Bill Text: NC S10 | 2013-2014 | Regular Session | Amended
Bill Title: Government Reorganization and Efficiency Act
Spectrum: Partisan Bill (Republican 12-0)
Status: (Engrossed - Dead) 2013-07-24 - Conferees Changed [S10 Detail]
Download: North_Carolina-2013-S10-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 6
SENATE BILL 10
Rules and Operations of the Senate Committee Substitute Adopted 2/5/13
Third Edition Engrossed 2/6/13
House Committee Substitute Favorable 2/27/13
House Committee Substitute #2 Favorable 2/28/13
Sixth Edition Engrossed 3/4/13
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Short Title: Government Reorganization and Efficiency Act. |
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Sponsors: |
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Referred to: |
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January 31, 2013
A BILL TO BE ENTITLED
AN ACT establishing the government reduction and efficiency act of 2013.
The General Assembly of North Carolina enacts:
PART I. ELIMINATION OF CERTAIN STATE BOARDS AND COMMISSIONS THAT HAVE NOT MET RECENTLY, ARE DUPLICATIVE, OR ARE NOT DEEMED CRITICAL to government operations
lottery oversight commission
SECTION 1.1.(a) G.S. 18C‑172 is repealed.
SECTION 1.1.(b) G.S. 18C‑115 reads as rewritten:
"§ 18C‑115. Reports.
The Commission shall send quarterly and annual reports on the
operations of the Commission to the Governor, State Treasurer, the Lottery
Oversight Committee, and to the General Assembly. The reports shall include
complete statements of lottery revenues, prize disbursements, expenses, net
revenues, and all other financial transactions involving lottery funds,
including the occurrence of any audit."
small business contractor authority
SECTION 1.2. Part 20 of Article 10 of Chapter 143B of the General Statutes, G.S. 143B‑472.100 through G.S. 143B‑472.112, is repealed.
committee on dropout prevention
SECTION 1.3. Article 6B of Chapter 115C of the General Statutes, G.S. 115C‑64.6 through G.S. 115C‑64.9, is repealed.
state education commission established in chapter 116c of the general statutes
SECTION 1.4.(a) G.S. 116C‑1 reads as rewritten:
"§ 116C‑1. Education Cabinet created.
…
(c) The Education Cabinet shall be a nonvoting body that:
(1) Works to resolve issues between existing providers of education.
(2) Sets the agenda for the State Education
Commission.
(3) Develops a strategic design for a continuum of education programs, in accordance with G.S. 116C‑3.
(4) Studies other issues referred to it by the Governor or the General Assembly.
…."
SECTION 1.4.(b) G.S. 116C‑2 is repealed.
state education commission established in article 26 of chapter 143 of the general statutes
SECTION 1.5. Article 26 of Chapter 143 of the General Statutes, G.S. 143‑261 through G.S. 143‑266, is repealed.
national heritage area designation commission
SECTION 1.6. Section 18.10 of S.L. 2001‑491 reads as rewritten:
"SECTION 18.10. Notwithstanding G.S. 158‑8.1, the Western North Carolina Regional Economic Development Commission shall develop a regional heritage tourism plan and shall present the plan to the 2002 Regular Session of the 2001 General Assembly no later than May 1, 2002. The National Heritage Area Designation Commission created pursuant to Section 18.4 of this act shall terminate July 1, 2013."
governor's management council
SECTION 1.7. Part 24 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑426.22, is repealed.
center for nursing
SECTION 1.8. G.S. 90‑171.71 and G.S. 90‑171.72 are repealed.
board of correction
SECTION 1.9.(a) G.S. 143B‑711 reads as rewritten:
"§ 143B‑711. Division of Adult Correction of the Department of Public Safety – organization.
The Division of Adult Correction of the Department of Public
Safety shall be organized initially to include the Post‑Release
Supervision and Parole Commission, the Board of Correction,the Section
of Prisons of the Division of Adult Correction, the Section of Community
Corrections, the Section of Alcoholism and Chemical Dependency Treatment
Programs, and such other divisions as may be established under the provisions
of the Executive Organization Act of 1973."
SECTION 1.9.(b) G.S. 143B‑715 is repealed.
Board of Public Telecommunications Commissioners of the North carolina agency for public telecommunications
SECTION 1.10.(a) Part 22 of Article 9 of Chapter 143B of the General Statutes is repealed.
SECTION 1.10.(b) G.S. 120‑123(4) is repealed.
Board of Directors of the Certification Entity for the Phase II Settlement Funds
SECTION 1.11. Board of Directors of the Certification Entity for Phase II Settlement Funds, established pursuant to S.L. 1999‑333, is abolished.
ELIMINATION OF CERTAIN STATE BOARDS, COMMITTEES, AND COMMISSIONS THAT HAVE MET STATUTORY REQUIREMENTS
SECTION 1.12. The following Session Laws are repealed:
(1) Section 26 of S.L. 2010‑169, which established the Public Funding of Council of State Elections Commission.
(2) Section 11 of S.L. 2005‑442, as amended by S.L. 2006‑73, S.L. 2008‑81, S.L. 2009‑306, and S.L. 2011‑266, which established the Legislative Commission on Global Climate Change.
(3) S.L. 2011‑301, which established the Arts Education Commission.
north carolina sustainable local food advisory council
SECTION 1.13.(a) Section 4 of S.L. 2009‑530, as rewritten by S.L. 2012‑75, reads as rewritten:
"SECTION 4. This act is effective when it becomes
law and shall expire on July 31, 2015.July 1, 2013."
SECTION 1.13.(b) The Department of Agriculture and North Carolina's land grant universities shall continue to collaborate on promoting local food production and consumption in North Carolina.
PART II. REORGANIZATION OF VARIOUS BOARDS AND COMMISSIONS
Coastal Resources Commission
SECTION 2.1.(a) G.S. 113A‑104 reads as rewritten:
"§ 113A‑104. Coastal Resources Commission.
(a) Established. – The General Assembly hereby establishes within the Department of Environment and Natural Resources a commission to be designated the Coastal Resources Commission.
(b) Composition. – The Coastal Resources
Commission shall consist of 15 members appointed by the Governor, as follows:
(1) One who shall at the time of appointment
be actively connected with or have experience in commercial fishing.
(2) One who shall at the time of appointment
be actively connected with or have experience in wildlife or sports fishing.
(3) One who shall at the time of appointment
be actively connected with or have experience in marine ecology.
(4) One who shall at the time of appointment
be actively connected with or have experience in coastal agriculture.
(5) One who shall at the time of appointment
be actively connected with or have experience in coastal forestry.
(6) One who shall at the time of appointment
be actively connected with or have experience in coastal land development.
(7) One who shall at the time of appointment
be actively connected with or have experience in marine‑related business
(other than fishing and wildlife).
(8) One who shall at the time of appointment
be actively connected with or have experience in engineering in the coastal
area.
(9) One who shall at the time of appointment
be actively associated with a State or national conservation organization.
(10) One who shall at the time of appointment
be actively connected with or have experience in financing of coastal land
development.
(11) Two who shall at the time of appointment
be actively connected with or have experience in local government within the
coastal area.
(12) Three at‑large members.
(b1) Composition. – The Coastal Resources Commission shall consist of 13 members as follows:
(1) One appointed by the Governor who shall, at the time of appointment, be a coastal property owner or experienced in land development.
(2) One appointed by the Governor who shall, at the time of appointment, be a coastal property owner or experienced in land development.
(3) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in engineering in the coastal area or a marine related science.
(4) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in engineering in the coastal area or a marine related science.
(5) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in coastal‑related business.
(6) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in local government within the coastal area.
(7) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in coastal agriculture.
(8) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in commercial fishing.
(9) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have experience in coastal forestry.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 who shall, at the time of appointment, be actively connected with or have experience in sports fishing.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121 who shall, at the time of appointment, be actively connected with or have experience in wildlife.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121 who shall serve at large.
(c) Appointment of Members. – The term "appointing authority" appearing anywhere in this section means the Governor in the case of members appointed by the Governor and means the General Assembly in the case of members appointed by the General Assembly. Appointments to the Commission shall be made to provide knowledge and experience in a diverse range of coastal interests. The members of the Commission shall serve and act on the Commission solely for the best interests of the public and public trust, and shall bring their particular knowledge and experience to the Commission for that end alone. Counties and cities in the coastal area may designate and transmit to the appointing authorities no later than May 1 of each even‑numbered year qualified persons in the categories set out in subsection (b1) of this section corresponding to the Commission positions to be filled that year.
The Governor shall appoint in his sole discretion those
members of the Commission whose qualifications are described in subdivisions
(6) and (10), and one of the three members described in subdivision (12) of
subsection (b) of this section.
The remaining members of the Commission shall be appointed
by the Governor after completion of the nominating procedures prescribed by
subsection (d) of this section.
(c1) The members of the Commission whose
qualifications are described in subdivisions (1) through (5), (9), and (11),(3),
(6), (7), (8), (9), (11), and (12) shall be persons who do not derive any
significant portion of their income from land development, construction, real
estate sales, or lobbying and do not otherwise serve as agents for development‑related
business activities. The Governor shall require adequate disclosure of
potential conflicts of interest by these members. The Governor, by
executive order, shall promulgate criteria regarding conflicts of interest and
disclosure thereof for determining the eligibility of persons under this section.subsection.
(c2) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) Nominations for Membership. – On or
before May 1 in every even‑numbered year the Governor shall designate and
transmit to the board of commissioners in each county in the coastal area four
nominating categories applicable to that county for that year. Said nominating
categories shall be selected by the Governor from among the categories
represented, respectively by subdivisions (1), (2), (3), (4), (5), (7), (8),
(9), (11) – two persons, and (12) – two persons, of subsection (b) of this
section (or so many of the above‑listed paragraphs as may correspond to
vacancies by expiration of term that are subject to being filled in that year).
On or before June 1 in every even‑numbered year the board of
commissioners of each county in the coastal area shall nominate (and transmit
to the Governor the names of) one qualified person in each of the four
nominating categories that was designated by the Governor for that county for
that year. In designating nominating categories from biennium to biennium, the
Governor shall equitably rotate said categories among the several counties of
the coastal area as in his judgment he deems best; and he shall assign, as near
as may be, an even number of nominees to each nominating category and shall
assign in his best judgment any excess above such even number of nominees. On
or before June 1 in every even‑numbered year the governing body of each
incorporated city within the coastal area shall nominate and transmit to the
Governor the name of one person as a nominee to the Commission. In making
nominations, the boards of county commissioners and city governing bodies shall
give due consideration to the nomination of women and minorities. The Governor
shall appoint 12 persons from among said city and county nominees to the
Commission. The several boards of county commissioners and city governing bodies
shall transmit the names, addresses, and a brief summary of the qualifications
of their nominees to the Governor on or before June 1 in each even‑numbered
year, beginning in 1974; provided, that the Governor, by registered or
certified mail, shall notify the chairman or the mayors of the said local
governing boards by May 20 in each such even‑numbered year of the duties
of local governing boards under this sentence. If any board of commissioners or
city governing body fails to transmit its list of nominations to the Governor
by June 1, the Governor may add to the nominations a list of qualified nominees
in lieu of those that were not transmitted by the board of commissioners or
city governing body; Provided however, the Governor may not add to the list a
nominee in lieu of one not transmitted by an incorporated city within the
coastal area that neither has a population of 2,000 or more nor is contiguous
with the Atlantic Ocean. Within the meaning of this section, the "governing
body" is the mayor and council of a city as defined in G.S. 160A‑66.
The population of cities shall be determined according to the most recent
annual estimates of population as certified to the Secretary of Revenue by the
Secretary of Administration.
(e) Residential Geographic Qualifications.
– All nominees of the several boards of county commissioners and city
governing bodies must reside within the coastal area, but need not reside in
the county from which they were nominated. No more than one of those
members appointed by the Governor from among said nominees may reside in a
particular county. No more than two members of the entire Commission, at any
time, may reside in a particular county. No more than two members of the entire
Commission, at any time, may reside outside the coastal area.All members
of the Commission must be residents of North Carolina and reside or own
real property in the coastal area.
(f) Office May Be Held Concurrently with Others. – Membership on the Coastal Resources Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128‑1.1.
(g) Terms. – The members shall serve staggered terms
of office of four years. At the expiration of each member's term, the Governor
appointing authority shall reappoint or replace the member with a
new member of like qualification (asas specified in subsection (b)(b1)
of this section), in the manner provided by subsections (c) and (d) of this
section. The initial term shall be determined by the Governor in accordance
with customary practice but eight of the initial members shall be appointed for
two years and seven for four years.section.
(h) Vacancies. – In the event of a vacancy arising
otherwise than by expiration of term, the Governor appointing
authority shall appoint a successor of like qualification (asas
specified in subsection (b)(b1) of this section)section
who shall then serve the remainder of his predecessor's term. When any such
vacancy arises, the Governor shall immediately notify the board of
commissioners of each county in the coastal area and the governing body of each
incorporated city within the coastal area. Within 30 days after receipt of such
notification each such county board and city governing body shall nominate and
transmit to the Governor the name and address of one person who is qualified in
the category represented by the position to be filled, together with a brief
summary of the qualifications of the nominee. The Governor shall make the
appointment from among said city and county nominees. If any county board or
city governing body fails to make a timely transmittal of its nominee, the
Governor may add to the nominations a qualified person in lieu of said nominee;
Provided however, the Governor may not add to the list a nominee in lieu of one
not transmitted by an incorporated city within the coastal area that neither
has a population of 2,000 or more nor is contiguous with the Atlantic Ocean.
(i) Officers. – The chairman shall be designated by
the Governor from among the members of the Commission to serve as chairman at
the pleasure of the Governor. The vice‑chairman shall be elected by and
from the members of the Commission and shall serve for a term of two years or
until the expiration of his the vice‑chairman's regularly
appointed term.
(j) Compensation. – The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
(k) In making appointments to and filling
vacancies upon the Commission, the Governor shall give due consideration to
securing appropriate representation of women and minorities.
(l) Attendance. – Regular attendance at Commission meetings is a duty of each member. The Commission shall develop procedures for declaring any seat on the Commission to be vacant upon failure by a member to perform this duty.
(m) Quorum. – A majority of the Commission shall constitute a quorum."
SECTION 2.1.(b) Transition of Membership of the Coastal Resources Commission. –
(a) Except as otherwise provided in this section, the terms of all members of the Coastal Resources Commission serving on January 1, 2013, shall expire when this act becomes law. A new Commission of 13 members shall be appointed in the manner provided by G.S. 113A‑104(b1), as enacted by Section 2.1(a) of this act, and this section. Members appointed in the manner provided by G.S. 113A‑104(b1), as enacted by Section 2.1(a) of this act, shall be appointed no later than July 1, 2013.
(1) The member serving pursuant to G.S. 113A‑104(b)(1) on January 1, 2013, shall continue to serve pursuant to G.S. 113A‑104(b1)(8), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(2) The member serving pursuant to G.S. 113A‑104(b)(2) on January 1, 2013, shall continue to serve pursuant to G.S. 113A‑104(b1)(10), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(3) The member serving pursuant to G.S. 113A‑104(b)(11) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A‑104(b1)(6), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(4) The member serving pursuant to G.S. 113A‑104(b)(12) on January 1, 2013, whose term would otherwise expire on June 30, 2014, shall continue to serve pursuant to G.S. 113A‑104(b1)(9), as enacted by Section 2.1(a) of this act, until June 30, 2014.
(b) Members of the Commission whose qualifications are described by subdivisions (1), (3), (5), (7), (11), and (13) of G.S. 113A‑104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of two years, and subsequent appointments shall be for four‑year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (2), (4), (6), (8), (9), (10), and (12) of G.S. 113A‑104(b1), as enacted by Section 2.1(a) of this act, shall be appointed for an initial term of one year and subsequent appointments shall be for four‑year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
Coastal Resources advisory council
SECTION 2.2. G.S. 113A‑105 reads as rewritten:
"§ 113A‑105. Coastal Resources Advisory Council.
(a) Creation. – There is hereby created and established a council to be known as the Coastal Resources Advisory Council.
(b) Membership and Terms. – The Coastal
Resources Advisory Council shall consist of not more than 45 20 members
appointed or designated as follows:
(1) Two individuals designated by the
Secretary from among the employees of the Department;
(1a) The Secretary of Commerce or person
designated by the Secretary of Commerce;
(2) The Secretary of Administration or person
designated by the Secretary of Administration;
(3) The Secretary of Transportation or person
designated by the Secretary of Transportation; and one additional member
selected by the Secretary of Transportation from the Department of
Transportation;
(4) The State Health Director or the person
designated by the State Health Director;
(5) The Commissioner of Agriculture or person
designated by the Commissioner of Agriculture;
(6) The Secretary of Cultural Resources or
person designated by the Secretary of Cultural Resources;
(7) One member from each of the four multi‑county
planning districts of the coastal area to be appointed by the lead regional
agency of each district;
(8) One representative from each of the
counties in the coastal area to be designated by the respective boards of
county commissioners;
(9) No more than eight additional members
representative of cities in the coastal area and to be designated by the
Commission;
(10) Three members selected by the Commission
who are marine scientists or technologists;
(11) One member who is a local health director
selected by the Commission upon the recommendation of the Secretary.
by the Coastal Resources Commission. All members of the Council must be residents of North Carolina and reside or own real property in the coastal area. Counties and cities in the coastal area may nominate candidates for consideration by the Commission. The terms of all Council members serving on the Council on January 1, 2013, shall expire on June 30, 2013. A new Council shall be appointed in the manner provided by this subsection with terms beginning on July 1, 2013, and expiring on June 30, 2015. Members may be reappointed at the discretion of the Commission, provided that one‑half of the membership at the beginning of any two‑year term are residents of counties in the coastal area.
(c) Functions and Duties. – The Advisory Council shall assist the Secretary and the Secretary of Administration in an advisory capacity:
(1) On matters which may be submitted to it by either of them or by the Commission, including technical questions relating to the development of rules, and
(2) On such other matters arising under this Article as the Council considers appropriate.
(d) Multiple Offices. – Membership on the Coastal Resources Advisory Council is hereby declared to be an office that may be held concurrently with other elective or appointive offices (except the office of Commission member) in addition to the maximum number of offices permitted to be held by one person under G.S. 128‑1.1.
(e) Chairman and Vice‑Chairman. – A chairman and vice‑chairman shall be elected annually by the Council.
(f) Compensation. – The members of the Advisory Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5."
Environmental management commission
SECTION 2.3.(a) G.S. 143B‑283 reads as rewritten:
"§ 143B‑283. Environmental Management Commission – members; selection; removal; compensation; quorum; services.
(a) The Environmental Management Commission
shall consist of 13 members appointed by the Governor. The Governor shall
select the members so that the membership of the Commission shall consist of:
(1) One who shall be a licensed physician
with specialized training and experience in the health effects of environmental
pollution;
(2) One who shall, at the time of appointment,
be actively connected with the Commission for Public Health or local board of
health or have experience in health sciences;
(3) One who shall, at the time of
appointment, be actively connected with or have had experience in agriculture;
(4) One who shall, at the time of
appointment, be a registered engineer with specialized training and experience
in water supply or water or air pollution control;
(5) One who shall, at the time of
appointment, be actively connected with or have had experience in the fish and
wildlife conservation activities of the State;
(6) One who shall, at the time of
appointment, have special training and scientific expertise in hydrogeology or
groundwater hydrology;
(7) Three members interested in water and air
pollution control, appointed from the public at large;
(8) One who shall, at the time of
appointment, be actively employed by, or recently retired from, an industrial
manufacturing facility and knowledgeable in the field of industrial air and
water pollution control;
(9) One who shall, at the time of
appointment, be actively connected with or have had experience in pollution
control problems of municipal or county government;
(10) One who shall, at the time of appointment,
have special training and scientific expertise in air pollution control and the
effects of air pollution; and
(11) One who shall, at the time of appointment,
have special training and scientific expertise in freshwater, estuarine, marine
biological, or ecological sciences.
(a1) The Environmental Management Commission shall consist of 15 members as follows:
(1) One appointed by the Governor who shall be a licensed physician.
(2) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(3) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in hydrology, water pollution control, or the effects of water pollution.
(4) One appointed by the Governor who shall, at the time of appointment, have special training or scientific expertise in air pollution control or the effects of air pollution.
(5) One appointed by the Governor who shall, at the time of appointment, be actively connected with or have had experience in agriculture.
(6) One appointed by the Governor who shall, at the time of appointment, have special training and scientific expertise in freshwater, estuarine, marine biological, or ecological sciences or be actively connected with or have had experience in the fish and wildlife conservation activities of the State.
(7) One appointed by the Governor who shall, at the time of appointment, be actively employed by, or recently retired from, an industrial manufacturing facility and shall be knowledgeable in the field of industrial pollution control.
(8) One appointed by the Governor who shall, at the time of appointment, be a registered engineer with specialized training and experience in water supply or water or air pollution control.
(9) One appointed by the Governor who shall serve at large.
(10) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 who shall serve at large.
(11) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 who shall serve at large.
(12) One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121 who shall serve at large.
(13) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121 who shall serve at large.
(14) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121 who shall serve at large.
(15) One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121 who shall serve at large.
(b) Members appointed by the Governor shall serve
terms of office of six years. Any appointment to fill a vacancy on the
Commission created by the resignation, dismissal, death or disability of a
member shall be for the balance of the unexpired term. The Governor may
reappoint a member of the Commission to an additional term if, at the time of
the reappointment, the member qualifies for membership on the Commission under
subdivisions (1) through (9) of subsection (a)(a1) of this
section. Appointments by the General Assembly shall be made in accordance
with G.S. 120‑121, and vacancies in those appointments shall be
filled in accordance with G.S. 120‑122.
(b1) The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973.
(b2) The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5.
(b3) A majority of the Commission shall constitute a quorum for the transaction of business.
(b4) All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.
(c) Nine of the The members appointed by
the Governor under this section shall be persons who do not derive any
significant portion of their income from persons subject to permits or
enforcement orders under this Chapter. The Governor shall require adequate
disclosure of potential conflicts of interest by these members. The
Governor, by executive order, shall promulgate criteria regarding conflicts of
interest and disclosure thereof for determining the eligibility of persons
under this section,subsection, giving due regard to the
requirements of federal legislation, and for this purpose may promulgate rules,
regulations or guidelines in conformance with those established by any federal
agency interpreting and applying provisions of federal law.
(c1) All members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
(d) In addition to the members designated by
subsection (a) of this section, the General Assembly shall appoint six members,
three upon the recommendation of the Speaker of the House of Representatives,
and three upon the recommendation of the President Pro Tempore of the Senate.
Appointments by the General Assembly shall be made in accordance with G.S. 120‑121,
and vacancies in those appointments shall be filled in accordance with G.S. 120‑122.
Members appointed by the General Assembly shall serve terms of two years.
(e) Members of the Commission shall serve terms of four years."
SECTION 2.3.(b) Transition of Membership of the Environmental Management Commission. –
(a) Except as otherwise provided in this section, the terms of all members of the Environmental Management Commission serving on January 1, 2013, shall expire April 15, 2013. A new Commission of 15 members shall be appointed in the manner provided by G.S. 143B‑283(a1), as enacted by Section 2.3(a) of this act, and this section. Members appointed in the manner provided by G.S. 143B‑283(a1), as enacted by Section 2.3(a) of this act, shall be appointed no later than July 1, 2013.
(1) The member serving pursuant to G.S. 143B‑283(a)(3) on January 1, 2013, shall continue to serve pursuant to G.S. 143B‑283(a1)(5), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(2) The member serving pursuant to G.S. 143B‑283(a)(4) on January 1, 2013, shall continue to serve pursuant to G.S. 143B‑283(a1)(8), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(3) The member serving pursuant to G.S. 143B‑283(a)(7) on January 1, 2013, whose term would otherwise expire on June 30, 2015, shall continue to serve pursuant to G.S. 143B‑283(a1)(9), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(4) The member serving pursuant to G.S. 143B‑283(a)(8) on January 1, 2013, shall continue to serve pursuant to G.S. 143B‑283(a1)(7), as enacted by Section 2.3(a) of this act, until June 30, 2015.
(b) Members of the Commission whose qualifications are described by subdivisions (3), (5), (7), (8), (9), (11), (13), and (15) of G.S. 143B‑283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of two years and subsequent appointments shall be for four-year terms thereafter. Members of the Commission whose qualifications are described by subdivisions (1), (2), (4), (6), (10), (12), and (14) of G.S. 143B‑283(a1), as enacted by Section 2.3(a) of this act, shall be appointed for an initial term of four years, and subsequent appointments shall be for four‑year terms thereafter. Initial terms shall expire on June 30 of the year of expiration.
(c) Members of the Commission appointed to any other State board or commission as a representative of the Commission shall no longer serve as a member of those boards or commissions after this section becomes law, and a new Commission representative shall be appointed as provided by law.
Industrial commission
SECTION 2.4.(a) Effective April 15, 2013, G.S. 97‑77 reads as rewritten:
"§ 97‑77.
North Carolina Industrial Commission created; members appointed by Governor;
terms of office; chairman.chair.
(a) There is hereby created a commission to be known
as the North Carolina Industrial Commission, consisting of six commissioners
who shall devote their entire time to the duties of the Commission. The
Governor shall appoint the members of the Commission for terms of sixfour
years. The terms shall be staggered. Only persons licensed to practice
law in North Carolina are eligible for membership on the Commission. At least
two commissioners shall be Board Certified in workers' compensation law. Three
commissioners shall be persons who, on account of their previous vocations,
employment or affiliations, can be classed as representatives of employers.
Three commissioners shall be persons who, on account of their previous
vocations, employment or affiliations, can be classed as representatives of
employees. No person may serve more than two terms on the Commission, including
any term served prior to the effective date of this section. In calculating the
number of terms served, a partial term that is less than three years in length
shall not be included.
(a1) Appointments of commissioners are subject to confirmation by the General Assembly by joint resolution. The names of commissioners to be appointed by the Governor shall be submitted by the Governor to the General Assembly for confirmation by the General Assembly on or before March 1 of the year of expiration of the term. If the Governor fails to timely submit nominations, the General Assembly shall appoint to fill the succeeding term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120‑121 not inconsistent with this section.
In case of death, incapacity, resignation, or any other vacancy in the office of any commissioner prior to the expiration of the term of office, a nomination to fill the vacancy for the remainder of the unexpired term shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. If the Governor fails to timely nominate a person to fill the vacancy, the General Assembly shall appoint a person to fill the remainder of the unexpired term upon the joint recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives in accordance with G.S. 120‑121 not inconsistent with this section. If a vacancy arises or exists pursuant to this subsection when the General Assembly is not in session, and the appointment is deemed urgent by the Governor, the commissioner may be appointed and serve on an interim basis pending confirmation by the General Assembly. For the purpose of this subsection, the General Assembly is not in session only (i) prior to convening of the Regular Session, (ii) during any adjournment of the Regular Session for more than 10 days, and (iii) after sine die adjournment of the Regular Session.
No person while in office as a commissioner may be nominated or appointed on an interim basis to fill the remainder of an unexpired term, or to a full term that commences prior to the expiration of the term that the commissioner is serving.
(b) One member, to be designated by the Governor,
shall act as chairman. chair. The chairman chair shall
be the chief judicial officer and the chief executive officer of the Industrial
Commission; such authority shall be exercised pursuant to the provisions of
Chapter 126 of the General Statutes and the rules and policies of the State
Personnel Commission. Notwithstanding the provisions of this Chapter, the chairman
chair shall have such authority as is necessary to direct and
oversee the Commission. The chairman chair may delegate any
duties and responsibilities as may be necessary to ensure the proper management
of the Industrial Commission. Notwithstanding the provisions of this Chapter,
Chapter 143A, and Chapter 143B of the General Statutes, the chairman chair
may hire or fire personnel and transfer personnel within the Industrial
Commission.
The Governor may designate one vice‑chairman vice‑chair
from the remaining commissioners. The vice‑chairman vice‑chair
shall assume the powers of the chairman chair upon request of
the chairman chair or when the chairman chair is
absent for 24 hours or more. The authority delegated to the vice‑chairman
vice‑chair shall be relinquished immediately upon the return
of the chairman chair or at the request of the chairman.chair.
(c) The Commission shall adopt, by majority vote, bylaws to govern the conduct of its business. A quorum of the Commission consists of a simple majority of the membership."
SECTION 2.4.(b) The terms of members serving on the Industrial Commission on January 1, 2013, shall terminate as follows:
(1) The term of the member whose term is set to expire on April 30, 2013, will expire on April 30, 2013.
(2) The term of the member whose term is set to expire on June 30, 2014, will expire on June 30, 2014.
(3) The term of the member whose term is set to expire on April 30, 2015, will expire on April 30, 2013.
(4) The term of the member whose term is set to expire on June 30, 2016, will expire on June 30, 2014.
(5) The term of the member whose term is set to expire on April 30, 2017, will expire on April 30, 2015.
(6) The term of the member whose term is set to expire on June 30, 2018, will expire on June 30, 2016.";
SECTION 2.4.(c) Effective April 15, 2013, Section 22 of S.L. 2011‑287 is repealed.
UTILITIES COMMISSION
SECTION 2.5.(a) G.S. 62‑10 reads as rewritten:
"§ 62‑10.
Number; appointment; terms; qualifications; chairman; chair; vacancies;
compensation; other employment prohibited.
(a) The North Carolina Utilities Commission shall
consist of seven commissioners who shall be appointed by the Governor subject
to confirmation by the General Assembly by joint resolution. The names of
commissioners to be appointed by the Governor shall be submitted by the
Governor to the General Assembly for confirmation by the General Assembly on or
before May 1, of the year in which the terms for which the appointments are to
be made are to expire. Upon failure of the Governor to submit names as herein
provided, the Lieutenant Governor and Speaker of the House jointly shall submit
the names of a like number of commissioners to the General Assembly on or
before May 15 of the same year for confirmation by the General Assembly.
Regardless of the way in which names of commissioners are submitted,
confirmation of commissioners must be accomplished prior to adjournment of the
then current session of the General Assembly.This subsection shall be
subject to the provisions of subsection (c) of this section. In
appointing members to the Commission, the Governor shall appoint persons with
at least five years of progressively responsible experience and a demonstrated
competency in any one or more of the following areas:
(1) Utility law and regulation.
(2) Economics.
(3) Finance.
(4) Accounting.
(5) Business administration.
(6) Engineering.
(7) Renewable energy.
(a1) Members of the Commission are covered persons for the purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As covered persons, members of the Commission shall comply with the applicable requirements of the State Government Ethics Act, including mandatory training, the public disclosure of economic interests, and ethical standards for covered persons. Members of the Commission shall comply with the provisions of the State Government Ethics Act to avoid conflicts of interest.
Members of the Commission shall not be an office holder of any political party and shall not serve as a delegate to a political convention of any political party.
(b) The terms of the commissioners now serving
shall expire at the conclusion of the term for which they were appointed which
shall remain as before with two regular eight‑year terms expiring on July
1 of each fourth year after July 1, 1965, and the fifth term expiring on July 1
of each eighth year after July 1, 1963. The terms of office of utilities
commissioners thereafter shall be six years commencing on July 1 of the
year in which the predecessor terms expired, and ending on July 1 June
30 of the sixth year thereafter.
(c) In order to increase the number of
commissioners to seven, the names of two additional commissioners shall be
submitted to the General Assembly on or before May 27, 1975, for confirmation
by the General Assembly as provided in G.S. 62‑10(a). The
commissioners so appointed and confirmed shall serve new terms commencing on
July 1, 1975, one of which shall be for a period of two years (with the
immediate successor serving for a period of six years), and one of which shall
be for a period of two years.
Thereafter, the terms of office of the additional
commissioners shall be for six years as provided in G.S. 62‑10(b).
(d) A commissioner in office shall continue to serve until his successor is duly confirmed and qualified but such holdover shall not affect the expiration date of such succeeding term.
(e) On July 1, 1965, and everyEvery four
years thereafter, one of the commissioners shall be designated by the
Governor to serve as chairman of the Commission for the succeeding four years
and until his successor is duly confirmed and qualifies.designated.
Upon death death, end of term, or resignation of the commissioner
appointed designated as chairman, the Governor shall designate
the chairman from the remaining commissioners and appoint a successor as
hereinafter provided to fill the vacancy on the Commission.commissioners.
(f) In case of death, incapacity, resignation or vacancy for any other reason in the office of any commissioner prior to the expiration of his term of office, the name of his successor shall be submitted by the Governor within four weeks after the vacancy arises to the General Assembly for confirmation by the General Assembly. Upon failure of the Governor to submit the name of the successor, the Lieutenant Governor and Speaker of the House jointly shall submit the name of a successor to the General Assembly within six weeks after the vacancy arises. Regardless of the way in which names of commissioners are submitted, confirmation of commissioners must be accomplished prior to the adjournment of the then current session of the General Assembly.
(g) If a vacancy in the office of any commissioner
arises or exists pursuant to either subsection (a) or (c) or (f) of this
section when the General Assembly is not in session, and the appointment is
deemed urgent by the Governor, the commissioner may be appointed and serve on
an interim basis pending confirmation by the General Assembly.
…."
SECTION 2.5.(b) G.S. 62‑10(a), as amended by subsection (a) of this section, reads as rewritten:
"(a) The North Carolina Utilities Commission shall
consist of seven five commissioners who shall be appointed by the
Governor subject to confirmation by the General Assembly by joint resolution.
The names of commissioners to be appointed by the Governor shall be submitted
by the Governor to the General Assembly for confirmation by the General
Assembly on or before May 1, of the year in which the terms for which the
appointments are to be made are to expire. Upon failure of the Governor to
submit names as herein provided, the Lieutenant Governor and Speaker of the
House jointly shall submit the names of a like number of commissioners to the
General Assembly on or before May 15 of the same year for confirmation by the
General Assembly. Regardless of the way in which names of commissioners are
submitted, confirmation of commissioners must be accomplished prior to
adjournment of the then current session of the General Assembly. In appointing
members to the Commission, the Governor shall appoint persons with at least
five years of progressively responsible experience and a demonstrated competency
in any one or more of the following areas:
(1) Utility law and regulation.
(2) Economics.
(3) Finance.
(4) Accounting.
(5) Business administration.
(6) Engineering.
(7) Renewable energy."
SECTION 2.5.(c) Reduce Terms and Number of Commissioners. – The terms held by commissioners serving on the Commission as of January 1, 2013, for terms of office that expire on June 30, 2017, shall instead expire June 30, 2015. The term of any appointee confirmed by the General Assembly to fill the unexpired term of the position on the Commission vacant as of January 1, 2013, shall expire on June 30, 2015, instead of June 30, 2017. To reduce the number of Commissioners as provided in subsection (b) of this section, two of the positions that are vacant as of July 1, 2015, are eliminated as of July 1, 2015.
SECTION 2.5.(d) Appointments by the Governor. – By May 1, 2013, the Governor shall submit two names of appointees subject to confirmation by the General Assembly for positions on the Commission for terms that shall begin on July 1, 2013, and expire on June 30, 2017. Appointees submitted by the Governor for these positions shall conform to all of the requirements of G.S. 62‑10, including the requirements enacted by section 2.5(a) of this Act.
SECTION 2.5.(e) Subsection (a) of this section becomes effective July 1, 2013. Subsection (b) of this section becomes effective July 1, 2015. The remainder of this section is effective when it becomes law.
Wildlife resources commission
SECTION 2.6.(a) Effective July 1, 2013, G.S. 143‑241 reads as rewritten:
"§ 143‑241. Appointment and terms of office of Commission members; filling of vacancies.
The members of the North Carolina Wildlife Resources Commission shall be appointed as follows:
The Governor shall appoint one member each from the first,
fourth, and seventh wildlife districts to serve six‑year terms;four‑year
terms.
The Governor shall appoint one member each from the second,
fifth, and eighth wildlife districts to serve two‑year terms;four‑year
terms.
The Governor shall appoint one member each from the third,
sixth, and ninth wildlife districts to serve four‑year terms;terms.
The Governor shall also appoint two at‑large members to serve four‑year terms.
The General Assembly shall appoint eight members of the
Commission to serve two‑year terms, four upon the recommendation of the
Speaker of the House, four upon the recommendation of the President Pro Tempore
of the Senate, in accordance with G.S. 120‑121. Of the members
appointed upon the recommendation of the Speaker of the House and upon the
recommendation of the President Pro Tempore of the Senate, at least one of each
shall be a member of the political party to which the largest minority of the
members of the General Assembly belongs.
The terms of all appointed members serving on the
Commission as of January 1, 2013, shall terminate on June 30, 2013. The members
initially appointed by the Governor from even‑numbered districts shall be
appointed for two‑year terms, and those from odd‑numbered districts
shall be initially appointed to four‑year terms. Thereafter as the
terms of the office of the members of the Commission appointed by the Governor
from the several wildlife districts expire, their successors shall be appointed
for terms of six four years each. As the terms of office of the
members of the Commission appointed by the General Assembly expire, their
successors shall be appointed for terms of two years each. All members
appointed by the Governor serve at the pleasure of the Governor that appointed
them and they may be removed by that Governor at any time. A successor to the
appointing Governor may remove a Commission member only for cause as provided
in G.S. 143B‑13. Members appointed by the General Assembly serve at
the pleasure of that body and may be removed by law at any time. In the event
that a Commission member is removed, the member appointed to replace the
removed member shall serve only for the unexpired term of the removed member."
SECTION 2.6.(b) G.S. 143‑243 reads as rewritten:
"§ 143‑243. Organization of the Commission; election of officers; Robert's Rules of Order.
The Commission shall hold at least two meetings annually, one
in January and one in July, and sevena majority of the members of
the Commission shall constitute a quorum for the transaction of business.
Additional meetings may be held at such other times within the State as may be
deemed necessary for the efficient transaction of the business of the
Commission. The Commission may hold additional or special meetings at any time
at the call of the chairman or on call of any five members of the Commission.
The Commission shall determine its own organization and methods of procedure in
accordance with the provisions of this Article, and shall have an official
seal, which shall be judicially noticed.
At the first scheduled meeting of the Commission after July 1, 1977, and on July 1 of each odd‑numbered year thereafter, the Commission shall select from among its membership a chairman and a vice‑chairman who shall serve for terms of two years or until their successors are elected and qualified. The Secretary of Environment and Natural Resources or his designee shall serve as secretary of the Commission.
The chairman shall guide and coordinate the official actions and official activities of the Commission in fulfilling its program responsibility for (i) the appointment and separation of the executive director of the Commission, (ii) organizing the personnel of the Commission, (iii) setting the statewide policy of the Commission, (iv) budgeting and planning the use of the Wildlife and Motorboat Funds, subject to the approval of the General Assembly, (v) holding public hearings, and (vi) adopting rules as authorized by law. The chairman shall report to and advise the Governor on the official actions and work of the Commission and on all wildlife conservation and boating safety matters that affect the interest of the people of the State.
Meetings of the Commission shall be conducted pursuant to Robert's Rules of Order."
NORTH CAROLINA TURNPIKE AUTHORITY
SECTION 2.7. G.S. 136‑89.182 reads as rewritten:
"§ 136‑89.182. North Carolina Turnpike Authority.
(a) Creation. – There is created a body politic and corporate to be known as the "North Carolina Turnpike Authority". The Authority is constituted as a public agency, and the exercise by the Authority of the powers conferred by this Article in the construction, operation, and maintenance of toll roads and bridges shall be deemed and held to be the performance of an essential governmental function.
(b) Administrative Placement. – The Authority shall be located within the Department of Transportation and shall be subject to and under the direct supervision of the Secretary of Transportation.
(c) Authority Board. – The Board of Transportation
is ex officio the Authority Board of the North Carolina Turnpike Authority.The
North Carolina Turnpike Authority shall be governed by a nine‑member
Authority Board consisting of two members appointed by the General Assembly
upon the recommendation of the President Pro Tempore of the Senate in
accordance with G.S. 120‑121, two members appointed by the General
Assembly upon the recommendation of the Speaker of the House of Representatives
in accordance with G.S. 120‑121, four members appointed by the
Governor, and the Secretary of Transportation. Each appointing authority shall
appoint members who reside in diverse regions of the State. The Chair of the
Authority shall be selected by the Authority Board.
(d) Board of Transportation Members. – Members of the North Carolina Board of Transportation may serve as members of the Authority Board.
(e) Staggered Terms. – One of the initial
appointments to the Authority Board by the General Assembly upon the
recommendation of the President Pro Tempore of the Senate, one of the initial
appointments to the Authority Board by the General Assembly upon the
recommendation of the Speaker of the House of Representatives, and three of the
initial appointments of the Governor shall be appointed to terms ending January
14, 2007. One of the initial appointments to the Authority Board by the General
Assembly upon the recommendation of the President Pro Tempore of the Senate,
one of the initial appointments to the Authority Board by the General Assembly
upon the recommendation of the Speaker of the House of Representatives, and one
of the initial appointments of the Governor shall be appointed to terms ending
January 14, 2005. The Secretary of Transportation shall serve as an ex officio
voting member of the Board. Thereafter, at the expiration of each stipulated term
of office, all appointments shall be to a term of four years from the date of
the expiration of the term.
(f) Vacancies. – All members of the
Authority Board shall remain in office until their successors are appointed and
qualified. The original appointing authority may appoint a member to serve out
the unexpired term of any member.
(g) Removal of Board Members. – Each member
of the Authority Board, notwithstanding subsection (e) of this section, shall
serve at the pleasure of the appointing authority. The Chair of the Authority
serves at the pleasure of the Authority Board.
(h) Conflicts of Interest, Ethics. – Members
of the Authority Board shall be subject to the provisions of G.S. 136‑13,
136‑13.1, and 136‑14.
(i) Compensation. – The appointed members of the Authority
Board shall receive no salary for their services but shall be entitled to
receive per diem and travel allowances in accordance with the provisions of G.S. 138‑5
and G.S. 138‑6 as appropriate.
(j) Bylaws. – The Authority Board shall adopt, change, or amend bylaws with respect to the calling of meetings, quorums, voting procedures, the keeping of records, and other organizational, staffing, and administrative matters as the Authority Board may determine. Any bylaws, or subsequent changes or amendments to the bylaws, shall be included in the Annual Report as required by G.S. 136‑89.193.
(k) Executive Director and Administrative Employees. –
The Authority Board shallappoint an Executive Director, whose salary shall
be fixed by the Authority, to serve at its pleasure.The Secretary of Transportation,
or the Secretary's designee, The Executive Director shall be the
Authority's chief administrative officer and shall be responsible for the daily
administration of the toll roads and bridges constructed, maintained, or
operated pursuant to this Article. The Secretary or the Secretary's designee
The Executive Director or his designee shall appoint, employ,
dismiss, and, within the limits approved by the Authority Board, fix the
compensation of administrative employees as the Executive Director deems
necessary to carry out this Article.
(l) Office. – The offices of the Authority may be housed in one or more facilities of the Department of Transportation."
State board of elections
SECTION 2.9.(a) G.S. 163‑19 reads as rewritten:
"§ 163‑19. State Board of Elections; appointment; term of office; vacancies; oath of office.
All of the terms of office of the present members of the
State Board of Elections shall expire on May 1, 1969, or when their successors in
office are appointed and qualified.
(a) The State Board of Elections shall consist of five registered voters whose terms of office shall begin on May 1, 1969, and shall continue for four years, and until their successors are appointed and qualified. The Governor shall appoint the members of this Board and likewise shall appoint their successors every four years at the expiration of each four‑year term. No person may serve more than three four‑year terms, and the term of any person currently serving on this Board who has served more than three four‑year terms shall terminate on the effective date of this sentence.
(b) Not more than three members of the Board shall be members of the same political party. The Governor shall appoint the members from a list of nominees submitted to him by the State party chairman of each of the two political parties having the highest number of registered affiliates as reflected by the latest registration statistics published by the State Board of Elections. Each party chairman shall submit a list of five nominees who are affiliated with that political party.
(c) Any vacancy occurring in the Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from a list of three nominees submitted to him by the State party chairman of the political party that nominated the vacating member as provided by the preceding paragraph. The three nominees must be affiliated with that political party.
(c1) Notwithstanding subsection (c) of this section, if (i) a vacancy occurs in the State Board of Elections during the period beginning when a Governor takes office after election and ending April 30 of that year, (ii) the Governor is a member of a different political party than the preceding Governor, and (iii) the vacating member is not a member of the same political party as the new Governor, then the first such vacancy occurring in the Board shall be filled by the Governor, and the person so appointed shall fill the unexpired term. The Governor shall fill the vacancy from among lists of three nominees submitted by the State party chair of each of the political parties with registered voters, as reflected by the latest registration statistics published by the State Board of Elections. Nominees of a party chair must be affiliated with that party. Failure by a party chair to submit such a list within five days of request by the Governor constitutes a waiver of the requirement that the party submit a list.
(d) At the first meeting held after new appointments are made, the members of the State Board of Elections shall take the following oath:
"I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; that I will endeavor to support, maintain and defend the Constitution of said State, and that I will well and truly execute the duties of the office of member of the State Board of Elections according to the best of my knowledge and ability, according to law, so help me, God."
After taking the prescribed oath, the Board shall organize by electing one of its members chairman and another secretary.
(e) No person shall be eligible to serve as a member of the State Board of Elections who holds any elective or appointive office under the government of the United States, or of the State of North Carolina or any political subdivision thereof. No person who holds any office in a political party, or organization, or who is a candidate for nomination or election to any office, or who is a campaign manager or treasurer of any candidate in a primary or election shall be eligible to serve as a member of the State Board of Elections."
SECTION 2.9.(b) This section is effective when this act becomes law.
State board of education
SECTION 2.11. G.S. 115C‑11(a) and (h) read as rewritten:
"§ 115C‑11. Organization and internal procedures of Board.
(a) Presiding Officer. – The Governor shall appoint
a chairman from among the membership of the State Board of Education. The
chairman shall serve in that role at the pleasure of the Governor. The
State Board of Education shall elect from its membership a chairman and vice‑chairman.
A majority of the Board shall constitute a quorum for the transaction of
business. Per diem and expenses of the appointive members of the Board shall be
provided by the General Assembly. The chairman of the Board shall preside at
all meetings of the Board. In the absence of the chairman, the vice‑chairman
shall preside; in the absence of both the chairman and the vice‑chairman,
the Board shall name one of its own members as chairman pro tempore.
…
(h) Rules and Regulations. – The Board shall adopt
reasonable rules and regulations not inconsistent herewith, to govern its
proceedings which the Board may amend from time to time, which rules and
regulations shall become effective when filed as provided by law: Provided,
however, a motion to suspend the rules so adopted shall require a consent of
two‑thirds of the members. The rules and regulations shall include, but
not be limited to, clearly defined procedures for electing the officers vice‑chairman
and chairman pro tempore of the State Board referred to in G.S. 115C‑11(a),
fixing the term of said officers, the vice‑chairman, specifying
how the voting shall be carried out, and establishing a date when the first
election shall be held."
North Carolina State Lottery Commission
SECTION 2.12.(a) G.S. 18C‑111 reads as rewritten:
"§ 18C‑111. Commission membership; appointment; selection of chair; vacancies; removal; meetings; compensation.
(a) The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and two of whom shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. Commissioners may be removed by the appointing authority for cause. The Governor shall select the chair of the Commission from among its membership, who shall serve at the pleasure of the Governor.
(b) The terms of all members serving on the
Commission as of January 1, 2013, shall terminate on the effective date of this
section. No later than July 1, 2013, Of the initial appointees of the
Governor,the Governor shall appoint five members to serve terms of two
years. three members shall serve a term of one year, one member shall serve
a term of two years, and one member shall serve a term of three years. Of the
initial appointees of theNo later than July 1, 2013, the General AssemblyAssembly,
upon the recommendation of the President Pro Tempore of the Senate, one
member shall serve a term of two years, and one member shall serve a term of
three years. shall appoint two members to serve terms of two years. Of
the initial appointees of No later than July 1, 2013, the General
Assembly upon the recommendation of the Speaker of the House of
Representatives, one member shall serve a term of two years, and one member
serve a term of three years. shall appoint two members to serve terms of
two years. Initial terms shall expire on June 30 of the year of expiration. All
succeeding appointments shall be for terms of five two years.
Members shall not serve for more than two successive terms.
(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the term in which they occur.
(d) The Commission shall meet at least quarterly upon the call of the chair. A majority of the total membership of the Commission shall constitute a quorum.
(e) Members of the Commission shall receive per diem, subsistence, and travel as provided in G.S. 138‑5 and G.S. 138‑6."
SECTION 2.12.(b) This section is effective when this act becomes law.
Charter School Advisory Committee
SECTION 2.13.(a) G.S. 115C‑238.29I(d) is repealed.
SECTION 2.13.(b) The North Carolina Charter School Advisory Council, as established by the State Board of Education on August 4, 2011, by Policy TCS‑B‑006, is abolished.
SECTION 2.13.(c) This section is effective when this act becomes law.
BOARD OF TRANSPORTATION
SECTION 2.14.(a) G.S. 143B‑350(b)(1) reads as rewritten:
"(1) Number, appointment. – The Board of
Transportation shall have 1921 voting members. Fourteen of the
members shall be division members appointed by the Governor. Five shall be at‑large
members appointed by the Governor. One shall be an at‑large member
appointed by the General Assembly upon recommendation of the President Pro
Tempore of the Senate, and one shall be an at‑large member appointed by
the General Assembly upon recommendation of the Speaker of the House of
Representatives. At least three members of the Board appointed by the
Governor shall be registered voters of a political party other than the
political party of the Governor. The Secretary of Transportation shall serve as
an ex officio nonvoting member of the Board. No more than two members of the Board
may reside in the same highway division."
SECTION 2.14.(b) G.S. 143B‑350(c) reads as rewritten:
"(c) Staggered Terms. – The terms of all
Board members serving on the Board prior to January 15, 2001, shall expire on
January 14, 2001. A new board of 19 members shall be appointed with terms
beginning on January 15, 2001. The Board shall serve the following
terms: division members representing divisions 1, 3, 5, 7, 9, 11, and 13 and
the three at‑large members filling the positions designated in sub‑subdivisions
(b)(3)a., b., and e. of this section shall serve four‑year terms
beginning on January 15, 2001, and four‑year terms thereafter; and
division members representing divisions 2, 4, 6, 8, 10, 12, and 14 and the two
at‑large members filling the positions designated in sub‑subdivisions
(b)(3)c. and d. of this section shall serve two‑year terms beginning
January 15, 2001, and four‑year terms thereafter. The terms of
members shall be for four years beginning January 15, 2013, and quadrennially
thereafter, except that the terms of at‑large members appointed by the
General Assembly shall be for two years beginning on January 15, 2013, and
biennially thereafter."
SECTION 2.14.(c) The terms of the nine members of the Board of Transportation previously appointed for terms expiring January 14, 2015, expire upon appointment of their replacements as provided in this section. The Governor shall designate for each of the nine new appointments which member is being replaced.
Dietetics/nutrition board
SECTION 2.15.(a) G.S. 90‑353 reads as rewritten:
"§ 90‑353. Creation of Board.
(a) The North Carolina Board of Dietetics/Nutrition is
created. The Board shall consist of seven five members as
follows:
(1) One member shall be a professional whose primary practice is clinical dietetics/nutrition;
(2) One member shall be a professional whose primary
practice is community or public health dietetics/nutrition;dietetics/nutrition,
or an educator on the faculty of a college or university specializing in the
field of dietetics/nutrition;
(3) One member shall be a professional whose
primary practice is consulting in dietetics/nutrition;
(4)(3) One member shall be a professional
whose primary practice is in management of nutritional services;
(5) One member shall be an educator on the
faculty of a college or university specializing in the field of
dietetics/nutrition;
(6)(4) Two members shall represent the public
at large.
(b) Professional members of the Board shall:
(1) Be citizens of the United States and residents of this State;
(2) Have practiced in the field of dietetics/nutrition for at least five years; and
(3) Be licensed under this Article, except that
initial appointees shall be licensed under this Article no later than March 31,
1992.Article.
(c) The members of the Board appointed from the public at large shall be citizens of the United States and residents of this State and shall not be any of the following:
(1) A dietician/nutritionist.
(2) An agent or employee of a person engaged in the profession of dietetics/nutrition.
(3) A licensed health care professional or enrolled in a program to become prepared to be a licensed health care professional.
(4) An agent or employee of a health care institution, a health care insurer, or a health care professional school.
(5) A member of any allied health profession or enrolled in a program to become prepared to be a member of an allied health profession.
(6) The spouse of an individual who may not serve as a public member of the Board."
SECTION 2.15.(b) G.S. 90‑354(a) reads as rewritten:
"(a) The members of the Board shall be appointed as follows:
(1) The Governor shall appoint the three professional
member members described in G.S. 90‑353(a)(5) and
the two public members described in G.S. 90‑353(a)(6);G.S. 90‑353(a);
(2) The General Assembly upon the recommendation of the
Speaker of the House of Representatives shall appoint the professional
members one member representing the public described in G.S. 90‑353(a)(1)
and G.S. 90‑353(a)(2)in accordance with G.S. 120‑121,
one of whom shall be a nutritionist with a masters or higher degree in a
nutrition‑related discipline; G.S. 120‑121; and
(3) The General Assembly upon the recommendation of the
President Pro Tempore of the Senate shall appoint one member representing
the public the professional members described in G.S. 90‑353(a)(3)
and G.S. 90‑353(a)(4) in accordance with G.S. 120‑121,
one of whom shall be a nutritionist with a masters or higher degree in a
nutrition‑related discipline.G.S. 120‑121.
(b) The terms of all members of the Board serving on January 1, 2013, shall expire March 31, 2013. Members of the Board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified."
POST‑RELEASE SUPERVISION AND PAROLE COMMISSION
SECTION 2.16.(a) G.S. 143B‑721 reads as rewritten:
"§ 143B‑721. Post‑Release Supervision and Parole Commission – members; selection; removal; chairman; compensation; quorum; services.
(a) Effective August 1, 2005,February 1,
2013, the Post‑Release Supervision and Parole Commission shall
consist of one full‑time member and two half‑time four
full‑time members. The three four members shall be
appointed by the Governor from persons whose recognized ability, training,
experience, and character qualify them for service on the Commission. The
terms of office of any members serving on the Commission on June 30, 2005,
shall expire on that date. The terms of office of persons appointed by the
Governor as members of the Commission shall be for four years or until their
successors are appointed and qualify. Any appointment to fill a vacancy on the
Commission created by the resignation, removal, death or disability of a member
shall be for the balance of the unexpired term only.
(a1) Effective August 1, 2012, both half‑time
commissioners shall begin serving as full‑time members of the Commission,
and the Post‑Release Supervision and Parole Commission shall consist of
three full‑time members.
(a2) Effective February 1, 2013, an additional
member shall be appointed by the consist of four full‑time
members.
(b) All members of the Post‑Release Supervision and Parole Commission appointed by the Governor shall possess the recognized ability, training, experience, and character to qualify each person to serve ably on the Commission.
(c) The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B‑13. The Governor shall designate a member of the Commission to serve as chair of the Commission at the pleasure of the Governor.
(d) The granting, denying, revoking, or rescinding of parole, the authorization of work‑release privileges to a prisoner, or any other matters of business coming before the Commission for consideration and action shall be decided by majority vote of the full Commission.
(e) The members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑6. Notwithstanding any other provision of law, the half‑time members of the Commission shall not be subject to the provisions of G.S. 135‑3(8)(c).
(f) All clerical and other services required by the Commission shall be supplied by the Secretary of the Department of Public Safety."
SECTION 2.16.(b) The term of office of any member serving on the Post‑Release Supervision and Parole Commission on January 1, 2013, shall expire on the effective date of this section. The Governor shall appoint new members in accordance with G.S. 143B‑721(a) as amended by this act and shall designate for each of the three new appointments which member is being replaced. The initial term of the members appointed under this section shall expire on June 30, 2017.
SECTION 2.16.(c) This section becomes effective when it becomes law.
MINING AND ENERGY COMMISSION
SECTION 2.17. G.S. 143B‑293.2 is amended by adding a new subsection to read:
"(a1) Office May Be Held Concurrently With Others. – Membership on the Mining and Energy Commission is hereby declared to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of offices permitted to be held by one person under G.S. 128‑1.1."
OFFICE OF ADMINISTRATIVE HEARINGS
SECTION 2.18.(a) G.S. 7A‑753 reads as rewritten:
"§ 7A‑753. Additional administrative law judges; appointment; specialization.
The Chief Administrative Law Judge shall appoint additional administrative law judges to serve in the Office of Administrative Hearings in such numbers as the General Assembly provides. Each administrative law judge appointed under this section shall serve a term of four years. No person shall be appointed or designated an administrative law judge except as provided in this Article.
The Chief Administrative Law Judge may designate certain administrative law judges as having the experience and expertise to preside at specific types of contested cases and assign only these designated administrative law judges to preside at those cases."
SECTION 2.18.(b) G.S. 7A‑760(a) reads as rewritten:
"(a) The number of administrative law judges and employees of the Office of Administrative Hearings shall be established by the General Assembly. The Chief Administrative Law Judge is exempt from provisions of the State Personnel Act as provided by G.S. 126‑5(c1)(26). Administrative law judges appointed in accordance with G.S. 7A‑753 are exempt from the provisions of the State Personnel Act. All other employees of the Office of Administrative Hearings are subject to the State Personnel Act."
SECTION 2.18.(c) This section is effective when it becomes law and applies to any administrative law judge serving on or after the effective date of this act.
STATE PERSONNEL COMMISSION
SECTION 2.19.(a) G.S. 126‑2(b) reads as rewritten:
"§ 126‑2. State Personnel Commission.
(a) There is hereby established the State Personnel Commission (hereinafter referred to as "the Commission").
(b) The Commission shall consist of nine
members, appointed as follows:
(1) Two members shall be attorneys licensed
to practice law in North Carolina appointed by the General Assembly, one of
whom shall be appointed upon the recommendation of the Speaker of the House of
Representatives, and one of whom shall be appointed upon the recommendation of
the President Pro Tempore of the Senate.
The initial two attorney members
appointed under this subdivision shall serve terms expiring June 30, 2004; the
terms of subsequent appointees shall be six years.
(2) Two persons from private business or
industry appointed by the Governor, both of whom shall have a working knowledge
of, or practical experience in, human resources management. The initial members
appointed under this subdivision shall serve terms expiring June 30, 2003; the
terms of subsequent appointees shall be six years.
(3) Two State employees subject to the State
Personnel Act serving in nonexempt positions, appointed by the Governor,
including one of whom is a veteran of the Armed Forces of the United States
appointed upon the nomination of the Veterans' Affairs Commission. One employee
shall serve in a State government position having supervisory duties, and one
employee shall serve in a nonsupervisory position. Neither employee may be a
human resources professional. The Governor shall consider nominations submitted
by the State Employees Association of North Carolina. The initial members
appointed under this subdivision shall serve terms expiring June 30, 2001; the
terms of subsequent appointees shall be six years.
(4) Two local government employees subject to
the State Personnel Act appointed by the Governor upon recommendation of the
North Carolina Association of County Commissioners, one a nonsupervisory local
employee and one a supervisory local employee. Neither local government
employee may be a human resources professional. The initial members appointed
under this subdivision shall serve terms expiring June 30, 2003; the terms of
subsequent appointees shall be for six years.
(5) One member of the public at large
appointed by the Governor. The initial member appointed under this subdivision
shall serve for a term expiring June 30, 2001; the terms of subsequent appointees
shall be for six years.
(b1) The Commission shall consist of nine members, appointed as follows:
(1) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall be an attorney licensed to practice law in North Carolina.
(2) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall be an attorney licensed to practice law in North Carolina.
(3) One member appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives who shall be from private business or industry and who shall have a working knowledge of, or practical experience in, human resources management.
(4) One member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who shall be from private business or industry and who shall have a working knowledge of, or practical experience in, human resources management.
(5) One member who is a veteran of the Armed Forces of the United States appointed by the Governor upon the nomination of the Veterans Affairs Commission and who is a State employee subject to this Chapter serving in a nonexempt supervisory position. The member may not be a human resources professional. The Governor shall consider nominations submitted by the State Employees Association of North Carolina.
(6) One member appointed by the Governor who is a State employee subject to this Chapter serving in a nonexempt nonsupervisory position. The member may not be a human resources professional. The Governor shall consider nominations submitted by the State Employees Association of North Carolina.
(7) One member appointed by the Governor upon the recommendation of the North Carolina Association of County Commissioners who is a local government employee subject to this Chapter serving in a supervisory position. The member may not be a human resources professional.
(8) One member appointed by the Governor upon the recommendation of the North Carolina Association of County Commissioners who is a local government employee subject to this Chapter serving in a nonsupervisory position. The member may not be a human resources professional.
(9) One member of the public at large appointed by the Governor.
(c) Each member of the Commission shall be appointed for a term of four years. Members of the Commission may serve no more than two consecutive terms. Appointments by the General Assembly shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. Vacancies in appointments made by the Governor occurring prior to the expiration of a term shall be filled by appointment for the unexpired term.
(d) No member of the Commission may serve on a case where there would be a conflict of interest. The appointing authority may at any time remove any Commission member for cause.
(e) Members of the Commission who are State or local
government employees subject to the State Personnel Actthis Chapter
shall be entitled to administrative leave without loss of pay for all periods
of time required to conduct the business of the Commission.
(f) Six members of the Commission shall constitute a quorum.
(g) The Governor shall designate one member of the Commission as chair.
(h) The Commission shall meet quarterly, and at other times at the call of the chair."
SECTION 2.19.(b) The terms of the two attorney members appointed under G.S. 126‑2(b)(1) serving on the Commission on January 1, 2013, shall expire on June 30, 2013. The terms of the persons from private business or industry appointed under G.S. 126‑2(b)(2), serving on the Commission on January 1, 2013, shall expire on June 30, 2014. The terms of the two State employees appointed under G.S. 126‑2(b)(3) serving on the Commission on January 1, 2013, shall expire on June 30, 2013. The terms of the two local government employees appointed under G.S. 126‑2(b)(4), serving on the Commission on January 1, 2013, shall expire on June 30, 2014. The term of the public at‑large member appointed under G.S. 126‑2(b)(5), serving on the Commission on January 1, 2013, shall expire June 30, 2013.
SECTION 2.19.(c) This section is effective when it becomes law.
NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION
SECTION 2.20. G.S. 17C‑3(a) reads as rewritten:
"(a) There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 31 members as follows:
(1) Police Chiefs. – Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2) Police Officers. – Three police officials appointed
by the North Carolina Police Executives Association and two one criminal
justice officers officer certified by the Commission as selected
by the North Carolina Law‑Enforcement Officers' Association.Association
of Chiefs of Police.
(3) Departments. – The Attorney General of the State of North Carolina; the Secretary of Public Safety; the President of the North Carolina Community Colleges System.
(3a) Repealed by Session Laws 2001‑490, s. 1.2, effective June 30, 2001.
(4) At‑large Groups. – One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law‑enforcement training officer selected by the North Carolina Law‑Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law‑enforcement officer selected by the North State Law‑Enforcement Officers' Association; one member selected by the North Carolina Law‑Enforcement Women's Association; one individual selected by the North Carolina Sheriff's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and Others. – The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall be for two‑year terms to conclude on June 30th in odd‑numbered years.
(6) Correctional Officers. – Four correctional officers in management positions employed by the Division of Adult Correction of the Department of Public Safety shall be appointed, two from the Section of Community Corrections of the Division of Adult Correction upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons of the Division of Adult Correction upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall serve two‑year terms to conclude on June 30th in odd‑numbered years. The Governor shall appoint one correctional officer employed by the Division of Adult Correction of the Department of Public Safety and assigned to the Office of Staff Development and Training. The Governor's appointment shall serve a three‑year term.
PART III. ISSUES RELATING TO INDEPENDENT OCCUPATIONAL LICENSING BOARDS
SECTION 3.1. Chapter 93B of the General Statutes is amended by adding a new section to read:
"§ 93B‑8.1. Use of criminal history records.
(a) The following definitions apply in this section:
(1) Applicant. – A person who makes application for licensure from an occupational licensing board.
(2) Board. – An occupational licensing board as defined in G.S. 93B‑1.
(3) Criminal history record. – A State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant's or a licensee's fitness to be licensed or disciplined.
(4) Licensee. – A person who has obtained a license to engage in or represent himself or herself to be a member of a particular profession or occupation.
(b) Unless the law governing a particular occupational licensing board provides otherwise, a board shall not automatically deny licensure on the basis of an applicant's criminal history. If the board is authorized to deny a license to an applicant on the basis of conviction of any crime or for commission of a crime involving fraud or moral turpitude, and the applicant's verified criminal history record reveals one or more convictions of any crime, the board may deny the license if it finds that denial is warranted after consideration of the following factors:
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The age of the person at the time of the crime.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee.
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(7) The subsequent commission of a crime by the applicant.
(c) The board may deny licensure to an applicant who refuses to consent to a criminal history record check or use of fingerprints or other identifying information required by the State or National Repositories of Criminal Histories."
SECTION 3.2. The Joint Legislative Program Evaluation Oversight Committee shall include in the 2013‑2014 Work Plan for the Program Evaluation Division of the General Assembly a study to evaluate the structure, organization, and operation of the various independent occupational licensing boards. For purposes of this act, the term "occupational licensing board" has the same meaning as defined in G.S. 93B‑1. The Program Evaluation Division shall include the following within this study:
(1) Consideration of the feasibility of establishing a single State agency to oversee the administration of all or some of the occupational licensing boards.
(2) Whether greater efficiency and cost‑effectiveness can be realized by combining the administrative functions of the boards, while allowing the boards to continue performing the regulatory functions.
(3) Whether the total number of boards should be reduced by combining and/or eliminating some boards.
SECTION 3.3. The Program Evaluation Division shall submit its findings and recommendations from Section 3.2 of this act to the Joint Legislative Program Evaluation Oversight Committee and the Joint Legislative Administrative Procedure Oversight Committee at a date to be determined by the Joint Legislative Program Evaluation Oversight Committee.
Part IV. Effective Date
SECTION 4.1. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 4.2. Unless otherwise provided, this act is effective when it becomes law. If the terms of office eliminated in this act have not been set out, then the appointing authorities shall determine by July 1, 2013, which terms to eliminate to achieve the membership totals pursuant to this act. After determining which terms to eliminate, the appointing authority shall notify in writing all the persons and entities required to receive notification pursuant to G.S. 143‑47.7.
