Bill Summary for S 474 (2019-2020)

Summary date: 

Jul 7 2020

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 474 (Public) Filed Tuesday, April 2, 2019
AN ACT TO ABOLISH OBSOLETE BOARDS AND COMMISSIONS THAT ARE NO LONGER FUNCTIONAL, MODIFY THE REQUIREMENTS FOR EMERGENCY JUDGES, TRANSFER THE BOXING COMMISSION FROM THE DEPARTMENT OF COMMERCE TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO EXTEND SUNSET ON WAIVER OF REQUIRING WITNESSES FOR HEALTH CARE POWERS OF ATTORNEY AND FOR ADVANCED DIRECTIVES FOR A NATURAL DEATH.
Intro. by Wells.

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Bill summary

House committee substitute to the 3rd edition makes the following changes.

Corrects a statutory reference regarding the repeal of the NC Agency for Public Telecommunications. 

Corrects a session law reference regarding the repeal of the Grants Management Oversight Committees. 

Makes a clarifying change to repeal Section 3 of SL 2003-404, concerning the Blount Street Historic District Oversight Committee, rather than the entire session law.

Deletes the provisions regarding the proposed repeal or abolition of the following: the Eastern Carolina Regional Housing Authority Board of Commissioners; the Southern Technology Council; the NC Advisory Council on the Eastern Band of the Cherokee; and the State Advisory Council on Indian Education. 

Adds the following content.

Amends GS 7A-52 to allow retired superior court judges who have not reached the mandatory retirement age to apply to become district court emergency judges if they were district court judges prior to retiring from the superior court. 

Transfers the Boxing Commission (Commission) from the Department of Commerce to the Department of Public Safety (DPS) as a Type II transfer, except that the Commission's management functions are not performed under the direction and supervision of the Secretary of Public Safety (Secretary). Makes conforming changes to GS 143-652.2, including changing member appointment authority from the Secretary of Commerce to the Secretary, and GS 143-655. Transfers funds from the State Boxing Revenue Account with the Department of Commerce to the same named account within DPS; orders closure of the Department of Commerce account upon transfer. Provides for all Commission members to continue to serve their terms as appointed pursuant to Section 12 of SL 2019-203 (which transferred the Commission from DPS to the Department of Commerce), except that the one voting member appointed by the Secretary of Commerce under GS 143-652.2(a)(4) for a three-year term must be replaced by an appointee of the Secretary of Public Safety on the effective date of the act to serve the remainder of that term. Provides a savings clause for all boxing investigations, hearings, proceedings and prosecutions pursuant to Article 68 prior to the act's effective date. 

Extends the sunset from August 1, 2020, to March 1, 2021, of GS 32A-16.1 and GS 90-321.1, as enacted by SL 2020-3, which establish a waiver for the requirement of two qualified witnesses for execution of health care powers of attorney and advanced directives for a natural death declaration executed on the effective date of SL 2020-3 (May 4, 2020) and until the termination of the State of Emergency declared in Executive Order No 116, as extended by subsequent Executive Orders. 

Makes conforming changes to the act's titles.

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