OPEN MEETING CHANGES. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 445 (Public) Filed Wednesday, March 22, 2023
AN ACT TO AUTHORIZE REMOTE MEETINGS UNDER CERTAIN CIRCUMSTANCES.
Intro. by Winslow, Watford, Moss, Cairns.
Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (May 3 2023)

SOG comments (3):

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO REQUIRE THE PRESIDING CHAIR OF ALL OPEN MEETINGS TO REMIND THE PUBLIC BODY OF THE LIMITED NATURE OF DISCUSSION DURING A CLOSED SESSION AND TO REQUIRE THE PRESIDING CHAIR TO CERTIFY TO THE PUBLIC THAT ALL DISCUSSION DURING A CLOSED SESSION WAS RELATED TO THE REASON FOR THE CLOSED SESSION.

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO REQUIRE THE PRESIDING CHAIR OF ALL OPEN MEETINGS TO REMIND THE PUBLIC BODY OF THE LIMITED NATURE OF DISCUSSION DURING A CLOSED SESSION.

Long title change

Submitted by jhenders@sog.unc.edu on

Committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO REQUIRE THE PRESIDING CHAIR OF ALL OPEN MEETINGS TO REMIND THE PUBLIC BODY OF THE LIMITED NATURE OF DISCUSSION DURING A CLOSED SESSION AND TO AUTHORIZE REMOTE MEETINGS UNDER CERTAIN CIRCUMSTANCES.

Bill History:

H 445

Bill Summaries:

  • Bill H 445 (2023-2024)
    Summary date: May 3 2023 - View Summary

    House committee substitute to the 3rd edition makes the following changes.  

    Deletes proposed changes to GS 143-318.11. Makes a conforming deletion in GS 14-318.10. Makes conforming changes to the long title.

    Amends GS 143-318.13A to require when public body's remote meeting is held because a member cannot attend due to health issues or due to generally unexpected circumstances, that at least a quorum of the public body attend the open meeting in person. 

    Government, Public Records and Open Meetings
    GS 143
  • Bill H 445 (2023-2024)
    Summary date: Apr 26 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes.  

    Amends GS 143-318.11 to change reference from "motion to close a meeting" to "motion to enter into closed session." Makes technical change. Recodifies GS 166A-19.24 to GS 143-318.13A. Amends GS 143-318.13A (remote meetings during certain circumstances [was, declarations of emergency]) to expand the ability of a public body to conduct remote meetings during the following circumstances, in addition to the duration of a formal declaration of emergency: (1) during the time period one or more of the members of the public body cannot attend in person due to health issues that prevent attendance in person. Specifies that member or members will not be required to reveal details of the health condition and (2) during the time period one or more of the members of the public body cannot attend in person due to generally unexpected circumstances that prevent attendance in person. Specifies that member or members will not be required to reveal details of the generally unexpected circumstances. Amends notice provisions to require that the public body cite the reason for the remote meeting. Makes organizational and conforming changes. Deletes defined terms official meeting and public body. Makes conforming change to GS 143-318.10, GS 143-318.13(d), GS 143-318.14A(e), GS 153A-43(b), GS 160A-74(b), and GS 160A-75(b) to refer to recodified GS 143-318.13A as amended by the act.

    Makes conforming changes to act’s long and short titles.

    Government, Public Records and Open Meetings
    GS 143
  • Bill H 445 (2023-2024)
    Summary date: Apr 4 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. 

    Amends proposed new subsection (e) of GS 143-318.11 (Closed sessions) to require the chair, upon returning to open session, to state during open session whether the closed session complied with the statute's requirements regarding closed sessions (previously required certification that all discussion during the closed session was limited to permissible purposes cited in the motion duly made and adopted). Makes technical and conforming changes relating to requirements for the statement to be reduced to writing and signed by the presiding chair for inclusion in the open session minutes. Makes a corresponding change to GS 143-318.10(e) to include the statement of the presiding chair along with the minutes as public records under that statute.

    Changes the act's long title.

    Government, Public Records and Open Meetings
    GS 143
  • Bill H 445 (2023-2024)
    Summary date: Mar 22 2023 - View Summary

    As title indicates, amends GS 143-318.11 (Closed sessions) to require a chair of a public body to inform the body after adopting a motion to enter into closed session and prior to entering closed session that all discussion during the closed session is limited to the permissible purpose(s) cited in the motion to go into closed session. Requires the chair to make a certification that the issues discussed in the closed session were limited to the permissible purpose(s) when coming out of closed session, which must be written and signed so that it can be included in the minutes of the meeting. Makes a corresponding change to GS 143-318.10(e) to include the certification along with the minutes as public records under that section.

    Effective October 1, 2023, and applies to meetings held on or after that date. 

    Government, Public Records and Open Meetings
    GS 143
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