Between October 1998 and July 1, 1999, were the ex officio members of the NC Child Fatality Task Force allowed to vote on Task Force matters?

Plain-English summary

Mr. Bennett asked whether ex officio members of the N.C. Child Fatality Task Force could vote. The AG answered: “all ex officio members of the Task Force may vote on all matters until July 1, 1999.” After that date, only the Chief Medical Examiner among ex officio members could vote.

The timing came from two 1998 bills. Senate Bill 1260 added Chapter 7B, including § 7B-1402, which would bar the other ex officio members from voting when the chapter took effect on July 1, 1999. Senate Bill 1366, effective July 1, 1998, reflected the then-current rule in § 143-573(c) that all Task Force members, including ex officio members, could vote. The AG read the bills by their effective dates: the existing rule applied until Chapter 7B took effect.

Currency note

This opinion was issued in 1998 and addresses voting rules through a change scheduled for July 1, 1999. Check the law now in force for a current Task Force vote.

What this means for you

Task Force members reviewing the 1998 to 1999 period

For a matter before July 1, 1999, the opinion says every ex officio member could vote. For a matter on or after that date, it says only the Chief Medical Examiner among ex officio members could vote. It gives no ruling on the validity of any particular past vote.

Legislative and agency staff

The opinion ties the change to § 37(b) of Senate Bill 1260, which set July 1, 1999 as Chapter 7B's effective date. It identifies § 12.44 of Senate Bill 1366 and § 143-573(c) as the then-current authority for votes by all members.

Common questions

Q: Could every ex officio member vote before July 1, 1999?
A: Yes. The AG said all ex officio members could vote on all matters until that date.

Q: Which ex officio member could vote after July 1, 1999?
A: The Chief Medical Examiner alone, according to the new § 7B-1402 rule described in the opinion.

Q: Did the later-enacted Senate Bill 1366 override the 1999 change?
A: No. The opinion says Senate Bill 1366 reflected the rule then in effect. Chapter 7B's voting change took effect on July 1, 1999.

Q: Did the AG decide whether earlier Task Force votes were valid?
A: No. The letter answers who could vote under the two effective-date rules; it does not review any particular vote.

Background and statutory framework

Senate Bill 1260 was enacted on October 22, 1998 and signed on October 27. Its § 6 added Chapter 7B, and § 37(b) made that chapter effective July 1, 1999. The opinion says § 7B-1402 would then prohibit ex officio members other than the Chief Medical Examiner from voting.

Senate Bill 1366 was ratified October 28, 1998 and signed October 30. Its § 12.44 became effective July 1, 1998 and reflected the existing § 143-573(c) rule allowing every member to vote. The AG concluded that rule governed until Chapter 7B took effect.

Citations from the opinion

• N.C.G.S. § 143-573(c) (then-current voting rule)
• N.C.G.S. § 7B-1402 (voting rule effective July 1, 1999)
• Senate Bill 1260 (Session Law 1998-202), §§ 6 and 37(b)
• Senate Bill 1366 (Session Law 1998-212), § 12.44

Source

• Landing page: https://ncdoj.gov/opinions/nc-child-fatality-task-force-ex-officio-members-as-voting-members-of-the-task-force/

Original opinion text

• 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