November 17, 1998
Mr. Thomas Vance Bennett Executive Director
- N.C.
- Child Fatality Task Force
- P.
- O. Box 29597 Raleigh, North Carolina 27626-0597
RE: Advisory Opinion; N.C. Child Fatality Task Force; Ex Officio Members as Voting Members of the Task Force; N.C.G.S. § 143-573 (c); Senate Bill 1260 (Session Law 1998-202); Senate Bill 1366 (Session Law 1998-212)
Dear Mr. Bennett:
You ask whether ex officio members of the N.C. Child Fatality Task Force may vote.
For reasons which follow, all ex officio members of the Task Force may vote on all matters until July 1, 1999. Thereafter, the Chief Medical Examiner is the only ex officio member who is entitled to vote on matters coming before the Task Force.
Senate Bill 1260 (Session Law 1998-202) was enacted by the General Assembly October 22, 1998, and signed into law by the Governor on October 27, 1998. Section 6 of Senate Bill 1260 added a new Chapter 7B, which among other things changed the structure of the N.C. Child Fatality Task Force. One change is reflected in N.C.G.S. § 7B-1402, which does not become effective until July 1, 1999. That change is to prohibit all ex officio members of the Task Force from voting on matters before the Task Force, except the Chief Medical Examiner. As provided in Section 37 (b) of Senate Bill 1260, the new Chapter 7B, which includes N.C.G.S. § 7B-1402, goes into effect July 1, 1999.
Senate Bill 1366 (Session Law 1998-212) was ratified by the General Assembly on October 28, 1998, six days after Senate Bill 1260, and signed into law by the Governor on October 30, 1998. Section 12.44 of Senate Bill 1366, which became effective July 1, 1998, reflects the present status of the law that all members of the Task Force, including ex officio members, may vote. See, N.C.G.S. § 143-573(c). When Chapter 7B becomes law on July 1, 1999, the Chief Medical Examiner will be the only ex officio member of the Task Force entitled to vote.
Should you have any further questions, please feel free to contact me.
signed by:
Andrew A. Vanore, Jr. General Counsel