A BILL TO BE ENTITLED
AN ACT to clarify that the open meetings law and the public records law apply to the operations of the council of state and to amend the composition of various boards to reflect the increase in apportionment of the state's congressional delegation.
The General Assembly of North Carolina enacts:

part I. Council of state
SECTION 1.  G.S. 143‑318.10(b) reads as rewritten:
"(b)	As used in this Article, "public body" means any elected or appointed authority, board, commission, committee, council, or other body of the State, or of one or more counties, cities, school administrative units, constituent institutions of The University of North Carolina, or other political subdivisions or public corporations in the State, whether established by the State Constitution or otherwise, that (i) is composed of two or more members and (ii) exercises or is authorized to exercise a legislative, policy‑making, quasi‑judicial, administrative, or advisory function. In addition, "public body" means the governing board of a "public hospital" as defined in G.S. 159‑39 and the governing board of any nonprofit corporation to which a hospital facility has been sold or conveyed pursuant to G.S. 131E‑8, any subsidiary of such nonprofit corporation, and any nonprofit corporation owning the corporation to which the hospital facility has been sold or conveyed."
SECTION 2.  G.S. 132‑1(a) reads as rewritten:
"(a)	"Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data‑processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public body subject to Article 33C of Chapter 143 of the General Statutes and every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political subdivision of government."
SECTION 3.(a)  G.S. 147‑13 reads as rewritten:
"§ 147‑13.  May convene Council of State; quorum; journal.
(a)	The Governor may convene the Council of State for consultation whenever the Governor may deem it proper. The Governor shall convene the Council of State whenever the statutes call for the concurrence, advice, discretion, opinion, or consent of the Council of State. In all meetings of the Council of State, five members exclusive of the Governor shall constitute a quorum.
(b)	The proceedings of the Council of State shall be entered in a journal, to be kept for this purpose exclusively and signed by all members present. Any member of the Council of State may have entered in the journal the member's dissent to any part of the journal. The journal shall be maintained by the Governor and shall be placed before the General Assembly when called for by either house.
(c)	The convening of the Council of State shall be subject to Article 33C of Chapter 143 of the General Statutes, and the minutes required under that Article shall include the journal kept in accordance with this section."
SECTION 3.(b)  This section becomes effective January 1, 2023.
SECTION 4.(a)  On or before October 1, 2022, the Council of State shall adopt rules establishing a comprehensive system of parliamentary procedure, including the method of introducing and considering resolutions presented by members of the Council of State and the posting of the journal and minutes online. If the Council of State fails to adopt rules as required by this section, Mason's Manual of Legislative Procedure shall apply to all meetings of the Council of State held after October 1, 2022, and the Governor shall provide for the posting of all minutes and the journal online within 10 business days of each meeting of the Council of State.
SECTION 4.(b)  On or before October 1, 2022, the Council of State shall review its department rules, as recorded in Chapter 1 of Title 06 of the North Carolina Administrative Code for compliance and conformity with the General Statutes and this act, and initiate any amendments to those rules by that date.
SECTION 5.  Except as otherwise provided, this Part is effective when it becomes law and clarifies and restates the intent of existing law that meetings, deliberations, and actions of the Council of State, like all public bodies, be conducted openly.

Part II. Congressional apportionment conforming changes
SECTION 6.  G.S. 7A‑761(b) reads as rewritten:
"(b)	The Human Relations Commission of the Civil Rights Division of the Office of Administrative Hearings shall consist of 22 members. The Governor shall appoint one member from each of the 14 congressional districts, plus four members at large, including the chairperson. The Speaker of the North Carolina House of Representatives shall appoint two members to the Commission. The President Pro Tempore of the Senate shall appoint two members to the Commission. The terms of four of the members appointed by the Governor shall expire June 30, 1988. The initial terms of four of the members appointed by the Governor shall expire June 30, 1987. The initial terms of four of the members appointed by the Governor shall expire June 30, 1986. The initial terms of four of the members appointed by the Governor shall expire June 30, 1985. The initial terms of the members appointed by the Speaker of the North Carolina House of Representatives shall expire June 30, 1986. The initial terms of the members appointed by the Lieutenant Governor shall expire June 30, 1986. The initial term of office of the person appointed to represent the 12th Congressional District shall commence on January 3, 1993, and expire on June 30, 1996. At the end of the respective terms of office of the initial members of the Commission, the appointment of their successors shall be for terms of four years. No member of the Commission shall serve more than two consecutive terms. A member having served two consecutive terms shall be eligible for reappointment one year after the expiration of his second term. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, death, or disability of a member shall be filled in the manner of the original appointment for the unexpired term."
SECTION 7.  G.S. 116‑233(a) reads as rewritten:
"(a)	Notwithstanding the provisions of G.S. 116‑31(d), there shall be a Board of Trustees of the School, which shall consist of up to 31 members as follows:
(1)	Fourteen members who shall be appointed by the Board of Governors of The University of North Carolina, one from each congressional district.
(2)	Four members without regard to residency who shall be appointed by the Board of Governors of The University of North Carolina.
(3)	Three members, ex officio, who shall be the chief academic officers, respectively, of constituent institutions or the members' designees. The Board of Governors shall in 1985 and quadrennially thereafter designate the three constituent institutions whose chief academic officers or officers' designees shall so serve, such designations to expire on June 30, 1989, and quadrennially thereafter.
(4)	The chief academic officer of a college or university in North Carolina other than a constituent institution, ex officio, or the chief academic officer's designee. The Board of Governors shall designate in 1985 and quadrennially thereafter which college or university whose chief academic officer or officer's designee shall so serve, such designation to expire on June 30, 1989, and quadrennially thereafter.
(5)	Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121.
(6)	Three members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121.
(7)	Repealed by Session Laws 2016‑126, 4th Ex. Sess., s. 36, effective December 19, 2016. See editor's note for applicability.
(8)	The president of the student government, ex officio, who shall be a nonvoting member.
(9)	Up to two additional nonvoting members selected at the discretion of the chancellor and the Board of Trustees, with terms expiring June 30 of each year."
SECTION 8.  G.S. 140‑5.13(b) reads as rewritten:
"(b)	The Board of Trustees of the North Carolina Museum of Art shall consist of 26 members, chosen as follows:
(1)	The Governor shall appoint 14 members, one from each congressional district in the State in accordance with G.S. 147‑12(3b).
(2)	Repealed by Session Laws 2012‑120, s. 1(e), effective October 1, 2012.
(3)	The North Carolina Museum of Art Foundation, Incorporated, shall elect four members.
(4)	The Board of Trustees of the North Carolina Museum of Art shall elect four members.
(5)	The General Assembly shall appoint four members, two upon the recommendation of the Speaker of the House of Representatives, and two upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121.
(6)	Repealed by Session Laws 1981 (Regular Session, 1982), c. 1191, s. 49.
All regular appointments or elections except those by the General Assembly shall be for terms of six years, except that each member shall serve until the member's successor is chosen and qualifies. No person may be appointed or elected to more than two consecutive terms of six years. All appointments by the General Assembly shall be for terms of four years, with no person being appointed to more than three consecutive terms."
SECTION 9.  G.S. 143B‑148(a)(2) reads as rewritten:
"(2)	Twenty‑four shall be appointed by the Governor, one from each congressional district in the State in accordance with G.S. 147‑12(3b), and the remainder at‑large members.
…."
SECTION 10.  Except as otherwise provided, this act is effective when it becomes law.