North Carolina § 143B-1311 - Membership.

§ 143B-1311. Membership.

The North Carolina Military Affairs Commission shall consist of 23 voting members who are appointed by the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate, nonvoting members, and nonvoting ex officio members as designated in this section. The voting members of the Commission shall be appointed as follows: Thirteen members appointed by the Governor, consisting of: One person residing near Camp Lejeune, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Marine Corps Air Station Cherry Point, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Seymour Johnson Air Force Base, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Ft. Bragg, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Coast Guard Station Elizabeth City, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. Six persons who may reside in any part of the State, who are involved in military issues through civic, commercial, or governmental relationships. One person who is a resident of North Carolina with a long-term connection to the State and who is a current or retired member of the North Carolina National Guard involved in a military affairs organization or involved in military issues through civil, commercial, or governmental relationships. One person who is a resident of North Carolina with a long-term connection to the State and who is a current or retired member of a reserve component of the Air Force, Army, Navy, or Marines and who is involved in a military affairs organization or involved in military issues through civic, commercial, or governmental relationships. Five members appointed by the Speaker of the House of Representatives, consisting of: One member of the House of Representatives. A House member who has served in the military or has extensive experience in the area of military affairs shall be selected. One person residing near Camp Lejeune, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Marine Corps Air Station Cherry Point, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Seymour Johnson Air Force Base, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Ft. Bragg, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. Five members appointed by the President Pro Tempore of the Senate, consisting of: One member of the Senate. A Senate member who has served in the military or has extensive experience in the area of military affairs shall be selected. One person residing near Camp Lejeune, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Marine Corps Air Station Cherry Point, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Seymour Johnson Air Force Base, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. One person residing near Ft. Bragg, who is retired from the military and is actively involved in a military affairs organization, or a person who is involved in military issues through civic, commercial, or governmental relationships. The following members of the General Assembly shall serve as nonvoting members of the Commission: One member of the House of Representatives, appointed by the Speaker of the House of Representatives, who represents a district which contains all or any portion of one of the military installations described in sub-subdivisions b. through e. of subdivision (2) of subsection (b) of this section. One member of the Senate appointed by the President Pro Tempore of the Senate, who represents a district which contains all or any portion of one of the military installations described in sub-subdivisions b. through e. of subdivision (3) of subsection (b) of this section. The following office holders or their designee, shall serve as nonvoting ex officio members of the Commission: The Lieutenant Governor. Secretary of Public Safety. Secretary of Commerce. The Secretary of Transportation. The Secretary of Evironmental Quality. The Commissioner of Agriculture. Adjutant General of the North Carolina National Guard. The Mayor of Elizabeth City, or designee. The Mayor of Fayetteville, or designee. The Mayor of Goldsboro, or designee. The Mayor of Havelock, or designee. The Mayor of Jacksonville, or designee. The Assistant Secretary for Veterans Affairs, Department of Administration. The President of The University of North Carolina. The President of the North Carolina Community College System. The Superintendent of Public Instruction. The following officers, or their designee, shall be invited to serve as nonvoting ex officio members of the Commission: Commanding General, 18th Airborne Corps, Ft. Bragg. Commanding General, Marine Corps Installations East. Commanding Officer, Marine Corps Air Station, Cherry Point. Commanding Officer, 4th Fighter Wing, Seymour Johnson Air Force Base. Commanding Officer, U.S. Army Corps of Engineers, Wilmington District. Commanding Officer, U.S. Coast Guard Base, Elizabeth City. Commanding Officer, Marine Corps Air Station, New River. Commanding Officer, Camp Lejeune Marine Corps Base. Commanding Officer, Fleet Readiness Center East. Commanding Officer, Military Ocean Terminal, Sunny Point. Commanding Officer, Coast Guard Sector North Carolina. Commanding Officer, Naval Support Activity Hampton Roads. The Chair of the Commission shall be appointed by the Governor from the voting members of the Commission. A member of the General Assembly who is appointed to the Commission shall not vote on matters that expend funds appropriated by the General Assembly. The voting members of the Commission shall serve for two-year terms, with no prohibition against being reappointed, except initial appointments shall be for terms as follows: The Governor shall initially appoint seven members for a term of two years and four members for a term of three years. The President Pro Tempore of the Senate shall initially appoint the member of the Senate and two members for a term of two years and two members for a term of three years. The Speaker of the House of Representatives shall initially appoint the member from the House of Representatives and two members for a term of two years and two members for a term of three years. The initial meeting of the Commission shall be within 30 days of the effective date of this act at a time and place to be determined by the Secretary of Commerce. The first order of business at the initial meeting of the Commission shall be the adoption of bylaws and establishment of committees, after which the Commission shall meet upon the call of the Chairman or the Secretary of the Department of Military and Veterans Affairs. The members shall receive no compensation for attendance at meetings, except a per diem expense reimbursement. Members of the Commission who are not officers or employees of the State shall receive reimbursement for subsistence and travel expenses at rates set out in G.S. 138-5 from funds made available to the Commission. Members of the Commission who are officers or employees of the State shall be reimbursed for travel and subsistence at the rates set out in G.S. 138-6 from funds made available to the Commission. The Department of Military and Veterans Affairs shall use funds within its budget for the per diem, subsistence, and travel expenses authorized by this subsection. Initial terms shall commence on August 1, 2013. History (2001-424, s. 12.1; 2001-486, s. 2.9(a), (b); 2004-49, s. 1; 2011-145, ss. 9.6A, 19.1(g); 2013-227, s. 2; 2015-241, ss. 14.30(y), 24.1( l ), (x); 2015-268, s. 7.3(a); 2015-297, s. 1; 2017-57, s. 19.1(c); 2018-5, s. 19.3(d).) Editor's Note. - Former G.S. 127C-2 was recodified by Session Laws 2015-241, s. 24.1( l ), as G.S. 143B-1311. Subsections (b1) and (c1), as added by Session Laws 2013-227, s. 2, and the remaining subsequent subsections, were redesignated at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made the recodification of this section by Session Laws 2015-241, s. 24.1( l ), and amendment by Session Laws 2015-241, s. 24.1(x), effective July 1, 2015. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2004-49, s. 1, effective June 24, 2004, substituted "15 nonvoting" for "nine nonvoting" in subsection (a); and in subsection (c), added subdivision (1), redesignated former subdivision (1) as subdivision (1a), inserted the subdivisions designated herein as subdivisions (2a) and (2b), and added the subdivisions designated herein as subdivisions (10), (11), and (12). Session Laws 2011-145, s. 9.6(a), effective July 1, 2011, substituted "17 nonvoting, ex officio members" for "15 nonvoting, ex officio members" in subsection (a); and added subdivisions (c)(13) and (c)(14). Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivision (c)(1a). Session Laws 2013-227, s. 2, effective August 1, 2013, rewrote the section. Session Laws 2015-241, s. 14.30(y), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of the Department of Environment and Natural Resources" in subdivision (d)(5). Session Laws 2015-241, s. 24.1(x), effective July 1, 2015, in subsection (h), substituted "Secretary of the Department of Military and Veterans Affairs" for "Military Advisor within the Office of the Governor" in the second sentence; and substituted "Department of Military and Veterans Affairs" for "Department of Commerce" in the last sentence. For effective date, see editor's note. Session Laws 2015-297, s. 1, effective October 30, 2015, substituted "23 voting members" for "21 voting members" in subsection (a); and in subdivision (b)(1), substituted "thirteen members" for "eleven members" in the introductory language; and added sub-subdivisions (b)(1)g. and (b)(1)h. Session Laws 2017-57, s. 19.1(c), effective July 1, 2017, added the last sentence in subdivision (b)(2)(a); and added the last sentence in subdivision (b)(3)(a). Session Laws 2018-5, s. 19.3(d), effective July 1, 2018, in sub-subdivision (b)(2)a., deleted the former last sentence, which read: "The House member shall not vote on matters that expend funds appropriated by the General Assembly."; in sub-subdivision (b)(3)a., deleted the former last sentence, which read: "The Senate member shall not vote on matters that expend funds appropriated by the General Assembly."; and, in subsection (f), added the last sentence.