NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 1130
SENATE BILL 1023

AN ACT TO AMEND THE COMMUNITY COLLEGES ACT, CHAPTER 115D OF THE GENERAL STATUTES OF NORTH CAROLINA.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 115D-3, -4, -5, and -6, as amended effective January 1, 1981, and Session Laws 1979, Chapter 896, are amended by striking from the title "State Board of Community Colleges and Technical Institutes" wherever it appears the words "and Technical Institutes", to the end that the statewide governing board of the Department of Community Colleges and the Community College System shall be known as the "State Board of Community Colleges".
Sec. 2.  (a) G.S. 115D-3, as amended by Session Laws 1979, Chapter 896, Section 3, is further amended by striking out the first sentence thereof, which reads:
"The State Board of Community Colleges and Technical Institutes is authorized to establish and organize a department to provide state-level administration, under the direction of the State Board, of a system of community colleges and technical institutes separate from the free public school system of the State."
and inserting in lieu thereof a sentence which shall read:
"The Department of Community Colleges shall be a principal administrative department of State government under the direction of the State Board of Community Colleges, and shall be separate from the free public school system of the State and the Department of Public Education."
(b)	G.S. 115D-3, as amended by Session Laws 1979, Chapter 896, Section 3, is further amended by striking from the second sentence thereof the words "establishment and".
(c)	G.S. 115D-3, as amended by Session Laws 1979, Chapter 896, Section 3, is further amended by rewriting the caption to read "Department of Community Colleges; staff; advisory council."
Sec. 3.  G.S. 143B-6 is amended by striking out the period at the end of paragraph (9), and by inserting at the end of that section the number and words: "(10) Department of Community Colleges."
Sec. 4.  Chapter 115 is amended by inserting therein a new section, which shall be designated G.S. 115-238.9 and shall read as follows:
"§ 115-238.9.  Federal funds division. — The division between secondary and post-secondary educational systems and institutions of federal funds for which the State Board of Vocational Education has responsibility shall, within discretionary limits established by law, require the concurrence of the State Board of Education and the State Board of Community Colleges on and after January 1, 1981. The portion of the approved State Plan for post‑secondary vocational education required by G.S. 115-235.5 shall be as approved by the State Board of Community Colleges."
Sec. 5.  G.S. 115D-2.1 is rewritten to read as follows:
"§ 115D-2.1.  State Board of Community Colleges. — (a) The State Board of Community Colleges is established.
(b)	The State Board of Community Colleges shall consist of 19 members, as follows: 
(1)	The Lieutenant Governor shall be a member ex officio.
(2)	The Treasurer of North Carolina shall be a member ex officio.
(3)	The Governor shall appoint to the State Board four members from the State at large and one member from each of the six Trustee Association Regions defined in G.S. 115D-63. The initial appointments by the Governor shall be made effective July 1, 1980, or as soon as feasible thereafter. In order to establish regularly overlapping terms, the initial appointments by the Governor shall be made so that three expire June 30, 1981, three expire June 30, 1983, and four expire June 30, 1985. Each subsequent regular appointment by the Governor shall be for a term of six years and until a successor is appointed and qualifies. Any vacancy occurring among his appointees before the expiration of term shall be filled by appointment of the Governor; the member so appointed shall meet the same residential qualification, if any, as the member whom he succeeds and shall serve for the remainder of the unexpired term of that member.
(4)	The General Assembly shall elect seven members of the State Board from the State at large in the following manner:
(i)	In 1980, the Senate shall elect three members, one of whom shall serve a term expiring June 30, 1981, one of whom shall serve a term expiring June 30, 1983, and one of whom shall serve a term expiring June 30, 1985. Each subsequent regular election by the Senate shall be for a term of six years and until a successor is elected and qualifies.
(ii)	In 1980, the House of Representatives shall elect four members, one of whom shall serve a term expiring June 30, 1981, one of whom shall serve a term expiring June 30, 1983, and two of whom shall serve a term expiring June 30, 1985. Each subsequent regular election by the House of Representatives shall be for a term of six years and until a successor is elected and qualifies.
(iii)	In 1985, upon expiration of the term of the fourth member elected by the House of Representatives in 1980, that seat shall be filled by election by the Senate of a member to serve a term of six years; and the right to elect to fill that seat on the State Board shall thereafter rotate between the two houses every six years.
(iv)	The initial elections by the two houses of the General Assembly shall be held on or before July 1, 1980.
(v)	Any vacancy occurring among the members elected by the two houses of the General Assembly before the expiration of term shall be filled when the General Assembly next convenes. The member then elected shall be elected by the same house that elected the member whom he succeeds, and shall serve for the remainder of the unexpired term of that member.
(vi)	At each session of the General Assembly held in an odd-numbered year, the presiding officer of each house shall assign to either a standing or a special committee of that house the duty of receiving from the members of that house suggestions of persons to be considered by that house for election to the State Board. In order for a person to have standing to be considered as a candidate for nomination by either committee, that person shall be formally proposed as a candidate for nomination by a member of that committee. The chairmen of the two committees shall jointly determine a common final date for receiving suggestions from members of that house, a common final date for receiving from members of the committee formal proposals of candidates for nomination, and a common date for reporting to their respective houses their nominations for the State Board. Each committee shall screen the proposed candidates for nomination as to their qualifications, background, lack of statutory disabilities, and willingness and ability to serve if elected. There is no limit on the number of persons a Senator or a Representative may propose as candidates. When the proposing process is closed, each committee shall list all proposed candidates and shall separately vote 'aye' or 'no' on each proposed candidate to determine whether that person shall be chosen as a candidate for nomination by the committee. The favorable vote of a majority of those members of the committee present and voting shall constitute one a candidate for nomination. An individual cannot be a candidate for nomination to more than one place. The number of persons nominated by each committee to its house shall be at least twice the number of places to be filled by that house. No person may simultaneously be a candidate for election by both houses, and if one is nominated by both committees, he shall determine to which house he shall be nominated and so advise the chairmen of both committees. The two houses shall, by joint resolution, fix a common date and time for the election of members of the State Board. At the election session in each house, the committee shall report its list of nominees, to which any member of that house may make one or more additional nominations. Each house shall then proceed to an election of members of the State Board. In order to be chosen, a nominee shall receive the votes of a majority of all members present and voting.
When each house has chosen one person for each place to be filled on the State Board, the chairman of the committee shall make a motion for the simultaneous election of those persons by the house to the indicated positions and for the indicated terms. The roll shall then be called electronically. If a majority of those voting shall vote 'aye', the persons named in the motion shall be declared to have been elected. Each house may adopt rules consistent with this Section 115D-2.1 with respect to the election by that house of members of the State Board.
(c)	No person may be appointed or elected to more than two consecutive terms of six years on the State Board.
(d)	No member of the General Assembly, no officer or employee of the State, and no officer or employee of an institution under the jurisdiction of the State Board, and no spouse of any of those persons, shall be eligible to serve on the State Board.
(e)	The Governor shall convene the membership of the State Board on July 1, 1980, or as soon as feasible thereafter. The State Board at that meeting shall elect from its appointed or elected membership a Chairman and such other officers as it may deem necessary.
(f)	At its first meeting after July 1, 1981, and every two years thereafter, the State Board shall elect from its appointed or elected membership a Chairman and such other officers as it may deem necessary.
(g)	Regular meetings of the State Board shall be held monthly on a day fixed by the State Board. Special meetings of the State Board may be set at any regular meeting or may be called by the Chairman. Ten members shall constitute a quorum for the transaction of business."
Sec. 6.  Sections 1, 2, 3, and 4 of this act shall become effective January 1, 1981. Section 5 of this act is effective upon ratification.
In the General Assembly read three times and ratified, this the 19th day of June, 1980.