Bill Summary for S 410 (2021)

Bill Information:

View NCGA Bill Details2021
Senate Bill 410 (Public) Filed Tuesday, March 30, 2021
AN ACT TO CLARIFY THAT THE OPEN MEETINGS LAW AND THE PUBLIC RECORDS LAW APPLY TO THE OPERATIONS OF THE COUNCIL OF STATE, TO PROVIDE THAT NON-DISCLOSURE AGREEMENTS ARE SUBJECT TO DISCLOSURE UNDER THE PUBLIC RECORDS LAWS, TO AMEND THE COMPOSITION OF VARIOUS BOARDS TO REFLECT THE INCREASE IN APPORTIONMENT OF THE STATE'S CONGRESSIONAL DELEGATION, AND TO REQUIRE A REMINDER OF CLOSED SESSIONS TO MEMBERS OF A PUBLIC BODY.
Intro. by Galey, Perry, Lazzara.

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Bill summary

House committee substitute replaces the content of the 2nd edition with the following.

Part I.

Amends GS 143-318.10 to specify that the term "public body," as used in Article 33, which regulates meetings of public bodies, includes any entity described whether established by State constitution or otherwise.

Amends GS 132-1(a), defining public record, to specify that the term "agency of North Carolina government or its subdivisions" includes every public body subject to Article 33C, GS Chapter 143. 

Effective January 1, 2023, amends GS 147-13, adding a new requirement for the Governor to convene the Council of State whenever statutes call for the concurrence, advice, discretion, opinion, or consent of the Council of State. Now requires Council proceedings, rather than advice and proceedings, to be entered in a journal and signed by present members. Adds a new subsection, deeming the convening of the Council subject to Article 33C, GS Chapter 143, and specifying that the minutes required under that Article include the journal kept pursuant to this statute. Makes technical changes. Makes language gender neutral. 

Directs the Council to adopt rules establishing a comprehensive system of parliamentary procedure on or before October 1, 2022, including the method of introducing and considering resolutions presented by members and the posting of the journal and minutes online. Deems Mason's Manual of Legislative Procedure to apply in the absence of such adoption, effective for meetings held after October 1, 2022. Requires the Governor to provide posting of all minutes and the journal online within 10 business days of each Council meeting. 

Requires the Council to review its department rules recorded in Chapter 1 of Title 06 of the NCAC by October 1, 2022, and initiate any amendments required for compliance with the NCGA and the act by that date. 

Specifies that this Part clarifies and restates the intent of existing law that meetings, deliberations, and actions of the Council of State be conducted openly. 

Part II.

Amends GS 7A-761, changing membership of the 22-member Human Relations Commission of the Civil Rights Division of the Office of Administrative Hearings, now providing for the Governor to appoint one member from each of the 14 congressional districts (was, 13 districts), and four members at large (was, five members at large). Makes technical and clarifying changes. 

Amends GS 116-233, adding an additional member to the Board of Trustees of the School of Science and Math, accounting for an additional appointee of the Board of Governors from each congressional district, to now provide for 31 total members (was, 30).

Amends GS 140-5.13, adding an additional member to the Board of Trustees of the NC Museum of Art, accounting for an additional member appointed by the Governor from each congressional district, to now provide for 26 total members (was, 25). Makes technical changes. 

Corrects a statutory cross-reference in GS 143B-148.

Changes the act's titles.

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