Bill Text: NC S770 | 2017-2018 | Regular Session | Introduced
Bill Title: Adjust GSC Membership
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-30 - Ref To Com On Rules and Operations of the Senate [S770 Detail]
Download: North_Carolina-2017-S770-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S D
SENATE BILL DRS35328-MNz-15
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Short Title: Adjust GSC Membership. |
(Public) |
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Sponsors: |
Senator Barringer (Primary Sponsor). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend the membership of the general statutes commission to repeal the appointing authority of the charlotte school of law, which has closed, to provide for the terms of members to begin on September 1 rather than June 1, and to harmonize two provisions dealing with vacancies and holdover members, as recommended by the General Statutes Commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 164‑14 reads as rewritten:
"§ 164‑14. Membership; appointments; terms; vacancies.
(a) The Commission shall
consist of 1413 members, who shall be appointed as follows:
(1) One member, by the
president of the North Carolina State Bar;Bar.
(2) One member, by the
General Statutes Commission;Commission.
(3) One member, by the dean
of the school of law of the University of North Carolina;Carolina.
(4) One member, by the dean
of the school of law of Duke University;University.
(5) One member, by the dean
of the school of law of Wake Forest University;University.
(6) One member, by the
Speaker of the House of Representatives of each General Assembly from the
membership of the House;House.
(7) One member, by the
President Pro Tempore of the Senate of each General Assembly from the
membership of the Senate;Senate.
(8) Two members, by the Governor;Governor.
(9) One member, by the dean
of the school of law of North Carolina Central University;University.
(10) One member by the
president of the North Carolina Bar Association;Association.
(11) One member, by the dean of the school of law of Campbell University.
(12) One member, by the dean of the school of law of Elon University.
(13) One member, by the dean of the Charlotte School of
Law (NC), Inc.
(b) Appointments of original members of the
Commission made by the president of the North Carolina State Bar, the president
of the North Carolina Bar Association, and the deans of the schools of law of
Duke University, the University of North Carolina, and Wake Forest University
shall be for one year. Appointments of original members of the Commission made
by the Speaker of the House of Representatives, the President of the Senate,
and the Governor shall be for two years.
(c) After the appointment
of the original members of the Commission, appointments Appointments by
the president of the North Carolina State Bar, the General Statutes Commission,
and the deans of the schools of law of North Carolina Central University, Duke
University, Elon University, the University of North Carolina, and Wake Forest
University shall be made in the even‑numbered years, and appointments
made by the Speaker of the House of Representatives, the President Pro Tempore
of the Senate, the president of the North Carolina Bar Association, the deans
dean of the School of Law school of law of Campbell University
and the Charlotte School of Law (NC), Inc., University, and the
Governor shall be made in the odd‑numbered years. Such appointmentsAppointments
shall be made for two‑year terms beginning June first September
1 of the year when such the appointments are to become
effective and expiring May 31 August 31 two years thereafter. All
such appointments shall be made not later than May 31of the year when such appointments
are to become effective.
(d) If any appointment
provided for by this section is not made prior to June first of the year when
it should become effective, a vacancy shall exist with respect thereto, and the
vacancy shall then be filled by appointment by the Governor. If any member of
the Commission dies or resigns during the term for which he was appointed, his
successor for the unexpired term shall be appointed by the person who made the
original appointment, as provided in G.S. 164‑14, or by the successor of
such person; and if such vacancy is not filled within 30 days after the vacancy
occurs, it shall then be filled by appointment by the Governor. In any case
where an appointment authorized to be made by G.S. 164‑14(c) has not been
made on or before July 31 of the year in which it was due to be made, a vacancy
shall exist with respect to that appointment and the General Statutes
Commission at its next meeting shall by majority vote fill the vacancy by
appointment.a member of the Commission resigns, dies, or ceases to be a
member for any other reason, a vacancy exists with respect to that appointment
and the original appointing authority shall appoint a new member to fill the
unexpired term.
This subsection does not apply when a member is continuing to serve under subsection (f) of this section.
(e) All appointments shall be reported to the secretary of the Commission.
(f) Notwithstanding the expiration of the term of the appointment, the terms of members of the General Statutes Commission shall continue until the appointment of a successor has been made and reported to the secretary of the Commission."
SECTION 2. The repeal of G.S. 164‑14(a)(13) by Section 1 of this act becomes effective August 31, 2019. The remainder of this act is effective when it becomes law. The terms of the current members of the General Statutes Commission are extended to August 31 of the year in which they would otherwise expire.
