Bill Summary for S 10 (2013-2014)

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Summary date: 

Apr 25 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

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.