GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SESSION LAW 1999-457
SENATE BILL 333

AN ACT RELATING TO THE MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENCOURAGE PROPORTIONATE REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING APPLICANTS.

The General Assembly of North Carolina enacts:

Section 1.(a)  It is the intent of the General Assembly to recognize the importance of balance in the appointment of both genders to membership on statutorily created decision-making and regulatory boards, commissions, councils, and committees, and to promote that balance through the provisions of this section.  Furthermore, the General Assembly  recognizes that statutorily created decision-making and regulatory boards, commissions, councils, and committees play a vital role in shaping public policy for North Carolina, and the selection of well-qualified candidates is the paramount obligation of the appointing authority.
Section 1.(b)  In appointing members to any statutorily created decision-making or regulatory board, commission, council, or committee of the State, the appointing authority should select, from among the most qualified persons, those persons whose appointment would promote membership on the board, commission, council, or committee 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 board, commission, council, or committee, in the population of the area represented by the board, commission, council, or committee, as determined pursuant to the most recent federal decennial census, unless the law regulating such appointment requires otherwise.  If there are multiple appointing authorities for the board, commission, council, or committee, they may consult with each other to accomplish the purposes of this section.
Section 1.(c)  Except as provided at the end of this section, each appointing authority described in subsection (b) shall submit a report to the Secretary of State annually by December 1 which discloses the number of appointments made during the preceding year from each gender and the number of appointments of each gender made, expressed both in numerical terms and as a percentage of the total membership of the board, commission, council, or committee.  A copy of the report shall be submitted to the Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate.  In addition, each appointing authority shall designate a person responsible for retaining all applications for appointment, who shall ensure that information describing 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.  In those cases where a county or a city is the appointing authority, all the reports referred to above shall be filed with the clerk to the board of county commissioners or the city clerk whichever is applicable.  Such reports shall be reported annually by December 1 to the governing boards of the respective county or city and to the Secretary of State.
Section 1.(d)  This act applies to appointments and reappointments made after the effective date of this act.  Nothing in this act shall be construed to require an appointing authority to make an appointment or remove an appointee on the basis of gender.
Section l.(e)  The purpose of this act is to encourage gender equity but is not to direct, mandate, or require such.
Section 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of July, 1999.

s/	Marc Basnight
President Pro Tempore of the Senate

s/	James B. Black
Speaker of the House of Representatives

s/	James B. Hunt, Jr.
Governor

Approved 4:10 p.m. this 13th day of August, 1999