. Makes the repeal of SL 2011-287, Section 22, effective July 1, 2013 (was, April 15, 2013).
Utilities Commission. Amends GS 62-10 to delete the requirement that the Governor appoint persons to the Commission with at least five years of progressively responsible experience and a demonstrated competency in any one or more of seven specified areas. Also amends language in the statute to make the term "chairman" gender neutral. Makes conforming changes.
Wildlife Resources Commission. Amends GS 143-241 to delete the requirement that the Governor appoint two at-large members and instead gives the appointing authority to the General Assembly.
Special Superior Court Judges. Amends GS 7A-45.1 to provide that, except as to the three special judges designated as of January 1, 2013, under GS 7A-45.3 as business court judges, any special judge seat established by GS 7A-45.1 is abolished effective on the expiration of the term being served on April 1, 2013.
Board of Transportation. Amends GS 143B-350(b)(1) to provide that no more than two members of the Board of Transportation appointed by the Governor may reside in the same highway division (was, applicable to any member regardless of who made the appointment).
Dietetics/Nutrition Board. Amends GS 90-354 to provide that the terms of the members of the Dietetics/Nutrition Board serving on January 1, 2013, expire June 30, 2013 (was, March 31, 2013).
Office of Administrative Hearings. Specifies that amendments to GS 7A-753 (setting term of appointed administrative law judges at four years) are effective when the section becomes law and applies to any administrative law judge appointed on or after the act's effective date. Specifies that the amendments to GS 7A-760 (making appointed administrative law judges exempt from the State Personnel Act) are effective when the section becomes law and applicable to administrative law judges serving on or after the date that the act becomes effective.
Deleted Provisions. Removes provisions concerning the Post-Release Supervision and Parole Commission, the Mining and Energy Commission, the State Personnel Commission, the North Carolina Criminal Justice Education and Training Standards Commission, and issues relating to independent occupational licensing boards.
Summary date: Apr 25 2013 - View summary
House amendmentmakes the following changes to the 5th edition.
Amends GS 113A-104(b1) to require that of the members to the Coastal Resources Commission (CRS) appointed by the Governor, one appointee must, at the time of the appointment, be actively connected with or have experience in coastal forestry.
Makes technical corrections to subsection (a)(4) in Section 2.3(b). Makes technical changes to subsection (b) in Section 2.3(b), which identify members whose qualifications described by specific subdivisions are to be appointed for an initial term of two years and subsequent appointments of four years and those appointed for an initial term of four years and forfouryears subsequently.
House committee substitute makes the following changes to the 4th edition.
Amends GS 62-10(a), effective July 1, 2013,to reset the membership of the North Carolina Utilities Commission (Utilities Commission)at seven commissioners (was, reduced to five). Provides that the Governor's appointments to the Utilities Commission must have at least five years of progressively responsible experience and demonstrated competency in one or more of fivespecified areas. Expandsthe lists of areasto seven to include (1) engineeringand (2) renewable energy.
Effective July 1, 2015, further amends GS 62-10(a), as amended, to provide that the Utilities Commission is to consist of five members, instead of seven, which reflects the reduction in terms and number of commissioners provided in amended Section 2.5(c) of this act.
Section 2.5(c)provides that the termsheld bycommissioners serving as of January 1, 2013, for terms of office that expire on June 30, 2017, will instead expire on June 30, 2015.Also provides that any confirmed appointee filling the unexpired term of aposition as commissioneras of January 1, 2013, will expireon June 30, 2015, instead of June 30, 2017.Eliminates, on July 1, 2015,two of the positions vacant as of July 1, 2015,to reduce the number of commissioners asrequired in Section 2.5(b), as amended.
Section 2.5(d) directs the Governor to submit two names subject to confirmation by the General Assembly for seats on the Utilities Commission that begin on July 1, 2013,and expire on June 30, 2017 (was, required the Governor to submit names of appointees for two positions to expire on June 30, 2015, and two positions to expire on June 30, 2017). Requires that the Governor's appointees conform to all of the requirements of GS 62-10, including the requirements enacted by Section 2.5(a) of this act as amended. Except as indicated, effective whenthe actbecomes law.
Amends Section 2.3(b) regarding the transition of the membership of the Environmental Management Commission (EMC) to provide that except as otherwise noted in the section, the terms of all membersserving onthe EMC on January 1, 2013, expire April 15, 2013 (was, expire March 15, 2013).
Amends GS 97-77(a) to provide that only persons licensed to practice law in North Carolina are eligible for membership on the North Carolina Industrial Commission (NCIC).
Specifies the schedule on which the terms of members of the NCIC, serving as of January 1, 2013, will expire.
Deletes changes to GS 7A-752 which authorized the Governor to appoint the Chief Administrative Law Judge (Law Judge)of the Office of Administrative Hearings, subject to confirmation by the General Assembly. Makes conforming changes to GS 7A-753 and GS 7A-760(a). Provides that each administrative law judge (ALJ)appointed under GS 7A-753 is to serve a term of four years and amends GS 7A-760(a) to provide that ALJs appointed under GS 7a-753 are exempt from the provisions of the State Personnel Act. Effective when the act becomes law and applies to any ALJ serving on or after the effective date (was, section became effective on June 30, 2013 and applied to appointments made on or after that date).
Summary date: Feb 27 2013 - View summary
House committee substitute makes the following changes to the 3rd edition.
Makes organizational changes, conforming changes, and technical corrections.
Local Food Advisory Council -- Amends Section 4 of SL 2009-530 (NC Sustainable Local Food Advisory Council), as amended, to change the sunset date for the act to July 1, 2013 (was, July 31, 2015). Directs the Department of Agriculture and the state's land grant universities to continue their collaborative efforts to promote local food production and consumption in the state.
Coastal Resources Commission -- Amends GS 113A-104, establishing the Coastal Resources Commission (Commission), to increase the number of appointments to the Commission by the Governor to nine (was, seven), thereby increasing thetotal membership to 13 (was, 11). Also more precisely delineates the required qualifications for each appointee to the Commission. Clarifies that the term appointing authority as it appears in this section means the General Assembly in the case of members appointed by the General Assembly (was, means any member of the General Assembly in the case of members appointed by the General Assembly).
Reinstates as new subsection (c1), requirement that Commission members whose qualifications are described in certain subdivisions (renumbered to reflect the increase in membership from 11 to 13) don't receive any significant portion of their income from land development, construction, real estate sales, or lobbying and don't serve as agents for development-related business activities. Directs the Governor to require adequate disclosure of potential conflicts of interest by these members and to, via executive order, to promote criteria regarding conflicts of interest as they relate to the eligibility of persons for membership on the Commission. Provides that all members of the Commission are covered persons for the purposes of GS Chapter 138A, the State Government Ethics Act and must complywith the Ethics Act to avoid conflicts of interest.
Adds geographic (was, residential under current law)qualifications for Commission members, requiring that all members of the Commission must be residents of North Carolina and reside orown real property in the coastal area.
Provides that members are to be replaced or reappointed at the end of their term of office by the appointing authority for that member as specified under subsection (b1) of GS 113A-104, as amended. Makes technical corrections regarding filling of vacancies.
Deletes requirement that the terms of all Commission members currently serving on the Commission on January 1, 2013 expire when this subsection, regarding terms of members, becomes law from subsection (g) of GS 113A-104 and moves it to a new uncodifiedSection 2.1(b) regarding the transition of membership of the Commission.Provides that the terms of all members serving on the Commission on January 1, 2013, expire when this act becomes law, except as otherwise provided in this section. Provides additional guidelines regarding term lengths for members.
Provides that the Governor is to designate the chair of the Commission from among its members and the members are to elect the vice-chair from their membership to serve for a term of two-years or until the expiration of the vice-chair's regularly appointed term (was, both chair and vice-chair elected by the members).
Environmental Management Commission -- Amends GS 143B-283, increasing the membership of the Environmental Management Commission (EMC) to 15 (was, 13), with nine (was, seven) appointments by theGovernor,and sixby the General Assembly--three upon the recommendation of the Speaker of the House of Representatives, and threeupon the recommendation of the Speaker Pro Tempore of the Senate. Precisely delineates the required qualifications for each appointee to the EMC.
Makes a conforming change regarding the Governor's authority to reappointment of a memberto reflect increase in the number of appointments by the Governor.Requires that vacancies in appointments made by the General Assembly are to be filled per the provisions of GS 120-122.Reinstates language prohibiting allmembers appointed by the Governor to the EMC from being persons who derive any significant portion of their income from persons subject to permits or enforcement under GS Chapter 143B.
Provides that all of the members of the EMC are covered persons for the purposes of the State Government Ethics Act (GS Chapter 138A).
Provides that the members of the EMC are to serve four-year terms. Adds new uncodified Section 2.3(b) to provide for the transition of the membership of the EMC. Provides that except as otherwise provided in this section, the terms of all members serving on the EMC as of January 1, 2013 expire March 15, 2013 (was, expire when proposed subsection (e) to GS 143-283 became law). Provides additional guidelines regarding term lengths for members.
Industrial Commission -- Amends GS 97-77, effective April 15, 2013, to require that at least twoNorth Carolina Industrial Commission (NCIC)commissioners be Board Certified in Workers' Compensation Law.
Provides that the Governor is to appoint new members to the NCIC upon the expiration on April 15, 2013 of the terms of commissioners serving terms established by Section 22 of SL 2011-287 subject to confirmation (was, upon the confirmation) of the General Assembly.
Utilities Commission -- Amends GS 62-10(a), effective July 1, 2013,to require that the governor appoint members to the Utilities Commission with minimally five years of progressively responsible experience and demonstrated competency in (1) utility law and regulation, (2) economics, (3) finance, (4) accounting, and (5) business administration.
Makes the members subject to the State Government Ethics Act and prohibits members from being an office holder of a political party or serving as a convention delegate.
Deletes proposed subsection (c1) to GS 62-10 which terminated the terms of all members serving as of January 1, 2013 when this section becomes law and provided for staggered terms for subsequent appointees by the Governor.
Adds provision to reduce the terms and number of commissioners. Provides that terms confirmed by the General Assembly prior June 1, 2011 expire as of June 30, 2013. Eliminates two vacant positions in order to comply with the reduction in membership from seven to five.
Provides criteria regarding the appointments to the commission by the Governor. Directs the Governor to submit the names of appointees, subject to confirmation by the General Assembly, by May 1, 2013. Provides that the Governor submit the names of four appointees for terms beginning on July 1, 2013, with two expiring on June 30, 2015 and two expiring on June 30, 2017. Provides that when the terms appointed under this subsection expire, all members are to serve six year terms as provided in GS 62-10.
Wildlife Resources Commission -- Amends GS 143-241, to delete language that increased this commission's membership to ten members, and reinstates the prior requirement for the appointment of eight members. Makes conforming changes. Effective July 1,2013.
Special Superior Court Judges -- Deletes proposed subsection (a8) of GS 7A-45.1, whicheliminated all special judges' seats authorized under this statute except for three seatsdesignated as of January 1, 2013, as business court judges.
Charter School Advisory Committee -- Abolishes the North Carolina Charter School Advisory Council as established by the State Board of Education by Policy TCS-B-006 on August 4, 2011.
Board of Transportation -- Amends GS 143B-350(c) to delete specifications regarding staggered term lengths for board members and instead provides that the terms of all members, with the exception the terms of at-large members appointed by the General Assembly, are to be for four-years beginning January 15, 2013, and every four years thereafter. Provides that the nine board members previously appointed to terms expiring on January 14, 2015 are to expire with the appointment of their replacements as provided in this section. Authorizes the Governor to designate which member is being replaced for each of the new nine appointments.
Post-Release Supervision and Parole Commission -- Amends GS 143B-721, effective February 1, 2013, to provide that the Post-Release Supervision and Parole Commission (Post-Release Commission) is to consist of four full-time members (was, one full time member and two half-time members) appointed by the Governor. Provides that the term of office any member serving on the Post-Release Commission on January 1, 2013 expires on this section's effective date (becomes effective when it becomes law). Provides that the initial term of members appointed under this section expire on June 30, 2017.
Mining and Energy Commission -- Amends GS 143B-293.2 to provide that membership on this commission may be concurrent with other elective or appointive offices in addition to the maximum number of offices allowed tobe held by one person under GS 128-1.1.
Office of Administrative Hearings -- Amends GS 7A-752 to authorize the Governor, subject to confirmation by the General Assembly (was, the Chief Justice), to appoint the Chief Administrative Law Judge of the Office of Administrative Hearings for a five-year term (was, four-year). Also authorizes the Governor to appoint additional administrative law judges (ALJs)to serve in the Office of Administrative Hearings (was, the Chief Administrative Law Judge appointed additional ALJs). Provides that each ALJ appointed under this section is to serve a term of five years.
Amends GS 7A-760(a) toexempt ALJs appointed by the Governor under GS 7A-753 on or after June 30, 2013 from the provisions of the State Personnel Act. Does not apply to any ALJs serving onthe effective date of this act.
Makes the provisions of this section effective June 30, 2013 and applicable to appointments of the Chief Administrative Law Judge and additional ALJs on or after that date.
State Personnel Commission --Amends GS 126-2(b) to make adjustments to the membership of the State Personnel Commission (SPC). Retains that the SPC is to have nine members but authorizes the appointment of five members by the Governor (was, seven) and the appointment of four members by the General Assembly. delineates additional criteria for the appointment of members to the SPC. Sets term lengths at four years. Provides various expiration dates for terms of member of the SPC as of January 1, 2013. Provides that SPC members subject to GS Chapter 126 (was, the State Personnel Act) are entitled to administrate leave without loss of pay in order to conduct the business of the SPC.
North Carolina Criminal Justice Education and Training Standards Commission -- Amends GS 17C-3(a) to reduce the number of criminal justice officer members appointed by to the Standards Commission by the NCAssociation of Chiefs of Police (was, the Law Enforcement Officers Association) to one (was, two). Also adds one individual selected by the North Carolina Sheriff's Association to the membership of the Standards Commission.
Issues Relating to Independent Occupational Licensing Boards -- Adds new GS 93B-8.1 regarding the use of criminal records history. Defines terms as used in this section. Prohibitsan occupational licensing board from automatically denying licensure based on an applicant's criminal history, unless the law governing a particular licensing board provides otherwise. Provides that the licensure board allowed to deny a license on the basis of an applicant's conviction of a crime or for commission of a crime involving moral turpitude or fraud, may deny the license if it finds the denial is warranted after considering specific factors. Also permits a board to deny a license to an applicant who refuses to consent to a criminal history record check, fingerprinting, or other identifying information required by the State or National Repositories of Criminal Histories.
Directs the Joint Legislative Program Evaluation Oversight Committee (Committee)to include a study to evaluate the operations of the various independent occupational licensing boards in its 2013-14 Work Plan for the Program Evaluation Division of the General Assembly. Defines occupational licensing board as having the same meaning as in GS 93B-1. Indicates components required to be addressed in the study. Requires the Program Evaluation Division to submit its findings and recommendations from the study to the Committee and the Joint Legislative Administrative Procedure Oversight Committee at a date to be determined by the Committee.
Contains a severabilityclause providing that finding any provision of this act or its application to be invalid does not invalidate the remainder of the act. Unless otherwise indicated this act is effective when it becomes law. Requires the appointing authorities to determine by July 1, 2013. which terms to be eliminated in order to achieve the membership totals under this act, if the terms of office eliminated in this act have not been set out. Directs the appointing authority to notify in writing, after determining which terms to eliminate,all the persons and entities required to receive notice under GS 143-47.7.
Summary date: Feb 7 2013 - View summary
Senate amendments make the following changes to the 2nd edition.
Amendment #5 adds a section, amending GS 143B-350, to add two at-large members to the Board of Transportation, one appointed upon recommendation of the President Pro Tempore and one upon recommendation of the Speaker. Provides for two-year terms for these members. Specifies that the Board will have 21 members beginning January 15, 2013.
Amendment #6 deletes section amending GS 20-196.3, which clarified persons that could supervise the NC State Highway Patrol.
Summary date: Feb 6 2013 - View summary
Senate amendment #1 makes the following changes to 2nd edition. Previous version repealed the Dietetics/Nutrition Practice Act and the Board of Dietetics/Nutrition, effective March 31, 2013. Instead amends GS 90-353 (concerning the Board of Dietetics/Nutrition) to reduce the number of Board members from seven to five, and make revisions to the member qualifications and appointment process. Specifies that the terms of all members serving on the Board on January 1, 2013, will expire March 31, 2013. Amends GS 143B-283 to change the members on the Environmental Management Commission appointed by the Governor as follows: requires one (rather than two) member with training or expertise in ecology or air pollution, and requires one member with agriculture experience. Amends GS 62-10 to reduce from seven to five the number of commissioners on the NC Utilities Commission, and makes a conforming change. Amends GS 143-241 to change term limits to four years for Wildlife Resources Commission members appointed by the Governor, provided that initial appointments from even-numbered districts are appointed for two-year terms and initial appointments from odd-numbered districts are appointed for four-year terms.
Summary date: Feb 5 2013 - View summary
Senatecommittee substitute makes the following changes to the 1st edition.
Rewrites the title as AN ACT ESTABLISHING THE GOVERNMENT REDUCTION AND EFFICIENCY ACT OF 2013.
Elimination of Certain State Boards and Commissions
Repeals the Dietetics/Nutrition Practice Act, including the North Carolina Board of Dietetics/Nutrition, the state licensing board for dieticians and nutritionists. Makes conforming changes repealing GS 90-18(c)(15) and amending GS 143B-216.60. Effective March 31, 2013.
Repeals the Lottery Oversight Commission (GS 18C-172) and makes a conforming change to GS 18C-115.
Deletes the effective date of July 1, 2013, for the repeal of the Committee on Dropout Prevention making therepeal effective when this act becomes law.
Makes conforming change regarding the repeal of the Board of Directors of the North Carolina Center for Nursing, deleting GS 90-171.72 (regarding state support for the Center for Nursing).
Eliminates the North Carolina Agency for Public Telecommunications and its governing board, the Board of Public Telecommunications Commissioners.
Repeals the Board of Directors of the Certifications Entity for the Phase II Settlement Funds which had oversight over the certification entity that coordinated payments to tobacco producers and allotment holders under the 1999 Phase II Settlement Agreement.
Repeals the session laws establishing the following commissions: (1) Public Funding of Council of State Elections Commission, (2) Legislative Commission on Global Climate Change, and (3) Arts Education Commission.
Reorganization of Various Boards and Commissions
Reorganizes or modifies the compositionand/or membership terms, and/or appointment authority forthe following boards and commissions: (1) Coastal Resources Commission, (2) Coastal Resources Advisory Board, (3) Environmental Management Commission, (4) Industrial Commission [effective April 15, 2013], (5) Wildlife Resources Commission, and the (6) North Carolina Turnpike Authority.
Ends the terms ofall the current members of the North CarolinaUtilities Commissionwhen this act becomes law and provides for staggered six-year terms withspecified termsfor the newly appointed Commissioners.Effective July 1, 2013, amends GS 7A-45.1to eliminate all special judges' seats authorized under this statute except for three seatsdesignated as of January 1, 2013, as business court judges.Modifies the composition of the State Board of Elections (Board), amending GS 163-19 to provide that no person may serve on the Board more than three four-year terms and to terminate the term of any person currently serving on the Board who has served more than three four-year terms on the effective date of this provision. Also amends provisions for filling vacancies that occur on the Board during the period when a Governor takes office after election andending on April 30 of that year as follows: provides that if(1) the Governor is of a different political party than the preceding Governor and (2) the vacating Board member is not from the same political party as the new Governor, then the Governor is to fill that first vacancy from a list of three nominees submitted by the state party chair of each political party thatcan demonstrate that it hasregistered voters.
Amends GS 115C-11(a) to designate that the Governor appoint the chair of the State Board of Education (SBE)from the SBE membership to serve at the pleasure of the Governor (was, the SBE elected a chair from its membership).
Ends the terms of all members serving on the North Carolina State Lottery Commission asof January 1, 2013, effective on the date that this act becomes law. Provides for two-year terms (was, five-year). Provides for appointment of five members by the Governor and two members appointed by the Senate upon the recommendation of the President Pro Tempore of the Senate, and two members appointed by the House of Representatives upon the recommendation of the Speaker of the House.
Repeals the Charter School Advisory Committee of the State Board of Education.
Additional Governmental Efficiencies
Amends GS 20-196.3 to provide that the following may have supervisory authority over sworn members of the North Carolina State Highway Patrol: the Governor, the Secretary of Public Safety, or a person certified as a law enforcement officer under the provisions of GS Chapter 17C (the NC Criminal Justice Education and Training Standards Commission).
Except as otherwise noted, this act is effective when it becomes law. Provides that holding any provision of the act or the application of the act to be invalid does not affect the other provisionsor application of the act. Also provides criteria regarding achieving the membership totals under this act. Directs the appointing authorities to determine by July 1, 2013, which terms to eliminate in order to achieve the membership totals under this act.
Summary date: Jan 30 2013 - View summary
Repeals Part 20 of GS Chapter 143B, Article 10 to eliminate the Small Business Contractor Act and the Small Business Contractor Authority.
Terminates the Committee on Dropout Prevention as of July 1, 2013.
Eliminates the State Education Commission established in GS Chapter 143, Article 26. Repeals GS 116C-2 and makes a conforming change to GS 116C-1.
Terminates the National Heritage Area Designation Commission as of July 1, 2013.
Repeals Part 24 of GS Chapter 143B, Article 9 to eliminate the Governor's Management Council.
Repeals GS 90-171.7 to eliminate the Board of Directors of the North Carolina Center for Nursing.
Amends GS 143B-711 to eliminate the Board of Correction. Makes a conforming change, repealing GS 143B-715 (designating duties and responsibilities of the Board of Correction).