North Carolina HB 14: Reconstitute Various Boards & Commissions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
H D
HOUSE BILL DRH30007-MQ-7

Short Title: Reconstitute Various Boards & Commissions. (Public)
Sponsors: Representatives McGrady, Torbett, Ross, and Harrison (Primary Sponsors).
Referred to:

*DRH30007-MQ-7*
A BILL TO BE ENTITLED 1
AN ACT TO RECONSTITUTE SEVERAL BOARDS AND COMMISSIONS HELD TO 2
HAVE UNCONSTITUTIONALLY APPOINTED MEMBERSHIP PURSUANT TO 3
MCCRORY V. BERGER AND COOPER V. BERGER. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 143B-168.4 reads as rewritten: 6
"§ 143B-168.4. Child Care Commission – members; selection; quorum. 7
(a) The Child Care Commission of the Department of Health and Human Services shall 8
consist of 17 members. Seven Nine of the members shall be appointed by the Governor and 10 9
eight by the General Assembly, five four upon the recommendation of the President Pro Tempore 10
of the Senate, and five four upon the recommendation of the Speaker of the House of 11
Representatives. Four of the members appointed by the Governor, two by the General Assembly 12
on the recommendation of the President Pro Tempore of the Senate, and two by the General 13
Assembly on the recommendation of the Speaker of the House of Representatives, shall be 14
members of the public who are not employed in, or providing, child care and who have no 15
financial interest in a child care facility. Two of the foregoing public members appointed by the 16
Governor, one of the foregoing public members recommended by the President Pro Tempore of 17
the Senate, and one of the foregoing public members recommended by the Speaker of the House 18
of Representatives shall be parents of children receiving child care services. Of the remaining 19
two public members appointed by the Governor, one shall be a pediatrician currently licensed to 20
practice in North Carolina. Three of the members appointed by the Governor shall be child care 21
providers, one of whom shall be affiliated with a for profitfor-profit child care center, one of 22
whom shall be affiliated with a for profitfor-profit family child care home, and one of whom shall 23
be affiliated with a nonprofit facility. Two of the members appointed by the Governor shall be 24
early childhood education specialists. Two of the members appointed by the General Assembly 25
on the recommendation of the President Pro Tempore of the Senate, and two by the General 26
Assembly on recommendation of the Speaker of the House of Representatives, shall be child care 27
providers, one affiliated with a for profitfor-profit child care facility, and one affiliated with a 28
nonprofit child care facility. The General Assembly, upon the recommendation of the President 29
Pro Tempore of the Senate, and the General Assembly, upon the recommendation of the Speaker 30
of the House of Representatives, shall appoint two early childhood education specialists. None 31
of the members may be employees of the State. 32
(b) Members shall be appointed as follows: 33
(1) Of the Governor's initial appointees, four five shall be appointed for terms 34
expiring June 30, 2015,2020, and three four shall be appointed for terms 35
expiring June 30, 2016;2021. 36
H.B. 14
Jan 30, 2019
HOUSE PRINCIPAL CLERK

General Assembly Of North Carolina Session 2019
Page 2 DRH30007-MQ-7
(2) Of the General Assembly's initial appointees appointed upon recommendation 1
of the President Pro Tempore of the Senate, three two shall be appointed for 2
terms expiring June 30, 2015,2020, and two shall be appointed for terms 3
expiring June 30, 2016;2021. 4
(3) Of the General Assembly's initial appointees appointed upon recommendation 5
of the Speaker of the House of Representatives, two shall be appointed for 6
terms expiring June 30, 2015,2020, and three two shall be appointed for terms 7
expiring June 30, 2016.2021. 8
Appointments by the General Assembly shall be made in accordance with G.S. 120-121. 9
After the initial appointees' terms have expired, all members shall be appointed to serve two-year 10
terms. Any appointment to fill a vacancy on the Commission created by the resignation, 11
dismissal, death, or disability of a member shall be for the balance of the unexpired term. 12
(c) A vacancy occurring during a term of office is filled: 13
(1) By the Governor, if the Governor made the initial appointment; 14
(2) By the General Assembly, if the General Assembly made the initial 15
appointment in accordance with G.S. 120-122. 16
At its first meeting the Commission members shall elect a chairman Chair to serve a two-year 17
term.term expiring June 30, 2020. Chairmen A successor Chair shall be elected for two-year 18
terms thereafter. The same member may serve as chairman Chair for two consecutive terms. 19
Commission members may be removed pursuant to G.S. 143B-13(d). 20
Commission members may be reappointed and may succeed themselves for a maximum of 21
four consecutive terms. 22
The Commission shall meet quarterly, and at other times at the call of th