Senate Bill 10, was introduced
Feb. 4, 2013 and quickly passed the Senate. The bill would sunset
the current appointments for a host of state boards and commissions
including the Environmental Management Commission (EMC), Industrial
Commission and the Utilities Commission.
to the text of Senate Bill 10
In its original form, the Senate Bill 10 called for elimination
of some seldom heard of boards and commissions. However, the bill
sponsors, Senate Rules Committee Chairman Tom Apodaca and Senate
Transportation Committee Co-Chairman Bill Rabon, introduced a committee
substitute for the bill which surprised many observers. In addition
to repealing authority for the seldom heard of boards, the committee
substitute, which ultimately received a favorable report in the
Rules Committee, also calls for the following important changes:
• Reduces the membership of the Coastal Resources Commission
from 15 to 11 members; changes appointment authority to four by
the General Assembly and Seven by the Governor (current law authorizes
the Governor to make all of the appointments); changes experience
requirements for appointees; ends the terms of current members when
the bill becomes law; and continues staggered four-year terms. The
Bill also, reduces the membership of the Coastal Resources Advisory
Council from 45 to 20 with at least half of the appointments to
be from the 20 coastal counties; and ends the terms of current members
on June 30, 2013.
• Reduces the membership of the Environmental Management
Commission from 19 to 13 members, with seven appointed by the Governor
and six appointed by the General Assembly; changes the required
qualifications of members (note: the “manufacturing seat”
was preserved!); ends the terms of current members when the bill
becomes law; and establishes staggered four-year terms (currently
six years for gubernatorial appointments and 2 years for legislative
• Ends the terms of all current members of the Industrial
Commission effective April 15, 2013; reduces their terms from six
years to four years; requires the Commission to adopt bylaws governing
its business; and provides for staggered terms.
• Ends the terms of all current members of the Utilities
Commission when the bill becomes law; reduces membership on the
Commission from seven to five members; and provides for staggered
six-year terms for the newly appointed Commissioners.
• Increases the number of General Assembly appointments to
the Wildlife Resources Commission from eight to ten; reduces the
number of appointments by the Governor from nine to seven; establishes
that terms for all members will be two years (currently legislative
appointments serve for two years and gubernatorial appointments
serve for six years).
• Eliminates the current Board of the North Carolina Turnpike
Authority when the bill becomes law; provides that the Board of
Transportation shall serve, ex officio as the Board of the North
Carolina Turnpike Authority; provides that the Secretary of the
Department of Transportation, or the Secretary’s designee,
shall be the Authority’s Chief Administrative Officer.
• Abolishes 12 Special Superior Court Judge positions, effective
July 1, 2013.
• Limits appointments to the State Board of Elections to
three terms; declares vacant any Board seat of any person serving
in a fourth or greater consecutive term on the date the bill becomes
law; authorizes the Governor to fill a vacancy occurring prior to
April 30 in the year the Governor takes office, from a list of nominees
provided by each political party.
• Provides that the Governor shall appoint the Chairman of
the State Board of Education from among the membership, who shall
serve at the pleasure of the Governor.
• Ends the terms of all members of the State Lottery Commission
on the effective date of this bill. Provides for two-year terms
(currently five years).
• Repeals the Charter School Advisory Committee of the State
Board of Education.
The Senate approved the bill Feb. 7, 2013. The Bill now heads to
the House where it will be “read-in” in on Feb. 11.
If you have any questions concerning the bill, please contact Preston
Howard at the MCIC office.