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North Carolina Legislation 1998

 

State Government

Chapter 25

 

This chapter summarizes legislation enacted by the 1998 General Assembly with respect to the organization, structure, and functions of North Carolina's state government.

New State Agencies

Commission on Children with Special Health Care Needs

S.L. 1998-1 (Ex. Sess.) (S 2), enacted to establish a health care insurance program for uninsured children, created the Commission on Children with Special Health Care Needs. This legislation was amended by the 1998 Appropriations Act, S.L. 1998-212 (S 1366), at the end of the regular session. The new commission, created by Article 71 of Chapter 143 of the General Statutes, consists of eight members appointed by the Governor and must include two parents who have a child with special needs, a licensed psychiatrist, a licensed psychologist, a licensed pediatrician, a representative of one of the children's hospitals in the state, a local public health director, and an educator providing education services to special needs children. The initial appointees will serve staggered two- or three-year terms.

The commission is directed to study the needs of special needs children, to develop guidelines for case management services, to develop and coordinate outreach programs for case management, to review the rules adopted by the Commission for Health Services on services for special needs children, to review the policies and procedures of the Department of Health and Human Services (DHHS) and recommend changes to the Secretary of DHHS that would improve implementation of health programs for children with special health care needs, and to report to the General Assembly on its work.

Wireless 911 Board

S.L. 1998-158 (S 1242) created the Wireless 911 Board. G.S. 62B-2. The board consists of thirteen members: two appointed by the Governor, five appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, five appointed by the General Assembly upon the recommendation of the Senate President Pro Tempore , and the Secretary of Commerce or the Secretary's designee, who will serve as the chair. The board is authorized to levy a monthly wireless Enhanced 911 service charge on each commercial mobile radio service connection and to adopt other rules as needed to implement the Wireless Telephone Service Act.

Office of Juvenile Justice

S.L. 1998-202 (S 1260), which reforms North Carolina's juvenile justice system and creates a new Office of Juvenile Justice in the Governor's Office, is discussed in Chapter 13 (Juvenile Law).

Cosmetic Art Examiners Board

S.L. 1998-230 (S 916) enacts a new Chapter 88B of the General Statutes and creates a new North Carolina Board of Cosmetic Art Examiners. G.S. 88B-3. The board consists of six members: two appointed by the General Assembly on the recommendation of the Speaker of the House of Representatives, two appointed by the General Assembly on the recommendation of the Senate President Pro Tempore, and two appointed by the Governor. The board will license and regulate individuals wishing to engage in the practice of cosmetic art.

Massage and Bodywork Therapy Board

S.L. 1998-230 (S 916) enacts a new Article 36 of Chapter 90 of the General Statutes to regulate the practice of massage and bodywork, and creates a new North Carolina Board of Massage and Bodywork Therapy. G.S. 90-625. The board consists of seven members: five massage and bodywork therapists, one physician, and one member of the general public. Appointments to the board will be made by the General Assembly.

Government Competition Commission

Section 15.2C(a) of the 1998 Appropriations Act, S.L. 1998-212 (S 1366), enacts a new Chapter 143C to the General Statutes, the North Carolina Government Competition Act of 1998. The new chapter creates the North Carolina Government Competition Commission within the Department of Commerce. G.S. 143C-3. The commission consists of nine members: three members appointed by the Governor, three by the Speaker of the House of Representatives, and three by the Senate President Pro Tempore. The legislation describes the purpose of the commission as "to be the catalyst for the use of competition to improve the delivery of State government services, to make State government more effective and more efficient, and to reduce the costs of government to the taxpayers."

Changes to Existing State Agencies

Department of Transportation Board Reform

Following extensive press coverage revealing conflicts of interest among members of the North Carolina Board of Transportation, the General Assembly enacted S.L. 1998-169 (H 1304) to reform the board. S.L. 1998-169 enacts a new section, G.S. 143B-350, to require disclosure of contributions to political campaigns by board members and their immediate family members. The law also directs the board to adopt an ethics policy governing board member activity, which must prohibit a member taking action when a conflict of interest exists, or when the appearance of a conflict of interest exists. The policy also will require members to file statements of economic interest and a statement of association. The 1998 amendments also reduced membership on the board from twenty to nineteen members.

North Carolina Indian Cultural Center Board

S.L. 1998-19 (H 1505) increases the number of members on the Board of the North Carolina Indian Cultural Center, Inc., from fifteen to sixteen and requires that the additional board member represent the Indians of Person County.

Study of DENR Organizational Structure

S.L. 1998-76 76 (H 1433) directs the Environmental Review Commission to study the organization, functions, powers, and duties of the various boards, commissions, and councils having jurisdiction over environmental, public health, and natural resources programs, including whether those functions, powers, and duties should be consolidated in a single commission. The commission must report its findings to the 1999 General Assembly.

Clerks of Court Added to Commissions, Board

S.L. 1998-170 (S 1243) amends G.S. 164-37 to add one clerk of court as a member of the Sentencing and Policy Advisory Commission, amends G.S. 143B-273.6 to add one clerk of court as a member of the State Criminal Justice Partnership Advisory Board, and amends G.S. 143B-478 to add one clerk of court as a member of the Governor's Crime Commission.

State Personnel Commission Reorganized

S.L. 1998-181 (H 1469) amends the State Personnel Act, G.S. 126-2(b), to increase the size of the State Personnel Commission from seven to nine members. This act is discussed in greater detail in Chapter 20 (Public Personnel).

North Carolina Partnership for Children Board

Section 12.37B(a) of the 1998 Appropriations Act, S.L. 1998-212 (S 1366), amends G.S. 143B-168.12 to reduce the size of the board of directors of the North Carolina Partnership for Children from thirty-eight to twenty-five members. This act is discussed in greater detail in Chapter 4 (Children and Families).

Boxing Commission

Section 19.11(a) of S.L. 1998-212 amends G.S. 143-652 to transfer the North Carolina State Boxing Commission from the Department of the Secretary of State to the Department of Crime Control and Public Safety.

Stephen Allred

Copyright ©1998, Institute of Government, The University of North Carolina at Chapel Hill

About the publication Table of Contents Download this page in a PDF Version Go to the NCINFO Home Page