Bill Summary for S 512 (2023-2024)

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Summary date: 

May 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 512 (Public) Filed Monday, April 3, 2023
AN ACT TO INCREASE THE ACCOUNTABILITY OF PUBLIC BOARDS AND COMMISSIONS TO THE CITIZENS OF NORTH CAROLINA BY CHANGING THE APPOINTMENT STRUCTURE OF THOSE BOARDS AND COMMISSIONS.
Intro. by Daniel, Rabon, Berger.

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Bill summary

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

Deletes Part I to the act, which would have amended GS 62-10 to reduce the number of commissioners on the NC Utilities Commission from proposed change of nine to five, with the appointing authorities designated as follows: two by the Governor; one by the General Assembly, upon the recommendation of the Speaker of the House of Representatives; one by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate; and one by the State.  Renumbers remaining parts of the act to account for deleted Part I.

Part IV

Ends the terms of the current members serving on the NC Board of Transportation (BOT) from the date of expiration of their four-year terms under GS 143B-350 to an end-date of June 30, 2023, regardless of when the member’s term began. Sets forth a new initial BOT appointment schedule as follows:

  • The General Assembly will appoint Highway Division 1, 2, 3, 4, 5, 6, 7, 9, 12, and 14 BOT members, with terms to run from July 1, 2023, through June 30, 2025. Five of these appointments will be made upon recommendation of the President Pro Tempore of the Senate and five upon recommendation of the Speaker of the House of Representatives.  
  • The General Assembly will appoint Highway Division 8, 10, 11, and 13 BOT members, with terms beginning on July 1, 2023, and expiring on June 30, 2027. Two of these appointments will be made upon recommendation of the President Pro Tempore of the Senate and two upon recommendation of the Speaker of the House of Representatives.

(Previously, the General Assembly had three separate ways to appoint BOT members: (1) it would have appointed Highway Division 1, 3, 6, 9, 12, and 14 board members from the six division appointments expiring in 2024. Three of these appointments would have been made by the Senate and three by the House; (2) it would have appointed Highway Division 2, 4, 5, 7, and 8 board members from the five at-large appointments expiring in 2024. Three of these appointments would have been made by the Senate and two by the House; and (3) it would have appointed Highway Division 10, 11, and 13 board members from the remaining two division appointments expiring in 2026 and the one at-large appointment expiring in 2026. One of these appointments would have been made by the Senate and two by the House.)

  • The Governor will now appoint six at-large BOT members, with terms beginning July 1, 2023 and expiring June 30, 2027. (Was, the Governor would have appointed six at-large board members from the eight division appointments expiring in 2026.)

Now specifies that the act’s amended appointment framework under GS 143B-350 will begin on July 1 after the amended initial terms. Effective July 1, 2023.

Part VII

Makes clarifying change to the effective date.

Part IX

Changes the biennial election process of the UNC Board of Governors (BOG) under GS 116-6 by the Senate and the House to an appointment process to begin in 2025 and 2027, respectively, as follows. Beginning July 1, 2025, and every four years thereafter, the General Assembly will appoint members of the Board of Governors as follows: (1) seven members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, in accordance with GS 120-121 and (2) seven members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives, in accordance with GS 120-121. Beginning July 1, 2027, and every four years thereafter, the General Assembly will appoint members of the Board of Governors as follows: (1) seven members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with GS 120-121 and (2) seven members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with GS 120-121. Increases the number of voting members on the BOG from 24 to 28. Makes clarifying change to term of chair of the BOG. Makes language gender neutral. Makes conforming and organizational changes. Makes conforming changes to GS 116-6.1 (student member of BOG) and GS 138A-24(f) (evaluation of BOG statements of economic interest) to account for new number of members to BOG or appointment process. Makes conforming changes to GS 116-7 (general provisions concerning members of the BOG) and provides that vacancy appointments will be made by the General Assembly in the same manner as required for appointment under GS 116-6(a) for the remainder of the term of office.

Repeals GS 116-5 (setting forth initial election of members to the BOG).

Specifies that the General Assembly will appoint four additional members to the BOG as follows: (1) two members appointed to two-year terms beginning July 1, 2023, and expiring June 30, 2025. One appointment will be upon the recommendation of the President Pro Tempore of the Senate and one appointment will be upon the recommendation of the Speaker of the House of Representatives. Specifies that the initial two-year term will not count toward the three-term limit established in GS 116-6(e) and (2) two members appointed to four-year terms beginning July 1, 2023, and expiring June 30, 2027. One appointment will be upon the recommendation of the President Pro Tempore of the Senate and one appointment will be upon the recommendation of the Speaker of the House of Representatives.

Provides that members elected to the BOG as of the effective date of the act will serve the remainder of the terms. Provides that if a vacancy arises amongst the elected members filled on or after the effective date will be filled for the remainder of the term by appointment upon the recommendation of either the Speaker of the House of Representatives or the President Pro Tempore of the Senate, depending on which chamber elected the vacating member.