Um, no indeed

Now why would the state’s Secretary of DHHS blame this on the Insurance Commissioner? Because it is unpopular? Because he’s a Democrat? Because his title has the word insurance in it?

From this morning’s Under the Dome via a story in NC Health News

When challenged by a doctor on the decision not to expand the government health insurance to about 500,000 working-class people, Wos said state Insurance Commissioner Wayne Goodwin made the decision.

Um, no.

That decision came from the legislature and Gov. Pat McCrory, who hired Wos.

For the record, the Department of Insurance backed Medicaid expansion under the Affordable Care Act.

NC Health News — Wos Says Decision to Not Expand Medicaid Was Goodwin’s Call

Son of S10 passes the House

Text/staus here

Latest version:

Short Title:        Government Reorg. and Efficiency Act.

(Public)

Sponsors:

Referred to:

May 8, 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SECTION 1.1.(a)  G.S. 18C?172 is repealed.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  Part 20 of Article 10 of Chapter 143B of the General Statutes, G.S. 143B?472.100 through G.S. 143B?472.112, is repealed.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  Article 6B of Chapter 115C of the General Statutes, G.S. 115C?64.6 through G.S. 115C?64.9, is repealed.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.(a)  The Public Funding of Council of State Elections Commission established by Section 26 of S.L. 2010?169 is terminated.

SECTION 1.12.(b)  The Legislative Commission on Global Climate Change established by 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, is terminated.

SECTION 1.12.(c)  The Arts Education Commission established by S.L. 2011?301 is terminated.

 

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) of subsection (b1) of this section 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 June 30, 2013. 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. Furthermore:

(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)(5) 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 licensed 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 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 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)        The terms of all members of the Environmental Management Commission serving on January 1, 2013, shall expire June 30, 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.

(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 July 1, 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. 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 the Industrial Commission members serving terms established by Section 22 of S.L. 2011?287 shall terminate on June 30, 2013. The Governor shall appoint new members subject to confirmation by the General Assembly. The terms of the six new members of the Industrial Commission shall be staggered as follows:

(1)        Two to serve terms beginning July 1, 2013, and expiring June 30, 2015, with subsequent appointments to those positions serving four?year terms.

(2)        Two to serve terms beginning July 1, 2013, and expiring June 30, 2016, with subsequent appointments to those positions serving four?year terms.

(3)        Two to serve terms beginning July 1, 2013, and expiring June 30, 2017, with subsequent appointments to those positions serving four?year terms.

SECTION 2.4.(c)  Effective July 1, 2013, Section 22 of S.L. 2011?287 is repealed.

 

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?yearfour?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 eight10 members of the Commission to serve two?year terms, fourfive upon the recommendation of the Speaker of the House, fourand five 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 designeeshall 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 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 four 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. Subsequent appointments shall be for terms of four 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. Subsequent appointments shall be for terms of four years. Initial terms shall expire on June 30 of the year of expiration. All succeeding appointments shall be for terms of five four 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 appointed by the Governor 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 June 30, 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.”

SECTION 2.15.(c)  This section becomes effective July 1, 2013.

 

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)  Section 2.18(a) is effective when it becomes law and applies to any administrative law judge appointed on or after the effective date of this act. Section 2.18(b) is effective when it becomes law and applies to any administrative law judge serving on or after the effective date of this act.

 

PART III. Effective Date

SECTION 3.1.  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 3.2.  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.

 

 

 

Pardon the mess

Some long overdue updates led to some unanticipated consequences and a kind of coding mess.
Thankfully, things seem somewhat stable now and forward progress is possible.
Thanks for your patience,

The Management

I have so been waiting for this submerged lands bill

Anyone who tuned in to the legislature post-election and pre-session got a chance to catch up on the history of water policy in North Carolina. Some absolutely fascinating history and legal aspects — lots of common law stuff. One of the very interesting things discussed was that the state owns the land under its rivers and other public waters. Due to some recent case law, it was decided that the state probably ought to document that. (Correct me if I’m wrong on that submerged lands experts.)
Senate Bill 345 Statewide Submerged Lands Survey Main Page
So, I guess as one of those people who wondered what would come of those discussions from last winter, this is the bill I’ve most anticipated. It sounds strange, but could turn out to be a pretty big deal.

Short Title:        Statewide Submerged Lands Inventory. (Public)
Sponsors: Senator Hartsell (Primary Sponsor).
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to improve the oversight and management of state‑owned submerged lands, including initiating a process to inventory claims on state‑owned submerged lands.

The General Assembly of North Carolina enacts:

SECTION 1. The Department of Administration shall modify the existing State property database to include a field to indicate whether or not an item within the database includes submerged land. The Department of Administration shall modify the database no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the completion of the modification no later than that date.

SECTION 2. No structures may be placed on State‑owned submerged lands after the effective date of this act without an easement granted by the Department of Administration. The Department of Administration shall record such easements, if granted, within the State property database using the database field required to be added by Section 1 of this act. This section should not be construed to validate or authorize the presence of any existing structures on State‑owned submerged lands.

SECTION 3. The Department of Administration shall adopt rules specifying the process for how to obtain utility easements on submerged lands, including any fees. The Department shall adopt rules no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the new rules no later than that date.

SECTION 4. The Department of Administration shall develop and implement procedures with the Department of Environment and Natural Resources for implementing G.S. 146‑8, which relates to the disposition of mineral deposits in State lands under water. The Department of Administration and Department of Environment and Natural Resources shall implement these procedures no later than April 15, 2014, and shall report to the Joint Legislative Commission on Governmental Operations on the implementation status no later than that date.

SECTION 5.(a) Article 4 of Subchapter I of Chapter 146 of the General Statutes is amended by adding the following new section:

§ 146‑20.2.  Non‑coastal submerged lands inventory.

(a) Inventory Process. — The Department of Environment and Natural Resources, Division of Water Resources, in conjunction with the Department of Administration and the Office of the Attorney General, shall inventory all State‑owned submerged lands in non‑coastal counties and shall determine the validity of the claims submitted under this section. In evaluating claims registered pursuant to this section, the Division shall favor public ownership of submerged lands and public trust rights. The provisions of this section shall not apply to the land lying under any private fish pond, irrigation pond, or other waterway not owned by the State.

(b) Claims Submission. — Every person claiming any interest in any part of the bed lying under navigable waters of any non‑coastal county of North Carolina or any right of fishery in navigable waters of any non‑coastal county superior to that of the general public shall register the grant, charter, or other authorization under which the person claims with the Department of Environment and Natural Resources, Division of Water Resources. Such registration shall be accompanied by a survey of the claimed area, meeting criteria established by the Division. Registering any claim with the Division in no way implies recognition by the State of the validity of the claim.

(c) Notice by Publication. — The Division shall give notice of the claims process under this section at least once each calendar year for three years by publication in a newspaper or newspapers of general circulation throughout all non‑coastal counties of the State.

(d) Unfiled Claims Void. — All rights and titles not registered in accordance with this subsection on or before December 31, 2015, are hereby declared null and void.

(e) Annual Report. — On or before September 1 of each year, the Department of Environment and Natural Resources, Division of Water Resources, shall report to the Joint Legislative Commission on Governmental Operations on the following:

(1) The total number of new claims registered.

(2) The number of claims registered that were resolved during the preceding year.

(3) The cost of resolving the claims that were resolved during the preceding year.

(4) The number of unresolved claims.

(5) The projected completion date of the inventory process.

(f) Definition. — For the purpose of this subsection, “non‑coastal county” shall mean all the counties not included in the definition of “coastal counties” in G.S. 113‑205(a).

SECTION 5.(b) The sum of three hundred twenty‑eight thousand dollars ($328,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2013‑2014 for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. Three new positions are authorized, to be paid from these funds: one attorney, one paralegal, and one administrative assistant.

The sum of five hundred fifty thousand dollars ($550,000) is appropriated from the General Fund to the Department of Environment and Natural Resources, Division of Water Resources, for fiscal year 2014‑2015, recurring, for the personnel and other expenses associated with inventorying State‑owned submerged lands under G.S. 146‑20.2, as enacted by this section. In addition to the three positions authorized for fiscal year 2013‑2014, the following new positions are authorized effective for fiscal year 2014‑2015, to be paid from these funds: three paralegals and one geographic information system (GIS) specialist.

SECTION 6. Section 5(b) of this act becomes effective July 1, 2013. The remainder of this act is effective when it becomes law.

Things that make you go hmmm

Now why would anyone want to exempt members of one of the state’s metropolitan planning organization from the state ethics act?

Here’s last year’s provision in the budget bill

APPLY STATE ETHICS ACT TO METROPOLITAN PLANNING ORGANIZATIONS AND RURAL PLANNING ORGANIZATIONS

SECTION 24.16.(a) G.S. 136‑202 is amended by adding a new subsection to read:

(e) A Metropolitan Planning Organization shall be treated as a board for purposes of Chapter 138A of the General Statutes.

SECTION 24.16.(b) G.S. 136‑211 is amended by adding a new subsection to read:

(e) Ethics Requirements.A Rural Transportation Planning Organization shall be treated as a board for purposes of Chapter 138A of the General Statutes.

SECTION 24.16.(c) Members of Metropolitan Planning Organizations and Rural Transportation Planning Organizations shall file an initial Statement of Economic Interest with the State Ethics Commission no later than April 15, 2013. All information provided in the Statement of Economic Interest shall be current as of December 31, 2012. The initial Statement of Economic Interest shall be filed electronically.

SECTION 24.16.(d) This section becomes effective January 1, 2013.

And here’s the text of the bill filed today that repeals that for the Meck/Union MPO

A BILL TO BE ENTITLED

AN ACT to provide that the mecklenburg‑union metropolitan planning organization shall not have to comply with Section 24.16(a) of S.L. 2012‑142.

The General Assembly of North Carolina enacts:

SECTION 1. Section 24.16(a) of S.L. 2012‑142 is repealed.

SECTION 2. This act applies only to the Counties of Mecklenburg and Union.

SECTION 3. This act is effective when it becomes law.

so, hmmmm.

Bill repeals public campaign matching funds

Filed today by House Elections co-chair David Lewis
House Bill 297 Matching Funds Repeal Main Page

Short Title:        Matching Funds Repeal. (Public)
Sponsors: Representative Lewis.
Referred to:  

 

A BILL TO BE ENTITLED

AN ACT to remove the matching funds provisions of the public campaign act and the voter‑owned election act and to make conforming and related changes.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 163‑278.62(18) is repealed.

SECTION 2. G.S. 163‑278.66(a) is repealed.

SECTION 3. G.S. 163‑278.67 is repealed.

SECTION 4. G.S. 163‑278.64(d)(2) reads as rewritten:

“(2)      From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under ten dollars ($10.00) from North Carolina voters, and personal and family contributions permitted under subdivision (4) of this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to subdivision (1) of this subsection and possible matching funds received pursuant to G.S. 163‑278.67.subsection. Except for personal and family contributions permitted under subdivision (4) of this subsection, multiple contributions from the same contributor to the same candidate shall not exceed five hundred dollars ($500.00).”

SECTION 5. G.S. 163‑278.64(d)(3) reads as rewritten:

“(3)      After the qualifying period and through the date of the general election, the candidate shall expend only the funds the candidate receives from the Fund pursuant to G.S. 163‑278.65(b)(4) plus any funds remaining from the qualifying period and possible matching funds.period.

SECTION 6. G.S. 163‑278.64A(a) reads as rewritten:

“(a)       Participation Provisions Modified. — Candidates involved in elections described in G.S. 163‑329 may participate in the Fund subject to the provisions of G.S. 163‑278.64 as modified by this section. The Board shall adapt other provisions of this Article, including G.S. 163‑278.67, Article to those elections.”

SECTION 7. G.S. 163‑278.65(b)(2) reads as rewritten:

“(2)      Contested primaries. — No funds shall be distributed except as provided in G.S. 163‑278.67.distributed.

SECTION 8. G.S. 163‑278.96(17) is repealed.

SECTION 9. G.S. 163‑278.99A(a) is repealed.

SECTION 10. G.S. 163‑278.99B is repealed.

SECTION 11. G.S. 163‑278.98(e)(2) reads as rewritten:

“(2)      From the filing of a declaration of intent through the end of the qualifying period, a candidate may accept only qualifying contributions, contributions under ten dollars ($10.00) from North Carolina voters, in‑kind party contributions as permitted in subdivision (4) of this subsection, and personal and family contributions permitted under subdivision (4a) of this subsection. The total contributions the candidate may accept during this period shall not exceed the maximum qualifying contributions for that candidate. In addition to these contributions, the candidate may only expend during this period the remaining money raised pursuant to subdivision (1) of this subsection and possible matching funds received pursuant to G.S. 163‑278.99B.subsection. If the candidate has any remaining money that was raised as contributions before August 1 of the year before the election, the candidate may not expend that money after filing the declaration of intent, except for purposes permitted under subdivision (2), (3), (6), (7), or (8) of G.S. 163‑278.16B(a).”

SECTION 12. G.S. 163‑278.98(e)(3) reads as rewritten:

“(3)      After the qualifying period and through the date of the general election, the candidate shall cease campaign‑related fund‑raising activities and shall expend only the funds the candidate receives from the Fund pursuant to G.S. 163‑278.99(b) plus any funds remaining from the qualifying period and possible matching funds.period.

SECTION 13. G.S. 163‑278.99(b)(2) reads as rewritten:

“(2)      Contested primaries. — No funds shall be distributed except as provided in G.S. 163‑278.99B.distributed.

SECTION 14. G.S. 163‑278.13(e4) is repealed.

SECTION 15. This act is effective when it becomes law.