North Carolina § 163-21 - Compensation of Board members.

§ 163-21. Compensation of Board members.

Members of the State Board shall receive per diem, subsistence, and travel, as provided in G.S. 138-5 and G.S. 138-6 . History (1901, c. 89, s. 7; Rev., ss. 2760, 4301; C.S., s. 5922; 1933, c. 165, s. 1; 1967, c. 775, s. 1; 2017-6, ss. 4(c), 7(c); 2018-2, s. 8(b); 2018-13, s. 5; 2018-146, ss. 3.1(a)-(c), 3.2(b).) Implement the North Carolina Supreme Court's Holding in Cooper v. Berger by Giving the Governor Increased Control Over the Bipartisan State Board of Elections and Ethics Enforcement. - Session Laws 2018-2, s. 8(a), provides: "The General Assembly finds that the legislative intent in the enactment of S.L. 2017-6 and establishment of the Bipartisan State Board of Elections and Ethics Enforcement was to continue the practice of having an independent, quasi-judicial body for elections and ethics enforcement for the State and consolidate those bodies under a single entity. The General Assembly finds that the entity enforcing these laws must have sufficient distance from political interference due to the potential for abuse of oversight of elections and ethics investigations for partisan purposes. The General Assembly further finds that appointment of a State Board member who is not affiliated with the two largest political parties will foster nonpartisan decision-making by the State Board. As such, by amending the section of the General Statutes establishing the membership of the State Board enacted in S.L. 2017-6, the purpose of this legislation is to implement the decision of the North Carolina Supreme Court on January 26, 2018, in Cooper v. Berger (No. 52PA17-2) to give the Governor executive control over the Bipartisan State Board of Elections and Ethics Enforcement and to provide for representation on the State Board by unaffiliated and third-party voters." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(a) of that act. Editor's Note. - This section was repealed by Session Laws 2017-6, s. 7(c), with similar provisions recodified at now former G.S. 163A-2 by Session Laws 2017-6, s. 4(c). Former G.S. 163A-2 was repealed by Session Laws 2018-146, s. 3.1(b), and the former provisions of this section were re-recodified by Session Laws 2018-146, s. 3.2(b), effective January 31, 2019. The historical citations from the former sections have been added to this section as re-recodified. Session Laws 2017-6, s. 22, made this section effective May 1, 2017. Session Laws 2017-6, s. 9, provides: "Notwithstanding G.S. 163A-2, as enacted by Section 4 of this act, the chairs of the two political parties shall submit a list of names to the Governor on or before April 20, 2017, and the Governor shall make appointments from those lists no later than May 1, 2017. The State chairs of the two political parties shall not nominate, and the Governor shall not appoint, any individual who has served two or more full consecutive terms on the State Board of Elections or State Ethics Commission, as of April 30, 2017." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 9, effective January 31, 2019. Session Laws 2017-6, s. 10, provides: "Notwithstanding G.S. 163A-2(f) and (g), as enacted by Section 4 of this act, the Governor shall appoint a member of the State Board to serve as chair, a member to serve as vice-chair, and a member to serve as secretary of the State Board until its first meeting in May 2019, at which time the State Board shall select it a chair and vice-chair in accordance with G.S. 163A-2(f) and select a secretary in accordance with G.S. 163A-2(g)." Session Laws 2018-146, s. 3.1(b), repealed Session Laws 2017-6, s. 10, effective January 31, 2019. Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section. Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(b) of that act. Session Laws 2018-2, s. 8(c), provides: "Notwithstanding G.S. 163A-2, members appointed to the Bipartisan State Board of Elections and Ethics Enforcement in 2018 shall serve a term of office beginning March 1, 2018, and expiring April 30, 2019, and the State Board shall hold its first meeting in March 2018." Session Laws 2018-146, s. 3.1(c), repealed the provisions of Part XIII of Session Laws, 2018-2, including s. 8(c) of that act. Session Laws 2018-13, s. 6, is a severability clause. Session Laws 2018-13, s. 7, made the amendment of this section by Session Laws 2018-13, s. 5, effective June 20, 2018, and applicable to elections held on or after that date. Effect of Amendments. - Session Laws 2018-2, s. 8(b), effective March 16, 2018, rewrote the section. Session Laws 2018-13, s. 5, rewrote the section. For effective date and applicability, see editor's note.