Bill Summary for S 851 (2011-2012)

Summary date: 

May 23 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 851 (Public) Filed Monday, May 21, 2012
TO IMPROVE THE EFFICIENCY OF STATE GOVERNMENT BY ABOLISHING CERTAIN STATE BOARDS, COMMISSIONS, AND COMMITTEES, REORGANIZING THE MEMBERSHIP OF SOME STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND MAKING CONFORMING CHANGES, AS RECOMMENDED BY THE JOINT REGULATORY REFORM COMMITTEE.
Intro. by Brown, Rouzer, Soucek.

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Bill summary

PART 1. Elimination of Certain State Boards and Commissions
Includes a statement of legislative intent and findings regarding the need to eliminate and diminish membership of certain boards and commissions in order to promote efficiency and eliminate financial waste.
Eliminates the Governor’s Advisory Council on Aging (Council). Repeals the following provisions of GS Chapter 143B having to do with the creation and operation of the Council: Part 14 of Article 3 of GS Chapter 143B, 143B-138.1(b)(2), 143B-180, and 143B-181.
Eliminates the NC Agricultural Hall of Fame Board of Directors (Hall of Fame Board). Repeals GS 106-568.14 (creating the Hall of Fame Board) and 106-568.15 (regarding membership terms). Amends GS 106-568.16 and GS 105-568.17 to delegate the responsibilities and functions of the Hall of Fame Board to the Board of Agriculture.
Repeals Article 19 of GS Chapter 120 and GS 120-150 through 120-54 to eliminate the Agriculture and Forestry Awareness Study Commission. Makes a conforming change repealing GS 143-318.14A(a)(15).
Repeals Part 13 of Article 2, GS Chapter 143B, to eliminate America’s Four Hundredth Anniversary Commission. Makes a conforming change to GS 143B-53 and repeals GS 143B-51(b)(15).
Eliminates the Commission of Anatomy. Repeals Part 1 of Article 1B of GS Chapter 130A except for GS 130A-33.32 (Commission of Anatomy-Reference to former Board of Anatomy in testamentary disposition). Recodifies GS 130A-33.32 as GS 130A-33.1 and replaces references to the Commission of Anatomy with Commission for Public Health. Amends GS 130A-29 to direct the Department of Public Health to adopt rules regarding the distribution of human bodies and parts in order to promote the study of anatomy in North Carolina. Makes conforming changes to GS 130A-398, 130A-412.13, 130A-415, 130A-416, 130A-418, and 143B-138.1.
Amends GS Chapter 94 (Apprenticeship) to eliminate the NC Apprenticeship Council. Makes conforming changes to GS 94-3, 94-5, and 94-6, authorizing the Commissioner of Labor to assume responsibilities previously delegated to the Apprenticeship Council. Also makes a conforming change to GS 94-7 and repeals GS 143A-71.
Repeals GS 105-275(41), which designated objects of art held by the North Carolina State Art Society, Inc., as among the special classes of property excluded from tax. Makes the provisions of subsection (d) of GS 135-27 regarding permitting certain associations, upon meeting specified requirements, to elect to become members of the Teachers’ and State Employees’ Retirement System, inapplicable to the North Carolina State Art Society (Art Society). Repeals Article 3 of GS Chapter 140 regarding the operations of the Art Society and makes conforming changes to GS 143B-51(b)(7), Part 15 of Article 2 of GS Chapter 143B and GS 143B-53. Effective October 1, 2012.
Repeals GS 113-291.10 to eliminate the Beaver Damage Control Advisory Board.
Eliminates the Consumer and Advocacy Advisory Committee for the Blind, repealing Part 9 of GS Chapter 143B, GS 143B-163, 143B-164, and 143B-131.1(b)(5). Amends GS 143B-157 (Commission for the Blind - creation, powers, and duties) to direct the Commission for the Blind to make a continuing study of the needs and range of problems for the blind and advise a variety of state entities including schools, boards, and commissions on the needs of visually impaired persons in the state or those who will become visually impaired.
Repeals Sections 3 and 4 of SL 2003-404, thereby eliminating the Blount Street Historic District Oversight Committee.
Repeals Part 33 of Article 3 of GS Chapter 143B to eliminate the North Carolina Brain Injury Advisory Council.
Repeals Part 3 of Article 9 of GS Chapter 143B, thereby eliminating the NC Capital Planning Commission.
Amends GS 90-171.71 abolishing the policy setting board for the governing of the NC Center for Nursing (Center). Directs the University of North Carolina to administer the Center. Makes conforming change to GS 126-5.
Eliminates the NC Child Fatality Task Force (Task Force). Repeals GS 7B-1402 (creation), 7B-1403 (duties), and 7B-1412 (reporting requirements). Makes conforming changes to GS 7B-1401 and 7B-1404. Amends GS 7B-1405 to redirect the NC Child Fatality Prevention Team to report to the Department of Health and Human Services on its activities and recommendations (was, report to the Task Force). Makes additional conforming changes to GS Chapter 7B. Effective June 30, 2013.
Abolishes the NC Community Development Council, repealing Part 2A of Article 10 of GS Chapter 143B. Makes conforming changes repealing GS 143B-432(c)(1) and 143B-433(2)b.
Repeals GS 58-33-135, thereby eliminating the Continuing Education Advisory Committee.
Repeals GS 143B-715, which specified the duties and membership of the NC Board of Correction. Makes a conforming change removing reference to the Board of Correction from GS 143B-711.
Abolishes the NC Courts Commission by repealing GS 7A-506 through GS 7A-510. Makes a conforming change to GS 15A-266.5.
Eliminates the Governor’s Crime Commission, repealing GS 143B-1100 through GS 143B-1103. Makes conforming changes to GS 143A-244, 143B-600, 143B-602, 15A-1336, and 164-42.1(a).
Repeals GS 115C-64.6 through GS 115C-64.9, abolishing the Committee on Dropout Prevention.
Repeals GS 143-355.1, thereby eliminating the Drought Management Advisory Council. Amends GS 143-355.2 to make conforming changes.
Eliminates the Edenton Historical Commission, repealing GS 143B-95 through GS 143B-98.
Directs the Secretary of State to abolish the Advisory Council on Electronic Notary Standards no later than 30 days after the date this act becomes effective.
Amends GS 47-16.5 to abolish the Electronic Recording Council. Makes a conforming change.
Amends GS 96-4 to abolish the Employment Security Advisory Council. Makes a conforming change.
Eliminates the North Carolina Farmworkers Council, repealing GS 143B-426.25 and 143B-426.26.
Abolishes the Justus-Warren Heart Disease and Stroke Prevention Task Force, repealing GS 143B-216.60.
Repeals GS 122E-4 to eliminate the North Carolina Housing Partnership (Partnership). Makes conforming changes to GS 122E-2, 122E-5, and 120-123(34b). Also amends GS 122E-6, 122E-7, and 122E-8 to assign functions of the Partnership to the North Carolina Housing Finance Agency (Agency). Amends GS 122A-5 to provide that the Agency’s authority includes the power to promote development of a low-incoming housing plan for the state and to obtain necessary housing information from other state agencies.
Eliminates the Committee on Inaugural Ceremonies, repealing GS 143-532 through GS 143-539.
Abolishes the Interagency Coordinating Council of Children from Birth to Five with Disabilities and Their Families. Repeals GS 143B-179.5 and GS 143B-179.6. Makes conforming changes to GS 143B-139.6A.
Eliminates the Governor’s Management Council, repealing GS 143B-426.22.
Dissolves the Legislative Commission on Methamphetamine Abuse (Commission), repealing GS 120-226. Amends GS 90-113.64 and 114-19.01 directing that required reports from the State Bureau of Investigation be submitted to the Joint Legislative Oversight Committee on Justice and Public Safety in lieu of the dissolved Commission.
Abolishes the Mine Safety and Health Advisory Council, repealing GS 74-24.2(2) and GS 74-24.6.
Dissolves the Motor Vehicle Dealer’s Advisory Board, repealing GS 20-305.4. Makes conforming changes to GS 20-305.5.
Repeals GS 153B-4, eliminating the Mountain Area Resources Technical Advisory Council. Repeals GS 153B-1 through GS 153B-3, eliminating the Mountain Resources Commission.
Amends GS 143B-426.9 to eliminate the Board of Public Telecommunications Commissioners (Board). Makes conforming changes to GS 143B-426.8 and 143B-426.11. Repeals GS 120-123(4) to delete a reference to the dissolved Board.
Abolishes the Board of Directors Certification Entity for Phase II Settlement Fund Certification Board, established under SL 1999-333.
Dissolves the NC Small Business Contractor Authority (Authority). Repeals GS 143B-472.102. Amends GS 143B-472.10 to delete the definition for the Authority and to add that Department refers to the Department of Commerce. Amends GS 143B-472.103, 143B-472.104, and 143B-472.105 to designate responsibilities of the Authority to the Department.
Abolishes the NC Sustainable Communities Task Force, repealing GS 143B-344.34 through 143-344.38. Makes a conforming change repealing GS 120-123(79).
Eliminates the NC Sustainable Local Food Advisory Council, repealing GS 106-830 through 106-833.
Repeals GS 120-275 through 120-279, abolishing the Joint Legislative Commission on the Department of Transportation Disadvantaged Minority-Owned and Women-Owned Business Program.
Repeals GS 143B-434.1 dissolving the NC Travel and Tourism Board. Makes a conforming change repealing GS 143B-434(a)(4).
Declares that the following boards, committees, and commissions have met statutory requirements and are no longer authorized to operate in any capacity: (1) Legislative Task Force on Childhood Obesity, (2) Commission to Study the Governance and Adequacy of the Investment Authority of Various State-Owned Funds for the Purposes of Enhancing the Return on Investments, (3) “More at Four” Pre-K Task Force, (4) National Heritage Area Designation Commission, (5) Pilot Accreditation Advisory Board; (6) Public Funding Council of State Elections Commission, and (7) Legislative Commission on Global Climate Change. Effective June 30, 2012.
PART II. Reorganization of Various Boards and Commissions
Subpart A. Advisory Boards
Amends GS 115C-296.6 to make the following changes to the Board of Trustees (Board) for the NC Center for the Advancement of Teaching (NCCAT): (1) designates the State Superintendent of Public Instruction or the Superintendent’s designee to serve on the Board ex officio (was, the Chairman of the State Board and the Superintendent or their designees), (2) one member (was, two) appointed on the recommendation of the President Pro Tempore of the Senate, and (3) one member (was, two) appointed upon the recommendation of the Speaker of the House of Representatives.
Amends GS 143B-88 to reduce the membership of the North Carolina Arts Council (Council) to 12 members (was, 24) appointed by the Governor. Staggers the term expiration dates for the initial members of the Council. Authorizes the Council to designate a member to be chair (was, chair designated by the Governor).
Amends GS 113A-105 to reduce the members of the Coastal Resources Advisory Council to 24 members (was, 45). Makes adjustments to the designation or appointment of members.
Amends GS 143B-216.32 to reduce the members of the Council for the Deaf and the Hard of Hearing to 19 (was, 28) members appointed by the Governor. Designates that one appointee must be a deaf education teacher (was, an educator who trains deaf education teacher) and one appointment must be a licensed doctor with a primary specialty in providing treatment to deaf or hard of hearing patients. Makes additional changes to the appointment requirements and provides that all members are to serve a four year term. Provides that the Council is to designate the chair (was, designated by the Secretary of the Department of Health and Human Services).
Amends GS 143B-179 to reduce the membership of the Council on Developmental Disabilities to 18 (was, 32). Also amends the criteria for the appointment of members.
Amends GS 143B-434 to reduce the Economic Development Board (EDB) to 21 members (was, 39). Provides that all terms are to be for four years. Makes additional changes regarding beginning dates for terms and appointments to the EDB.
Amends GS 114-51 to reduce the members of the North Carolina Financial Literacy Council to nine (was, 18). Deletes requirement for at least one member from the Department of Commerce, the Department of Justice, and the Department of Labor. Makes additional changes to membership requirements.
Amends GS 143A-66.2 to change the membership of the North Carolina Forestry Council to 12 members (was, 18). Authorizes the Forestry Council to select a member as chair (was, the Governor designated the chair). Amends the criteria for the appointment of members.
Amends GS 143-726, reducing the members of the NC Geographic Information Coordinating Council to 20 (was, 35). Makes additional changes to the composition of the members of the Coordinating Council. Provides that the Governor is to appoint a chair from the membership of the Council to serve for a one-year term. Directs the Office of Geospatial and Technology Management, Division of Emergency Management, and the Department of Public Safety to provide staff support as needed. Expands on the report recipients.
Amends GS 143B-63. Reduces the members of the NC Historical Commission to seven (was, 11). Makes adjustments to the requirements for membership on the Historical Commission.
Amends GS 143A-48.1, reducing the members of the NC Council on the Holocaust to 12 (was, 24). Makes adjustments to the number of appointments made by the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.
Amends GS 122A-5.11 to reduce the members of the NC Housing Coordination and Policy Council to nine (was, 15).
Amends GS 143B-392 to provide that the NC Human Relations Commission (HRC) consists of 11 members (was, 22). Authorizes the members of the HRC to appoint the chair (was, the Governor appointed the chair). Amends the criteria for the appointment of members and for setting members’ term lengths.
Amends GS 115C-210.1 to reduce the members of the State Advisory Council on Indian Education to 11 (was, 15). Reduces the number of Indian parents on the Advisory Council to four (was, eight).
Amends GS 143B-418 to provide that the NC Internship Council consists of 13 members (was, 17). Amends GS 143B-91 to provide that the State Library Commission consists of 11 members (was, 15). Amends GS 130A-34.1 reducing the members of the Local Health Department Accreditation Board to nine (was, 17). Makes adjustments to the number of appointments by each appointing authority.
Amends GS 143B-289.57 (establishes the Marine Fisheries Commission Advisory Committee) to combine the Crustacean Committee and the Shellfish Committee into a single Shellfish/Crustacean Advisory Committee. Directs the Marine Fisheries Advisory Commission Chair to appoint a Northern Advisory Committee and a Southern Advisory Committee and specifies the geographic areas that each Committee is to encompass (was, appoint a regional advisory committee for three designated coastal areas and an advisory committee for the part of the state not included in the three coastal regions). Directs the Chair of the Marine Fisheries Advisory Commission to appoint no more than 11 members to the Northern Advisory Committee and the Southern Advisory Committee.
Under current law, the NC Advisory Commission on Military Affairs consists of 21 voting members who serve on the Executive Committee and 17 nonvoting ex-officio members. Amends GS 127C-2 to reduce the number of voting members on the Executive Committee to 15.
Amends GS 130A-33.44 to provide that the Minority Health Advisory Council consists of nine members (was, 15). Makes adjustments to the number of appointments by each appointing authority.
Amends GS 140-5.13, effective October 1, 2012, to provide that the Board of Trustees consists of 11 members (was, 29). Makes adjustments to the number of appointments by each appointing authority. Provides that the terms of currently serving members expire September 30, 2012, and that members appointed under GS 140-5.13 as amended are to begin serving their terms on October 1, 2012.
Amends GS 143B-472.81 to provide that the NC Board of Science and Technology consists of the Governor, the Secretary of Commerce, and 13 appointed members (was, 17). Amends GS 143B-386 to reduce the members of the State Youth Advisory Council of the Department of Administration to 10 (was, 20). Makes adjustments to the number of appointments by each appointing authority.
Except as otherwise provided, the provisions in Subpart A are effective July 1, 2012. Terms for members currently serving on the boards and commissions in this Subpart expire on June 30, 2012. Charges the appointing authorities with the responsibility for achieving the membership totals under this Subpart by August 1, 2012.
Subpart B. Executive Boards and Commissions
Amends GS 122D-4 to establish a seven-member NC Agricultural Finance Authority (was, 10 members). Specifies the appointing authorities and the number of appointments allocated to each. Makes conforming changes.
Limits the U.S.S. North Carolina Battleship Commission to 12 members. Requires the Governor to eliminate six of the Governor’s appointments to the Commission by August 1, 2012.
Limits the NC Child Care Commission to 15 members. Requires the Governor to eliminate two appointments by August 1, 2012.
Amends GS 113A-104 to provide that the NC Coastal Resources Commission is to consist of nine (was, 15) members appointed by the Governor. Provides that the chair is to be designated by members of the Commission (was, designated by the Governor). Makes adjustments to the number of appointments by the Governor. Makes conforming changes.
Amends GS 143B-394.15, reducing the members of the Domestic Violence Commission (DVC) to 20 (was, 39). Eliminates nine of 12 ex-officio members of the DVC. Makes adjustments to the number of appointments by each appointing authority and to term lengths.
Amends GS 143B-166 to provide that the NC Medical Care Commission consists of 11 members (was, 17). Makes conforming changes.
Amends GS 143B-148 to reduce the members of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services to 19 (was, 32). Retains the eight appointments by the General Assembly but decreases the number of appointments by the Governor to 11 (was, 24). Makes additional adjustments to the selection of appointees.
Amends GS 143B-168.12 to provide that the Board of Directors for the North Carolina Partnership is to consist of 20 members (was, 26). Designates that the Board members appoint the Board Chair (was, appointed by the Governor). Reduces the number of members appointed by the Governor to six (was, 12). Makes conforming changes.
Amends GS 130A-30, reducing the members of the Commission for Public Health to 11 (was, 13). Reduces the number of members appointed by the Governor to seven (was, nine).
Amends GS 116-37.1 to provide that the Board of Trustees of the University of North Carolina Center for Public Television have four members (was, 11) appointed by the Board of Governors and two members (was, four) appointed by the Governor.
Amends GS 143B-154 to provide that the Social Services Commission of the Department of Health and Human Services is to consist of nine members appointed by the Governor (was, one member from each state congressional district). Makes conforming changes.
Amends GS 115C-87, effective July 1, 2012, to reduce from 23 to 16 the number of members on the NC Textbook Commission, and makes adjustments to the appointments.
Amends GS 143-717 to reduce from 18 to 13 the number of members on the Tobacco Trust Fund Commission, and makes adjustments to the number of appointments made by each appointing authority and to the quorum. Details the staggered terms.
Amends GS 90-470 to reduce from 18 to 11 the number of members on the NC Institute of Medicine, and specifies the number of appointments for each appointing authority.
Amends GS 143B-394 to reduce from 20 to 11 the number of members on the NC Council for Women in the Department of Administration, and makes adjustments to the number of appointments made by each appointing authority.
Amends GS 143B-438.10 to reduce from 38 to 18 the number of members on the Commission on Workforce Development, and makes adjustments to the number of appointments made the Governor.
Amends GS 143B-283 to reduce from 13 to 7 to number of members on the Environmental Management Commission appointed by the Governor, and makes adjustments to the appointments made by the Governor. Makes technical changes to and amends chair appointment in GS 143B-284.
Unless otherwise indicated, makes the modifications to boards and commissions effective July 1, 2012. Directs appointing authorities to determine, by August 1, 2012, which terms to eliminate to comply with this act, if the eliminated term is not set out.
PART III. MISCELLANEOUS AND CONFORMING CHANGES
Repeals Section 1.16 of SL 2011-176 and Section 3.6 of 2011-406 (made a specific appointment to the e-NC Authority).
Amends GS 130A-440.1 (early childhood vision care) to delete requirement that school send parents information about funds from the Governor’s Commission on Early Childhood Vision Care.
Makes a conforming change to GS 58-50-180 (concerning Employee Hospital and Medical Benefits Committee).
Makes clarifying changes to several provisions in Article 9 (NC Cemetery Act) of GS Chapter 65, regarding the Cemetery Commission. Clarifies that hearings are held in accordance with Article 3A of the Administrative Procedure Act, and sets out the procedure to apply for injunctive relief. Adds two powers, related to dealing with real property and purchasing supplies and equipment, to the list of the Cemetery Commission’s powers. Enacts new GS 65-53.1 to appoint inspectors of the Cemetery Commission, who will determine whether businesses and licensees are in compliance. Enacts new GS 65-54.1 to add a confidentiality provision. Amends GS 143B-433(1) to remove the Cemetery Commission as an entity included in the Department of Commerce. Makes conforming changes.
Amends GS 140-5.15 to direct the five-member Director’s Committee (rather than the Secretary of Cultural Resources) to appoint the Director of the NC Museum of Art; authorizes the same committee, with members as indicated, to dismiss the Director. Makes conforming changes.
Amends GS 89F-25 to prohibit examination fees imposed by the Licensing Board for Soil Scientists from exceeding the national exam fee. Makes conforming changes.
Amends GS 87-39(a) to increase from seven to eight the number of members on the State Board of Examiners of Electrical Contractors, with appointments as specified.
Enacts new GS 90-210.25B, prohibiting the Board of Funeral Service from issuing or renewing any license to a person or entity who has been convicted of a sexual offense against a minor, as detailed.
Amends GS 90-186(6) to increase ten, listed fees imposed by the Veterinary Medical Board.
Amends GS 77-92 to clarify the appointing authority for members to the Roanoke River Basin Bi-State Commission. Makes conforming changes.

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