Bill Summary for H 1011 (2013-2014)

Summary date: 

May 8 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1011 (Public) Filed Tuesday, May 7, 2013
Intro. by Rules, Calendar, and Operations of the House.

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Bill summary

Elimination of Certain State Boards and Commissions

Repeals the Lottery Oversight Commission (GS 18C-172) and makes a conforming change to GS 18C-115.

Repeals Part 20 of GS Chapter 143B, Article 10 to eliminate the Small Business Contractor Act and the Small Business Contractor Authority.

Repeals the Committee on Dropout Prevention, Article 6B of GS Chapter 115C.

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 and GS 90-171.72 to eliminate the North Carolina Center for Nursing.

Amends GS 143B-711 to eliminate the Board of Correction. Repeals GS 143B-715 (designating duties and responsibilities of the Board of Correction).

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.

Terminates the following commissions: (1) Public Funding of Council of State Elections Commission, (2) Legislative Commission on Global Climate Change, and (3) Arts Education Commission.

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.

Reorganization of Various Boards and Commissions

Reorganizes or modifies the composition and/or membership terms and/or appointment authority for the following boards and commissions: (1) Coastal Resources Commission, (2) Coastal Resources Advisory Board, (3) Environmental Management Commission, (4) Wildlife Resources Commission (Provides that the terms of all appointed members serving as of January 1, 2013, terminate on June 30, 2013), and (5) North Carolina Turnpike Authority. Provides for the transition of membership of the Coastal Resources Commission and the Environmental Management Commission. Provides that members of the Coastal Resources Commission and the Environmental Management Commission are covered persons for the purposes of the State Government Ethics Act.

Reduces the terms of members of the Industrial Commission from six to four years and provides that the terms must be staggered. Requires the Commission to adopt by majority vote bylaws to govern the conduct of its business and provides that a quorum consists of a simple majority. Provides that the terms of the members serving terms established by Section 22 of SL 2011-287 terminate on June 30, 2013. Requires the Governor to appoint new members subject to confirmation by the General Assembly. Provides the staggered terms of the six new members. Repeals Section 22 of SL 2011-287 effective July 1, 2013.

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 as of 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. Abolishes the North Carolina Charter School Advisory Council. Effective when the act becomes law.

Amends 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. Specifies that the Board will have 21 members. Terms of members is for four years beginning beginning January 15, 2013, and quadrennially thereafter, except that the terms of the two at large members appointed by the General Assembly will be for two years beginning January 15, 2013, and biennially thereafter. Provides that the terms of the nine members appointed for terms expiring January 14, 2015, expire upon appointment of their replacements.

Amends GS 90-353, concerning the Board of Dietetics/Nutrition, to reduce the number of board members from seven to five, and makes 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 June 30, 2013. Effective July 1, 2013.

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 appointed/serving on or after the effective date.

Effective Date

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 provisions or 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.


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