Bill Summary – FastDemocracy

FILED SENATE
                                                                                       Feb 23, 2021
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                S.B. 126
                                     SESSION 2021           PRINCIPAL CLERK
     S                                                                   D
                               SENATE BILL DRS35064-LG-8
     Short Title:   Clean Up Obsolete Boards.                                                 (Public)
     Sponsors:      Senators Sawyer and Perry (Primary Sponsors).
     Referred to:
                                   A BILL TO BE ENTITLED
 AN ACT TO ABOLISH OBSOLETE BOARDS AND COMMISSIONS THAT ARE NO
     LONGER FUNCTIONAL.
            Whereas, several boards and commissions within State government appear to be no
 longer functional and should be abolished; and
            Whereas, some boards and commissions were established to oversee programs that
 no longer exist; and
            Whereas, certain boards and commissions either have no appointed members, have
 not met in several years, have not reported recent activity, or have no discoverable information;
 and
            Whereas, as a result of inactivity of some boards and commissions, previous attempts
 have been made to abolish them; Now, therefore,
 The General Assembly of North Carolina enacts:
14
 BOARD OF DIRECTORS OF THE CERTIFICATION ENTITY FOR THE PHASE II
 SETTLEMENT FUNDS
            SECTION 1. The Board of Directors of the Certification Entity for Phase II
 Settlement Funds, as authorized by S.L. 1999-333, is abolished.
19
 NC AGENCY FOR PUBLIC TELECOMMUNICATIONS
           SECTION 2.(a) Part 22 of Article 9 of Chapter 143B of the General Statutes is
 repealed.
           SECTION 2.(b) G.S. 138A-3(70)r. is repealed.
24
 CHARLOTTE DOUGLAS INTERNATIONAL AIRPORT COMMISSION
       SECTION 3. S.L. 2013-358, except Section 2, and S.L. 2014-10 are repealed.
27
 BOARD OF DIRECTORS OF THE CHARLOTTE REGIONAL PARTNERSHIP
            SECTION 4. The Board of Directors of the Charlotte Regional Partnership, Inc., as
 authorized by Article 2 of Chapter 158 of the General Statutes, is abolished.
31
 COMMISSION ON SCHOOL TECHNOLOGY
           SECTION 5.(a) G.S. 115C-102.5 is repealed.
           SECTION 5.(b) G.S. 115C-102.6 reads as rewritten:
 "§ 115C-102.6. Duty to propose a State school technology plan.
                                    *DRS35064-LG-8*
     General Assembly Of North Carolina                                                  Session 2021
     The State Board of Education shall propose a State school technology plan that ensures the
 effective use of technology is built into the North Carolina Public School System for the purpose
 of preparing a globally competitive workforce and citizenry for the 21st century. The
 Commission on School Technology will advise the State Board of Education on the State School
 Technology Plan and its components."
 6
 DATA INTEGRATION STEERING COMMITTEE
        SECTION 6. Section 6A.20(b) of S.L. 2011-145 is repealed.
 9
 GRANTS MANAGEMENT OVERSIGHT COMMITTEES
            SECTION 7.(a) Section 6A.7 of S.L. 2011-145, as amended by Section 11(d) of
 S.L. 2011-391 and Section 6A.10 of S.L. 2012-142, is repealed.
            SECTION 7.(b) Section 7.14(b) of S.L. 2013-360 is repealed.
14
 LEGISLATIVE COMMISSION ON METHAMPHETAMINE ABUSE
             SECTION 8.(a) Article 25A of Chapter 120 of the General Statutes is repealed.
             SECTION 8.(b) G.S. 90-113.64 reads as rewritten:
 "§ 90-113.64. SBI annual report.
      Beginning with the 2011 calendar year, the State Bureau of Investigation shall determine the
 number of methamphetamine laboratories discovered in the State each calendar year and report
 its findings to the Joint Legislative Oversight Committee on Justice and Public Safety and to the
 Legislative Commission on Methamphetamine Abuse by March 1, 2012, for the 2011 calendar
 year and each March 1 thereafter for the preceding calendar year. The State Bureau of
 Investigation shall participate in the High Intensity Drug Trafficking Areas (HIDTA) program,
 assist in coordinating the drug control efforts between local and State law enforcement agencies,
 and monitor the implementation and effectiveness of the electronic record-keeping requirements
 included in G.S. 90-113.52A and G.S. 90-113.56. The SBI shall include its findings in the report
 to the Commission required by this section."
             SECTION 8.(c) G.S. 143B-925 reads as rewritten:
 "§ 143B-925. Study and report on use of pseudoephedrine products to make
             methamphetamine.
      The State Bureau of Investigation shall study issues regarding the use of pseudoephedrine
 products to make methamphetamine, including any data on the use of particular pseudoephedrine
 products in that regard, pertinent law enforcement statistics, trends observed, and other relevant
 information, and report annually to the Commission for Mental Health, Developmental
 Disabilities, and Substance Abuse Services, the Legislative Commission on Methamphetamine
 Abuse, Services and the Joint Governmental Operations Subcommittee on Justice and Public
 Safety."
39
 NORTH CAROLINA COMMUNITY DEVELOPMENT COUNCIL
           SECTION 9.(a) Part 2A of Article 10 of Chapter 143B of the General Statutes is
 repealed.
           SECTION 9.(b) G.S. 143B-432(c)(1) is repealed.
           SECTION 9.(c) G.S. 143B-433(2)b. is repealed.
45
 NORTH CAROLINA FARMWORKER COUNCIL
           SECTION 10. Part 26 of Article 9 of Chapter 143B of the General Statutes is
 repealed.
49
 SOUTHERN GROWTH POLICIES BOARD
     Page 2                                                                          DRS35064-LG-8
     General Assembly Of North Carolina                                                    Session 2021
           SECTION 11. Article 55 of Chapter 143 of the General Statutes, being G.S. 143-490
 through G.S. 143-506, is repealed.
 3
 STATE ADVISORY COUNCIL ON EMPLOYMENT SECURITY
              SECTION 12. G.S. 96-4 reads as rewritten:
 "§ 96-4. Administration; powers and duties of the Assistant Secretary; Board of Review.
     …
     (g)      Advisory Councils. – The State Advisory Council shall be composed of the Assistant
 Secretary and 15 persons representing employers, employees, and the general public, to be
 appointed as follows:
              (1)    Five members appointed by the Governor.
              (2)    Five members appointed by the President Pro Tempore of the Senate.
              (3)    Five members appointed by the Speaker of the House of Representatives.
 Each member shall be appointed for a term of four years. Vacancies on the State Advisory
 Council shall be filled by the appointing authority. The Assistant Secretary shall serve as chair.
 A quorum of the State Advisory Council shall consist of the chairman, or such appointed member
 as he may designate, plus one half of the total appointed members. The function of the Council
 shall be to aid the Division in formulating policies and discussing problems related to the
 administration of this Chapter. Each member of the State Advisory Council attending meetings
 of the Council shall be paid the same amount per diem for his or her services as is provided for
 the members of other State boards, commissions, and committees who receive compensation for
 their services, 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 mileage and subsistence at the same rate allowed to State officials.
     (h)      Employment Stabilization. – The Secretary of Commerce, in consultation with the
 Assistant Secretary and with the advice and aid of the advisory councils, Secretary, shall take all
 appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption
 of practical methods of vocational training, retraining and vocational guidance; to investigate,
 recommend, advise, and assist in the establishment and operation, by municipalities, counties,
 school districts, and the State, of reserves for public works to be used in times of business
 depression and unemployment; to promote the reemployment of unemployed workers throughout
 the State in every other way that may be feasible; and to these ends to carry on and publish the
 results of investigations and research studies.
     …."
35
 STATE SUGGESTION REVIEW COMMITTEE
             SECTION 13.(a) G.S. 143-345.21 reads as rewritten:
 "§ 143-345.21. State employee suggestion program.
     …
     (h)     Implementation costs may be prorated over a maximum of three years for suggestions
 or innovations that are capital intensive, involve leading-edge technology, or involve
 unconventional processes that require longer than 12 months for implementation. The amount of
 the average annual savings minus the average annual implementation cost shall be used as the
 basis for the agency to recommend a suggester award. The State Suggestion Review Committee
 Office of State Human Resources shall consult the Office of State Budget and Management to
 make the final award determination in these cases.
     …."
             SECTION 13.(b) G.S. 143-345.23 reads as rewritten:
 "§ 143-345.23. Suggestion and review process; role of agency coordinator and agency
             evaluator.
     DRS35064-LG-8                                                                               Page 3
     General Assembly Of North Carolina                                                    Session 2021
     (a)     The process for a State employee or team of State employees to submit a cost-saving
 or revenue-increasing proposal shall begin with the employee or team of employees submitting
 the suggestion or innovation to an agency coordinator. The agency coordinator, in conjunction
 with an agency evaluator, shall review the suggestion or innovation for submission to the State
 Review Committee established in G.S. 143-345.24.Office of State Human Resources.
     (b)     An agency coordinator shall be appointed by the head of each participating agency to
 serve as liaison between the agency, the suggester, the agency evaluator, and the NC-Thinks
 office. The duties of the agency coordinator shall include:
             (1)     Serving as an information source and maintaining sufficient forms necessary
                     to submit suggestions.
             (2)     Presenting, in conjunction with the agency evaluator, the recommendation for
                     an award to the State Suggestion Review Committee.Office of State Human
                     Resources.
             (3)     Working in conjunction with the agency evaluator to process a particular
                     suggestion or innovation within 180 days, except when there are extenuating
                     circumstances.
     An agency may have more than one coordinator if required to provide sufficient services to
 State employees.
     (c)     An agency evaluator shall be designated by the management of the implementing
 agency to evaluate one or more suggestions. The duties of an agency evaluator shall include:
             (1)     Receiving from the agency coordinator and reviewing within 90 days, when
                     possible, the feasibility and effectiveness of cost-saving or revenue-increasing
                     measures suggested by State employees.
             (2)     Being knowledgeable of the subject program, activity, or service.
             (3)     Determining, in conjunction with the agency fiscal officer, the budgetary
                     impact of a suggestion or innovation.
             (4)     Judging impartially both the positive and negative effects of a suggestion or
                     innovation on the current functions of the subject program, activity, or service.
     (d)     The Director of the Office of State Human Resources shall be responsible for general
 oversight and coordination of NC-Thinks. The State coordinator shall be an employee of the
 Office of State Human Resources. The State coordinator shall be responsible for day-to-day
 NC-Thinks program management and administration of the technical aspects of the program. The
 State coordinator shall be an ex officio voting member of the State Suggestion Review
 Committee."
             SECTION 13.(c) G.S. 143-345.24 is repealed.
             SECTION 13.(d) G.S. 143-345.25 reads as rewritten:
 "§ 143-345.25. Innovations deemed property of the State; effect of decisions regarding
             bonuses.
     (a)     All suggestions or innovations submitted by State employees pursuant to this Article
 are the property of the State, and all related intellectual property rights shall be assigned to the
 State. By January 1, 2002, the Office of State Human Resources shall establish a policy regarding
 intellectual property rights that arise from NC-Thinks.
     (b)     Decisions regarding the award of bonuses by the agency coordinator and the State
 Suggestion Review Committee Office of State Human Resources are final and are not subject to
 review under the contested case procedures of Chapter 150B of the General Statutes."
46
 STATEWIDE PORTAL COMMITTEE
        SECTION 14. Section 6A.12(h) of S.L. 2012-142 is repealed.
49
 WHOLESALE DISTRIBUTOR ADVISORY COMMITTEE
       SECTION 15. G.S. 106-145.11 is repealed.
     Page 4                                                                            DRS35064-LG-8
     General Assembly Of North Carolina                                                   Session 2021
 1
 MOTOR VEHICLE DEALERS' ADVISORY BOARD
              SECTION 16.(a) G.S. 20-305.4 is repealed.
              SECTION 16.(b) G.S. 20-305.5(l) reads as rewritten:
     "(l)     The provisions of G.S. 20-305(4) through G.S. 20-305(28) and G.S. 20-305.2 to
 G.S. 20-305.4 G.S. 20-305.3 shall not apply to manufacturers of or dealers in mobile or
 manufactured type housing or who sell or distribute only nonmotorized recreational trailers;
 provided, however, that unless specifically exempted, each of these provisions shall be applicable
 to all recreational vehicle manufacturers, factory branches, distributors, and distributor branches
 who sell or distribute any motorized recreational vehicles in this State. The provisions of
 G.S. 20-305.1 shall not apply to manufacturers of or dealers in mobile or manufactured type
 housing."
              SECTION 16.(c) This section becomes effective June 30, 2023.
14
 BLOUNT STREET HISTORIC DISTRICT OVERSIGHT COMMITTEE
        SECTION 17. Section 3 of S.L. 2003-404 is repealed.
17
 EFFECTIVE DATE
        SECTION 18. Except as otherwise provided, this act is effective when it becomes
 law.
     DRS35064-LG-8                                                                               Page 5
Statutes affected: 
Filed: 138A-3, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5
Edition 1: 138A-3, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5
Edition 2: 138A-3, 120-123, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5, 116-233, 143B-1393, 143B-1394, 143B-1322, 120-74, 120-75, 131D-10.9A, 143B-472.81, 90-625, 143B-438.10, 105-278.1
Edition 3: 138A-3, 120-123, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5, 116-233, 143B-1393, 143B-1394, 143B-1322, 120-74, 120-75, 131D-10.9A, 143B-472.81, 90-625, 143B-438.10, 105-278.1
Edition 4: 138A-3, 120-123, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5, 116-233, 143B-1393, 143B-1394, 143B-1322, 120-74, 120-75, 131D-10.9A, 143B-472.81, 90-625, 143B-438.10, 105-278.1, 63A-3, 115D-2.1, 138A-24
Ratified: 138A-3, 120-123, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5, 116-233, 120-74, 120-75, 131D-10.9A, 143B-472.81, 90-625, 143B-438.10, 105-278.1, 63A-3, 115D-2.1, 138A-24
SL 2021-90: 138A-3, 120-123, 115C-102.5, 115C-102.6, 90-113.64, 143B-925, 143B-432, 143B-433, 143-506, 96-4, 143-345.21, 143-345.23, 143-345.24, 143-345.25, 106-145.11, 20-305.4, 20-305.5, 116-233, 120-74, 120-75, 131D-10.9A, 143B-472.81, 90-625, 143B-438.10, 105-278.1, 63A-3, 115D-2.1, 138A-24