Bill Summary for S 10 (2013-2014)

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Summary date: 

Feb 28 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

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).