Bill Text: NC S593 | 2011-2012 | Regular Session | Amended
Bill Title: Government Reduction Act
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-23 - Ch. SL 2011-266 [S593 Detail]
Download: North_Carolina-2011-S593-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 4
SENATE BILL 593
Program Evaluation
Committee Substitute Adopted 6/7/11
Third Edition Engrossed 6/9/11
House Committee Substitute Favorable 6/17/11
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Short Title: Government Reduction Act. |
(Public) |
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Sponsors: |
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Referred to: |
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April 14, 2011
A BILL TO BE ENTITLED
AN ACT reducing state government by abolishing certain state boards, commissions, and committees.
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
ADVISORY COMMITTEE ON ABANDONED CEMETERIES
SECTION 1.1. Part 26 of Chapter 143B of the General Statutes, G.S. 143B‑128, is repealed.
ADVISORY COUNCIL FOR THE PUBLIC CAMPAIGN FINANCING FUND
SECTION 1.2.(a) G.S. 163‑278.68 is repealed.
SECTION 1.2.(b) G.S. 163‑278.63(c) reads as rewritten:
"§ 163‑278.63. North Carolina Public Campaign Fund established; sources of funding.
…
(c) Determination of Fund Amount. – By October 1, 2003, and
every two years thereafter, the Board, in conjunction with the Advisory
Council for the Public Campaign Financing Fund,Board shall prepare
and provide to the Joint Legislative Commission on Governmental Operations of
the General Assembly a report documenting, evaluating, and making recommendations
relating to the administration, implementation, and enforcement of this
Article. In its report, the Board shall set out the funds received to date and
the expected needs of the Fund for the next election."
ANDREW JACKSON HISTORIC MEMORIAL COMMITTEE
SECTION 1.3. Part 28 of Article 2 of Chapter 143B of the General Statutes, G.S. 143B‑132, is repealed.
AQUACULTURE ADVISORY BOARD
SECTION 1.4. G.S. 106‑760 is repealed.
BUTNER LANDS COMMISSION
SECTION 1.5. G.S. 122C‑415 is repealed.
COORDINATION OF CHILDREN'S SERVICES STUDY COMMISSION
SECTION 1.6. Subsections (i) and (j) of Section 10.25 of S.L. 2005‑276 are repealed.
GOVERNOR'S ADVOCACY COUNCIL ON CHILDREN AND YOUTH
SECTION 1.7. Part 17 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑414 through G.S. 143B‑416, is repealed.
GOVERNOR'S BUSINESS COUNCIL ON THE ARTS AND HUMANITIES
SECTION 1.8. The Governor's Business Council on the Arts and Humanities is abolished.
INFORMATION TECHNOLOGY ADVISORY BOARD
SECTION 1.9.(a) G.S. 147‑33.72G is repealed.
SECTION 1.9.(b) G.S. 147‑33.72A(4) reads as rewritten:
"§ 147‑33.72A. Purpose.
The purposes of this Article are to:
…
(4) Create an Information Technology Advisory
Board.
…."
SECTION 1.9.(c) G.S. 147‑33.72H reads as rewritten:
"§ 147‑33.72H. Information Technology Fund.
There is established a special revenue fund to be known as
the Information Technology Fund, which may receive transfers or other credits
as authorized by the General Assembly. Money may be appropriated from the Information
Technology Fund to meet statewide requirements, including planning, project
management, security, electronic mail, State portal operations, and the
administration of systemwide procurement procedures. Expenditures involving
funds appropriated to the Office of Information Technology Services from the
Information Technology Fund shall be made by the State CIO in consultation
with the Information Technology Advisory Board.CIO. By October 1 of
each year, the State CIO shall submit to the Joint Legislative Oversight
Committee on Information Technology a report on all expenditures involving
funds appropriated to the Office of Information Technology Services from the
Information Technology Fund for the preceding fiscal year. Interest earnings on
the Information Technology Fund balance shall be credited to the Information
Technology Fund."
SECTION 1.9.(d) G.S. 147‑33.82(a)(3) reads as rewritten:
"§ 147‑33.82. Functions of the Office of Information Technology Services.
(a) In addition to any other functions required by this Article, the Office of Information Technology Services shall:
…
(3) Conduct an annual assessment of State agencies for
compliance with statewide policies for information technology and submit for
review of the Information Technology Advisory Board recommended statewide
policies for information technology.
…."
SECTION 1.9.(e) G.S. 147‑33.110 reads as rewritten:
"§ 147‑33.110. Statewide security standards.
The State Chief Information Officer shall establish a
statewide set of standards for information technology security to maximize the
functionality, security, and interoperability of the State's distributed
information technology assets, including communications and encryption
technologies. The State CIO shall review and revise the security standards
annually. As part of this function, the State Chief Information Officer shall
review periodically existing security standards and practices in place among
the various State agencies to determine whether those standards and practices
meet statewide security and encryption requirements. The State Chief
Information Officer may assume the direct responsibility of providing for the
information technology security of any State agency that fails to adhere to
security standards adopted under this Article. Any actions taken by the
State Chief Information Officer under this section shall be reported to the
Information Technology Advisory Board at its next scheduled meeting."
LEGISLATIVE INTERN PROGRAM COUNCIL
SECTION 1.10. G.S. 120‑56 is repealed.
NORTH CAROLINA CAPITAL PLANNING COMMISSION
SECTION 1.11.(a) Part 3 of Article 9 of Chapter 143B of the General Statutes, being G.S. 143B‑373 and G.S. 143B‑374, is repealed.
SECTION 1.11.(b) G.S. 140‑5.14(12) reads as rewritten:
"§ 140‑5.14. Board of Trustees – powers and duties.
The Board of Trustees shall be the governing body of the North Carolina Museum of Art and shall have the following powers and duties:
…
(12) To determine the sites for expansion of the North
Carolina Museum of Art with the approval of the Governor and Council of State
and the North Carolina State Capital Planning Commission;State;
…."
NORTH CAROLINA LOCAL GOVERNMENT ADVOCACY COUNCIL
SECTION 1.12. G.S. 143‑506.14 is repealed.
NORTH CAROLINA PUBLIC RADIO ADVISORY COMMITTEE – AGENCY ON PUBLIC TELECOMMUNICATIONS
SECTION 1.13.(a) G.S. 143B‑426.12 is repealed.
SECTION 1.13.(b) G.S. 143B‑426.9 reads as rewritten:
"§ 143B‑426.9. North Carolina Agency for Public Telecommunications – Creation; membership; appointments, terms and vacancies; officers; meetings and quorum; compensation.
The North Carolina Agency for Public Telecommunications is
created. It is governed by the Board of Public Telecommunications
Commissioners, composed of 27 26 members as follows:
(1) A Chairman appointed by, and serving at the pleasure of, the Governor;
(2) Ten at‑large members, appointed by the Governor from the general public;
(3) 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;
(4) 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;
(5) The Secretary of Administration, ex officio;
(6) The Chairman of the Board of Trustees of The University of North Carolina Center for Public Television (if and when established), ex officio;
(7) The Chairman of the State Board of Education, ex officio;
(8) The Chairman of the OPEN/net Committee, ex officio, so long as such person is not a State employee;
(9) The Chairman of the North Carolina Utilities Commission, ex officio;
(10) The Director of the Public Staff of the North Carolina Utilities Commission, ex officio;
(11) The Chairman of the Public Radio Advisory
Committee of the North Carolina Agency for Public Telecommunications, ex
officio;
(12) The Superintendent of Public Instruction, ex officio;
(13) The President of the University of North Carolina, ex officio;
(14) The President of the Community Colleges System, ex officio; and
(15) Two members ex officio who shall rotate from among the remaining heads of departments enumerated in G.S. 143A‑11 or G.S. 143B‑6, appointed by the Governor.
The 10 at‑large members shall serve for terms staggered as follows: four terms shall expire on June 30, 1980; and three terms shall expire on June 30, 1982; and three terms shall expire on June 30, 1984. Thereafter, the members at large shall be appointed for full four‑year terms and until their successors are appointed and qualified. In making appointments of members at large, the Governor shall seek to appoint persons from the various geographic areas of the State including both urban and rural areas; persons from various classifications as to sex, race, age, and handicapped persons; and persons who are representatives of the public broadcast, commercial broadcast, nonbroadcast distributive systems and private education communities of the State.
The terms of the ex officio members are coterminous with their respective terms of office. In the event that any of the offices represented on the Board ceases to exist, the successor officer to the designated member shall become an ex officio member of the Board; if there shall be no successor, then the position on the Board shall be filled by a member to be appointed by the Governor from the general public. The ex officio members shall have the right to vote.
The initial members appointed to the Board by the General Assembly shall serve for terms expiring June 30, 1983. Thereafter, their successors shall serve for two‑year terms beginning July 1 of odd‑numbered years.
The terms of the rotating ex officio members shall be of one‑year duration, and the schedule of rotation is determined by the Governor.
Each State official who serves on the Board may designate a representative of his department, agency or institution to sit in his place on the Board and to exercise fully the official's privileges of membership.
The Secretary of Administration or his designee serves as secretary of the Board.
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120‑122. Other vacancies shall be filled in the same manner as the original appointment.
The Governor may remove any member of the Board from office in accordance with the provisions of G.S. 143B‑16.
The Board meets quarterly and at other times at the call of the chairman or upon written request of at least six members.
A majority of the Board members shall constitute a quorum for the transaction of business."
NORTH CAROLINA RAIL COUNCIL
SECTION 1.14. Part 9 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑361 through G.S. 143B‑363, is repealed.
PROPERTY TAX SUBCOMMITTEE OF THE REVENUE LAWS STUDY COMMITTEE
SECTION 1.15. G.S. 120‑70.108 is repealed.
PUBLIC HEALTH STUDY COMMISSION
SECTION 1.16.(a) Article 22 of Chapter 120 of the General Statutes, G.S. 120‑195 through G.S. 120‑203, is repealed.
SECTION 1.16.(b) G.S. 130A‑40.1(b) reads as rewritten:
"§ 130A‑40.1. Pilot program for nurse as health director.
…
(b) The Secretary of Health and Human Services may
approve only one request under subsection (a) of this section, this section
being designed as a pilot program concerning alternative qualifications for a
local health director. The Secretary of Health and Human Services shall
report any approval under this section to the Public Health Study Commission."
SUBSTANCE ABUSE ADVISORY COUNCIL
SECTION 1.17.(a) Part 5 of Article 6A of Chapter 143B of the General Statutes, G.S. 143B‑270 and G.S. 143B‑271, is repealed.
SECTION 1.17.(b) G.S. 148‑19(d) reads as rewritten:
"§ 148‑19. Health services.
…
(d) The Commission for Mental Health, Developmental
Disabilities, and Substance Abuse Services shall adopt standards for the
delivery of mental health and mental retardation services to inmates in the
custody of the Department of Correction. The Commission for Mental Health,
Developmental Disabilities, and Substance Abuse Services shall give the
Secretary of Correction an opportunity to review and comment on proposed
standards prior to promulgation of such standards; however, final authority to
determine such standards remains with the Commission. The Secretary of the
Department of Health and Human Services shall designate an agency or agencies
within the Department of Health and Human Services to monitor the
implementation by the Department of Correction of these standards and of
substance abuse standards adopted by the Department of Correction upon the
advice of the Substance Abuse Advisory Council established pursuant to G.S. 143B‑270.Correction.
The Secretary of Health and Human Services shall send a written report on the
progress which the Department of Correction has made on the implementation of
such standards to the Governor, the Lieutenant Governor, and the Speaker of the
House. Such reports shall be made on an annual basis beginning January 1, 1978."
TASK FORCE ON SCHOOL‑BASED MANAGEMENT
SECTION 1.18. G.S. 115C‑105.31 is repealed.
TASK FORCE ON THE COORDINATION OF CHILDREN'S SERVICES
SECTION 1.19.(a) G.S. 120‑221 is repealed.
SECTION 1.19.(b) G.S. 120‑217(c) reads as rewritten:
"§ 120‑217. Commission membership; terms; compensation.
…
(c) Commission members shall receive no salary as a
result of serving on the Commission and the Task Force on the Coordination
of Children's Services but shall receive necessary subsistence and travel
expenses in accordance with G.S. 120‑3.1, 138‑5, and 138‑6,
as applicable."
SECTION 1.19.(c) G.S. 120‑218(c) reads as rewritten:
"§ 120‑218. Commission meetings; public hearings; staff.
…
(c) The Commission may contract for clerical or
professional staff or for any other services it may require in the course of
its ongoing study. At the request of the Commission, the Legislative Services
Commission may supply members of the staff of the Legislative Services Office
and clerical assistance to the Commission as the Legislative Services
Commission considers appropriate. The Commission and the Task Force on the
Coordination of Children's Services may, with the approval of the
Legislative Services Commission, meet in the State Legislative Building or the
Legislative Office Building."
SECTION 1.19.(d) G.S. 120‑220 reads as rewritten:
"§ 120‑220. Commission authority.
The Commission and the Task Force on the Coordination of
Children's Services has the authority to obtain information and data from
all State officers, agents, agencies, and departments, while in discharge of
its duties, pursuant to G.S. 120‑19, as if it were a committee of
the General Assembly."
PETROLEUM UNDERGROUND STORAGE TANK FUND COUNCIL
SECTION 1.20.(a) G.S. 143‑215.94O is repealed.
SECTION 1.20.(b) G.S. 143‑215.94A reads as rewritten:
"§ 143‑215.94A. Definitions.
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part and Part 2B of this Article:
…
(3) "Council" means the North
Carolina Petroleum Underground Storage Tank Funds Council.
…."
SECTION 1.20.(c) G.S. 143‑215.94I reads as rewritten:
"§ 143‑215.94I. Insurance pools authorized; requirements.
…
(l) The Department of Insurance, in consultation with
the Petroleum Underground Storage Tank Funds Council and the Department
of Environment and Natural Resources, shall provide guidance and technical
assistance for the formation of an insurance pool pursuant to G.S. 143‑215.94I
to any responsible entity that requests assistance."
NORTH CAROLINA AERONAUTICS COUNCIL
SECTION 1.21.(a) G.S. 143B‑356 and G.S. 143B‑357 are repealed.
SECTION 1.21.(b) The title of Part 5 of Article 8 of Chapter 143B of the General Statutes reads as rewritten:
"Part 5. Division of Aeronautics – Aeronautics Council.Aeronautics."
SECTION 1.21.(c) G.S. 63‑66 reads as rewritten:
"§ 63‑66. Administration of Article; powers of Department of Transportation.
The Department of Transportation shall carry out the provisions of this Article. In exercising such power, the Department shall:
(1) Promote the further development and improvement of air routes, airport facilities, seaplane bases, heliports, protect their approaches and stimulate the development of aviation, commerce and air facilities. In exercising this power, the Department shall prepare and develop goals, objectives, standards and policies for the most efficient and economical expenditure of State funds as may be appropriated for the purposes of this Article.
(2) Publish and make available to aviation interests, the Federal Aviation Administration, and the people of the State generally, current information regarding such criteria, standards, and policies.
(3) Prepare and keep current a State airport plan and submit annual revisions of that plan to the Federal Aviation Administration.
(4) Make a detailed and thorough study of all applications for State assistance authorized herein and make specific recommendations regarding applications to the Federal Aviation Administration for federal grants.
(5) Develop a plan of priorities and allocations of State funds to be revised annually.
(6) Represent the State before all federal agencies and elsewhere where the aviation interests of the State may be affected.
(7) Subject to the availability of funds for the purpose, promote aviation safety throughout the State and conduct such promotional, educational and other programs as may be necessary to keep the people of the State properly informed with respect to aviation and to further aeronautics generally throughout the State.
In exercising the powers and performing the duties herein
provided for by this section, the Department of Transportation shall consult
with and seek the advice of the aeronautics council."
FUTURE OF THE NORTH CAROLINA RAILROAD STUDY
SECTION 1.22. Article 28 of Chapter 120 of the General Statutes, G.S. 120‑245 through G.S. 120‑255, is repealed.
LEGISLATIVE SERVICES COMMISSION SUBCOMMITTEE ON EXPENDITURE MODEL
SECTION 1.23. Sections 7.1 and 7.2 of Chapter 17 of the 1995 Session Laws, Second Extra Session 1996, are repealed.
NORTH CAROLINA PUBLIC EMPLOYEE SPECIAL PAY PLAN BOARD OF TRUSTEES
SECTION 1.24. Part 29 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑426.41, is repealed.
ROANOKE RIVER BASIN ADVISORY COMMITTEE
SECTION 1.25.(a) Part 2 of Article 7 of Chapter 77 of the General Statutes, G.S. 77‑103 through G.S. 77‑109, is repealed.
SECTION 1.25.(b) The title of Article 7 of Chapter 77 of the General Statutes reads as rewritten:
"Article 7.
Roanoke River Basin Bi‑State Commission;
Roanoke River Basin Advisory Committee.Commission.
Part 1. Roanoke River Basin Bi‑State Commission."
NORTH CAROLINA SOLID WASTE MANAGEMENT CAPITAL PROJECTS FINANCING AGENCY – TRANSFER DUTIES AND FUNCTIONS TO THE CLEAN WATER MANAGEMENT TRUST FUND BOARD OF TRUSTEES
SECTION 1.26.(a) G.S. 159I‑3 reads as rewritten:
"§ 159I‑3. Definitions.
(a) Unless a different meaning is required by the context, the following definitions shall apply throughout this Chapter:
(1) "Administrative charges" means
any charge made by the Agency to a unit of local government for the providing
of financing pursuant to this Chapter and may include, without limitation,
charges for financing costs, charges for the costs of bond and reserve fund
insurance, of credit‑enhancement and liquidity facilities, and of
interest‑rate agreements, charges in respect of nonasset bond and
investment income deficiencies, and charges for administrative expenses of the
Agency incurred in the exercise of its powers and duties conferred by this
Chapter.
(2) "Agency" means the North
Carolina Solid Waste Management Capital Projects Financing Agency.
(3) "Board" means the board of directors
of the Agency or any other governing body of the Agency succeeding to the
principal functions of the Agency. Clean Water Management Trust Fund
Board of Trustees.
(4) "Bonds" means the revenue bonds
authorized to be issued by the Agency Board under this Chapter.
As used in this Chapter, the term "bonds" does not include any loan
agreement.
(5) "Costs" means the capital cost of acquiring or constructing any project, including, without limitation, the following:
a. The costs of doing any or all of the following deemed necessary or convenient by a unit of local government:
1. Acquiring, constructing, erecting, providing, developing, installing, furnishing, and equipping;
2. Reconstructing, remodeling, altering, renovating, replacing, refurnishing, and re‑equipping;
3. Enlarging, expanding, and extending; and
4. Demolishing, relocating, improving, grading, draining, landscaping, paving, widening, and resurfacing.
b. The costs of all property, both real and personal and both improved and unimproved, and of plants, works, appurtenances, structures, facilities, furnishings, machinery, equipment, vehicles, easements, water rights, air rights, franchises, and licenses used or useful in connection with the purpose authorized;
c. The costs of demolishing or moving structures from land acquired and acquiring any lands to which such structures thereafter are to be moved;
d. Financing charges, including estimated interest during the acquisition or construction of such project and for six months thereafter;
e. The costs of services to provide and the cost of plans, specifications, studies and reports, surveys, and estimates of costs and revenues;
f. The costs of paying any interim financing, including principal, interest, and premium, related to the acquisition or construction of a project;
g. Administrative and legal expenses and administrative charges;
h. The costs of obtaining bond and reserve fund insurance and investment contracts, of credit‑enhancement facilities, liquidity facilities and interest‑rate agreements, and of establishing and maintaining debt service and other reserves; and
i. Any other services, costs, and expenses necessary or incidental to the purpose authorized.
(6) "Division" means the Division of Waste Management of the Department of Environment and Natural Resources and any successor of the Division of Waste Management.
(7) "Loan" means moneys loaned by the Agency
Board to a unit of local government for a project authorized by this
Chapter.
(8) "Loan agreement" means any bond, note,
contract, loan agreement, or other written agreement of a unit of local
government delivered to the Agency and evidencing the unit's receipt of loan
proceeds from the sale of all or a portion of the Agency's bonds or from other
available money of the Agency and setting forth the terms of the unit's
agreement to make payments to the Agency Board in respect of such
loan.
(9) "Local Government Commission" means the Local Government Commission of the Department of the State Treasurer, established by Article 2 of Chapter 159 of the General Statutes and any successor of said Commission.
(10) "Notes" means the revenue notes or revenue
bond anticipation notes authorized to be issued by the Agency Board under
this Chapter. As used in this Chapter, the term "notes" does not
include any loan agreement.
(11) "Project" means any capital project authorized to be financed in G.S. 159I‑8.
(12) "Revenues" means all moneys received by
the Agency, other than the proceeds received by the Agency Board from
the sale of bonds or notes and moneys appropriated by the State for the Solid
Waste Management Loan Fund, in connection with the providing of financing to
units of local government, including without limitation:
a. The payments received by the Agency Board
of the principal of and premium, if any, and interest on loan agreements;
b. Administrative charges, but only to the extent
determined by the Agency;Board; and
c. Investment earnings on all revenues, funds, and
other moneys of the Agency.Board.
(13) "Unit of local government" or "unit" means:
a. A unit of local government as defined in G.S. 159‑44(4);
b. Any combination of units, as defined in G.S. 160A‑460(2), entering into a contract or agreement with each other under G.S. 160A‑461;
c. Any joint agency established under G.S. 160A‑462; as any such section may be amended from time to time;
d. Any regional solid waste management authority created pursuant to G.S. 153A‑421; or
e. A consolidated city‑county as defined by G.S. 160B‑2(1), including such a consolidated city‑county acting with respect to an urban service district defined by a consolidated city‑county.
(b) Unless a different meaning is required by the context, the definitions set out in G.S. 130A‑290, as such section may be amended from time to time, shall apply throughout this Chapter."
SECTION 1.26.(b) G.S. 159I‑4 is repealed.
SECTION 1.26.(c) The Revisor of Statutes is authorized to change the word "Agency" to the word "Board" where it appears in Chapter 159I of the General Statutes.
NORTH CAROLINA BICYCLE COMMITTEE
SECTION 1.27. G.S. 136‑71.13 is repealed.
JOINT LEGISLATIVE COMMISSION ON FUTURE STRATEGIES FOR NORTH CAROLINA
SECTION 1.28.(a) Article 13B of Chapter 120 of the General Statutes, G.S. 120‑84.6 through G.S. 120‑84.12, is repealed.
SECTION 1.28.(b) G.S. 143‑318.14A reads as rewritten:
"§ 143‑318.14A. Legislative commissions, committees, and standing subcommittees.
(a) Except as provided in subsection (e) below, all official meetings of commissions, committees, and standing subcommittees of the General Assembly (including, without limitation, joint committees and study committees), shall be held in open session. For the purpose of this section, the following also shall be considered to be "commissions, committees, and standing subcommittees of the General Assembly":
…
(12) The Joint Legislative Commission on Future
Strategies for North Carolina;
…."
JOINT BROADBAND TASK FORCE
SECTION 1.29. Section 6.18(e) of S.L. 2010‑31 reads as rewritten:
"SECTION 6.18.(e) Beginning December 1, 2010,
the Task Force shall provide quarterly reports to the Joint Legislative
Oversight Committee on Information Technology and shall terminate upon filing
its final report. report on or before July 1, 2011."
LEGISLATIVE COMMISSION ON METHAMPHETAMINE ABUSE
SECTION 1.30.(a) Article 25 of Chapter 120 of the General Statutes, G.S. 120‑226, is repealed.
SECTION 1.30.(b) G.S. 114‑19.01 reads as rewritten:
"§ 114‑19.01. Study and report on use of pseudoephedrine products to make methamphetamine.
The State Bureau of Investigation shall study issues
regarding the use of pseudoephedrine products to make methamphetamine,
including any data on the use of particular pseudoephedrine products in that
regard, pertinent law enforcement statistics, trends observed, and other
relevant information, and report annually to the Commission for Mental Health,
Developmental Disabilities, and Substance Abuse Services, the Legislative
Commission on Methamphetamine Abuse, and the Joint Governmental Operations
Subcommittee on Justice and Public Safety."
GOVERNOR'S COUNCIL ON PHYSICAL FITNESS AND HEALTH
SECTION 1.31.(a) Part 2 of Article 1B of Chapter 130A of the General Statutes, G.S. 130A‑33.40 and G.S. 130A‑33.41, is repealed.
SECTION 1.31.(b) G.S. 143B‑138.1 reads as rewritten:
"§ 143B‑138.1. Department of Health and Human Services – functions and organization.
…
(d) All functions, powers, duties, and obligations previously vested in the following commissions, boards, councils, committees, or subunits of the Department of Environment, Health, and Natural Resources are transferred to and vested in the Department of Health and Human Services by a Type II transfer, as defined in G.S. 143A‑6:
(1) Commission for Public Health.
(2) Council on Sickle Cell Syndrome.
(3) Governor's Council on Physical Fitness
and Health.
(4) Commission of Anatomy.
(5) Minority Health Advisory Council.
(6) Advisory Committee on Cancer Coordination and Control.
…."
JOINT SELECT COMMITTEE ON LOW‑LEVEL RADIOACTIVE WASTE
SECTION 1.32.(a) Article 12C of Chapter 120 of the General Statutes, G.S. 120‑70.31 through G.S. 120‑70.37, is repealed.
SECTION 1.32.(b) G.S. 120‑70.43(a)(7) reads as rewritten:
"§ 120‑70.43. Powers and duties.
(a) The Environmental Review Commission shall have the following powers and duties:
…
(7) To undertake such additional studies as it deems
appropriate or as may from time to time be requested by the President Pro
Tempore of the Senate, the Speaker of the House of Representatives, either
house of the General Assembly, the Legislative Research Commission, the Joint
Legislative Commission on Governmental Operations, or the Joint
Legislative Utility Review Committee, or the Joint Select Committee on Low‑Level
Radioactive Waste and to make such reports and recommendations to the
General Assembly regarding such studies as it deems appropriate; provided that
the Environmental Review Commission shall not undertake any study which the
General Assembly has assigned to another legislative commission or committee.
…."
HEALTH INSURANCE INNOVATIONS COMMISSION
SECTION 1.34. Article 90 of Chapter 58 of the General Statutes, G.S. 58‑90‑1 through G.S. 58‑90‑25, is repealed.
BLUE RIBBON TASK FORCE ON THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES
SECTION 1.35.(a) Subsections (d) and (f) of Section 7 of S.L. 2009‑16 read as rewritten:
"SECTION 7.(d) Upon the convening of each
session of the General Assembly, the Task Force shall report its findings and
recommendations to the General Assembly, the Governor, and the Committee on
Employee Hospital and Medical Benefits.The Task Force shall terminate on
or before July 1, 2011.
"SECTION 7.(f) The Legislative
Services Officer shall allocate from a portion of the funds appropriated to the
General Assembly for each fiscal year for expenses of the Task Force."
SECTION 1.35.(b) G.S. 135‑44.4(31) reads as rewritten:
"(31) The Plan shall conduct a monthly review of Plan
costs as compared to the same month in the immediately preceding year and a
comparison of projected costs and savings to actual costs and savings. The Plan
shall report the results of the review to the Committee on Employee Hospital
and Medical Benefits and the State Health Plan Blue Ribbon Task Force at
least semiannually."
HISTORIC SITES REPAIRS AND RENOVATIONS REVIEW COMMITTEE
SECTION 1.37. Section 29.3(b) of S.L. 1998‑212 is repealed.
SMALL BUSINESS ENVIRONMENTAL ADVISORY PANEL
SECTION 1.38.(a) Part 15 of Article 7 of Chapter 143B of the General Statutes, G.S. 143B‑317 through G.S. 143B‑319, is repealed.
SECTION 1.38.(b) G.S. 143‑215.3A reads as rewritten:
"§ 143‑215.3A. Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports.
…
(b) The Title V Account is established as a
nonreverting account within the Department. Revenue in the Account shall be
used for developing and implementing a permit program that meets the requirements
of Title V. The Title V Account shall consist of fees collected pursuant to G.S. 143‑215.3(a)(1d)
and G.S. 143‑215.106A. Fees collected under G.S. 143‑215.3(a)(1d)
shall be used only to cover the direct and indirect costs required to develop
and administer the Title V permit program, and fees collected under G.S. 143‑215.106A
shall be used only for the eligible expenses of the Title V program. Expenses
of the Small Business Environmental Advisory Panel, the ombudsman for
the Small Business Stationary Source Technical and Environmental Compliance
Assistance Program, support staff, equipment, legal services provided by the
Attorney General, and contracts with consultants and program expenses listed in
section 502(b)(3)(A) of Title V shall be included among Title V program
expenses.
…."
COMMITTEE ON STANDARDS AND ACCOUNTABILITY
SECTION 1.39. Subsection (c) of Section 8.27 of S.L. 1997‑443 reads as rewritten:
"(c) The North Carolina Standards and Accountability Commission has completed its work and submitted a report to the State Board of Education. Therefore, effective August 1, 1997, Article 8A of Chapter 115C of the General Statutes is repealed.
Recognizing the important role of the Commission's work,
there is established the Committee on Standards and Accountability. The
Committee shall advise the State Board of Education on student performance
standards. The Committee shall be composed of 13 members, nine appointed by
the Governor, two appointed by the President Pro Tempore of the Senate, and two
appointed by the Speaker of the House of Representatives. Of the Governor's
nine appointments, one shall be for a chair of the Committee. The chair shall
be a person in North Carolina who understands the connection of high and
rigorous standards with student preparation for the world of work and other
post‑high school opportunities."
NORTH CAROLINA TEACHER ACADEMY BOARD OF TRUSTEES
SECTION 1.40.(a) G.S. 115C‑296.4 is repealed.
SECTION 1.40.(b) G.S. 120‑123(63) is repealed.
SECTION 1.40.(c) G.S. 126‑5(c1)(26) is repealed.
NORTH CAROLINA TEACHING FELLOWS COMMISSION
SECTION 1.41.(a) Effective July 1, 2015, Part 2 of Article 24C of Chapter 115C of the General Statutes, G.S. 115C‑363.22 through G.S. 115C‑363.23A, is repealed.
SECTION 1.41.(b) Effective July 1, 2015, G.S. 116‑204 reads as rewritten:
"§ 116‑204. Powers of Authority.
The Authority is hereby authorized and empowered:
…
(9) To collect loan repayments for loans
awarded under the Teaching Fellows Program pursuant to G.S. 115C‑363.23A
if the loan repayment is outstanding for more than 30 days.
…."
SECTION 1.41.(c) Effective July 1, 2015, G.S. 120‑123(45a) is repealed.
NORTH CAROLINA PROFESSIONAL TEACHING STANDARDS COMMISSION
SECTION 1.42. G.S. 115C‑295.1 and G.S. 115C‑295.2 are repealed.
GOVERNOR'S COMMISSION ON EARLY CHILDHOOD VISION CARE
SECTION 1.43. Part 35 of Article 3 of Chapter 143B of the General Statutes, G.S. 143B‑216.75, is repealed.
SECTION 1.44.(a) Article 33 of Chapter 116 of the General Statutes is repealed.
SECTION 1.44.(b) G.S. 116-11(12c) is repealed.
SECTION 1.44.(c) This Section is effective when it becomes law.
PART II. ELIMINATION OF CERTAIN STATE BOARDS, COMMITTEES, AND COMMISSIONS THAT HAVE MET STATUTORY REQUIREMENTS
SECTION 2. For the following State boards, committees, and commissions where statutory requirements have been met, these bodies are no longer authorized to meet, provide recommendations, or operate in any capacity.
JOINT LEGISLATIVE STUDY COMMITTEE ON PUBLIC SCHOOL FUNDING FORMULAS
SECTION 2.1. The statutory requirements for the Joint Legislative Study Committee on Public School Funding Formulas, established by S.L. 2010‑31, have been met.
HIGHER EDUCATION CIVIC EDUCATION STUDY COMMISSION
SECTION 2.2. The statutory requirements for the Higher Education Civic Education Study Commission, established by S.L. 2008‑181, have been met.
JOINT LEGISLATIVE COMMITTEE ON DROPOUT PREVENTION AND HIGH SCHOOL GRADUATION
SECTION 2.3. The statutory requirements of the Joint Legislative Committee on Dropout Prevention and High School Graduation, established by S.L. 2007‑323, have been met.
ADVISORY COMMISSION ON HOSPITAL INFECTION CONTROL AND DISCLOSURE
SECTION 2.4. The statutory requirements of the Advisory Commission on Hospital Infection Control and Disclosure, established by S.L. 2007‑480, have been met.
JOINT SELECT COMMITTEE ON EMERGENCY PREPAREDNESS AND DISASTER MANAGEMENT RECOVERY
SECTION 2.5. The statutory requirements of the Joint Select Committee on Emergency Preparedness and Disaster Management Recovery, established by S.L. 2008‑181, have been met.
PARTITION SALES STUDY COMMITTEE
SECTION 2.6. The statutory requirements of the Partition Sales Study Committee, established by S.L. 2008‑181, have been met.
NORTH CAROLINA NATIONAL GUARD PENSION FUND STUDY COMMITTEE
SECTION 2.7. The statutory requirements of the North Carolina National Guard Pension Fund Study Committee, established by S.L. 2008‑181, have been met.
NORTH CAROLINA PROFESSIONAL EMPLOYER ORGANIZATIONAL ADVISORY COUNCIL
SECTION 2.8. The statutory requirements of the North Carolina Professional Employer Organizational Advisory Council, established by S.L. 2004‑162, have been met.
LEGISLATIVE COMMISSION ON GLOBAL CLIMATE CHANGE
SECTION 2.9. The statutory requirements of the Legislative Commission on Global Climate Change, established by S.L. 2005‑442, have been met.
LEGISLATIVE STUDY COMMITTEE ON PUBLIC‑PRIVATE PARTNERSHIPS
SECTION 2.10. The statutory requirements of the Legislative Study Committee on Public‑Private Partnerships, established by S.L. 2010‑152, have been met.
SENATE SELECT COMMITTEE ON GOVERNMENT AND ELECTION REFORM
SECTION 2.11. The statutory requirements of the Senate Select Committee on Government and Election Reform, established pursuant to G.S. 120‑19.6, have been met.
JOINT SELECT COMMITTEE ON CAPITAL TRIAL, SENTENCING, AND POST‑CONVICTION PROCEDURES FOR PERSONS WHO SUFFER SEVERE MENTAL DISABILITIES
SECTION 2.12. Joint Select Committee on Capital Trial, Sentencing, and Post‑Conviction Procedures for Persons Who Suffer Severe Mental Disabilities, established pursuant to G.S. 120‑19.6, have been met.
NORTH CAROLINA EDUCATION STANDARDS AND ACCOUNTABILITY COMMISSION
SECTION 2.13. The statutory requirements of the North Carolina Education Standards and Accountability Commission, established by Chapter 117 of the 1993 Session Laws, have been met.
STATE BOARD OF EDUCATION SELECTION COMMITTEE FOR A SUPERINTENDENT
SECTION 2.14. The statutory requirements of the State Board of Education Selection Committee for a Superintendent have been met.
ADVISORY COMMITTEE TO THE NORTH CAROLINA MEMBERS OF THE LOW‑LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT COMMISSION
SECTION 2.15. The statutory requirements of the Advisory Committee to the North Carolina Members of the Low‑Level Radioactive Waste Management Compact Commission, established by Chapter 714 of the 1983 Session Laws, have been met.
STUDY COMMISSION ON NORTH CAROLINA'S ENERGY FUTURE
SECTION 2.16. The statutory requirements of the Study Commission on North Carolina's Energy Future, established by S.L. 2009‑574, have been met.
LEGISLATIVE STUDY COMMISSION ON WATER AND WASTEWATER INFRASTRUCTURE
SECTION 2.17. The statutory requirements of the Legislative Study Commission on Water and Wastewater Infrastructure, established by S.L. 2009‑574, have been met.
PART III. CONFORMING CHANGES, EFFECT OF HEADINGS, EFFECTIVE DATE
SECTION 3.1. G.S. 115C‑64.7 reads as rewritten:
"§ 115C‑64.7. Criteria for dropout prevention grants.
The following criteria apply to all types of dropout prevention grants approved by the Committee:
(1) Grants shall be issued in varying amounts up to a maximum of one hundred seventy‑five thousand dollars ($175,000).
(2) These grants shall be provided to innovative programs and initiatives that target students at risk of dropping out of school and that demonstrate the potential to (i) be developed into effective, sustainable, and coordinated dropout prevention and reentry programs in middle schools and high schools and (ii) serve as effective models for other programs.
(3) Grants shall be distributed geographically throughout the State and throughout the eight educational districts as defined in G.S. 115C‑65. No more than three grants shall be awarded in any one county under this section in a single fiscal year.
(4) Grants may be made to local school administrative units, schools, local agencies, or nonprofit organizations. Applications from nonprofits shall be subject to the additional fiscal accountability controls described in G.S. 115C‑64.8.
(5) Grants shall be to programs and initiatives that hold all students to high academic and personal standards.
(6) Grant applications shall state (i) how grant funds will be used, (ii) what, if any, other resources will be used in conjunction with the grant funds, (iii) how the program or initiative will be coordinated to enhance the effectiveness of existing programs, initiatives, or services in the community, and (iv) a process for evaluating the success of the program or initiative.
(7) Programs and initiatives that receive grants under this section shall be based on best practices for helping at‑risk students achieve successful academic progress, preventing students from dropping out of school, or for increasing the high school completion rate for those students who already have dropped out of school.
(8) Priority for grants shall be given to proposals that (i) demonstrate input from the local community and coordination with other available programs or resources and (ii) provide clear plans for sustaining the program in future years when State funding will no longer be provided.
(9) Grantees shall assure their compliance with applicable laws and rules regulating conflicts of interest.
(10) Priority for grants shall be given to programs that would serve students in local schools that have a four‑year cohort graduation rate of less than sixty‑five percent (65%). The Committee shall establish a grant rating cutoff score at such a level as to allow for consideration of all viable grants in this priority category. The Committee may require grantees to provide supplemental information in response to any prior reviewer comments.
(11) Priority for grants shall be given to proposals demonstrating the potential for success.
(12) The demonstrated need for a grant, level of collaboration, ability to increase attendance, persistence, academic success, ability to increase parental involvement, and graduation shall be given more weight than the quality of the written grant.
(13) Grants shall be made no later than November 1, 2010 and subsequent years.
The Committee shall report to the Joint Legislative
Commission on Dropout Prevention and High School Graduation and the Joint
Legislative Education Oversight Committee on the grants awarded under this
section by March 1, 2010 and annually thereafter."
SECTION 3.2. G.S. 115C‑64.9 reads as rewritten:
"§ 115C‑64.9. Evaluation.
The Committee shall evaluate the impact of the dropout prevention grants awarded under this Article. In evaluating the impact of the grants, the Committee shall consider:
(1) How grant funds were used, including the services provided for teen pregnancy prevention and for pregnant and parenting teens;
(2) The success of the program or initiative, as indicated by the evaluation process stated in its grant application;
(3) The extent to which the program or initiative has improved students' attendance, test scores, persistence, and graduation rates;
(4) How the program or initiative was coordinated to enhance the effectiveness of existing programs, initiatives, or services in the community;
(5) What, if any, other resources were used in conjunction with the grant funds;
(6) The sustainability of the program;
(7) The number, gender, ethnicity, and grade level of students being served as well as whether the students left school due to pregnancy or parenting responsibilities;
(8) The potential for the program to serve as a model for achieving successful academic progress for at‑risk students; and
(9) Other indicators of the impact of the grant on dropout prevention.
The recipients of the dropout prevention grants awarded under
this section shall report to the Committee on Dropout Prevention by January 31,
2011, and annually thereafter. The reports shall provide information to assist
the Committee in conducting its evaluation. The reports shall include a
statement that the recipients used grant funds for the purposes appropriated by
the General Assembly and complied with applicable laws, regulations, and terms
and conditions of the grant documents. The Committee shall make an interim
report of the results of its evaluation of the grants awarded under this
section by March 31, 2011, to the Joint Legislative Commission on Dropout
Prevention and High School Graduation and to the Joint Legislative
Education Oversight Committee. The Committee shall make a final report of the
results of its evaluation of the grants awarded under subsection (c) of this
section by November 15, 2011, to the Joint Legislative Commission on Dropout
Prevention and High School Graduation and to the Joint Legislative
Education Oversight Committee."
SECTION 3.3.(a) Part 15 of Article 9 of Chapter 143B of the General Statutes, G.S. 143B‑317 through G.S. 143B‑319, is repealed.
SECTION 3.3.(b) G.S. 143‑215.3A(b) reads as rewritten:
"§ 143‑215.3A. Water and Air Quality Account; use of application and permit fees; Title V Account; I & M Air Pollution Control Account; reports.
…
(b) The Title V Account is established as a
nonreverting account within the Department. Revenue in the Account shall be
used for developing and implementing a permit program that meets the
requirements of Title V. The Title V Account shall consist of fees collected
pursuant to G.S. 143‑215.3(a)(1d) and G.S. 143‑215.106A.
Fees collected under G.S. 143‑215.3(a)(1d) shall be used only to
cover the direct and indirect costs required to develop and administer the
Title V permit program, and fees collected under G.S. 143‑215.106A
shall be used only for the eligible expenses of the Title V program. Expenses
of the Small Business Environmental Advisory Panel, the ombudsman for
the Small Business Stationary Source Technical and Environmental Compliance
Assistance Program, support staff, equipment, legal services provided by the
Attorney General, and contracts with consultants and program expenses listed in
section 502(b)(3)(A) of Title V shall be included among Title V program
expenses."
SECTION 3.4. The headings to the parts and sections of this act are a convenience to the reader and are for reference only. The headings do not expand, limit, or define the text of this act, except for effective dates referring to a part.
SECTION 3.5. The Revisor of Statutes shall, on or after the effective date of this act, correct any reference or citation in the General Statutes that is amended by this act by deleting the incorrect references and substituting correct references.
SECTION 3.6. The Office of the Governor, the Legislative Library, and all State agencies shall update databases related to State boards and commissions to reflect that the boards and commissions set out in this act have been abolished.
SECTION 3.7. The terms of the members currently serving on the boards set out in Part I of this act shall expire on the effective date of this act.
SECTION 3.8. Unless otherwise provided, this act becomes effective July 1, 2011.
