Bill Summary for S 10 (2013-2014)

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Summary date: 

Feb 27 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 3rd edition.

Makes organizational changes, conforming changes, and technical corrections.

Local Food Advisory Council -- 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.

Coastal Resources Commission -- Amends GS 113A-104, establishing the Coastal Resources Commission (Commission), to increase the number of appointments to the Commission by the Governor to nine (was, seven), thereby increasing thetotal membership to 13 (was, 11). Also more precisely delineates the required qualifications for each appointee to the Commission. Clarifies that the term appointing authority as it appears in this section means the General Assembly in the case of members appointed by the General Assembly (was, means any member of the General Assembly in the case of members appointed by the General Assembly).

Reinstates as new subsection (c1), requirement that Commission members whose qualifications are described in certain subdivisions (renumbered to reflect the increase in membership from 11 to 13) don't receive any significant portion of their income from land development, construction, real estate sales, or lobbying and don't serve as agents for development-related business activities. Directs the Governor to require adequate disclosure of potential conflicts of interest by these members and to, via executive order, to promote criteria regarding conflicts of interest as they relate to the eligibility of persons for membership on the Commission. Provides that all members of the Commission are covered persons for the purposes of GS Chapter 138A, the State Government Ethics Act and must complywith the Ethics Act to avoid conflicts of interest.

Adds geographic (was, residential under current law)qualifications for Commission members, requiring that all members of the Commission must be residents of North Carolina and reside orown real property in the coastal area.

Provides that members are to be replaced or reappointed at the end of their term of office by the appointing authority for that member as specified under subsection (b1) of GS 113A-104, as amended. Makes technical corrections regarding filling of vacancies.

Deletes requirement that the terms of all Commission members currently serving on the Commission on January 1, 2013 expire when this subsection, regarding terms of members, becomes law from subsection (g) of GS 113A-104 and moves it to a new uncodifiedSection 2.1(b) regarding the transition of membership of the Commission.Provides that the terms of all members serving on the Commission on January 1, 2013, expire when this act becomes law, except as otherwise provided in this section. Provides additional guidelines regarding term lengths for members.

Provides that the Governor is to designate the chair of the Commission from among its members and the members are to elect the vice-chair from their membership to serve for a term of two-years or until the expiration of the vice-chair's regularly appointed term (was, both chair and vice-chair elected by the members).

Environmental Management Commission -- Amends GS 143B-283, increasing the membership of the Environmental Management Commission (EMC) to 15 (was, 13), with nine (was, seven) appointments by theGovernor,and sixby the General Assembly--three upon the recommendation of the Speaker of the House of Representatives, and threeupon the recommendation of the Speaker Pro Tempore of the Senate. Precisely delineates the required qualifications for each appointee to the EMC.

Makes a conforming change regarding the Governor's authority to reappointment of a memberto reflect increase in the number of appointments by the Governor.Requires that vacancies in appointments made by the General Assembly are to be filled per the provisions of GS 120-122.Reinstates language prohibiting allmembers appointed by the Governor to the EMC from being persons who derive any significant portion of their income from persons subject to permits or enforcement under GS Chapter 143B.

Provides that all of the members of the EMC are covered persons for the purposes of the State Government Ethics Act (GS Chapter 138A).

Provides that the members of the EMC are to serve four-year terms. Adds new uncodified Section 2.3(b) to provide for the transition of the membership of the EMC. Provides that except as otherwise provided in this section, the terms of all members serving on the EMC as of January 1, 2013 expire March 15, 2013 (was, expire when proposed subsection (e) to GS 143-283 became law). Provides additional guidelines regarding term lengths for members.

Industrial Commission -- Amends GS 97-77, effective April 15, 2013, to require that at least twoNorth Carolina Industrial Commission (NCIC)commissioners be Board Certified in Workers' Compensation Law.

Provides that the Governor is to appoint new members to the NCIC upon the expiration on April 15, 2013 of the terms of commissioners serving terms established by Section 22 of SL 2011-287 subject to confirmation (was, upon the confirmation) of the General Assembly.

Utilities Commission -- Amends GS 62-10(a), effective July 1, 2013,to require that the governor appoint members to the Utilities Commission with minimally five years of progressively responsible experience and demonstrated competency in (1) utility law and regulation, (2) economics, (3) finance, (4) accounting, and (5) business administration.

Makes the members subject to the State Government Ethics Act and prohibits members from being an office holder of a political party or serving as a convention delegate.

Deletes proposed subsection (c1) to GS 62-10 which terminated the terms of all members serving as of January 1, 2013 when this section becomes law and provided for staggered terms for subsequent appointees by the Governor.

Adds provision to reduce the terms and number of commissioners. Provides that terms confirmed by the General Assembly prior June 1, 2011 expire as of June 30, 2013. Eliminates two vacant positions in order to comply with the reduction in membership from seven to five.

Provides criteria regarding the appointments to the commission by the Governor. Directs the Governor to submit the names of appointees, subject to confirmation by the General Assembly, by May 1, 2013. Provides that the Governor submit the names of four appointees for terms beginning on July 1, 2013, with two expiring on June 30, 2015 and two expiring on June 30, 2017. Provides that when the terms appointed under this subsection expire, all members are to serve six year terms as provided in GS 62-10.

Wildlife Resources Commission -- Amends GS 143-241, to delete language that increased this commission's membership to ten members, and reinstates the prior requirement for the appointment of eight members. Makes conforming changes. Effective July 1,2013.

Special Superior Court Judges -- Deletes proposed subsection (a8) of GS 7A-45.1, whicheliminated all special judges' seats authorized under this statute except for three seatsdesignated as of January 1, 2013, as business court judges.

Charter School Advisory Committee -- Abolishes the North Carolina Charter School Advisory Council as established by the State Board of Education by Policy TCS-B-006 on August 4, 2011.

Board of Transportation -- Amends GS 143B-350(c) to delete specifications regarding staggered term lengths for board members and instead provides that the terms of all members, with the exception the terms of at-large members appointed by the General Assembly, are to be for four-years beginning January 15, 2013, and every four years thereafter. Provides that the nine board members previously appointed to terms expiring on January 14, 2015 are to expire with the appointment of their replacements as provided in this section. Authorizes the Governor to designate which member is being replaced for each of the new nine appointments.

Post-Release Supervision and Parole Commission -- Amends GS 143B-721, effective February 1, 2013, to provide that the Post-Release Supervision and Parole Commission (Post-Release Commission) is to consist of four full-time members (was, one full time member and two half-time members) appointed by the Governor. Provides that the term of office any member serving on the Post-Release Commission on January 1, 2013 expires on this section's effective date (becomes effective when it becomes law). Provides that the initial term of members appointed under this section expire on June 30, 2017.

Mining and Energy Commission -- Amends GS 143B-293.2 to provide that membership on this commission may be concurrent with other elective or appointive offices in addition to the maximum number of offices allowed tobe held by one person under GS 128-1.1.

Office of Administrative Hearings -- Amends GS 7A-752 to authorize the Governor, subject to confirmation by the General Assembly (was, the Chief Justice), to appoint the Chief Administrative Law Judge of the Office of Administrative Hearings for a five-year term (was, four-year). Also authorizes the Governor to appoint additional administrative law judges (ALJs)to serve in the Office of Administrative Hearings (was, the Chief Administrative Law Judge appointed additional ALJs). Provides that each ALJ appointed under this section is to serve a term of five years.

Amends GS 7A-760(a) toexempt ALJs appointed by the Governor under GS 7A-753 on or after June 30, 2013 from the provisions of the State Personnel Act. Does not apply to any ALJs serving onthe effective date of this act.

Makes the provisions of this section effective June 30, 2013 and applicable to appointments of the Chief Administrative Law Judge and additional ALJs on or after that date.

State Personnel Commission --Amends GS 126-2(b) to make adjustments to the membership of the State Personnel Commission (SPC). Retains that the SPC is to have nine members but authorizes the appointment of five members by the Governor (was, seven) and the appointment of four members by the General Assembly. delineates additional criteria for the appointment of members to the SPC. Sets term lengths at four years. Provides various expiration dates for terms of member of the SPC as of January 1, 2013. Provides that SPC members subject to GS Chapter 126 (was, the State Personnel Act) are entitled to administrate leave without loss of pay in order to conduct the business of the SPC.

North Carolina Criminal Justice Education and Training Standards Commission -- Amends GS 17C-3(a) to reduce the number of criminal justice officer members appointed by to the Standards Commission by the NCAssociation of Chiefs of Police (was, the Law Enforcement Officers Association) to one (was, two). Also adds one individual selected by the North Carolina Sheriff's Association to the membership of the Standards Commission.

Issues Relating to Independent Occupational Licensing Boards -- Adds new GS 93B-8.1 regarding the use of criminal records history. Defines terms as used in this section. Prohibitsan occupational licensing board from automatically denying licensure based on an applicant's criminal history, unless the law governing a particular licensing board provides otherwise. Provides that the licensure board allowed to deny a license on the basis of an applicant's conviction of a crime or for commission of a crime involving moral turpitude or fraud, may deny the license if it finds the denial is warranted after considering specific factors. Also permits a board to deny a license to an applicant who refuses to consent to a criminal history record check, fingerprinting, or other identifying information required by the State or National Repositories of Criminal Histories.

Directs the Joint Legislative Program Evaluation Oversight Committee (Committee)to include a study to evaluate the operations of the various independent occupational licensing boards in its 2013-14 Work Plan for the Program Evaluation Division of the General Assembly. Defines occupational licensing board as having the same meaning as in GS 93B-1. Indicates components required to be addressed in the study. Requires the Program Evaluation Division to submit its findings and recommendations from the study to the Committee and the Joint Legislative Administrative Procedure Oversight Committee at a date to be determined by the Committee.

Contains a severabilityclause providing that finding any provision of this act or its application to be invalid does not invalidate the remainder of the act. Unless otherwise indicated this act is effective when it becomes law. Requires the appointing authorities to determine by July 1, 2013. which terms to be eliminated in order to achieve the membership totals under this act, if the terms of office eliminated in this act have not been set out. Directs the appointing authority to notify in writing, after determining which terms to eliminate,all the persons and entities required to receive notice under GS 143-47.7.