GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 14
Committee Substitute Favorable 5/14/91

Short Title:  Open Meetings.	(Public)
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Sponsors:
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Referred to:  
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February 4, 1991

A BILL TO BE ENTITLED
AN ACT TO REVISE THE OPEN MEETINGS LAW AND THE EXECUTIVE BUDGET ACT IN ORDER TO ENHANCE OPEN GOVERNMENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-318.10 is amended by adding a new subsection to read:
"( e)	Every public body shall keep full and accurate minutes to be kept of all official meetings, including any executive sessions held pursuant to G.S. 143-318.11.  Such minutes may be in written form or, at the option of the public body, may be in the form of sound or video recordings.  Such minutes shall be public records within the meaning of G.S. 132-6; provided, however, that minutes of an executive session may be withheld from public inspection so long as public inspection would frustrate the purpose for which the executive session was called."
Sec. 2.  G.S. 143-318.11(a)(5) reads as rewritten:
"(5)	To consult with an attorney employed or retained to represent the public body, to the extent that confidentiality is required in order to preserve the attorney-client privilege between the attorney and the public body."
Sec. 3.  G.S. 143-318.11(b) reads as rewritten:
	"(b)	General Assembly Committees and Subcommittees. –Notwithstanding the provisions of G.S. 143-318.11(a), all meetings of all duly appointed commissions, committees and subcommittees of the General Assembly (including, without limitation, joint committees, joint subcommittees, House-Senate conference committees, and study committees), shall be held in open session pursuant to reasonable public notice.  Notice given openly at a session of the Senate or of the House is deemed to be reasonable public notice. A commission, committee or subcommittee of the General Assembly may meet in executive session only if it first makes and records in its minutes specific written findings that an executive session is necessary to prevent the public disclosure of information which concerns:
(1)	A person by or about whom the information is being presented to the committee or subcommittee, and is confidential pursuant to State or federal statute, or pursuant to the attorney-client privilege, the physician-patient privilege, or some other privilege cognizable under North Carolina law;
(2)	Pending or threatened litigation against the State or an officer of the State in that officer's official capacity; or
(3)	The selection of a site or the acquisition by any means of an interest in real property by the State.
A commission, committee or subcommittee may take final action only in an open meeting.  For the purposes of this subsection, a meeting of the House appointees to a House-Senate conference committee shall not constitute a meeting of a committee or subcommittee if no Senate appointee to the conference committee is present, and may be held in executive session.  For the purposes of this subsection, a meeting of the Senate appointees to a House-Senate conference committee shall not constitute a meeting of a committee or subcommittee if no House appointee to the conference committee is present, and may be held in executive session."
Sec. 4.  G.S. 143-318.11(c) reads as rewritten:
"(c)	Calling an Executive Session. – A public body may hold an executive session only upon a motion made and adopted at an open meeting.  The motion shall state the purpose of the executive session with sufficient specificity as to permit persons hearing or reading the motion to understand the nature of the matters and things to be discussed in the executive session. The motion must be approved by the vote of a majority of those present and voting."
Sec. 5.  G.S. 143-318.11(d) is repealed.
Sec. 6.  G.S. 143-318.11 is amended by adding the following new subsections to read:
"( e)	Coverage of specific legislative entities as public bodies. – For the purpose of this Article, the following bodies shall not be considered to be 'commissions, committees, or subcommittees of the General Assembly', but shall be considered to be 'public bodies' as defined in G.S. 143-318.10:
(1)	The Legislative Research Commission;
(2)	The Legislative Services Commission; and
(3)	The Advisory Budget Commission.
(f)	Coverage of specific legislative entities as instrumentalities of the General Assembly. – For the purpose of this Article, the following shall be considered to be 'commissions, committees, or subcommittees of the General Assembly':
(1)	The Joint Legislative Utility Review Committee;
(2)	The Joint Legislative Commission on Governmental Operations;
(3)	The Joint Legislative Commission on Municipal Incorporations;
(4)	The Commission on the Family;
(5)	The Joint Select Committee on Low-Level Radioactive Waste;
(6)	The Environmental Review Commission;
(7)	The Joint Legislative Highway Oversight Committee;
(8)	The Joint Legislative Education Oversight Committee;
(9)	The Joint Legislative Commission on Future Strategies for North Carolina;
(10)	The Commission on Children with Special Needs;
(11)	The Legislative Committee on New Licensing Boards;
(12)	The Commission on Agriculture, Forestry, and Seafood Awareness;
(13)	The North Carolina Study Commission on Aging;
(14)	The standing Committees on Pensions and Retirement; and
(15)	The Legislative Ethics Committee; provided, however, that proceedings of the Legislative Ethics Committee conducted pursuant to G.S. 120-103 shall be open or closed at the option of the individual whose conduct is under inquiry, as prescribed therein.
(g)	Caucuses. – A caucus by members of the General Assembly shall not constitute a meeting of either house or of a committee or subcommittee and may be held in private; however, no member of the General Assembly shall participate in a caucus which is called for the purpose of evading or subverting the provisions of this Article.  Violations of this Article by members of the General Assembly shall be punishable as prescribed by the rules of the House or the Senate."
Sec. 7.  G.S. 143-318.12(b)(1) reads as rewritten:
"(1)	If a public body recesses a regular, special, or emergency meeting held pursuant to public notice given in compliance with this subsection, and the time and place at which the meeting is to be continued is announced in open session, no further notice shall be required."
Sec. 8.  G.S. 143-318.15 is repealed.
Sec. 9.  G.S. 143-318.16A is amended by adding a subsection to read:
"( e)	This section does not apply to bills and resolutions of a legislative nature which become laws."
Sec. 10.  G.S. 143-318.16B reads as rewritten:
"§ 143-318.16B.  Attorney's fees awarded to prevailing party.
In any action brought pursuant to G.S. 143-318.16 or G.S. 143-318.16A, the court may make written findings specifying the prevailing party or parties, and may, in its discretion, award the prevailing party or parties a reasonable attorney's fee, to be taxed against the losing party or parties as part of the costs.  If in any action brought pursuant to G.S. 143-318.16 or G.S. 143-318.16A the court determines that a public body, or any member or employee thereof, has willfully violated this Article, the court shall make written findings with respect to such willful violation and shall award the plaintiffs a reasonable attorney's fee.  The attorney's fee may be taxed against the public body or against the individuals responsible for the willful violation, or may be apportioned among them."
Sec. 11.  G.S. 143-318.18 reads as rewritten:
"§ 143-318.18.  Exceptions.
This Article does not apply to:
(1)	Grand and petit juries.
(2)	Any public body that is specifically authorized or directed by law to meet in executive or confidential session, to the extent of the authorization or direction.
(3)	The Judicial Standards Commission.
	(5)	Law enforcement agencies.
(6)	A public body authorized to investigate, examine, or determine the character and other qualifications of applicants for professional or occupational licenses or certificates or to take disciplinary actions against persons holding such licenses or certificates, (i) while preparing, approving, administering, or grading examinations or (ii) while meeting with respect to an individual applicant for or holder of such a license or certificate. This exception does not amend, repeal, or supersede any other statute that requires a public hearing or other practice and procedure in a proceeding before such a public body.
(7)	Any public body subject to the Executive Budget Act (G.S. 143-1 et seq.) and exercising quasi-judicial functions, during a meeting or session held solely for the purpose of making a decision in an adjudicatory action or proceeding.
(8)	The boards of trustees of endowment funds authorized by G.S. 116-36 or G.S. 116-238.
	(10)	The Board of Awards.
(11)	The General Court of Justice."
Sec. 12. G.S. 143-10 reads as rewritten:
"§ 143-10. Preparation and adjustment of the budget; and public hearings.
The Commission shall act in an advisory capacity to the Governor with respect to all matters relating to the plan of proposed expenditures of State government and the means of financing the same.  To this end, the Commission shall meet with the Governor in connection with the preparation of the budget at such times as the Governor may request.
The Governor shall establish a schedule of public hearings at which the Governor, the Commission, and the Office of State Budget and Management shall (i)	receive all information and recommendations from agencies of the State pursuant to G.S. 143-6, and (ii) provide information to and receive recommendations from the public with respect to the revenues and expenditures to be included within the budget. Such public hearings shall be held at such times and places, and in such number, as the Governor shall determine to be necessary for the Governor and the Commission to adequately inform the public and to receive recommendations from the public. The Governor may consult with the Commission in establishing the schedule of such hearings. The Governor may require the attendance at these hearings of the heads or responsible representatives of all State departments, bureaus, divisions, officers, boards, commissions, institutions, agencies or undertakings, and any other persons, corporations and associations, using or receiving or requesting any State funds. 
If the Governor shall determine that the receipts received or anticipated by the State during the fiscal period, when added to any surplus remaining in the State Treasury at the beginning of the period, will not be sufficient to meet budgeted expenditures, and that necessary economies or reductions in State expenditures are required, the Governor may effectuate such economies or reductions by Executive Order.  Except in the case of an emergency the Governor shall, before issuing such an Executive Order, schedule public hearings at which the Governor, the Commission, and the Office of State Budget and Management shall (i)	explain the extent of the proposed economies or reductions and the proposed manner of their implementation, and (ii) receive information and recommendations from agencies of the State and from the public."
Sec. 13.  This act becomes effective September 1, 1991.