GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 1325

Short Title:  Confirmation/Appointments.	(Public)

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Sponsors: Senator Hoyle.

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Referred to:  Rules and Operation of the Senate.

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May 27, 1996

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR LEGISLATIVE CONFIRMATION OF CERTAIN EXECUTIVE APPOINTMENTS AND TO CHANGE THE COMPOSITION, APPOINTMENTS, AND TERMS OF VARIOUS BOARDS, COMMISSIONS, AND AUTHORITIES WITHIN STATE GOVERNMENT.
The General Assembly of North Carolina enacts:

PART I.  CONFIRMATION

–LEGISLATIVE CONFIRMATION PROCEDURE
Section 1.1.  G.S. 147-12(3c), 147-12(3d), and 147-16.3 are repealed.
Sec. 1.2.  Chapter 147 of the General Statutes is amended by adding the following new section:
"§ 147-16.4. Confirmation of appointments.
(a)	Confirmation. – A person nominated by the Governor to an office requiring confirmation by the General Assembly may take office only after having been confirmed by the General Assembly in accordance with this section, except as otherwise provided in subsections (d) and (e) of this section.
(b)	Nomination. – The Governor shall notify the President of the Senate, the Speaker of the House of Representatives, and the principal clerk of each house of the legislature of the name of the nominee subject to confirmation no later than:
(1)	February 1 of the year in which the appointment is to be made for the office of Commissioner of Banks.
(2)	May 1 of the year in which the appointment is to be made for all other offices with fixed terms.
(3)	Fifteen days following appointment of a member of an office listed in G.S. 143B-6(1) through (9) or any other office for which there is no fixed term.
(c)	Failure to timely nominate. – If the Governor fails to nominate an officer subject to confirmation by the General Assembly or fails to notify the General Assembly in accordance with this section, the General Assembly, upon the recommendation of the President Pro Tempore of the Senate and the Speaker of the House of Representatives, shall jointly nominate a person for the office, to be confirmed in the same manner as if nominated by the Governor.
(d)	Procedure. – The confirmation shall be by joint resolution. The General Assembly shall act upon a nomination by the forty-fifth day of the session or within 45 days of being notified in accordance with subsection (b) of this section, whichever is later.  If the General Assembly fails to take action on a confirmation resolution within the prescribed time, the appointee is deemed confirmed, except that an appointee whose name is submitted during the last 15 legislative days of the session is not deemed confirmed and may serve as an unconfirmed appointee no later than the forty-fifth day of the next legislative session.
  If the General Assembly takes action and fails to confirm an appointee, it shall notify the Governor, and the Governor shall submit a new nominee within 10 days.  For purposes of this section, the General Assembly has taken action and has failed to confirm if the confirmation resolution has failed second or third reading in either house.  A joint confirmation resolution may be introduced at any time the General Assembly is in session.
(e)	Appointees initially serving without confirmation. – A person appointed to an office that has no fixed term, to a vacant office, or as an acting officer under G.S. 147-12(3) may serve without confirmation until the General Assembly takes action and fails to confirm.  The appointee is deemed confirmed after the forty-fifth calendar day of the next legislative session following appointment unless the General Assembly takes action and fails to confirm before that date.
(f)	Failure to confirm. – An appointee who is not confirmed nor deemed confirmed may not be reappointed to the same office by the same Governor.
(g)	The chair of a committee to which a confirmation resolution has been assigned may request the presiding officer of that house to request a background check on an appointee subject to confirmation pursuant to G.S. 120-19.4A.
(h)	State Board of Education. – This section does not apply to appointments to the State Board of Education."

–CABINET OFFICERS CONFIRMATION
Sec. 1.3.  G.S. 143B-9 reads as rewritten:
"§ 143B-9.  Appointment of officers and employees.
The head of each principal State department, except those departments headed by popularly elected officers, shall be appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4 as to those listed in G.S. 143B-6(1)	through (9) and shall serve at the pleasure of the Governor.
The salary of the head of each of the principal State departments and of elected officials shall be as provided by law.
The head of a principal State department shall appoint a chief deputy or chief assistant, and such chief deputy or chief assistant shall not be subject to the State Personnel Act. The salary of such chief deputy or chief assistant shall, upon the recommendation of the Governor, be set by the General Assembly. Unless otherwise provided for in the Executive Organization Act of 1973, and subject to the provisions of the Personnel Act, the head of each principal State department shall designate the administrative head of each transferred agency and all employees of each division, section, or other unit of the principal State department."

–ABC COMMISSION MEMBERS AND CHAIRMAN CONFIRMATION
Sec. 1.4.  G.S. 18B-200 reads as rewritten:
"§ 18B-200.  North Carolina Alcoholic Beverage Control Commission.
(a)	Creation of Commission; compensation. – The North Carolina Alcoholic Beverage Control Commission is created to consist of a chairman and two associate members.  The chairman shall devote his full time to his official duties and receive a salary fixed by the General Assembly in the Current Operations Appropriations Act.  The associate members shall be compensated for per diem, subsistence and travel as provided in Chapter 138 of the General Statutes.
(b)	Appointment of Members. – Members of the Commission shall be appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, to serve at the pleasure of the Governor.
(c)	Vacancy. – The Governor shall fill any vacancy on the Commission by appointing a successor, subject to confirmation by the General Assembly as provided by G.S. 147-12(3e), to serve at the Governor's pleasure.  If the chairman's seat becomes vacant, the Governor may designate either the new member or an existing member of the Commission as the chairman, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.
(d)	Employees. – The Commission may authorize the chairman to employ, discharge, and otherwise supervise subordinate personnel of the Commission.  The Commission shall appoint at least one employee to make investigations, hold hearings requested under G.S. 18B-1205, and represent the Commission in contested case hearings or perform any other duties authorized by Chapter 150B."

–INDUSTRIAL COMMISSION MEMBERS AND CHAIRMAN CONFIRMATION
Sec. 1.5.  G.S. 97-77 reads as rewritten:
"§ 97-77.  North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
(a)	There is hereby created a commission to be known as the North Carolina Industrial Commission, consisting of seven commissioners who shall devote their entire time to the duties of the Commission. The Governor shall appoint the members of the Commission, one for a term of two years, one for a term of four years, and one for a term of six years. Of the additional appointments made in 1994, one shall be for a term expiring June 30, 1996, one for a term expiring June 30, 1998, and two for terms expiring June 30, 2000. Upon the expiration of each term as above mentioned, the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, shall appoint a successor for a term of six years, and thereafter the term of office of each commissioner shall be six years. Not more than three appointees shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employers, and not more than three appointees shall be persons who, on account of their previous vocations, employment or affiliations, can be classed as representatives of employees.
(b)	One member, to be designated by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, shall act as chairman. The chairman 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 shall have such authority as is necessary to direct and oversee the Commission. The chairman 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 may hire or fire personnel and transfer personnel within the Industrial Commission.
The Governor may designate one vice-chairman from the remaining commissioners. The vice-chairman shall assume the powers of the chairman upon request of the chairman or when the chairman is absent for 24 hours or more. The authority delegated to the vice-chairman shall be relinquished immediately upon the return of the chairman or at the request of the chairman."

–POST-RELEASE SUPERVISION AND PAROLE COMMISSION MEMBERS AND CHAIRMAN CONFIRMATION
Sec. 1.6.  G.S. 143B-267, as amended by Section 2.4 of this act, 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, members shall be appointed, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, for terms of 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, who shall serve 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."

–BOARD OF TRANSPORTATION CONFIRMATION/SERVE AT GOVERNOR'S PLEASURE
Sec. 1.7.  G.S. 143B-350(c) reads as rewritten:
"(c)	The Board of Transportation shall have 20 members appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  These members shall serve at the pleasure of the Governor.  One member shall be appointed from each of the 14 transportation engineering divisions and six members shall be appointed from the State at large.  One at-large member shall be a registered voter of a political party other than the political party of the Governor.  At least one at-large member shall possess a broad knowledge of public transportation matters.  No more than two members provided for in this subsection shall reside in the same engineering division while serving in office.  "

–STATE BOARD OF ELECTIONS EXECUTIVE SECRETARY-DIRECTOR CONFIRMATION
Sec. 1.8.  G.S. 163-27 reads as rewritten:
"§ 163-27.  Executive Secretary-Director to be appointed by Board.
The appointment of the Executive Secretary-Director of the State Board of Elections is extended to May 15, 1989, unless removed for proper cause, and thereafter the Board shall, subject to confirmation by the General Assembly as provided by G.S. 147-16.4 as if the appointment was made by the Governor, appoint an Executive Secretary-Director for a term of four years with compensation to be determined by the Department of Personnel. He shall serve, unless removed for cause, until his successor is appointed. Such Executive Secretary-Director shall be responsible for staffing, administration, execution of the Board's decisions and orders and shall perform such other responsibilities as may be assigned by the Board. In the event of a vacancy, the vacancy shall be filled for the remainder of the term.  An acting Executive Secretary-Director may be appointed by the State Board of Elections under the same procedures as the Governor may appoint an acting officer under G.S. 147-12(3)	and G.S. 147-16.4."

–ENVIRONMENTAL MANAGEMENT COMMISSION CONFIRMATION
Sec. 1.9.  G.S. 143B-283, as amended by Section 2.3 of this act, 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, 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 practicing as a farmer;
(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)	Two 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 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  At the expiration of each member's term, the Governor shall replace the member with a new member of like qualifications, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  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.  The initial appointment for category (9a) shall be for a four-year term commencing July 1, 1996, and expiring June 30, 2000.  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."

–HEALTH SERVICES COMMISSION CONFIRMATION
Sec. 1.10.  G.S. 130A-30 reads as rewritten:
"§ 130A-30.  Commission for Health Services – Members; selection; quorum; compensation.
(a)	The Commission for Health Services shall consist of 13 members, four of whom shall be elected by the North Carolina Medical Society and nine of whom shall be appointed by the Governor.  The members appointed by the Governor are subject to confirmation by the General Assembly as provided by G.S. 147-16.4, and the members elected by the North Carolina Medical Society are subject to confirmation by the General Assembly as provided by G.S. 147-16.4 as if those elected had been appointed by the Governor.
(b)	One of the members appointed by the Governor shall be a licensed pharmacist, one a registered engineer experienced in sanitary engineering or a soil scientist, one a licensed veterinarian, one a licensed optometrist, one a licensed dentist, and one a registered nurse. The initial members of the Commission shall be the members of the State Board of Health who shall serve for a period equal to the remainder of their current terms on the State Board of Health, three of whose appointments expire May 1, 1973, and two of whose appointments expire May 1, 1975. At the end of the respective terms of office of initial members of the Commission, their successors shall be appointed for terms of four years and until their successors are appointed and qualify. 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.
(c)	The North Carolina Medical Society shall have the right to remove any member elected by it for misfeasance, malfeasance, or nonfeasance, and the Governor shall have the right to remove any member appointed by him for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13. Vacancies on said Commission among the membership elected by the North Carolina Medical Society shall be filled by the executive committee of the Medical Society until the next meeting of the Medical Society, when the Medical Society shall fill the vacancy for the unexpired term. Vacancies on said Commission among the membership appointed by the Governor shall be filled by the Governor for the unexpired term. The filling of vacancies is subject to confirmation by the General Assembly as provided by G.S. 147-16.4.
(d)	A majority of the members of the Commission shall constitute a quorum for the transaction of business.
(e)	The members of the Commission shall receive per diem and necessary traveling and subsistence expenses in accordance with the provisions of G.S. 138-5."

–COASTAL RESOURCES COMMISSION CONFIRMATION
Sec. 1.11.  G.S. 113A-104 reads as rewritten:
"§ 113A-104. Coastal Resources Commission.
(a)	Established. – The General Assembly hereby establishes within the Department of Environment, Health, 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, 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.
(c)	Appointment of Members. – 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.
The Governor shall appoint in his sole disrection, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, after completion of the nominating procedures prescribed by subsection (d)	of this section.  The members of the Commission whose qualifications are described in subdivisions (1) through (5) and subdivision (9) 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 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.
(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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4. 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 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.
(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 shall reappoint or replace the member with a new member of like qualification (as specified in subsection (b) of this section), in the manner provided by subsections (c) and (d) of this section, subject to confirmation by the General Assembly as provided by G.S. 147-16.4. 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.
(h)	Vacancies. – In the event of a vacancy arising otherwise than by expiration of term, the Governor shall appoint a successor of like qualification (as specified in subsection (b) of this section) who shall then serve the remainder of his predecessor's term, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  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 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)	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."

–BUILDING CODE COUNCIL CONFIRMATION
Sec. 1.12.  G.S. 143-136 reads as rewritten:
"§ 143-136.  Building Code Council created; membership.
(a)	Creation; Membership; Terms. – There is hereby created a Building Code Council, which shall be composed of 15 members appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, consisting of one registered architect, one licensed general contractor, one registered architect or licensed general contractor specializing in residential design or construction, one registered engineer practicing structural engineering, one registered engineer practicing mechanical engineering, one registered engineer practicing electrical engineering, one licensed plumbing and heating contractor, one municipal or county building inspector, one licensed liquid petroleum gas dealer/contractor involved in the design of natural and liquid petroleum gas systems who has expertise and experience in natural and liquid petroleum gas piping, venting and appliances, a representative of the public who is not a member of the building construction industry, a licensed electrical contractor, a registered engineer on the engineering staff of a State agency charged with approval of plans of State-owned buildings, a municipal elected official or city manager, a county commissioner or county manager, and an active member of the North Carolina fire service with expertise in fire safety. In selecting the municipal and county members, preference should be given to members who qualify as either a registered architect, registered engineer, or licensed general contractor. Of the members initially appointed by the Governor, three shall serve for terms of two years each, three shall serve for terms of four years each, and three shall serve for terms of six years each. Thereafter, all appointments shall be for terms of six years. The Governor may remove appointive members at any time. Neither the architect nor any of the above named engineers shall be engaged in the manufacture, promotion or sale of any building material, and any member who shall, during his term, cease to meet the qualifications for original appointment (through ceasing to be a practicing member of the profession indicated or otherwise) shall thereby forfeit his membership on the Council. In making new appointments or filling vacancies, the Governor shall ensure that minorities and women are represented on the Council.
The Governor may make appointments to fill the unexpired portions of any terms vacated by reason of death, resignation, or removal from office, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  In making such appointment, he shall preserve the composition of the Council required above.
(b)	Compensation. – Members of the Building Code Council other than any who are employees of the State shall receive seven dollars ($7.00) per day, including necessary time spent in traveling to and from their place of residence within the State to any place of meeting or while traveling on official business of the Council. In addition, all members shall receive mileage and subsistence according to State practice while going to and from any place of meeting, or when on official business of the Council."

–BOARD OF AGRICULTURE/NO CONFIRMATION
Sec. 1.13.  G.S. 106-2, as amended by Section 2.1 of this act, 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 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, and one who shall be experienced in marketing to represent the marketing of products of the State. Upon the expiration of each term, the Governor shall appoint a successor. The term of office of these members shall be six years and until their successors are duly appointed and qualified.   The initial appointment of the hog farmer required by this section shall be for a six-year term beginning July 1, 1996.  Vacancies on the 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."

–ATLANTIC STATES MARINE FISHERIES COMMISSION/NO CONFIRMATION
Sec. 1.14.  G.S. 113-254 reads as rewritten:
"§ 113-254.  North Carolina members of Commission.
In pursuance of Article III of said Compact there shall be three members (hereinafter called commissioners) of the Atlantic States Marine Fisheries Commission (hereinafter called Commission) from the State of North Carolina.  The first commissioner from the State of North Carolina shall be the Fisheries Director of the Division of Marine Fisheries of the Department, ex officio, and the term of such ex officio commissioner shall terminate at the time he ceases to hold such office, and his successor as commissioner shall be his successor as Fisheries Director of the Division of Marine Fisheries.  The second commissioner from the State of North Carolina shall be a legislator and member of the Commission on Interstate Cooperation of the State of North Carolina, ex officio, designated by said Commission on Interstate Cooperation, and the term of any such ex officio commissioner shall terminate at the time he ceases to hold said legislative office or said office as Commissioner on Interstate Cooperation, and his successor as commissioner shall be named in like manner.  The Governor shall appoint a citizen as a third commissioner who shall have a knowledge of and interest in the marine fisheries problem.  The term of said Commissioner shall be three years and he shall hold office until his successor shall be appointed and qualified.  Vacancies occurring in the office of such Commissioner from any reason or cause shall be filled by appointment by the Governor for the unexpired term.  The Fisheries Director of the Division of Marine Fisheries appointed pursuant to Article III as ex officio commissioner may delegate, from time to time, to any deputy or other subordinate of the Fisheries Director, the power to be present and participate, including voting, as his representative or substitute at any meeting of or hearing by or other proceedings of the Commission.  The terms of each of the initial three members shall begin at the date of the appointment of the appointive commissioner, provided the said Compact shall then have gone into effect in accordance with Article II of the Compact; otherwise they shall begin upon the date upon which said Compact shall become effective in accordance with said Article II.
Any commissioner may be removed from office by the Governor upon charges and after a hearing."

–TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM BOARD OF TRUSTEES/NO CONFIRMATION
Sec. 1.15.  G.S. 135-6(b) reads as rewritten:
"(b)	(Applicable until January 1, 1997) Membership of Board; Terms. – The Board shall consist of 14 members, as follows:
(1)	The State Treasurer, ex officio;
(2)	The Superintendent of Public Instruction, ex officio;
(3)	Ten members to be appointed by the Governor.  One of the appointive members shall be a member of the teaching profession of the State; one of the appointive members shall be an employee of the Board of Transportation, who shall be appointed by the Governor for a term of four years commencing April 1, 1947, and quadrennially thereafter; one of the appointive members shall be a representative of higher education appointed by the Governor for a term of four years commencing July 1, 1969, and quadrennially thereafter; one of the appointive members shall be a retired teacher who is drawing a retirement allowance, appointed by the Governor for a term of four years commencing July 1, 1969, and quadrennially thereafter; one shall be a retired State employee who is drawing a retirement allowance, appointed by the Governor for a term of four years commencing July 1, 1977, and quadrennially thereafter; one to be a general State employee, and three who are not members of the teaching profession or State employees; two to be appointed for a term of two years, two for a term of three years and one for a term of four years; one appointive member shall be a law-enforcement officer employed by the State, appointed by the Governor, for a term of four years commencing April 1, 1985. At the expiration of these terms of office the appointment shall be for a term of four years;
(4)	Two members appointed by the General Assembly, one appointed upon the recommendation of the Speaker of the House of Representatives, and one appointed upon the recommendation of the President of the Senate in accordance with G.S. 120-121. Neither of these members may be an active or retired teacher or State employee or an employee of a unit of local government. The initial members appointed by the General Assembly shall serve for terms expiring June 30, 1983. Thereafter, their successors shall serve for two-year terms beginning July 1 of odd-numbered years. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122."

–COMMISSIONER OF MOTOR VEHICLES CONFIRMATION
Sec. 1.16.  G.S. 20-2 reads as rewritten:
"§ 20-2.  Commissioner of Motor Vehicles; rules.
(a)	Commissioner and Assistants. – The Division of Motor Vehicles shall be administered by the Commissioner of Motor Vehicles, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Transportation; provided that the appointment is subject to confirmation by the General Assembly as provided by G.S. 147-16.4 as if the appointment was made by the Governor.  The Commissioner shall be paid an annual salary to be fixed by the General Assembly in the Current Operations Appropriations Act and allowed his traveling expenses as allowed by law.  An acting Commissioner may be appointed by the Secretary under the same procedures as the Governor may appoint an acting officer under G.S. 147-12(3) and G.S. 147-16.4.
In any action, proceeding, or matter of any kind, to which the Commissioner of Motor Vehicles is a party or in which he may have an interest, all pleadings, legal notices, proof of claim, warrants for collection, certificates of tax liability, executions, and other legal documents, may be signed and verified on behalf of the Commissioner of Motor Vehicles by the Assistant Commissioner of Motor Vehicles or by any director or assistant director of any section of the Division of Motor Vehicles or by any other agent or employee of the Division so authorized by the Commissioner of Motor Vehicles.
(b)	Rules. – The Commissioner may adopt rules to implement this Chapter.  Chapter 150B of the General Statutes governs the adoption of rules by the Commissioner."

– CHAIRMAN OF EMPLOYMENT SECURITY COMMISSION
Sec. 1.17.  G.S. 96-3 reads as rewritten:
"§ 96-3.  Employment Security Commission.
(a)	Organization. – There is hereby created a commission to be known as the Employment Security Commission of North Carolina. The Commission shall consist of seven members to be appointed by the Governor on or before July 1, 1941. The Governor shall have the power to designate the member of said Commission who shall act as the chairman thereof, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  The chairman of the Commission shall not engage in any other business, vocation or employment. Three members of the Commission shall be appointed by the Governor to serve for a term of two years. Three members shall be appointed to serve for a term of four years, and upon the expiration of the respective terms, the successors of said members shall be appointed for a term of four years each, thereafter, and the member of said Commission designated by the Governor as chairman shall serve at the pleasure of the Governor. Any member appointed to fill a vacancy occurring in any of the appointments made by the Governor prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, provided that the designation of a chairman to fill a vacancy is subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  The Governor may at any time after notice and hearing, remove any Commissioner for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.
(b)	Divisions. – The Commission shall establish two coordinate divisions: the North Carolina State Employment Service Division, created pursuant to G.S. 96-20, and the Unemployment Insurance Division. Each division shall be responsible for the discharge of its  distinctive functions. Each division shall be a separate administrative unit with respect to personnel and duties, except insofar as the Commission may find that such separation is impracticable.  Notwithstanding any other provision of this Chapter, administrative organization of the agency shall be in accordance with that which the Commission finds most desirable in order to perform the duties and functions of the agency.
(c)	Salaries. – The chairman of the Employment Security Commission of North Carolina shall be paid from the Employment Security Administration Fund a salary payable on a monthly basis, which salary shall be fixed by the General Assembly in the Current Operations Appropriations Act; and the members of the Commission, other than the chairman, shall each receive the same amount per diem for their services as is provided for the members of other State boards, commissions, and committees who receive compensation for their services as such, including necessary time spent in traveling to and from his place of residence within the State to the place of meeting while engaged in the discharge of the duties of his office and his actual traveling expenses, the same to be paid from the aforesaid fund.
(d)	Quorum. – The chairman or his designee and three members of the Commission shall constitute a quorum."

–BANKING COMMISSIONER (CONFORMING CHANGES)
Sec. 1.18.  G.S. 53-92 reads as rewritten:
"§ 53-92.  (Applicable until January 1, 1997) Appointment of Commissioner of Banks; State Banking Commission.
On or before April 1, 1983, and quadrennially thereafter, the Governor shall appoint a Commissioner of Banks subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  The term of office for the Commissioner of Banks shall be four years. 
The State Banking Commission, which has heretofore been created, shall consist of the State Treasurer, who shall serve as an ex officio member thereof, 12 members appointed by the Governor, and two members appointed by the General Assembly under G.S. 120-121, one of whom shall be appointed upon the recommendation of the President of the Senate and one of whom shall be appointed upon the recommendation of the Speaker of the House of Representatives. The Governor shall appoint five practical bankers and seven persons selected primarily as representatives of the borrowing public. The person appointed by the General Assembly upon the recommendation of the President of the Senate shall be a practical banker. The person appointed by the General Assembly upon the recommendation of the Speaker of the House shall be a person selected primarily as a representative of the borrowing public. The persons selected primarily as representatives of the borrowing public shall not be employees or directors of any financial institution nor shall they have any interest in any regulated financial institution other than as a result of being a depositor or borrower. Under this section, no person shall be considered to have an interest in a financial institution whose interest in any financial institution does not exceed one-half of one percent (1/2 of 1%) of the capital stock of that financial institution. These members of the Commission shall be selected so as to fully represent the consumer, industrial, manufacturing, professional, business and farming interests of the State. No person shall serve on the Commission for more than two complete consecutive terms. As the terms of office of the appointive members of the Commission expire, their successors shall be appointed by the person appointing them, for terms of four years each. Any vacancy occurring in the membership of the Commission shall be filled by the appropriate appointing officer for the unexpired term, except that vacancies among members appointed by the General Assembly shall be filled in accordance with G.S. 120-122. The appointed members of the Commission shall receive as compensation for their services the same per diem and expenses as is paid to the members of the Advisory Budget Commission.  This compensation shall be paid from the fees collected from the examination of banks as provided by law.
The Banking Commission shall meet at such time or times, and not less than once every three months, as the Commission shall, by resolution, prescribe, and the Commission may be convened in special session at the call of the Governor, or upon the request of the Commissioner of Banks. The State Treasurer shall be chairman of the said Commission.
No member of said Commission shall act in any matter affecting any bank in which he is financially interested, or with which he is in any manner connected. No member of said Commission shall divulge or make use of any information coming into his possession as a result of his service on such Commission, and shall not give out any information with reference to any facts coming into his possession by reason of his services on such Commission in connection with the condition of any State banking institution, unless such information shall be required of him at any hearing at which he is duly subpoenaed, or when required by order of a court of competent jurisdiction.
A quorum shall consist of a majority of the total membership of the Banking Commission. A majority vote of the members qualified with respect to a matter under review present at that meeting shall constitute valid action of the Banking Commission. The State Treasurer and all disqualified members who are present shall be counted to determine whether a quorum is present at a meeting.
The Commissioner of Banks shall act as the executive officer of the Banking Commission, but the Commission shall provide, by rules and regulations, for hearings before the Commission upon any matter or thing which may arise in connection with the banking laws of this State upon the request of any person interested therein, and review any action taken or done by the Commissioner of Banks.
The Banking Commission is hereby vested with full power and authority to supervise, direct and review the exercise by the Commissioner of Banks of all powers, duties, and functions now vested in or exercised by the Commissioner of Banks under the banking laws of this State; any party to a proceeding before the Banking Commission may, within 20 days after final order of said Commission and by written notice to the Commissioner of Banks, appeal to the Superior Court of Wake County for a final determination of any question of law which may be involved. The cause shall be entitled 'State of North Carolina on Relation of the Banking Commission against (here insert name of appellant).' It shall be placed on the civil issue docket of such court and shall have precedence over other civil actions. In the event of an appeal the Commissioner shall certify the record to the Clerk of Superior Court of Wake County within 15 days thereafter."

–STATE CONTROLLER (CONFORMING CHANGES)
Sec. 1.19.  G.S. 143B-426.37 reads as rewritten:
"§ 143B-426.37.  State Controller.
(a)	The Office of the State Controller shall be headed by the State Controller who shall maintain the State accounting system and shall administer the State disbursing system.
(b)	The State Controller shall be a person qualified by education and experience for the office and shall be appointed by the Governor subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  The term of office of the State Controller shall be for seven years; the first full term shall begin July 1, 1987.
(c)	The salary of the State Controller shall be set by the General Assembly in the Current Operations Appropriations Act."

–UTILITIES COMMISSION (CONFORMING CHANGES)
Sec. 1.20.  G.S. 62-10 reads as rewritten:
"§ 62-10. Number; appointment; terms; qualifications; chairman; vacancies; compensation; other employment prohibited.
(a)	The North Carolina Utilities Commission shall consist of seven commissioners who shall be appointed by the Governor subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  This subsection shall be subject to the provisions of subsection (c) of this section.
(b)	The terms of the commissioners now serving shall expire at the conclusion of the term for which they were appointed which shall remain as before with two regular eight-year terms expiring on July 1 of each fourth year after July 1, 1965, and the fifth term expiring on July 1 of each eighth year after July 1, 1963. The terms of office of utilities commissioners thereafter shall be eight years commencing on July 1 of the year in which the predecessor terms expired, and ending on July 1 of the eighth year thereafter.
(c)	In order to increase the number of commissioners to seven, the names of two additional commissioners shall be submitted to the General Assembly on or before May 27, 1975, for confirmation by the General Assembly as provided in G.S. 62-10(a). The commissioners so appointed and confirmed shall serve new terms commencing on July 1, 1975, one of which shall be for a period of two years (with the immediate successor serving for a period of six years), and one of which shall be for a period of two years.
Thereafter, the terms of office of the additional commissioners shall be for eight years as provided in G.S. 62-10(b).
(d)	A commissioner in office shall continue to serve until his successor is duly confirmed and qualified but such holdover shall not affect the expiration date of such succeeding term.
(e)	On July 1, 1965, and every four years thereafter, one of the commissioners shall be designated by the Governor to serve as chairman of the Commission for the succeeding four years and until his successor is duly confirmed and qualifies. Upon death or resignation of the commissioner appointed as chairman, the Governor shall designate the chairman from the remaining commissioners and appoint a successor as hereinafter provided to fill the vacancy on the Commission.
		(h)	The salary of each commissioner and that of the commissioner designated as chairman shall be set by the General Assembly in the Current Operations Appropriations Act. In lieu of merit and other increment raises paid to regular State employees, each commissioner, including the commissioner designated as chairman, shall receive as longevity pay an amount equal to four and eight-tenths percent (4.8%) of the annual salary set forth in the Current Operations Appropriations Act payable monthly after five years of service, and nine and six-tenths percent (9.6%) after 10 years of service. "Service" means service as a member of the Utilities Commission.
(i)	The standards of judicial conduct provided for judges in Article 30 Chapter 7A of the General Statutes shall apply to members of the Commission. Members of the Commission shall be liable to impeachment for the causes and in the manner provided for judges of the General Court of Justice in Chapter 123 of the General Statutes. Members of the Commission shall not engage in any other employment, business, profession, or vocation while in office.
(j)	Members of the Commission shall be reimbursed for travel and subsistence expenses at the rates allowed to State officers and employees by G.S. 138-6(a)."

–EXECUTIVE DIRECTOR OF UTILITIES COMMISSION (CONFORMING CHANGES)
Sec. 1.21. G.S. 62-15(a) reads as rewritten:
"(a)	There is established in the Commission the office of executive director, whose salary shall be the same as that fixed for members of the Commission. The executive director shall be appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4.  The term of office for the executive director shall be six years, and the initial term shall begin July 1, 1977. The executive director may be removed from office by the Governor in the event of his incapacity to serve; and the executive director shall be removed from office by the Governor upon the affirmative recommendation of a majority of the Commission, after consultation with the Joint Legislative Utility Review Committee of the General Assembly. "

–STATE PERSONNEL COMMISSION (CONFORMING CHANGES)
Sec. 1.22.  G.S. 126-2(b), as amended by Section 2.6 of this act, reads as rewritten:
"(b)	The Commission shall consist of seven members who shall be appointed by the Governor, subject to confirmation by the General Assembly as provided by G.S. 147-16.4, as follows:
(1)	Two members 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.  At least one of these two members must be knowledgeable of personnel issues but may not be a personnel officer for an agency. 
(2)	Two members shall be appointed from a list of individuals nominated by the North Carolina Association of County Commissioners, 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.  Of these two members, one must also be an employee of a local government subject to this Chapter.
(3)	One member shall be appointed who is actively engaged in the management of a private business or industry.
(4)	Two 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 neither a State nor 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, subject to confirmation by the General Assembly as provided by G.S. 147-16.4."
Sec. 1.23.  G.S. 126-2(c) is repealed.

PART II.  BOARDS AND COMMISSIONS CHANGES

–BOARD OF AGRICULTURE
Section 2.1.  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 experienced in marketing to represent the marketing of products of the State. The members of such Board shall be appointed by the Governor by and with the consent of the Senate, 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, 1996.  Vacancies on the 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."

–GOVERNOR'S CRIME COMMISSION
Sec. 2.2.  (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. Of these appointees, two shall be members of the political party having the largest number of registered voters in the State, and two 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) G.S. 143B-478(b)(3) reads as rewritten:
"(3)	The following members shall be appointed by the Governor from a list submitted by the Chief Justice of the Supreme Court: the judge of superior court, the judge of district court specializing in juvenile matters, and the chief district court judge.  The Chief Justice shall submit a list of at least three nominees for each position within 30 days after a vacancy in the judicial membership. Of the three or more nominees for each position, at least one shall be a member of the political party having the largest number of registered voters in the State, and at least one shall be a member of the political party having the second largest number of registered voters in the State."

–ENVIRONMENTAL MANAGEMENT COMMISSION
Sec. 2.3.  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 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 practicing as a farmer;
(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)	Two 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 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.  The initial appointment for category (9a) shall be for a four-year term commencing July 1, 1996, and expiring June 30, 2000.  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. 2.4. 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. 2.5. G.S. 126-2(b) reads as rewritten:
"(b)	The Commission shall consist of seven members who shall be appointed by the Governor as follows:
(1)	Two members 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.  At least one of these two members must be knowledgeable of personnel issues but may not be a personnel officer for an agency.
(2)	Two members shall be appointed from a list of individuals nominated by the North Carolina Association of County Commissioners, 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.  Of these two members, one must also be an employee of a local government subject to this Chapter.
(3)	One member shall be appointed who is actively engaged in the management of a private business or industry.
(4)	Two 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 neither a State nor 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."

–ZOOLOGICAL PARK COUNCIL
Sec. 2.6.  (a) 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. The Governor shall appoint four members for two-year terms commencing July 1, 1996.  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, 1996.  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, 1996. 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."
(b) The terms of all positions on the North Carolina Zoological Park Council as of the effective date of this Part expire June 30, 1996.

PART III.  EFFECTIVE DATES AND OTHER CHANGES

Sec. 3.1.  G.S. 120-19.4A reads as rewritten:
"§ 120-19.4A.  Requests to State Bureau of Investigation for background investigation of a person who must be confirmed by legislative action.
The President Pro Tempore of the Senate or the Speaker of the House may request that the State Bureau of Investigation perform a background investigation on a person who must be appointed or confirmed by the General Assembly, the Senate, or the House of Representatives.  The person being investigated shall be given written notice by regular mail at least 10 days prior to the date that the State Bureau of Investigation is requested to perform the background investigation by the officer of the body from which the request originated.  There is a rebuttable presumption that the person being investigated received the notice if the presiding officer has a copy of the notice.  The State Bureau of Investigation shall perform the requested background investigation and shall provide the information, including criminal records, to the officer of the body from which the request originated.  A copy of the information also shall be provided to the person being investigated. The term 'background investigation' shall be limited to an investigation of a person's criminal record, educational background, employment record, records concerning the listing and payment of taxes,  and credit record, and to a requirement that the person provide the information contained in the statements of economic interest required to be filed by persons subject to Executive Order Number 1, filed on January 31, 1985, as contained on pages 1405 through 1419 of the 1985 Session Laws (First Session, 1985)."
Sec. 3.2.  Part I of this act shall become effective only if the constitutional amendments proposed in Chapter 5 of the 1995 Session Laws, AN ACT TO PROVIDE FOR A REFERENDUM TO AMEND THE CONSTITUTION TO PROVIDE FOR A GUBERNATORIAL VETO, are approved by the qualified voters of this State in the referendum held pursuant to Chapter 5 of the 1995 Session Laws.  If those constitutional amendments are approved, then this act shall become effective upon the certification by the State Board of Elections to the Secretary of State that those amendments have been approved and shall apply to terms of office and vacancies occurring on or after that certification.  The remainder of this act is effective upon ratification, and applies, except as provided in Section 2.6, to terms of office and vacancies occurring on or after that date.