TO REMOVE THE REQUIREMENT THAT LAW ENFORCEMENT OFFICERS HAVE ONE YEAR OF CREDITABLE SERVICE IN ORDER TO QUALIFY FOR DISABILITY RETIREMENT BENEFITS UNDER THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM FOR INJURIES INCURRED IN THE LINE OF DUTY.
House committee substitute makes the following changes to 2nd edition. Deletes all the provisions of the 2nd edition and replaces it with AN ACT TO ELIMINATE THE NORTH CAROLINA STATE ART SOCIETY, INC., CREATE A DIRECTOR’S COMMITTEE TO HIRE AND SUPERVISE THE DIRECTOR OF THE NORTH CAROLINA MUSEUM OF ART, TO REMOVE THE NORTH CAROLINA CEMETERY COMMISSION FROM THE NORTH CAROLINA DEPARTMENT OF COMMERCE, AND TO ENDOW THE CEMETERY COMMISSION WITH POWERS SIMILAR TO OCCUPATIONAL LICENSING BOARDS.
Museum of Art Governance Changes. Eliminates the North Carolina State Art Society, Inc. (Art Society). Repeals Article 3 of GS Chapter 140 (identifying the Art Society as a state agency), GS 143B-51(7) (identifying the Art Society as an agency whose functions were vested in the NC Department of Cultural Resources), and Part 15 of Article 2 of GS Chapter 143B (regarding the operation of the Art Society under the patronage of the state). Repeals GS 105-275(41), removing the exclusion from the tax base for objects of art held by the Art Society. Makes conforming changes deleting references to the Art Society in GS 135-27(d), GS 143B-53, and GS 140-5.13(b). Removes Art Society from the list of appointing entities for members of the Board of Trustees of the NC Museum of Art (Board), reducing the Board membership to 25 (was, 29). Effective October 1, 2012.
Amends GS 140-5.15 to create a five member Director’s Committee to elect and supervise the Director of the North Carolina Museum of Art (Director). Requires the Director’s Committee to evaluate the performance of the Director and to determine the Director’s compensation. Deletes provisions that previously authorized the Secretary of Cultural Resources to appoint the Director from nominees recommended by the Board of Trustees of the NC Museum of Art. Deletes all requirements relevant to the authority of the Secretary over the position of Director. Provides guidelines for the membership and operation of the Director’s Committee.
Makes additional conforming and technical changes.
Changes to Cemetery Commission. Amends GS 65-49 to remove the North Carolina Cemetery Commission (Commission) from within the Department of Commerce. Establishes the Commission as an independent commission. Amends GS 65-50 to require the General Assembly to appoint two members who own or manage, or have retired from owning or managing, a North Carolina cemetery to the nine-member Commission. Clarifies that vacancies are to be filled by the authority who originally filled that position except provides that any vacancy in appointments made by the General Assembly must be filled in accordance with GS 120-122.
Provides that officers are to consist of a president, vice-president, and secretary-treasurer and that no two offices may be held by the same person. Limits term to one year and provides that officers are to serve until their successors are elected and qualified. Provides guidelines regarding the election of officers.
Amends GS 65-51 to prohibit paying any salary or compensation, or other expenses of the Commission from monies from the General Fund. Amends GS 65-53 to identify the powers of the Commission. Includes among those powers, the authority for the Commission to seek injunctive relief in its own name in order to prevent violations of this Article or a violation of any rules adopted under this Article. Also provides guidelines for the authority of the Commission to hold hearings, subpoena witnesses, to administer oaths or receive affirmation of witnesses.
Additionally, authorizes the Commission to acquire, hold, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person, subject to approval of the Governor and Council of State. Also allows for the purchase, rent, or lease of equipment and supplies, and for the purchase of liability insurance.
Enacts new GS 65-53-1 to authorize the Commission to appoint one or more agents with the title of Inspector of the North Carolina Cemetery Commission to serve at the pleasure of the Commission.
Enacts new GS 65-54.1 to declare that Commission records containing certain, specified information or generated in response to a complaint, investigation, inquiry, or an interview are confidential. Provides additional clarification as to what constitutes a public record and what is deemed confidential information.
Amends GS 143B-433(1) regarding the organization of the Department of Commerce to remove the Commission from the list of agencies organized under the Department of Commerce. Also makes a conforming change to Section 14.7(a) of SL 1011-145. Makes additional technical and conforming changes.
Except as otherwise indicated, this act is effective when it becomes law.