GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	2 

HOUSE BILL 491
Committee Substitute Favorable 4/28/97

Short Title:  Consolidate Youth Councils/AB.	(Public)

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Sponsors:

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Referred to: 

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March 10, 1997

A BILL TO BE ENTITLED
AN ACT TO CONSOLIDATE THE STATE YOUTH ADVISORY AND NORTH CAROLINA INTERNSHIP COUNCILS WITHIN THE GOVERNOR'S COUNCIL ON CHILDREN AND YOUTH AND CREATE THE COUNCIL FOR YOUTH IN THE DEPARTMENT OF ADMINISTRATION AND TO MAKE CONFORMING CHANGES TO OTHER RELATED STATUTES.
The General Assembly of North Carolina enacts:
Section 1.  Part 18 of Article 9 of Chapter 143B of the General Statutes is repealed.
Section 2.  G.S. 143B-414 reads as rewritten:
"§ 143B-414. Governor's Council on Children and Youth – creation; powers and duties.
(a)	There is hereby created the Governor's Council on Children and Youth of the Department of Administration. 
(b)	The Council shall have the following functions and duties:
(1)	To act as an advocate for children and youth within State and local governments, and with private agencies serving children and youth;
(2)	To provide assistance to individuals and children in child advocacy systems within the State;
(3)	To perform a continuing review of existing programs of State  government for children and youth and their families;
(4)	To, in cooperation with State, local or private agencies, identify needs of children and youth and their families that are not currently being met and recommend new programs or improvement of existing programs;
(5)	To review any new programs affecting children and youth proposed by any State agency and recommend changes to avoid duplication of services, to promote better planning, or otherwise to make more effective use of available resources;
(5.1)	To screen applications for student internships and select from these applications the recipients of student internships;
(5.2)	To determine the appropriateness of proposals for projects for student interns submitted by the offices and departments enumerated in subdivision (5.3) of this subsection;
(5.3)	To determine the number of student interns to be allocated to each of the following offices or departments:
a.	Office of the Governor
b.	Department of Administration
c.	Department of Correction
d.	Department of Cultural Resources
e.	Department of Revenue
f.	Department of Transportation
g.	Department of Environment, Health, and Natural Resources
h.	Department of Commerce
i.	Department of Crime Control and Public Safety
j.	Department of Human Resources
k.	Office of the Lieutenant Governor
l.	Office of the Secretary of State
m.	Office of the State Auditor
n.	Office of the State Treasurer
o.	Department of Public Instruction
p.	Department of Agriculture
q.	Department of Labor
r.	Department of Insurance
s.	Office of the Speaker of the House of Representatives
t.	Justices of the Supreme Court and Judges of the Court of Appeals
u.	Department of Community Colleges
v.	Office of State Personnel
w.	Office of the Senate President Pro Tempore;
(5.4)	To receive on behalf of the Department of Administration and to recommend expenditure of gifts and grants from public and private donors and to award grants;
(5.5)	To suggest, monitor, and impact legislation affecting children and youth;
(6)	To present an annual report to the Governor concerning the health and well-being of North Carolina's children and youth and the effectiveness of current programs and the need for new programs for children and youth;
(7)	To provide information to the general public and State, local and private agencies serving children and youth and their families concerning the activities and findings of the Council; 
(8)	To advise the Secretary of Administration upon any matter the Secretary may refer to it; and
(9)	To adopt bylaws, guidelines, and policies necessary to carry out its powers and duties and to recommend rules to the Secretary of Administration that the Secretary may adopt.  This function shall not require the Secretary to adopt rules nor prevent the Secretary from adopting rules when the Secretary believes them to be necessary or desirable."
Section 3.  G.S. 143B-415 reads as rewritten:
"§ 143B-415.  Governor's Council on Children and Youth – members; selection; quorum; compensation.
(a)	The Governor's Council on Children and Youth shall consist of 20 members as follows:
(1)	One Senator appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(2)	One representative of a child or youth organization appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.
(3)	One Representative appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(4)	One representative of a child or youth organization appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.
(5)	Sixteen members appointed by the Governor as follows:
a.	An attorney.
b.	Two young adults, each of whom is over 18 years old but less than 25 years old at the time of appointment and who have an interest in and knowledge of children or youth services or programs.
c.	Two public college or university representatives, one of whom must represent an historically African-American college or university.
d.	A private college or university representative.
e.	A community college representative.
f.	Two male and two female youths, each of whom is 18 years old or younger at the time of appointment.
g.	Five representatives of children and youth organizations.
(b)	The members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate and upon the recommendation of the Speaker of the House of Representatives shall serve for two-year terms to commence as of July 1.  The youth members 18 years old or younger appointed by the Governor shall serve two-year terms to commence as of July 1.  The initial term for six of the remaining members appointed by the Governor shall be one year to commence as of July 1.  The initial terms of the remaining six members appointed by the Governor shall be two years to commence as of July 1.  At the end of the respective terms of office of these last 12 members appointed by the Governor, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify.
Of the members appointed by the Governor, at least one shall come from each congressional district in accordance with G.S. 147-12(3b).
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.  Other vacancies shall be filled in the same manner as the original appointment.
(c)	Each appointing officer may remove any member of the Council appointed by that officer.
The Governor shall designate from the membership of the Council a chair and a vice-chair to serve at the Governor's pleasure for not more than two terms.
The members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business. 
(d)	All administrative, management, clerical and other functions and services required by the Council shall be supplied by the Secretary of Administration."
Section 4.  G.S. 143B-416 reads as rewritten:
"§ 143B-416. Governor's Council on Children and Youth – access to information.
Unless otherwise prohibited by law, every State and local agency, department, board, commission, school, or corporation that supervises, administers, or otherwise directs programs or services for children and youth shall provide the Council with any requested information relating to such programs and services."
Section 5.  G.S. 143B-385 and G.S. 143B-386 are repealed.
Section 6.  G.S. 143B-387 reads as rewritten:
"§ 143B-387. North Carolina Council for Youth – creation; powers and duties.
(a)	There is created the North Carolina Council for Youth in the Department of Administration.
(b)	The Council shall have the following functions and duties:
(1)	To consider problems affecting youth and recommend solutions or approaches to these problems to State and local governments and their officials;
(2)	To promote statewide activities for the benefit of youth; 
(3)	To encourage the establishment and support of local youth councils in every county of the State;
(4)	To receive on behalf of the Department of Administration and to recommend to the Secretary of Administration the expenditure of gifts and grants from public and private donors and to award grants;
(5)	To advise the Secretary of Administration upon any matter the Secretary may refer to it; and
(6)	To perform any other duties as may be assigned to it by the Secretary of Administration."
Section 7.  Part 7 of Article 9 of Chapter 143B is amended by adding a new section to read:
"§ 143B-387.1.  North Carolina Council for Youth – members; selection; quorum; compensation.
(a)	The North Carolina Council for Youth shall consist of 12 members appointed by the Governor.  Each member shall be 18 years old or younger at the time of appointment.  The Governor may remove any member of the Council.
(b)	The initial term of six of the members shall be one year to commence as of July 1.  The initial terms of the remaining six members shall be two years to commence as of July 1.  At the end of the respective terms of office of the initial members of the Council, the appointment of their successors shall be for terms of two years and until their successors are appointed and qualify.
At least one member shall come from each congressional district in accordance with G.S. 147-12(3b).
Any appointment to fill a vacancy on the Council shall be for the balance of the unexpired term.
(c)	The Governor shall designate from the initial membership of the Council a chair and a vice-chair to serve at the Governor's pleasure for no more than one year.  After this initial first-year appointment, the Council shall elect annually a chair and a vice-chair to serve a one-year term in their respective offices.
The members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
A majority of the Council shall constitute a quorum for the transaction of business.
(d)	All administrative, management, clerical, and other functions and services required by the Council shall be supplied by the Secretary of Administration."
Section 8.  The terms of all current members of the Governor's Advocacy Council on Children and Youth and the State Youth Council shall terminate on June 30, 1997, no matter the expiration date of their terms, and the terms of all new appointees to the Governor's Council on Children and Youth and the North Carolina Council for Youth shall begin on July 1, 1997.
Section 9.  The Revisor of Statutes is authorized to delete any reference to the Governor's Advocacy Council on Children and Youth in any portion of the General Statutes to which conforming amendments are not made by this act and to substitute, as appropriate and consistent with this act, the Governor's Council on Children and Youth.
Section 10.  The Revisor of Statutes is authorized to delete any reference to the State Youth Council in any portion of the General Statutes to which conforming amendments are not made by this act and to substitute, as appropriate and consistent with this act, the North Carolina Council for Youth.
Section 11.  This act becomes effective July 1, 1997.