Bill Summary for S 410 (2021)

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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 to the 3rd edition makes the following changes.

Part I.

Further amends GS 132-1 by adding a new subsection prohibiting the State's agencies or subdivisions from entering into a non-disclosure agreement in order to restrict access to public records subject to disclosure under GS Chapter 132. Makes public record a contract under which a State agency or subdivision agrees not to disclose information that is deemed confidential, unless the existence of the contract is deemed confidential. Requires a non-disclosure agreement to be included in the minutes of each closed session meeting if the agreement is associated with one or more closed session meetings.

Part II.

Amends GS 7A-761, now providing for the Governor to appoint 18 members to the Human Relations Commission of the Civil Rights Division of the Office of Administrative Hearings, with one member appointed from each of the congressional districts with the remaining members appointed at large (previously specified that the Governor appointed one member from each of the 14 congressional districts and four members at large). Makes additional clarifying and organizational changes to the statute.

Amends GS 116-233, by amending the number of members on the Board of Trustees of the School of Science and Math, by removing the specified total number of members and to include a number of members equal to the membership of the House of Representatives of the US Congress apportioned to the state by federal law (was, fourteen members), who are to be appointed by the UNC Board of Governors, one from each congressional district. Further amends the statute by adding that the Board of Governors, in appointing a position created by Congressional reappointment, under the previous provision, may provide that appointment an initial term of two years if it is determined that the shorter term is necessary to maintain staggered terms. Makes these provisions effective July 1, 2023. Requires the member appointed to the position created by this section to be appointed to a term ending June 30, 2027. Prohibits an appointee from being added in accordance with GS 143B-13(f2) before July 1, 2023, due to reapportionment following the 2020 federal decennial Census. GS 143B-13(f2) provides that whenever a statute requires that the Governor or any board, commission, council, person, or agency appoint one or more persons from each congressional district to a board, commission, or council, and the statute fails to provide for a procedure to fill the extra position due to the addition of an additional congressional district, then the appointing authority must appoint a person for a term commencing on January 3rd of the year in which the addition of the additional congressional district becomes effective.

Amends GS 140-5.13, by amending the number of members of the Board of Trustees of the NC Museum of Art, to no longer specify a total number of members and to include the Governor's appointment of a number of members equal to the membership of the House of Representatives of the US Congress apportioned to the State by federal law (was, the Governor must appoint 14 members, one from each congressional district). 

Changes the statutory cross-reference in GS 143B-148 to now require that the specified members of the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services be appointed by the Governor, one from each congressional district in the State in accordance with GS 143B-13 (Appointment, qualifications, terms, and removal of members of commissions) instead of GS 147-12(3b) (which provides that whenever a statute calls for the Governor to appoint one person from each congressional district to a board or commission, and at the time of enactment of that statute, the gubernatorial appointments do not cover all of the congressional districts, then the Governor, in filling vacancies on that board or commission as they occur, must make appointments to satisfy that requirement, but is not required to remove any person from office to satisfy the requirement).

Part III.

Adds the following new content. 

Amends GS 143-318.11 which allows a public body to hold a closed session only upon a motion duly made and adopted at an open meeting. Adds that upon adopting a motion to enter into closed session and while in the open session of the open meeting, the presiding chair must inform the public body that all discussion during the closed session must be limited to the permissible purpose or purposes cited in the motion. Adds the requirement that the presiding chair must, upon returning to open session, certify during open session that all discussion during the closed session was limited to the permissible purposes cited in the motion; requires the certification to be in writing and signed by the presiding chair for inclusion in the open session minutes. Prohibits revealing details of the closed session in the certification. Amends GS 143-318.10 to make the certification public record. Applies to open meetings held on or after October 1, 2022.

Changes the act's titles.