GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	2 

SENATE BILL 801
State Personnel and State Government Committee Substitute Adopted 5/9/91

Short Title:  President Pro Tempore Appointments.	(Public)
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Sponsors:
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Referred to:  
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April 24, 1991

A BILL TO BE ENTITLED
AN ACT TO FURTHER PROVIDE FOR THE SEPARATION OF POWERS BETWEEN THE LEGISLATIVE AND EXECUTIVE BRANCHES OF GOVERNMENT BY PROVIDING THAT THE PRESIDENT PRO TEMPORE OF THE SENATE RATHER THAN THE LIEUTENANT GOVERNOR SHALL MAKE APPOINTMENTS TO CERTAIN LEGISLATIVE COMMISSIONS AND COMMITTEES RELATING TO THE ENVIRONMENT AND PUBLIC UTILITIES.
Whereas, (1) the President of the Senate makes or recommends appointments to the North Carolina Courts Commission; and
Whereas, (2) the President of the Senate makes or recommends appointments to the Juvenile Law Study Commission; and
Whereas, (3) the President of the Senate makes or recommends appointments to the Crime Victims Compensation Commission; and
Whereas, (4) the President of the Senate makes or recommends appointments to the North Carolina Criminal Justice Education and Training Standards Commission; and
Whereas, (5) the President of the Senate makes or recommends appointments to the North Carolina Sheriffs' Education and Training Standards Commission; and
Whereas, (6) the President of the Senate makes or recommends appointments to the Motor Vehicle Dealers' Advisory Board; and
Whereas, (7) the President of the Senate makes or recommends appointments to the State Banking Commission; and
Whereas, (8) the President of the Senate makes or recommends appointments to the Public Officers and Employees Liability Insurance Commission; and
Whereas, (9) the President of the Senate makes or recommends appointments to the Board of Governors of the North Carolina Health Care Excess Liability Fund; and
Whereas, (10) the President of the Senate makes or recommends appointments to the North Carolina Health Insurance Trust Commission; and
Whereas, (11) the President of the Senate makes or recommends appointments to the State Fire and Rescue Commission; and
Whereas, (12) the President of the Senate in certain circumstances makes or recommends appointments to the North Carolina Utilities Commission; and
Whereas, (13) the President of the Senate makes or recommends appointments to the Private Protective Services Board; and
Whereas, (14) the President of the Senate makes or recommends appointments to the Alarm Systems Licensing Board; and
Whereas, (15) the President of the Senate makes or recommends appointments to the Disciplinary Hearing Commission; and
Whereas, (16) the President of the Senate makes or recommends appointments to the State Board of Cosmetic Art Examiners; and
Whereas, (17) the President of the Senate makes or recommends appointments to the State Board of Chiropractic Examiners; and
Whereas, (18) the President of the Senate makes or recommends appointments to the North Carolina Veterinary Medical Board; and
Whereas, (19) the President of the Senate makes or recommends appointments to the State Board of Therapeutic Recreation Certification; and
Whereas, (20) the President of the Senate makes or recommends appointments to the Southern States Energy Board; and
Whereas, (21) the President of the Senate makes or recommends appointments to the Advisory Committee to the North Carolina Members of the Low-Level Radioactive Waste Management Compact Commission; and
Whereas, (22) the President of the Senate makes or recommends appointments to the North Carolina Low-Level Radioactive Waste Management Authority; and
Whereas, (23) the President of the Senate makes or recommends appointments to the Milk Commission; and
Whereas, (24) the President of the Senate makes or recommends appointments to the Northeastern Farmers Market Commission; and
Whereas, (25) the President of the Senate makes or recommends appointments to the Southeastern Farmers Market Commission; and
Whereas, (26) the President of the Senate makes or recommends appointments to the Recreation and Natural Heritage Trust Fund Board of Trustees; and
Whereas, (27) the President of the Senate makes or recommends appointments to the North Carolina Seafood Industrial Park Authority; and
Whereas, (28) the President of the Senate makes or recommends appointments to the Energy Policy Council; and
Whereas, (29) the President of the Senate makes or recommends appointments to the State School Health Advisory Committee; and
Whereas, (30) the President of the Senate makes or recommends appointments to the Council on Educational Services for Exceptional Children; and
Whereas, (31) the President of the Senate makes or recommends appointments to the State Advisory Council on Indian Education; and
Whereas, (32) the President of the Senate makes or recommends appointments to the North Carolina Teaching Fellows Commission; and
Whereas, (33) the President of the Senate makes or recommends appointments to the Commission on School Facility Needs; and
Whereas, (34) the President of the Senate makes or recommends appointments to the Educational Facilities Finance Agency; and
Whereas, (35) the President of the Senate makes or recommends appointments to the Board of Trustees of The University of North Carolina Center for Public Television; and
Whereas, (36) the President of the Senate makes or recommends appointments to the NCCAT Board of Trustees; and
Whereas, (37) the President of the Senate makes or recommends appointments to the Board of Trustees of North Carolina School of Science and Mathematics; and
Whereas, (38) the President of the Senate makes or recommends appointments to the Board of Directors of the Arboretum; and
Whereas, (39) the President of the Senate makes or recommends appointments to the Commission on Children with Special Needs; and
Whereas, (40) the President of the Senate makes or recommends appointments to the Joint Legislative Utility Review Committee; and
Whereas, (41) the President of the Senate makes or recommends appointments to the Joint Select Committee on Low-Level Radioactive Waste; and
Whereas, (42) the President of the Senate makes or recommends appointments to the Environmental Review Commission; and
Whereas, (43) the President of the Senate makes or recommends appointments to the Legislative Ethics Committee; and
Whereas, (44) the President of the Senate makes or recommends appointments to the Legislative Committee on New Licensing Boards; and
Whereas, (45) the President of the Senate makes or recommends appointments to the Agriculture, Forestry, and Seafood Awareness Study Commission; and
Whereas, (46) the President of the Senate makes or recommends appointments to the Joint Legislative Commission on Municipal Incorporations; and
Whereas, (47) the President of the Senate makes or recommends appointments to the North Carolina Study Commission on Aging; and
Whereas, (48) the President of the Senate makes or recommends appointments to the North Carolina Housing Finance Agency; and
Whereas, (49) the President of the Senate makes or recommends appointments to the North Carolina Agricultural Finance Authority; and
Whereas, (50) the President of the Senate makes or recommends appointments to the North Carolina Housing Partnership; and
Whereas, (51) the President of the Senate makes or recommends appointments to the Governor's Council on Physical Fitness and Health; and
Whereas, (52) the President of the Senate makes or recommends appointments to the North Carolina Medical Database Commission; and
Whereas, (53) the President of the Senate makes or recommends appointments to the Board of Trustees Teachers' and State Employees' Retirement System; and
Whereas, (54) the President of the Senate makes or recommends appointments to the Committee on Employee Hospital and Medical Benefits; and
Whereas, (55) the President of the Senate makes or recommends appointments to the Board of Trustees of the Teachers' and State Employees' Comprehensive Major Medical Plan; and
Whereas, (56) the President of the Senate makes or recommends appointments to the Board of Trustees of the North Carolina Museum of Art; and
Whereas, (57) the President of the Senate makes or recommends appointments to the Advisory Budget Commission; and
Whereas, (58) the President of the Senate makes or recommends appointments to the State Building Commission; and
Whereas, (59) the President of the Senate makes or recommends appointments to the North Carolina Code Officials Qualification Board; and
Whereas, (60) the President of the Senate makes or recommends appointments to the North Carolina Wildlife Resources Commission; and
Whereas, (61) the President of the Senate makes or recommends appointments to the North Carolina Office of Local Government Advocacy; and
Whereas, (62) the President of the Senate makes or recommends appointments to the Emergency Medical Services Advisory Council; and
Whereas, (63) the President of the Senate makes or recommends appointments to the Committee on Inaugural Ceremonies; and
Whereas, (64) the President of the Senate makes or recommends appointments to the Administrative Rules Review Commission; and
Whereas, (65) the President of the Senate makes or recommends appointments to the Art Museum Building Commission; and
Whereas, (66) the President of the Senate makes or recommends appointments to the Advisory Committee on Abandoned Cemeteries; and
Whereas, (67) the President of the Senate makes or recommends appointments to the Andrew Jackson Historic Memorial Committee; and
Whereas, (68) the President of the Senate makes or recommends appointments to the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services; and
Whereas, (69) the President of the Senate makes or recommends appointments to the Consumer and Advocacy Advisory Committee for the Blind; and
Whereas, (70) the President of the Senate makes or recommends appointments to the Child Day-Care Commission; and
Whereas, (71) the President of the Senate makes or recommends appointments to the Governor's Advisory Council on Aging; and
Whereas, (72) the President of the Senate makes or recommends appointments to the North Carolina Council on the Holocaust; and
Whereas, (73) the President of the Senate makes or recommends appointments to the Property Tax Commission; and
Whereas, (74) the President of the Senate makes or recommends appointments to the Substance Abuse Advisory Council; and
Whereas, (75) the President of the Senate makes or recommends appointments to the Environmental Management Commission; and
Whereas, (76) the President of the Senate makes or recommends appointments to the Governor's Waste Management Board; and
Whereas, (77) the President of the Senate makes or recommends appointments to the Board of Transportation; and
Whereas, (78) the President of the Senate makes or recommends appointments to the North Carolina Capital Planning Commission; and
Whereas, (79) the President of the Senate makes or recommends appointments to the North Carolina Council on Interstate Cooperation; and
Whereas, (80) the President of the Senate makes or recommends appointments to the North Carolina Human Relations Commission; and
Whereas, (81) the President of the Senate makes or recommends appointments to the Governor's Advocacy Council for Persons with Disabilities; and
Whereas, (82) the President of the Senate makes or recommends appointments to the North Carolina State Commission of Indian Affairs; and
Whereas, (83) the President of the Senate makes or recommends appointments to the Governor's Advocacy Council on Children and Youth; and
Whereas, (84) the President of the Senate makes or recommends appointments to the North Carolina Internship Council; and
Whereas, (85) the President of the Senate makes or recommends appointments to the North Carolina Public Employee Deferred Compensation Plan; and
Whereas, (86) the President of the Senate makes or recommends appointments to the North Carolina Farmworker Council; and
Whereas, (87) the President of the Senate makes or recommends appointments to the North Carolina Board of Science and Technology; and
Whereas, (88) the President of the Senate in certain circumstances makes or recommends appointment of the State Controller; and
Whereas, (89) the President of the Senate makes or recommends appointments to the North Carolina Agency for Public Telecommunications; and
Whereas, (90) the President of the Senate makes or recommends appointments to the North Carolina State Ports Authority; and
Whereas, (91) the President of the Senate makes or recommends appointments to the North Carolina Technological Development Authority; and
Whereas, (92) the President of the Senate makes or recommends appointments to the Governor's Crime Commission; and
Whereas, (93) the President of the Senate makes or recommends appointments to the Local Government Commission; and
Whereas, (94) the President of the Senate makes or recommends appointments to the General Statutes Commission; and
Whereas, (95) the President of the Senate makes or recommends appointments to the North Carolina Sentencing and Policy Advisory Commission; and
Whereas, the three boards named in the body of this act have Senators as members; and
Whereas, it has been suggested that the President Pro Tempore of the Senate make these appointments; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 120-70.2 reads as rewritten:
"§ 120-70.2. Appointment of members and organization.
The Joint Committee shall consist of six sitting members of the General Assembly.  Three shall be appointed by the President Pro Tempore of the Senate from the membership of the Senate and three shall be appointed by the Speaker of the House of Representatives from the membership of the House.  Members will serve at the pleasure of their appointing officer and any vacancies occurring on the Joint Committee shall be filled by the presiding officer of the appropriate house.  The President Pro Tempore of the Senate shall designate one Senator to serve as cochairman and the Speaker of the House of Representatives shall designate one Representative to serve as cochairman.  A quorum shall consist of four members.”Sec. 2.  G.S. 120-70.3(8)	reads as rewritten:
"(8)	To undertake such additional studies or evaluations as may, from time to time, be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Legislative Research Commission, or either House of the General Assembly."
Sec. 3.  G.S. 120-70.32 reads as rewritten:
"§ 120-70.32. Membership; cochairmen; vacancies; quorum.
The Joint Select Committee shall consist of six Senators appointed by the President Pro Tempore of the Senate and six Representatives appointed by the Speaker of the House of Representatives who shall serve at the pleasure of their appointing officer.  The President Pro Tempore of the Senate shall designate one Senator to serve as cochairman and the Speaker of the House of Representatives shall designate one Representative to serve as cochairman.  Any vacancy which occurs on the Joint Select Committee shall be filled in the same manner as the original appointment.  A quorum of the Joint Select Committee shall consist of seven members."
Sec. 4.  G.S. 120-70.33(8) reads as rewritten:
"(8)	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, the Environmental Review Commission, or the Joint Legislative Utility Review Committee, and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate."
Sec. 5.  G.S. 120-70.42 reads as rewritten:
"§ 120-70.42. Membership; cochairmen; vacancies; quorum.
The Environmental Review Commission shall consist of five Senators appointed by the President Pro Tempore of the Senate, five Representatives appointed by the Speaker of the House of Representatives, who shall serve at the pleasure of their appointing officer, the Chairman of the Senate Committee on Environment and Natural Resources, and the Chairman of the House of Representatives Committee on the Environment.  The President Pro Tempore of the Senate shall designate one Senator to serve as cochairman and the Speaker of the House of Representatives shall designate one Representative to serve as cochairman.  Any vacancy which occurs on the Environmental Review Commission shall be filled in the same manner as the original appointment.  A quorum of the Environmental Review Commission shall consist of seven members."
Sec. 6.  G.S. 120-70.43(7) reads as rewritten:
"(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, 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."
Sec. 7.  This act shall not be construed to affect the validity or term of any appointment made prior to the effective date of this act.  This act is effective on and after 30 January 1991.