NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 498

HOUSE BILL 219

 

 

AN ACT TO AMEND THE COMPOSITION OF THE CHILD DAY-CARE LICENSING COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1. The first paragraph of G.S. 143B-376 is rewritten to read:

"The Child Day-Care Licensing Commission of the Department of Administration shall consist of 15 members, one of whom shall be the Governor and 14 of whom shall be citizen members appointed by the Governor, Lieutenant Governor and Speaker of the House, as hereinafter provided. The Governor may designate a representative to sit in his place on the commission. The 14 citizen members shall be appointed by the Governor, Lieutenant Governor and Speaker of the House, as hereinafter provided, with provision that none shall be employees of the State. Seven of said appointees shall be operators of day-care facilities subject to licensing, five of whom are actively engaged in operation for profit and two of whom shall be operators of nonprofit facilities and the Speaker of the House shall appoint one of the operators of a nonprofit facility. Of the five operators who are operating for profit, one shall be from a facility licensed for no more than 29 children, two shall be from a facility licensed for no more than 70 children and the Lieutenant Governor shall appoint one of these two members, and two shall be from a facility licensed for more than 70 children and the Speaker of the House shall appoint one of these two members. Seven appointees shall be citizens not employed by day-care facilities who have no direct or indirect pecuniary interest in such, but four of whom shall be a parent of a child in day care at the time of their appointment. The Lieutenant Governor shall appoint one of the seven members not employed by day-care. The term of the Governor shall end on the day his term of office ends, whether by death, resignation, or expiration of such term. At the end of the respective terms of office of the members of the commission, their successors shall be appointed for terms of three years. Any member shall serve only so long as that member meets the qualifications for appointment. Any appointment to fill a vacancy on the commission created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term."

Sec. 2. Persons serving on the commission on the effective date of this act who meet the criteria established in Section 1 shall serve until the expiration of their respective terms or until their resignation or replacement for cause.

The Governor, Lieutenant Governor and Speaker of the House shall appoint the new members required by this act no later than December 31, 1981. Of the four new members who do not have a pecuniary interest in day-care facilities, one shall serve an initial term of one year, one shall serve an initial term of two years, and two shall serve initial terms of three years. Thereafter, all public members shall serve three-year terms.

Sec. 3. This act shall be effective on December 31, 1981.

In the General Assembly read three times and ratified, this the 4th day of June, 1981.