North Carolina § 143B-394 - 15. Commission established; purpose; membership; transaction of business.

§ 143B-394. 15. Commission established; purpose; membership; transaction of business.

Establishment. - There is established the Domestic Violence Commission. The Commission shall be located within the Department of Administration for organizational, budgetary, and administrative purposes. Purpose. - The purpose of the Commission is to (i) assess statewide needs related to domestic violence, (ii) assure that necessary services, policies, and programs are provided to those in need, (iii) strengthen the existing domestic violence programs which have been established pursuant to G.S. 50B-9 and are funded through the Domestic Violence Center Fund, and (iv) recommend new domestic violence programs. Membership. - The Commission shall consist of 38 members, who reflect the geographic and cultural regions of the State, as follows: Nine persons appointed by the Governor, one of whom is a clerk of superior court; one of whom is an academician who is knowledgeable about domestic violence trends and treatment; one of whom is a member of the medical community; one of whom is a United States Attorney for the State of North Carolina or that person's designee; one of whom is a member of the North Carolina Bar Association who has studied domestic violence issues; one of whom is a representative of a victims' service program eligible for funding by the Governor's Crime Commission or the North Carolina Council for Women; one of whom is a member of the North Carolina Coalition Against Domestic Violence; one of whom is a former victim of domestic violence; and one of whom is a member of the public at large. Nine persons appointed by the General Assembly, upon recommendation of the President Pro Tempore of the Senate, one of whom is a district court judge; one of whom is a district attorney or assistant district attorney; one of whom is a representative of the law enforcement community with specialized knowledge of domestic violence issues; one of whom is a county manager; one of whom is a representative of a community legal services agency who works with domestic violence victims; one of whom is a representative of the linguistic and cultural minority communities; one of whom is a representative of a victims' service program eligible for funding by the Governor's Crime Commission or the North Carolina Council for Women; and two of whom are members of the public at large. Nine persons appointed by the General Assembly, upon recommendation of the Speaker of the House of Representatives, one of whom is a magistrate; one of whom is a member of the business community; one of whom is a district court judge; one of whom is a representative of a victims' service program eligible for funding by the Governor's Crime Commission or the North Carolina Council for Women; one of whom is a representative of the law enforcement community with specialized knowledge of domestic violence issues; one of whom provides offender treatment and is approved by the North Carolina Council for Women; one of whom is a representative of the linguistic and cultural minority communities; and two of whom are members of the public at large. The following persons or their designees, ex officio: The Governor. The Lieutenant Governor. The Attorney General. The Secretary of Administration. Repealed by Session Laws 2017-102, s. 24, effective July 12, 2017. The Superintendent of Public Instruction. The Secretary of Public Safety. The Secretary of Health and Human Services. The Director of the Office of State Human Resources. The Chair of the North Carolina Council for Women. The Dean of the School of Government at the University of North Carolina at Chapel Hill. The Chairman of the Governor's Crime Commission. Terms. - Members 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 five members for terms of two years and four members for terms of three years. The President Pro Tempore of the Senate shall initially appoint five members for terms of two years and four members for terms of three years. The Speaker of the House of Representatives shall initially appoint five members for terms of two years and four members for terms of three years. Chair. - The chair shall be appointed biennially by the Governor from among the membership of the Commission. The initial term shall commence on September 1, 1999. Vacancies. - A vacancy on the Commission or as chair of the Commission resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. Compensation. - The Commission members shall receive no salary as a result of serving on the Commission but shall receive per diem, subsistence, and travel expenses in accordance with the provisions of G.S. 120-3.1, 138-5, and 138-6, as applicable. When approved by the Commission, members may be reimbursed for subsistence and travel expenses in excess of the statutory amount. Removal. - Members may be removed in accordance with G.S. 143B-13 as if that section applied to this Article. Meetings. - The chair shall convene the Commission. Meetings shall be held as often as necessary, but not less than four times a year. Quorum. - A majority of the members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present at meetings of the Commission shall be necessary for action to be taken by the Commission. Office Space. - The Department of Administration shall provide office space in Raleigh for use as offices by the Domestic Violence Commission, and the Department of Administration shall receive no reimbursement from the Commission for the use of the property during the life of the Commission. Staffing. - The Secretary of the Department of Administration shall be responsible for staffing the Commission. Initial terms shall commence on September 1, 1999. History (1999-237, s. 24.2(b); 2001-424, s. 7.7; 2006-264, s. 29(o); 2009-342, s. 1; 2011-145, s. 19.1(g), (i); 2013-382, s. 9.1(c); 2015-9, s. 2.2; 2017-102, s. 24.) Editor's Note. - Session Laws 2009-52, ss. 1-4, as amended by Session Laws 2013-70, ss. 1-3, provides for the establishment of a multidisciplinary Domestic Violence Fatality Prevention and Protection Review Team to identify and review domestic violence-related deaths and facilitate communication which team is modeled upon the North Carolina Child Fatality Prevention Team. The team shall consist of a lead agency, Community Support Services of Charlotte, North Carolina, and representatives of public and nonpublic agencies in the community serving domestic violence victims. The team shall meet at least four times annually and shall: study the incidences and causes of death in domestic violence incidents; develop a system for multidisciplinary review; examine issues on confidentiality; make recommendations for improvements and resources; and perform other functions necessary to carry out the team's mandate. The team is granted access to to records and documentation concerning domestic violence cases; however, access shall be limited when investigations are pending and confidentiality shall be maintained Finally, the General Assembly is not obligated to appropriate funds to implement the provisions of the act. Session Laws 2009-342, s. 7, provides: "The North Carolina Domestic Violence Commission, in consultation with the North Carolina Coalition Against Domestic Violence and the North Carolina Coalition Against Sexual Assault, shall study the issue of State oversight and coordination of services to victims of sexual violence and whether sexual violence should be included as a focus area of the Commission. The study shall include, but is not limited to, a review of the organization and membership of entities in other states that provide (i) information and recommendations to state legislatures on domestic and sexual violence and (ii) information and services to the public regarding these issues. The Commission shall report its findings and recommendations to the Joint Legislative Committee on Domestic Violence by February 1, 2010." Session Laws 2013-382, s. 9.1(b), provides: "The following entities and positions created by Chapter 126 of the General Statutes are hereby renamed by this act: "(1) The State Personnel Commission is renamed the 'North Carolina Human Resources Commission.' "(2) The Office of State Personnel is renamed the 'North Carolina Office of State Human Resources.' "(3) The State Personnel Director is renamed the 'Director of the North Carolina Office of State Human Resources.'" Session Laws 2013-382, s. 9.1(c), provides: "Modification of References. - The Revisor of Statutes shall delete any references in the General Statutes to the State Personnel Act, State Personnel Commission, the State Personnel Director, and the Office of State Personnel (or any derivatives thereof) and substitute references to the North Carolina Human Resources Act, the State Human Resources Commission, the Director of the Office of State Human Resources, and the Office of Human Resources (or the appropriate derivative thereof) to effectuate the renaming set forth in this section wherever conforming changes are necessary." The preamble to Session Laws 2015-9 provides, in part: "Whereas, the holding of the North Carolina Supreme Court in Wallace v. Bone, 304 N.C. 591 (1982), prohibits legislators from serving on certain boards; and "Whereas, since Wallace v. Bone, the General Assembly has periodically enacted legislation removing legislators from serving in such capacities when those instances arise; and "Whereas, the General Assembly has determined that legislators are not eligible to serve on certain existing boards and commissions; Now, therefore," Effect of Amendments. - Session Laws 2006-264, s. 29(o), effective August 27, 2006, substituted "Dean of the School of Government at the University of North Carolina at Chapel Hill" for "Director of the Institute of Government" in subdivision (c)(4)k. Session Laws 2009-342, s. 1, effective July 24, 2009, in subsection (b), substituted "(iii) strengthen the" for "and (iii) coordinate and collaborate with the North Carolina Council For Women in strengthening the" near the middle, and "Fund, and (iv) recommend" for "Fund and in establishing" near the end; in subdivision (c)(4), substituted "The Chair" for "The Executive Director"; and in subsection ( l ), deleted the former last sentence, which read: "To that end, the Secretary shall, at a minimum, assign an employee to serve as a Deputy Director within the North Carolina Council for Women whose primary duties shall be to staff the Commission. The person assigned as Deputy Director shall have the education, experience, and any other qualifications necessary for the position." Session Laws 2011-145, s. 19.1(g) and (i), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivision (c)(4)e. and substituted "Secretary of Public Safety" for "Secretary of the Department of Correction" in subdivision (c)(4)g. Session Laws 2013-382, s. 9.1(c), effective August 21, 2013, substituted "Director of the Office of State Human Resources" for "Director of the Office of State Personnel" in subdivision (c)(4)i. Session Laws 2015-9, s. 2.2, effective April 27, 2015, in subdivision (c)(2), deleted "one of whom is a member of the Senate" following "President Pro Tempore of the Senate" near the beginning, and substituted "two of whom are members" for "one two of whom is a member" near the end; and in subdivision (c)(3), deleted "one of whom is a member of the House of Representatives" following "Speaker of the House of Representatives" near the beginning, and substituted "two of whom are members of the public at large" for "one of whom is a public member" at the end. Session Laws 2017-102, s. 24, effective July 12, 2017, in subsection (c), substituted "38 members" for "39 members" in the introductory paragraph, deleted "the Department of" preceding "Administration" in subdivision (4)d and preceding "Health and Human" in subdivision (4)h, and deleted former subdivision (4)e, which read: "The Secretary of the Department of Public Safety."