GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	3 

HOUSE BILL 673
Committee Substitute Favorable 5/4/95
Third Edition Engrossed 5/10/95

Short Title:  Restructure State Gov't Bds & Comns.	(Public)
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Sponsors:
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Referred to:  
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March 30, 1995

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE COMPOSITION, APPOINTMENTS, AND TERMS OF VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES WITHIN STATE GOVERNMENT.
The General Assembly of North Carolina enacts:
–BOARD OF AGRICULTURE
Section 1.  (a)	G.S. 106-2 reads as rewritten:
"§ 106-2.  Department of Agriculture, Immigration, and Statistics established; Board of Agriculture, membership, terms of office, etc.
The Department of Agriculture, Immigration, and Statistics is created and established and shall be under the control of the Commissioner of Agriculture, with the consent and advice of a board to be styled 'The Board of Agriculture.' The Board of Agriculture shall consist of the Commissioner of Agriculture, who shall be ex officio a member and chairman thereof and shall preside at all meetings, and of 11 other members from the State at large, so distributed as to reasonably represent the different sections and agriculture of the State. In the appointment of the members of the Board the Governor shall also take into consideration the different agricultural interests of the State, and shall appoint one member who shall be a practical tobacco farmer to represent the tobacco farming interest, one who shall be a practical cotton grower to represent the cotton interest, one who shall be a practical truck farmer or general farmer to represent the truck and general farming interest, one who shall be a practical dairy farmer to represent the dairy and livestock interest of the State, one who shall be a practical poultryman to represent the poultry interest of the State, one who shall be a practical peanut grower to represent the peanut interests,  one who shall be a hog farmer to represent the interest of hog farmers, one who shall be a man experienced in marketing to represent the marketing of products of the State. The members of such Board shall be appointed by the Governor subject to approval of the General Assembly by joint resolution, when the terms of the incumbents respectively expire. The term of office of such members shall be six years and until their successors are duly appointed and qualified. The terms of office of the five members constituting the present Board of Agriculture shall continue for the time for which they were appointed. In making appointments for the enlarged Board of Agriculture, the Governor shall make the appointments so that the term of three members will be for two years, three for four and four for six years. Thereafter the appointments shall be made for six years.  The initial appointment of the hog farmer required by this section shall be for a six-year term beginning July 1, 1995.  Vacancies in such Board shall be filled by the Governor for the unexpired term. The Commissioner of Agriculture and the members of the Board of Agriculture shall be practical farmers engaged in their profession."
(b) Confirmation by the General Assembly rather than by the Senate shall be for terms commencing on or after July 1, 1995. 
–STATE BUILDING COMMISSION
Sec. 2.  G.S. 143-135.25(c) reads as rewritten:
"(c)	The Commission shall consist of 11 members qualified and appointed as follows:
(1)	A licensed architect whose primary practice is or was in the design of buildings, chosen from among not more than three persons nominated by the North Carolina Chapter of the American Institute of Architects, appointed by the Governor.
(2)	A registered engineer whose primary practice is or was in the design of engineering systems for buildings, chosen from among not more than three persons nominated by the Consulting Engineers Council and the Professional Engineers of North Carolina, appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(3)	A licensed building contractor whose primary business is or was in the construction of buildings, or an employee of a company holding a general contractor's license, chosen from among not more than three persons nominated by the Carolinas AGC (Associated General Contractors), appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(4)	A licensed electrical contractor whose primary business is or was in the installation of electrical systems for buildings, chosen from among not more than three persons nominated by the North Carolina Association of Electrical Contractors, and the Carolinas Electrical Contractors' Association, appointed by the Governor.
(5)	A public member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(6)	A licensed mechanical contractor whose primary business is or was in the installation of mechanical systems for buildings, chosen from among not more than three persons nominated by the North Carolina Association of Plumbing, Heating, Cooling Contractors, appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(7)	An employee of the university system currently involved in the capital facilities development process, chosen from among not more than three persons nominated by the Board of Governors of The University of North Carolina, appointed by the Governor.
(8)	A public member who is knowledgeable in the building construction or building maintenance area, appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121.
(9)	A manager of physical plant operations whose responsibilities are or were in the operations and maintenance of physical facilities, chosen from among not more than three persons nominated by the North Carolina Association of Physical Plant Administrators, appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
(10)	A public member appointed by the Governor.
(11)	A local government official appointed by the Governor.
The members shall be appointed for staggered three-year terms: The initial appointments to the Commission shall be made within 15 days of the effective date of this act. The initial terms of members appointed pursuant to subdivisions (1), (2), and (3) shall expire June 30, 1990; the initial terms of members appointed pursuant to (4), (5), and (6) shall expire June 30, 1989; and the initial terms of members appointed pursuant to (7), (8), and (9) shall expire June 30, 1988.  The initial terms of members appointed pursuant to subdivisions (9) and (10) of this subsection shall expire June 30, 1998. Members may serve no more than six consecutive years. In making new appointments or filling vacancies, the Governor shall ensure that minorities and women are represented on the Commission.
Vacancies in appointments made by the Governor shall be filled by the Governor for the remainder of the unexpired terms. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Persons appointed to fill vacancies shall qualify in the same manner as persons appointed for full terms.
The chairman of the Commission shall be elected by the Commission. The Secretary of State shall serve as chairman until a chairman is elected."
–GOVERNOR'S CRIME COMMISSION
Sec. 3.  (a)	G.S. 143B-478(a)(1) reads as rewritten:
"(1)	The voting members shall be:
a.	The Governor, the Chief Justice of the Supreme Court of North Carolina (or his alternate), the Attorney General, the Director of the Administrative Office of the Courts, the Secretary of the Department of Human Resources, the Secretary of the Department of Correction, and the Superintendent of Public Instruction;
b.	A judge of superior court, a judge of district court specializing in juvenile matters, a chief district court judge, and a district attorney;  two of whom shall be members of the political party having the largest number of registered voters in the State, and two of whom shall be members of the political party having the second largest number of registered voters in the State.
c.	A defense attorney, three sheriffs (one of whom shall be from a 'high crime area'), three police executives (one of whom shall be from a 'high crime area'), six citizens (two with knowledge of juvenile delinquency and the public school system, two of whom shall be under the age of 21 at the time of their appointment, one representative of a "private juvenile delinquency program," and one in the discretion of the Governor), three county commissioners or county officials, and three mayors or municipal officials;
d.	Two members of the North Carolina House of Representatives, one of whom is a member of the political party having the greatest number of members in the House of Representatives and one of whom is a member of the political party having the second highest number of members in the House of Representatives and two members of the North Carolina Senate, one of whom is a member of the political party having the greatest number of members in the Senate and one of whom is a member of the political party having the second highest number of members in the Senate."
(b) The requirements of this section shall be complied with as terms of existing members expire.
–ENVIRONMENTAL MANAGEMENT COMMISSION
Sec. 4.  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 15 members appointed by the Governor and four members appointed by the General Assembly in accordance with subsection (d) of this section.   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 Health Services 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 connected with industrial production or have had experience 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;
(9a)	One who shall, at the time of appointment, be a farmer owning less than 100 acres of land;
(9b)	One who shall, at the time of appointment, be a builder or developer;
(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.
(b)	Members so appointed 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. At the expiration of each member's term, the Governor shall replace the member with a new member of like qualifications. The initial members of the Environmental Management Commission shall be those members of the present Board of Water and Air Resources who shall meet the above standards for membership on the Environmental Management Commission and who shall serve on the Environmental Management Commission for a period equal to the remainder of their current terms on the Board of Water and Air Resources, four of whose appointments expire June 30, 1975, five of whose appointments expire June 30, 1977, and four of whose appointments expire June 30, 1979. Any initial appointment to replace a member of the present Board of Water and Air Resources who does not meet the above standards for membership on the Environmental Management Commission shall be for a period equal to the replaced member's unexpired term.  Initial appointments for categories (9a) and (9b) shall be for four-year terms commencing July 1, 1995, and expiring June 30, 1999.  Successors shall be appointed for six-year terms.
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.
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.
A majority of the Commission shall constitute a quorum for the transaction of business.
All clerical and other services required by the Commission shall be supplied by the Secretary of Environment, Health, 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, 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.
(d)	In addition to the members designated by subsection (a), the General Assembly shall appoint four members, two upon the recommendation of the Speaker of the House of Representatives, and two upon the recommendation of the President 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. The terms of initial appointees by the General Assembly shall expire on June 30, 1983. Thereafter, these members shall serve two-year terms."
–POST-RELEASE SUPERVISION AND PAROLE COMMISSION
Sec. 5.  Effective July 1, 1996, G.S. 143B-267 reads as rewritten:
"§ 143B-267.  Post-Release Supervision and Parole Commission – members; selection; removal; chairman; compensation; quorum; services.
The Post-Release Supervision and Parole Commission shall consist of three full-time members.  The three full-time members shall be appointed by the Governor from persons whose recognized ability, training, experience, and character qualify them for service on the Commission.  The terms of office of the five members presently serving on the Commission shall expire on June 30, 1993.  The terms of three members appointed effective July 1, 1993, shall be for three years, but only one successor shall be appointed for terms commencing on or after July 1, 1996.  The terms of two members appointed effective July 1, 1993, shall be for four years.  Thereafter, the terms of office of persons appointed by the Governor as members of the Commission shall be for four years or until their successors are appointed and qualify.  Any appointment to fill a vacancy on the Commission created by the resignation, removal, death or disability of a full-time member shall be for the balance of the unexpired term only.
The Governor shall have the authority to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance, pursuant to the provisions of G.S. 143B-13.  The Governor shall designate a full-time member of the Commission to serve as chairman of the Commission at the pleasure of the Governor.
With regard to the transaction of the business of the Commission the following procedure shall be followed: The chairman shall designate panels of two voting Commission members and shall designate a third commissioner to serve as an alternate member of a panel.  Insofar as practicable, the chairman shall assign the members to panels in such fashion that each commissioner sits a substantially equal number of times with each other commissioner.  Whenever any matter of business, such as the granting, denying, revoking or rescinding of parole, or the authorization of work-release privileges to a prisoner, shall come before the Commission for consideration and action, the chairman shall refer such matter to a panel.  Action may be taken by concurring vote of the two sitting panel members.  If there is not a concurring vote of the two panel members, the matter will be referred to the alternate member who shall cast the deciding vote.  However, no person serving a sentence of life imprisonment shall be granted parole or work-release privileges except by majority vote of the full Commission.
The full-time members of the Commission shall receive the salary fixed by the General Assembly in the Current Operations Appropriations Act and shall receive necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-6.
All clerical and other services required by the Commission shall be supplied by the Secretary of Correction."
–STATE PERSONNEL COMMISSION
Sec. 6. (a)	G.S. 126-2(b) reads as rewritten:
"(b)	The Commission shall consist of nine members who shall be appointed by the Governor on July 1, 1965, or as soon thereafter as is practicable. Two members of the Commission shall be chosen from employees of the State subject to the provisions of this Chapter, one of whom shall be a member of the political party having the greatest number of registered voters in the State, and one of whom shall be a member of the political party having the second highest number of registered voters in the State; two members shall be appointed, of which one shall be an employee of local government subject to the provisions of this Chapter, one of whom shall be a member of the political party having the greatest number of registered voters in the State, and one of whom shall be a member of the political party having the second highest number of registered voters in the State, from a list of individuals nominated by the North Carolina association of county commissioners; two members shall be individuals actively engaged in the management of a private business or industry; and three members shall be appointed from the public at large, one of whom shall be an attorney licensed to practice law in North Carolina who is not a State or local government employee.  Of the initial members of the Commission, two shall be appointed to serve for terms of two years, two shall be appointed to serve for terms of four years, and three shall be appointed to serve for terms of six years.  Their successors shall be appointed by the Governor for terms of six years.  Any vacancy occurring prior to the expiration of a term shall be filled by appointment for the unexpired term."
(b) The requirements of this section shall be complied with as terms of members expire.
–PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPOINT FOUR MEMBERS TO THE BOARD OF TRUSTEES FOR EACH CONSTITUENT INSTITUTION OF THE UNIVERSITY OF NORTH CAROLINA
Sec. 7. (a)	Effective July 1, 1995, G.S. 116-31(d) reads as rewritten:
"(d)	Effective July 1, 1995, each of the 16 constituent institutions shall have board of trustees composed of 17 persons chosen as follows:
(1)	Eight elected by the Board of Governors,
(1a)	Four appointed by the General Assembly, two upon the recommendation of the President Pro Tempore of the Senate and two upon the recommendation of the Speaker of the House of Representatives, all in accordance with G.S. 120-121,
(2)	Four appointed by the Governor, and 
(3)	The president of the student government ex officio."
(b)	Effective July 1, 1995, G.S. 116-31(e) reads as rewritten:
"(e)	From and after July 1, 1973, the term of office of all trustees, except the ex officio member, shall be four years, commencing on July 1 of odd-numbered years. In every odd-numbered year the Board of Governors shall elect four persons to each board of trustees, the Governor shall appoint two persons to each board of trustees, and the General Assembly shall appoint two persons to each board of trustees."
(c)	Effective July 1, 1995, G.S. 116-31 is amended by adding a new subsection to read:
"( f1)	In appointing members of each board of trustees to serve commencing July 1, 1995, the General Assembly shall make its appointments based upon the recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives who shall each designate two persons, one for a four-year term and one for a two-year term."
(d)	Effective July 1, 1995, G.S. 116-31(j) reads as rewritten:
"(j)	From and after July 1, 1973, whenever any vacancy shall occur in the membership of a board of trustees among those appointed by the Governor, it shall be the duty of the secretary of the board to inform the Governor of the existence of such vacancy, and the Governor shall appoint a person to fill the unexpired term.  From and after July 1, 1973, whenever any vacancy shall occur among those elected by the Board of Governors, it shall be the duty of the secretary of the board to inform the Board of Governors of the existence of the vacancy, and the Board of Governors shall elect a person to fill the unexpired term.  From and after July 1, 1995, whenever any vacancy shall occur among those appointed by the General Assembly, it shall be the duty of the secretary of the board to inform the President Pro Tempore of the Senate and the Speaker of the House of Representatives of the existence of the vacancy, and the vacancy shall be filled in accordance with G.S. 120-122 for the unexpired term.  Whenever a member shall fail, for any reason other than ill health or service in the interest of the State or nation, to be present for three successive regular meetings of a board of trustees, his place as a member shall be deemed vacant."
–BOARDS OF TRUSTEES OF COMMUNITY COLLEGES
Sec. 8. (a) Effective with respect to terms commencing on and after July 1, 1995, G.S. 115D-12(a) reads as rewritten:
"(a)	Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies.
Group One – four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D-59.  No board of education shall elect any person employed by the board of education to serve as a trustee, however, any such person currently serving on a board of trustees shall be permitted to fulfill the unexpired portion of the trustee's current term.
Group Two – four trustees, elected by the board of commissioners of the county in which the institution is located. Provided, however, if the administrative area of the institution is composed of two or more counties, the trustees shall be elected jointly by the boards of commissioners of all those counties, each board having one vote in the election of each trustee. Provided, also, the county commissioners of the county in which the community college has established a satellite campus may elect an additional two members if the board of trustees of the community college agrees. Should the boards of education or the boards of commissioners involved be unable to agree on one or more trustees the senior resident superior court judge in the superior court district or set of districts as defined in G.S. 7A-41.1 where the institution is located shall fill the position or positions by appointment.
Group Three –two trustees, appointed by the Governor.
Group Four – the president of the student government or the chairman of the executive board of the student body of each community college established pursuant to G.S. 115D shall be an ex officio nonvoting member of the board of trustees of each said institution.
Group Five – one trustee appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.
Group Six – one trustee appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121."
(b) This section shall be implemented as the next two terms appointed by the Governor to each community college expires.  If at the expiration of the first term appointed by the Governor to a particular community college there is not a second appointment expiring at the same time, then the State Board of Community Colleges shall designate by lot whether the first appointment to that board shall be for Group Five or Group Six.
–ZOOLOGICAL PARK COUNCIL
Sec. 9.  Effective July 1, 1995,  G.S. 143B-336 reads as rewritten:
"§ 143B-336. North Carolina Zoological Park Council – members; selection; removal; chairman; compensation; quorum; services.
The North Carolina Zoological Park Council of the Department of Environment, Health, and Natural Resources shall consist of 13 members, four members appointed by the Governor, the Chairman of the Board of Directors of the North Carolina Zoological Society ex officio, four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, and four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121. All existing terms expire June 30, 1995. The Governor shall appoint four members for two-year terms commencing July 1, 1995.  The General Assembly upon the recommendation of the Speaker of the House of Representatives shall appoint four members for four-year terms commencing July 1, 1995.  The General Assembly upon the recommendation of the President Pro Tempore of the Senate shall appoint four members for four-year terms commencing July 1, 1995. Thereafter, the appointment of their successors shall be for terms of four years and until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
The Governor shall designate a member of the Council to serve as chairman at his pleasure.
Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business.
All clerical and other services required by the Council shall be supplied by the Secretary of Environment, Health, and Natural Resources."
Sec. 10.  This act is effective upon ratification.