GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2019-167
SENATE BILL 478
AN ACT to modify the reporting requirement related to gender‑proportionate appointments to certain boards and commissions and to repeal 2016 modifications to the terms of industrial commissioners.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143‑157.1 reads as rewritten:
"§ 143‑157.1. Reports on gender‑proportionate
statutorily created decision‑making regulatory certain
(a) Appointments. – In
appointing members to public bodies set forth in subsections
(c) (b) and
(d) of this section, the appointing authority should select, from among the
most qualified persons, those persons whose appointment would promote
membership on the body that accurately reflects the proportion that each gender
represents in the population of the State as a whole or, in the case of a local
body, in the population of the area represented by the body, as determined
pursuant to the most recent federal decennial census, unless the law regulating
the appointment requires otherwise. If there are multiple appointing
authorities for the body, they may consult with each other to accomplish the
purposes of this section.
Reports Generally. – Each
appointing authority described in subsection (a) of this section Reports
by State Boards. – By September 1 of each year, every board designated as a
nonadvisory board by the State Ethics Commission under Subchapter II of Chapter
163A of the General Statutes shall submit a report to the Secretary of
State annually which discloses the following by appointing authority:
(1) The number of appointments made during the
year and the year.
(2) The number of appointments of each gender made, expressed both in numerical terms and as a percentage of the total membership of the body.
(b1) Retention of Applications. –
each Each appointing authority shall designate a person responsible
for retaining all applications for appointment, who shall ensure that
information describing related to each applicant's gender and
qualifications is available for public inspection during reasonable hours.
Nothing in this section requires disclosure of an applicant's identity or of
any other information made confidential by law.
(b2) Use of Prescribed Form. – The Secretary of
State shall prescribe the form to be used
to report these
appointments for submitting reports required under subsections (b) and
(d) of this section and may shall accept these reports
by in an electronic means. Reports by appointing authorities
shall be due in the Department of the Secretary of State on or before September
1. format to be instituted by the Secretary of State. From these
reports, the Secretary of State shall generate an annual composite report that
shall be published by December 1. Copies of the report shall be submitted to
the Governor, the Speaker of the House of Representatives, and the President
Pro Tempore of the Senate. (c) State Reporting. – Each State appointing
authority that makes appointments to a statutorily created public body, however
denominated, except those having only advisory authority, shall file a report
with the Secretary of State as prescribed in subsection (b) of this section. The
Secretary shall submit to the Governor, the Speaker of the House of
Representatives, and the President Pro Tempore by July 1 of each year the names
of all State bodies that an appointing authority must report on pursuant to
(d) Reporting by Local Units
of Government. –
In those cases where a county or a city is the appointing
authority, By September 1 of each year and with regard to each local
board listed in this subsection, the reporting information required
by subsection (b) of this section shall be submitted on behalf of the
appointing authority to the Secretary of State by the clerk of that
appointing authority. Appointments to each of the following local,
municipal, or county public bodies, or to public bodies local boards,
whether established by State law or local decision, or appointments to those local
boards having equivalent functions, however denominated that have the
functions of the following public bodies, named or denominated, must
(1) City or county ABC board, or local board created pursuant to G.S. 18B‑703.
(2) Adult Care Home Community Advisory Committee.
(3) Airport Authority.
(4) Community Child Protection Team or a Child Fatality Prevention Team.
(5) Civil Service Board or similarly named board established by local act.
(6) Community Relations Committee.
(7) Council of Governments.
(8) Criminal Justice Partnership Task Force.
(9) Emergency Planning Committee.
(10) Board of Equalization and Review.
(11) Local Board of Health.
(12) Hospital Authority.
(13) Housing Authority.
(14) Human Relations Commission.
(15) County Industrial Facilities and Pollution Control Financing Authority.
(16) Juvenile Crime Prevention Council.
(17) Library Board of Trustees.
(18) Community College Board of Trustees.
(19) Economic development commission.
(20) Area mental health, developmental disabilities, and substance abuse board.
(21) Adult care home community advisory committee.
(22) Local partnership for children.
(23) Planning Board.
(24) Recreation Board.
(25) County board of social services.
(26) A public transportation authority created pursuant to Article 25 of Chapter 160A of the General Statutes, a regional public transportation authority created pursuant to Article 26 of Chapter 160A of the General Statutes, or a regional transportation authority created pursuant to Article 27 of Chapter 160A of the General Statutes.
(27) Local tourism development authority.
(28) Water and sewer authority.
(29) Workforce Development Board.
(30) Zoning Board of Adjustment.
(31) Planning and Zoning Board.
(32) Board of Adjustment.
(33) Historic Preservation Commission.
(34) Redevelopment Commission.
(35) City board of education (if appointive).
(36) Metropolitan Planning Organization.
(37) Rural Planning Organization."
SECTION 2. Section 24(a) of S.L. 2016‑125 is repealed.
SECTION 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of July, 2019.
s/ Ralph E. Hise
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Approved 12:05 p.m. this 26th day of July, 2019