Bill Summary for S 512 (2023-2024)

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Summary date: 

Aug 16 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

Conference report makes the following changes to the 3rd edition.

Part IV

Deletes the proposed changes to the Board of Transportation (BOT) membership set forth in GS 143B-350 and instead amends the statute as follows. Changes the start of a member's term of office from July 31 to July 1 of the year of appointment. Provides for 14 members to be appointed by the NCGA with recommendations split between the President Pro Tempore and and the Speaker of the House, and six at-large members appointed by the Governor (currently, 14 division members are appointed by the Governor and six at-large members are appointed by the NCGA). Requires legislative recommendations to comply with GS 120-121. Eliminates references to the 14 highway divisions and instead refers to seven distribution regions, defined by GS 136-189.10(1). Provides for initial legislative appointments by distribution region, with terms beginning in 2023 and 2025 as specified. Provides for gubernatorial appointments to begin in 2023. Terminates terms of members serving prior to July 1, 2023, on June 30, 2023. Requires appointment of a new board of 20 voting members with terms beginning July 1, 2023. Places authority to select a chair with the board (was, the Governor).

Provides for legislative appointment of members from specified distribution regions for two-year terms, beginning July 1, 2023. Specifies replacement of identified highway division members with distribution region members appointed pursuant to GS 143B-350(d), as amended.

Effective July 1, 2023.

Part VIII

Modifies and adds to the changes to the board of directors of the UNC Health Care System (board) set out in GS 116-37 as follows. Increases membership of the board from 24 to 25 members by increasing ex officio members from four to five. Now includes as ex officio members two individuals designated by the Chief Executive Officer who meet four specified criteria, including membership of the executive staff of the UNC Health Care System, as specified (replacing the previously proposed requirement of the President of UNC Hospitals as an ex officio member). Now requires 12 at-large members to be appointed by the President of UNC and confirmed by the Board of Governors (BOG), with the President appointing a slate of three members for confirmation (previously proposed 12 members appointed by the BOG after consultation with the President of UNC, with the BOG appointing three members annually). Adds to the disqualifications of at-large members, barring individuals required to register as lobbyists under GS Chapter 120C for two years immediately preceding the effective date of appointment, on the effective date of the appointment, and at any point during the term of appointment. Adds provisions regarding vacancy appointment, requiring legislative appointments to be filled pursuant to GS 120-122, and appointments by the President of UNC to fill vacancies to be confirmed by the BOG. Adds a new provision deeming an at-large member's seat vacant upon failure for any reason other than ill health or service in the interest of the State or nation to be present for three successive regular meetings of the board. Enacts three operating principles for the board regarding members acting as fiduciaries of the UNC Health Care System, the limited and collective authority of members, and ethical standards required of members. Makes technical changes.

Changes the date of expiration of the terms of ex officio board members to the date the act becomes law (was, July 1, 2023). Changes the beginning date for terms of members appointed to be made in 2023, for terms ending in 2026 and 2027, to the date the act becomes law (was, July 1, 2023). Makes conforming changes to the provisions regarding initial appointments of members by the President of UNC and confirmed by the BOG in 2023 through 2026.

Part X

Adds the following new content. Amends the appointment of commissioners to the Utilities Commission (Commission) set forth in GS 62-10 as follows. Decreases membership from seven to five commissioners, with three members appointed by the Governor upon confirmation by the NCGA and two members appointed by the NCGA pursuant to GS 120-121 (regarding recommendations for appointment) by the President Pro Tempore and the House Speaker (currently, seven commissioners appointed by the Governor with confirmation by the NCGA). Sets terms of commissioners to six years, beginning on July 1 and ending on June 30. Provides that upon the Governor's failure to submit a slate of names of commissioners to be appointed to the NCGA be May 1 of the year in which terms expire, the President Pro Tempore (was, the Lieutenant Governor) and the House Speaker must jointly submit names of commissioners to the NCGA by May 15 for NCGA confirmation. Makes conforming changes to the procedure for filling vacancies of commissioners appointed by the Governor. Changes term of chair from four-years to three-years. Adds that in case of death, incapacity, or vacancy for any other reason in the office of any commissioner appointed by the NCGA prior to the expiration of a term, the vacancy must be filled pursuant to GS 120-122. Makes technical and conforming changes.

Specifies that two of the tree terms expiring on June 30, 2025, are not to be filled with additional appointments in order to decrease the number of commissioners to five. Deems terms of commissioners now serving to expire at the conclusion of the term for which they are appointed. Provides for staggered appointments upon expiration of terms expiring in 2023-27, with legislative appointments to be made for terms expiring in 2023, and the Governor to appoint commissioners for the terms expiring in 2025, 2027, and 2029.

Part XI

Eliminates the proposed legislative appointment procedure for the UNC BOG in GS 116-6 to instead amend the existing election process as follows. Now provides for election of 12 members by House resolution, with six members elected at the regular session of the NCGA in 2025 and every two years thereafter, and election of 12 members by the Senate, with six members elected at the regular session of the NCGA in 2025 and every two years thereafter. Sets forth a procedure for the Senate's election of members from a slate of candidates prepared pursuant to Senate resolution. Makes technical and conforming changes.

Deletes the proposed changes to GS 116-6.1 (student members of BOG); GS 116-7 (general provisions concerning BOG members); and GS 138A-24 (regarding economic interest statements of BOG nominees).

Eliminates provisions providing for four additional NCGA appointments of BOG members in 2023, and the provisions providing for filling of vacancies for seats elected and filled on or after the effective date of the act.

Part XII

Adds the following new content. Enacts GS 116-31.5 (concerning the NCSU Board of Trustees) and GS 116-31.7 (concerning the UNC Board of Trustees), establishing membership requirements for each Board. Sets membership of each Board at 15, with eight members elected by the BOG, six members appointed by the NCGA, three each upon recommendation of the President Pro Tempore and the House Speaker, with the respective president of the student government serving as an ex officio member. Provides for legislative appointment of two members beginning July 1, 2025, and four members beginning July 1, 2027, and every four years thereafter each appointment. Deems the provisions governing boards of trustees of constituent institutions in GS 116-31 to apply to each Board except as specified. Makes conforming changes to GS 116-31.

Requires legislative appointment of two additional members to each Board to terms beginning on the date of appointment and expiring June 30, 2027, which will not count toward a full four-year term under GS 116-31, with appointments made upon recommendations of the President Pro Tempore and the House Speaker pursuant to GS 120-121.