S474: Obsolete Bds/Judicial and Admin. Changes. Latest Version

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2019
S 5

SENATE BILL 474
State and Local Government Committee Substitute Adopted 4/30/19
Third Edition Engrossed 5/6/19
House Committee Substitute Favorable 7/7/20
Fifth Edition Engrossed 7/7/20

Short Title: Obsolete Bds/Judicial and Admin. Changes. (Public)
Sponsors:

Referred to:

April 3, 2019

1 A BILL TO BE ENTITLED
2 AN ACT TO ABOLISH OBSOLETE BOARDS AND COMMISSIONS THAT ARE NO

3 LONGER FUNCTIONAL, MODIFY THE REQUIREMENTS FOR EMERGENCY
4 JUDGES, TRANSFER THE BOXING COMMISSION FROM THE DEPARTMENT OF
5 COMMERCE TO THE DEPARTMENT OF PUBLIC SAFETY, AND TO EXTEND
6 SUNSET ON WAIVER OF REQUIRING WITNESSES FOR HEALTH CARE POWERS
7 OF ATTORNEY AND FOR ADVANCED DIRECTIVES FOR A NATURAL DEATH.
8 Whereas, several boards and commissions within State government appear to be no
9 longer functional and should be abolished; and

10 Whereas, some boards and commissions were established to oversee programs that
11 no longer exist; and
12 Whereas, certain boards and commissions either have no appointed members, have
13 not met in several years, have not reported recent activity, or have no discoverable information;
14 and
15 Whereas, as a result of inactivityof some boards and commissions, previous attempts
16 have been made to abolish them; Now, therefore,

17 The General Assembly of North Carolina enacts:
18
19 BOARD OF DIRECTORS OF THE CERTIFICATION ENTITY FOR THE PHASE II
20 SETTLEMENT FUNDS
21 SECTION 1. The Board of Directors of the Certification Entity for Phase II
22 Settlement Funds, as authorized by S.L. 1999-333, is abolished.

23
24 NC AGENCY FOR PUBLIC TELECOMMUNICATIONS
25 SECTION 2.(a) Part 22 of Article 9 of Chapter 143B of the General Statutes is
26 repealed.
27 SECTION 2.(b) G.S. 138A-3(70)r. is repealed.
28
29 CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT COMMISSION

30 SECTION 3. S.L. 2013-358, except Section 2, and S.L. 2014-10 are repealed.
31
32 BOARD OF DIRECTORS OF THE CHARLOTTE REGIONAL PARTNERSHIP

*S474-v-5* General Assembly Of North Carolina Session 2019

1 SECTION 4. The Board of Directors of the Charlotte Regional Partnership, Inc., as
2 authorized by Article 2 of Chapter 158 of the General Statutes, is abolished.
3
4 COMMISSION ON SCHOOL TECHNOLOGY
5 SECTION 5.(a) G.S. 115C-102.5 is repealed.
6 SECTION 5.(b) G.S. 115C-102.6 reads as rewritten:
7 "§ 115C-102.6. Duty to propose a State school technology plan.

8 The State Board of Education shall propose a State school technology plan that ensures the
9 effective use of technology is built into the North Carolina Public School System for the purpose
10 of preparing a globally competitive workforce and citizenry for the 21st century. The
11 Commission on School Technologywill advise the State Board of Education on the State School
12 Technology Plan and its components."
13
14 DATA INTEGRATION STEERING COMMITTEE

15 SECTION 6. Section 6A.20(b) of S.L. 2011-145 is repealed.
16
17 GRANTS MANAGEMENT OVERSIGHT COMMITTEES
18 SECTION 7.(a) Section 6A.7 of S.L. 2011-145, as amended by Section 11(d) of
19 S.L. 2011-391 and Section 6A.10 of S.L. 2012-142, is repealed.
20 SECTION 7.(b) Section 7.14(b) of S.L. 2013-360 is repealed.

21
22 LEGISLATIVE COMMISSION ON METHAMPHETAMINE ABUSE
23 SECTION 9.(a) Article 25A of Chapter 120 of the General Statutes is repealed.
24 SECTION 9.(b) G.S. 90-113.64 reads as rewritten:
25 "§ 90-113.64. SBI annual report.
26 Beginning with the 2011 calendar year, the State Bureau of Investigation shall determine the
27 number of methamphetamine laboratories discovered in the State each calendar year and report

28 its findings to the Joint Legislative Oversight Committee on Justice and Public Safety and to the
29 Legislative Commission on Methamphetamine Abuse by March 1, 2012, for the 2011 calendar
30 year and each March 1 thereafter for the preceding calendar year. The State Bureau of
31 Investigation shall participate in the High Intensity Drug Trafficking Areas (HIDTA) program,
32 assist in coordinating the drug control efforts between local and State law enforcement agencies,
33 and monitor the implementation and effectiveness of the electronic record-keeping requirements
34 included in G.S. 90-113.52A and G.S. 90-113.56. The SBI shall include its findings in the report

35 to the Commission required by this section."
36 SECTION 9.(c) G.S. 143B-925 reads as rewritten:
37 "§ 143B-925. Study and report on use of pseudoephedrine products to make
38 methamphetamine.
39 The State Bureau of Investigation shall study issues regarding the use of pseudoephedrine
40 products to make methamphetamine, including anydata on the use of particular pseudoephedrine

41 products in that regard, pertinent law enforcement statistics, trends observed, and other relevant
42 information, and report annually to the Commission for Mental Health, Developmental
43 Disabilities, and Substance Abuse Services, the Legislative Commission on Methamphetamine
44 Abuse, Services and the Joint Governmental Operations Subcommittee on Justice and Public
45 Safety."
46
47 NORTH CAROLINA COMMUNITY DEVELOPMENT COUNCIL

48 SECTION 11.(a) Part 2A of Article 10 of Chapter 143B of the General Statutes is
49 repealed.
50 SECTION 11.(b) G.S. 143B-432(c)(1) is repealed.
51 SECTION 11.(c) G.S. 143B-433(2)b. is repealed.

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1
2 NORTH CAROLINA FARMWORKER COUNCIL
3 SECTION 12. Part 26 of Article 9 of Chapter 143B of the General Statutes is
4 repealed.
5
6 SOUTHERN GROWTH POLICIES BOARD
7 SECTION13. Article 55ofChapter143 oftheGeneral Statutes,being G.S. 143-490

8 through G.S. 143-506, is repealed.
9
10 STATE ADVISORY COUNCIL ON EMPLOYMENT SECURITY
11 SECTION 15. G.S. 96-4 reads as rewritten:
12 "§ 96-4. Administration; powers and duties of the Assistant Secretary; Board of Review.
13 …
14 (g) Advisory Councils. – The State Advisory Council shall be composed of the Assistant

15 Secretary and 15 persons representing employers, employees, and the general public, to be
16 appointed as follows:
17 (1) Five members appointed by the Governor.
18 (2) Five members appointed by the President Pro Tempore of the Senate.
19 (3) Five members appointed by the Speaker of the House of Representatives.
20 Each member shall be appointed for a term of four years. Vacancies on the State Advisory

21 Council shall be filled by the appointing authority. The Assistant Secretary shall serve as chair.
22 Aquorum of theState AdvisoryCouncil shall consist ofthechairman, orsuch appointedmember
23 as he may designate, plus one half of the total appointed members. The function of the Council
24 shall be to aid the Division in formulating policies and discussing problems related to the
25 administration of this Chapter. Each member of the State Advisory Council attending meetings
26 of the Council shall be paid the same amount per diem for his or her services as is provided for
27 the members of other State boards, commissions, and committees who receive compensation for

28 their services, including necessary time spent in traveling to and from his place of residence
29 within the State to the place of meeting while engaged in the discharge of the duties of his office,
30 and his actual mileage and subsistence at the same rate allowed to State officials.
31 (h) Employment Stabilization. – The Secretary of Commerce, in consultation with the
32 Assistant Secretary and with the advice and aid of the advisory councils, Secretary, shall take all
33 appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption
34 of practical methods of vocational training, retraining and vocational guidance; to investigate,

35 recommend, advise, and assist in the establishment and operation, by municipalities, counties,
36 school districts, and the State, of reserves for public works to be used in times of business
37 depressionandunemployment;topromotethereemploymentofunemployedworkersthroughout
38 the State in every other way that may be feasible; and to these ends to carry on and publish the
39 results of investigations and research studies.
40 …."

41
42 STATE SUGGESTION REVIEW COMMITTEE
43 SECTION 16.(a) G.S. 143-345.21 reads as rewritten:
44 "§ 143-345.21. State employee suggestion program.
45 …
46 (h) Implementation costs maybe prorated over a maximum of three years for suggestions
47 or innovations that are capital intensive, involve leading-edge technology, or involve

48 unconventional processes that require longer than 12 months for implementation. The amount of
49 the average annual savings minus the average annual implementation cost shall be used as the
50 basis for the agency to recommend a suggester award. The State Suggestion Review Committee

Senate Bill 474-Fifth Edition Page 3 General Assembly Of North Carolina Session 2019

1 Office of State Human Resources shall consult the Office of State Budget and Management to
2 make the final award determination in these cases.
3 …."
4 SECTION 16.(b) G.S. 143-345.23 reads as rewritten:
5 "§ 143-345.23. Suggestion and review process; role of agency coordinator and agency
6 evaluator.
7 (a) The process for a State employee or team of State employees to submit a cost-saving

8 or revenue-increasing proposal shall begin with the employee or team of employees submitting
9 the suggestion or innovation to an agency coordinator. The agency coordinator, in conjunction
10 with an agency evaluator, shall review the suggestion or innovation for submission to the State
11 Review Committee established in G.S. 143-345.24.Office of State Human Resources.
12 (b) An agency coordinator shall be appointed by the head of each participating agency to
13 serve as liaison between the agency, the suggester, the agency evaluator, and the NC-Thinks
14 office. The duties of the agency coordinator shall include:

15 (1) Serving as an information source and maintaining sufficient forms necessary
16 to submit suggestions.
17 (2) Presenting, in conjunction with the agencyevaluator, the recommendation for
18 an award to the State Suggestion Review Committee.Office of State Human
19 Resources.
20 (3) Working in conjunction with the agency evaluator to process a particular

21 suggestion or innovation within 180 days, except when there are extenuating
22 circumstances.
23 An agency may have more than one coordinator if required to provide sufficient services to
24 State employees.
25 (c) An agency evaluator shall be designated by the management of the implementing
26 agency to evaluate one or more suggestions. The duties of an agency evaluator shall include:
27 (1) Receiving from the agency coordinator and reviewing within 90 days, when

28 possible, the feasibilityand effectiveness of cost-saving or revenue-increasing
29 measures suggested by State employees.
30 (2) Being knowledgeable of the subject program, activity, or service.
31 (3) Determining, in conjunction with the agency fiscal officer, the budgetary
32 impact of a suggestion or innovation.
33 (4) Judging impartially both the positive and negative effects of a suggestion or
34 innovation on thecurrent functions ofthesubject program, activity, orservice.

35 (d) The Director of the Office of State Human Resources shall be responsible for general
36 oversight and coordination of NC-Thinks. The State coordinator shall be an employee of the
37 Office of State Human Resources. The State coordinator shall be responsible for day-to-day
38 NC-Thinks program management andadministrationofthetechnical aspects oftheprogram. The
39 State coordinator shall be an ex officio voting member of the State Suggestion Review
40 Committee."

41 SECTION 16.(c) G.S. 143-345.24 is repealed.
42 SECTION 16.(d) G.S. 143-345.25 reads as rewritten:
43 "§ 143-345.25. Innovations deemed property of the State; effect of decisions regarding
44 bonuses.
45 (a) All suggestions or innovations submitted by State employees pursuant to this Article
46 are the property of the State, and all related intellectual property rights shall be assigned to the
47 State. ByJanuary1, 2002, theOffice ofState HumanResources shall establishapolicyregarding

48 intellectual property rights that arise from NC-Thinks.
49 (b) Decisions regarding the award of bonuses by the agency coordinator and the State
50 Suggestion Review Committee Office of State Human Resources are final and are not subject to
51 review under the contested case procedures of Chapter 150B of the General Statutes."

Page 4 Senate Bill 474-Fifth Edition General Assembly Of North Carolina Session 2019

1
2 STATEWIDE PORTAL COMMITTEE
3 SECTION 17. Section 6A.12(h) of S.L.2012-142 is repealed.
4
5 TEACH FOR AMERICA, INC., OVERSIGHT BOARD
6 SECTION 18. The Oversight Board for Teach For America, Inc., is abolished.
7

8 WHOLESALE DISTRIBUTOR ADVISORY COMMITTEE
9 SECTION 19. G.S. 106-145.11 is repealed.
10
11 MOTOR VEHICLE DEALERS' ADVISORY BOARD
12 SECTION 19.1.(a) G.S. 20-305.4 is repealed.
13 SECTION 19.1.(b) G.S. 20-305.5(l) reads as rewritten:
14 "(l) The provisions of G.S. 20-305(4) through G.S. 20-305(28) and G.S. 20-305.2 to

15 G.S. 20-305.4 G.S. 20-305.3 shall not apply to manufacturers of or dealers in mobile or
16 manufactured type housing or who sell or distribute only nonmotorized recreational trailers;
17 provided,however,thatunlessspecificallyexempted,eachoftheseprovisionsshallbeapplicable
18 to all recreational vehicle manufacturers, factory branches, distributors, and distributor branches
19 who sell or distribute any motorized recreational vehicles in this State. The provisions of
20 G.S. 20-305.1 shall not apply to manufacturers of or dealers in mobile or manufactured type

21 housing."
22 SECTION 19.1.(c) This section becomes effective June 30, 2022.
23
24 BLOUNT STREET HISTORIC DISTRICT OVERSIGHT COMMITTEE
25 SECTION 19.3. Section 3 of S.L. 2003-404 is repealed.
26
27 EMERGENCY JUDGES

28 SECTION 20.1. G.S. 7A-52 reads as rewritten:
29 "§ 7A-52. Retired districtand superiorcourtjudges maybecome emergencyjudges subject
30 to recall to active service; compensation for emergency judges on recall.
31 (a) Judges of the district court and judges of the superior court who have not reached the
32 mandatory retirement age specified in G.S. 7A-4.20, but who have retired under the provisions
33 of G.S. 7A-51, or under the Uniform Judicial Retirement Act after having completed five years
34 of creditable service, may apply as provided in G.S. 7A-53 to become emergency judges of the

35 court from which they retired. Judges of the superior court who have not reached the mandatory
36 retirement age specified in G.S. 7A-4.20, but who have retired under the provisions of
37 G.S. 7A-51, or under the Uniform Judicial Retirement Act after having completed five years of
38 creditable service, may also apply as provided in G.S. 7A-53 to become emergencyjudges of the
39 district court, provided they were district court judges prior to retiring from the superior court.
40 Fromthe commissionedemergencydistrict, superior,and special superior courtjudges,theChief

41 Justice of the Supreme Court shall create two lists of active emergency judges and two lists of
42 inactive emergency judges. For emergency superior and special superior court judges, the active
43 list shall be limited to a combined total of 10 emergency judges; all other emergency superior
44 and special superior court judges shall be on an inactive list. For emergency district court judges,
45 the active list shall be limited to 25 emergency judges; all other emergency district court judges
46 shall be on an inactive list. There is no limit to the number of emergencyjudges on either inactive
47 list. In the Chief Justice's discretion, emergency judges may be added or removed from their

48 respective active and inactive lists, as long as the respective numerical limits on the active lists
49 are observed. The Chief Justice is requested to consider geographical distribution in assigning
50 emergency judges to an active list but may utilize any factor in determining which emergency
51 judges are assigned to an active list. The Chief Justice of the Supreme Court may order any

Senate Bill 474-Fifth Edition Page 5 General Assembly Of North Carolina Session 2019

1 emergency district, superior, or special superior court judge on an active list who, in his opinion,
2 is competent to perform the duties of a judge, to hold regular or special sessions of the court from
3 which the judge retired, as needed. Order of assignment shall be in writing and entered upon the
4 minutes of the court to which such emergency judge is assigned. An emergency judge shall only
5 be assigned in the event of a:
6 (1) Death of a sitting judge.
7 (2) Disability of a sitting judge.

8 (3) Recall to active military duty of a sitting judge.
9 (4) Retirement or removal of a sitting judge.
10 (5) Court case-management emergency.
11 (a1) An emergency judge of the superior court may be recalled to active service by the
12 Chief Justice and assigned to hear and decide complex business cases if, at the time of the judge's
13 retirement, all of the following conditions are met:
14 (1) Thejudgeis aspecialsuperiorcourtjudgewhois retiringfrom aterm towhich

15 the judge was appointed pursuant to G.S. 7A-45.1.
16 (2) The judge is retiring from a term for which the judge was assigned by the
17 Chief Justice to hear and decide complex business cases as a business court
18 judge pursuant to G.S. 7A-45.3.
19 (3) The judge's nomination to serve a successive term in the same office is
20 pending before the General Assembly, or was not acted upon by the General

21 Assembly prior to adjournment sine die.
22 (4) If confirmed and appointed to the successive term of office for which
23 nominated, the judge would reach mandatory retirement age before
24 completing that term of office.
25 An emergency judge assigned to hear and decide complex business cases pursuant to this
26 subsection shall be designated by the Chief Justice as a senior business court judge and shall be
27 eligible to serve in that capacity for five years from the issuance date of the judge's commission

28 under G.S. 7A-53 or until the judge's commission expires, whichever occurs first. Order of
29 assignmentshallbeinwritingand entereduponthe minutesofthecourttowhichsuchemergency
30 judge is assigned. An emergency judge assigned to hear and decide complex business cases shall
31 not be counted in the combined total of active emergency superior and special superior court
32 judges described in subsection (a) of this section.
33 (b) In addition to the compensation or retirement allowance the judge would otherwise
34 be entitled to receive by law, each emergency judge of the district or superior court who is

35 assigned to temporary active service by the Chief Justice shall be paid by the State the judge's
36 actualmileageandanynecessarylodgingandmeal expenses,plusfourhundreddollars($400.00)
37 for each day of active service rendered upon recall, and each emergency judge designated as a
38 senior business court judge pursuant to subsection (a1) of this section shall be paid by the State
39 the judge's actual expenses, plus five hundred dollars ($500.00) for each day of active service
40 rendered upon recall as a senior business court judge. No day of active service rendered by an

41 emergency judge pursuant to assignment under subsection (a) of this section shall overlap with
42 a day of active service rendered pursuant to assignment under subsection (a1) of this section. No
43 recalled retired trial judge shall receive from the State total annual compensation for judicial
44 services in excess of that received by an active judge of the bench to which the judge is recalled.
45 Emergency judges on an inactive list shall not receive reimbursement for continuing legal or
46 judicial education."
47

48 THE BOXING COMMISSION
49 SECTION 21.1. The Boxing Commission created under G.S. 143-652.2 is
50 transferred to the Department of Public Safety. This transfer has all of the elements of a Type II

Page 6 Senate Bill 474-Fifth Edition General Assembly Of North Carolina Session 2019

1 transfer, as described in G.S. 143A-6, except that the management functions of the Commission
2 shall not be performed under the direction and supervision of the Secretary of Public Safety.
3 SECTION 21.2. G.S. 143-652.2(a) reads as rewritten:
4 "(a) Creation. – The Boxing Commission is created for the purposes set forth in
5 G.S. 143-652.1. The Commission shall be administratively located within the Department of
6 Commerce, Public Safety, but shall exercise its powers independently of the Secretary of
7 Commerce. Public Safety. The Commission shall consist of six voting members and two

8 nonvoting advisory members. All the members shall be residents of North Carolina. The
9 members shall be appointed as follows:
10 …
11 (4) One voting member shall be appointed by the Secretary of Commerce Public
12 Safety for an initial term of three years.
13 …
14 Appointments by the General Assembly pursuant to subdivisions (2) and (3) of this

15 subsection shall be made in accordance with G.S. 120-121. The member appointed pursuant to
16 subdivision (6) of this subsection may serve on the Commission only if an agreement exists and
17 remains in effect between the Tribal Council of the Eastern Band of the Cherokee and the
18 Commission authorizing the Commission to regulate professional boxing matches within the
19 Cherokee Indian Reservation as provided by the Professional Boxing Safety Act of 1996.
20 The two nonvoting advisory members appointed pursuant to subdivisions (7) and (8) of this

21 subsection shall advise the Commission on matters concerning the health and physical condition
22 of boxers and health issues relating to the conduct of exhibitions and boxing matches. They may
23 prepare and submit to the Commission for its approval any rules that in their judgment will
24 safeguard the physical welfare of all participants engaged in boxing.
25 Terms for all members of the Commission except for the initial appointments shall be for
26 three years.
27 The Governor shall designate which member of the Commission is to serve as chair. A

28 member appointed pursuant to subdivision (1) or (6) of this subsection shall serve at the
29 Governor's pleasure. The other members of the Commission may be removed from office by the
30 member's appointingauthorityfor cause. Members ofthe Commission aresubject to the conflicts
31 of interest requirements of 15 U.S.C. § 6308 (contained in the Professional Boxing Safety Act of
32 1996, as amended). Each member, before entering upon the duties of a member, shall take and
33 subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best
34 of the member's ability. A record of these oaths shall be filed in the Department of

35 Commerce.Public Safety."
36 SECTION 21.3.(a) G.S. 143-655(c) reads as rewritten:
37 "(c) StateBoxingRevenueAccount. – Thereis createdtheStateBoxingRevenue Account
38 within the Department of Commerce. Public Safety. Monies collected pursuant to the provisions
39 of this Article shall be credited to the Account and applied to the administration of the Article."
40 SECTION 21.3.(b) Funds in the State Boxing Revenue Account within the

41 Department of Commerce as of the effective date of this act shall be transferred into the State
42 Boxing Revenue Account within the Department of Public Safety. Once these funds have been
43 transferred, the State Boxing Revenue Account within the Department of Commerce shall be
44 closed.
45 SECTION 21.4. The term of the member of the Boxing Commission appointed by
46 the Secretary of Commerce under G.S. 143-652.2(a)(4) expires on the effective date of this act,
47 and the Secretary of Public Safety shall appoint a member in accordance with G.S. 143-652.2, as

48 amendedbySection2ofthisact,toservetheremainderoftheterm.Exceptasotherwiseprovided
49 by applicable law or a subsequent act of the General Assembly, all other members of the Boxing
50 Commission appointed inaccordancewith Section12(d)ofS.L.2019-203 shall continueto serve
51 their terms in accordance with the requirements of that act.

Senate Bill 474-Fifth Edition Page 7 General Assembly Of North Carolina Session 2019

1 SECTION21.5. Theimplementation ofthis sectionshall not affect anyinvestigation
2 pursuant to Article 68 of Chapter 143 of the General Statutes ongoing as of the effective date of
3 this section. Any hearing or proceeding pursuant to Article 68 of Chapter 143 of the General
4 Statutes ongoing as of the effective date of this section shall continue. Prosecutions for offenses
5 or violations committed prior to the effective date of this section are not abated or affected by
6 this section, and the statutes that would be applicable but for this section shall remain applicable
7 to those prosecutions.

8
9 EXTEND SUNSET ON WAIVER OF REQUIRING WITNESSES FOR HEALTH CARE
10 POWERS OF ATTORNEY AND FOR ADVANCED DIRECTIVES FOR A NATURAL
11 DEATH
12 SECTION 22.1.(a) G.S. 32A-16.1(c), as enacted by S.L. 2020-3, reads as rewritten:
13 "(c) This section shall expire at 12:01 A.M. on August 1, 2020; March 1, 2021; provided,
14 however, all instruments made in accordance with this section and while this section is in effect

15 shall remain effective and shall not need to be reaffirmed."
16 SECTION 22.1.(b) G.S. 90-321.1(c), as enacted by S.L. 2020-3, reads as rewritten:
17 "(c) This section shall expire at 12:01 A.M. on August 1, 2020; March 1, 2021; provided,
18 however, all instruments made in accordance with this section and while this section is in effect
19 shall remain effective and shall not need to be reaffirmed."
20

21 EFFECTIVE DATE
22 SECTION 23. Except as otherwise provided, this act is effective when it becomes
23 law.

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