Senate Bill 10, the Government Reorganization and Efficiency Act, was introduced back in January 2013.   It’s received a lot of attention since then for some of its more controversial provisions.  Namely, it would have dismissed all current members of the N.C. Utilities Commission, state Industrial Commission, Coastal Resources Commission, Environmental Management Commission and Wildlife Resources Commission.  It would have also eliminated 12 special Superior Court judgeships – all of whom were appointed by Democratic governors.  Opponents of SB 10 complained that removal of all current members of these commissions would deprive taxpayers of the officials’ years of experience and knowledge.  The language of SB 10 specifically exempted North Carolina Business Court judges from elimination. The NC School of Government posted an interesting discussion on the constitutionality of bill’s elimination of the special Superior Court judge positions.

On Monday, March 5th the House gave final approval to its version of SB 10, which differs from the version that was previously passed by the Senate.  The bill then went to conference committee in order for the two chambers to work out a compromise on the judges – the House wanted to keep the judges that the Senate wanted to replace with McCrory appointees.  Compromise attempts failed and bill was withdrawn from conference committee in late April, in part because the Governor appointed two judges.  This effectively rendered SB 10 dead. 

It looks like SB 10 is now back from the grave.   Yesterday a new version of the Government Reorganization and Efficiency Act was introduced in the House as HB 1011.   Absent from this resurrection of SB 10 is the wholesale replacement of members of the State Board of Elections and the Utilities Commission and the removal of Superior Court judges.  You can follow the progress of HB 1011 here.  

We’ve heard rumblings that the General Assembly may add some seats to the Business Court to offset any loss of special Superior Court judges, should that provision sneak back in.  We’ll keep you updated on the status of HB 1011.  We may have a whole new Industrial Commission on the horizon.