Bill Summary for S 10 (2013-2014)

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Summary date: 

Feb 5 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 10 (Public) Filed Wednesday, January 30, 2013
Intro. by Apodaca, Hunt, Rabon.

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Bill summary

Senatecommittee substitute makes the following changes to the 1st edition.


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.