GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2019-139
HOUSE BILL 668
AN ACT to make various changes to higher education laws.
The General Assembly of North Carolina enacts:
part i. the north carolina community college system
SECTION 1.1. Community colleges permitted to provide insurance in lieu of bond. – G.S. 115D‑58.10 reads as rewritten:
"§ 115D‑58.10. Surety
The State Board of Community
Colleges shall determine what State employees and employees of institutions
shall give bonds or be insured for the protection of State funds and
property and the State Board is authorized to place the
determine adequate insurance coverage, and pay the premiums thereon from
The board of trustees of each
institution shall require all institutional employees authorized to draw or
approve checks or vouchers drawn on local funds, and all persons authorized or
permitted to receive institutional funds from whatever source, and all persons
responsible for or authorized to handle institutional property, to be bonded by
a surety company authorized to do business with the State in such amount as the
board of trustees deems sufficient for the protection of such property and
funds. In lieu of a bond, the board of trustees may obtain and maintain
adequate insurance coverage sufficient for the protection of institutional
funds and property. The tax‑levying authority of each institution
shall provide the funds necessary for the payment of the premiums of
bonds.the bonds or for insurance coverage."
SECTION 1.2. If House Bill 966, 2019 Regular Session, becomes law, Section 1.1 of this act is repealed.
part II. university of north carolina system
SECTION 2.1.(a) G.S. 116‑36 reads as rewritten:
"§ 116‑36. Endowment fund.
(i1) The Board of Governors
of the University of North Carolina shall establish and maintain in a manner
not inconsistent with the provisions of this section or with regulations
established under this section an endowment fund for all endowment funds now
held or hereafter acquired for the benefit of the University of North Carolina
Center for Public
(j) Any gift or devise of
real or personal property to a constituent institution of the University of
North Carolina or to the University of North Carolina or to the University of North
Carolina Press or to the University of North Carolina Center for Public
Media shall be presumed, nothing to the contrary appearing, a gift
or devise, as the case may be, to the endowment fund of the respective
institution or agency.
SECTION 2.1.(b) G.S. 116‑37.1 reads as rewritten:
"§ 116‑37.1. Center for public
(a) The Board of Governors
is hereby authorized and directed to establish "the University of North
Carolina Center for Public
Television" Media" (hereinafter
called "the Center"). It shall be the functions of the Center,
through itself or agencies with whom it may contract, to provide research,
development, and production of noncommercial educational television
programming and informational media programming, and program materials;
materials and communications; to provide distribution of
noncommercial television media programming and information through
the broadcast facilities licensed to the University of North Carolina; Carolina
and other available distribution platforms and otherwise to enhance the
uses of television television, media, and related technology for
(b) The Center shall have a
board of trustees, to be named "the Board of Trustees of the University of
North Carolina Center for Public
Television" Media" (hereinafter
called "the Board of Trustees"). The Board of Governors is hereby
authorized and directed to establish the Board of Trustees of the Center and to
delegate to the Board of Trustees such powers and duties as the Board of
Governors deems necessary or appropriate for the effective discharge of the
functions of the Center; provided, that the Board of Governors shall not be
deemed by the provisions of this section to have the authority to delegate any
responsibility it may have as licensee of the broadcast facilities of the
University of North Carolina.
(1) The Board of Trustees of
the University of North Carolina Center for Public
Television Media shall
be composed of the following membership: 11 persons appointed by the Board of
Governors; four persons appointed by the Governor; two members appointed by the
General Assembly, one upon the recommendation of the Speaker of the House of
Representatives, and one upon the recommendation of the President Pro Tempore
of the Senate in accordance with G.S. 120‑121; and ex officio, the
Secretary of Natural and Cultural Resources, the Secretary of the Department of
Health and Human Services, the Secretary of the Department of Public Safety,
the Superintendent of Public Instruction, the President of the Community
College System, and the President of the University of North Carolina. In
making initial appointments to the Board of Trustees, the Board of Governors
shall designate six persons for two‑year terms and five persons for four‑year
terms, and the Governor shall designate two persons for two‑year terms
and two persons for four‑year terms. The initial members appointed to the
Board of Trustees by the General Assembly shall serve for terms expiring June
30, 1983, and notwithstanding anything else in this section, their successors
shall be appointed in 1983 and biennially thereafter for two year terms.
Thereafter, the term of office of appointed members of the Board of Trustees of
the Center shall be four years. In making appointments to the Board of Trustees
the appointing authorities shall give consideration to consider promoting
diversity among the membership, to the end that, in meeting the
responsibilities delegated to it, the Board of Trustees will reflect and be responsive
to the diverse needs, interests, and concerns of the citizens of North
SECTION 2.1.(c) G.S. 116D‑1(11) reads as rewritten:
"(11) University. – The
University of North Carolina and its constituent and affiliated institutions,
including, without limitation, the University of North Carolina Center for
Television, Media, the University of North Carolina Health
Care System, the North Carolina School of Science and Mathematics, and the
North Carolina Arboretum."
SECTION 2.1.(d) G.S. 116D‑22(2) reads as rewritten:
"(2) Institution. – Each
of the institutions enumerated in G.S. 116‑2, and any affiliated
institutions of the University, including, without limitation, the University
of North Carolina Center for Public
Television, Media, the
University of North Carolina Health Care System, the North Carolina School of
Science and Mathematics, and the North Carolina Arboretum."
SECTION 2.1.(e) G.S. 120‑123(21) reads as rewritten:
"(21) The Board of Trustees
of the University of North Carolina Center for Public
as established by G.S. 116‑37.1."
SECTION 2.1.(f) G.S. 143B‑426.9(6) reads as rewritten:
"(6) The Chairman of the
Board of Trustees of The University of North Carolina Center for Public
Media (if and when established), ex officio;"
SECTION 2.1.(g) G.S. 143B‑426.10(6) reads as rewritten:
"(6) In addition to and
not in place of the programs, projects, and services of The University of North
Carolina Center for Public
Television Media (or its functional
predecessor), to develop and provide media programs and programming materials
and services of a noncommercial educational, informational, cultural or scientific
SECTION 2.2. G.S. 116‑41.2 is amended by adding a new subdivision to read:
"(10) Notwithstanding any other provision of law and subject to policies established by the Board of Governors, to purchase or finance the purchase of computers, computer hardware, computer software, and emergency management equipment such as power generators through lease purchase or installment purchase contracts that create a security interest in the purchased property that secures payment of the purchase price to the seller or entity advancing monies or supplying financing for the purchase transaction. The contracts allowed in this subdivision shall be subject to State appropriations in accordance with the North Carolina State Constitution and shall not pledge directly or indirectly the taxing power of the State. No deficiency judgment may be rendered against the Board of Governors or the State in any action for breach of a contractual obligation authorized by this subdivision."
PART III. HIGHER EDUCATION CHANGES
SECTION 3. G.S. 116‑143.1 reads as rewritten:
"§ 116‑143.1. Provisions for determining resident status for tuition purposes.
(a) As defined under this section:
(1) A "legal resident" or "resident" is a person who qualifies as a domiciliary of North Carolina; a "nonresident" is a person who does not qualify as a domiciliary of North Carolina.
(2) A "resident for tuition purposes" is a person who qualifies for the in‑State tuition rate; a "nonresident for tuition purposes" is a person who does not qualify for the in‑State tuition rate.
(3) "Institution of higher education" means any of the constituent institutions of the University of North Carolina and the community colleges under the jurisdiction of the State Board of Community Colleges.
(4) "Authority" means the State Education Assistance Authority created by and authorized to act under Article 23 of Chapter 116 of the General Statutes.
(b) To qualify as a resident for tuition purposes, a person must have established legal residence (domicile) in North Carolina and maintained that legal residence for at least 12 months immediately prior to his or her classification as a resident for tuition purposes. Every applicant for admission shall be required to make a statement as to his length of residence in the State.
(c) To be eligible for classification as a resident for tuition purposes, a person must establish that his or her presence in the State currently is, and during the requisite 12‑month qualifying period was, for purposes of maintaining a bona fide domicile rather than of maintaining a mere temporary residence or abode incident to enrollment in an institution of higher education.
(d) An individual shall not be classified as a resident for tuition purposes and, thus, not rendered eligible to receive the in‑State tuition rate, until he or she has provided such evidence related to legal residence and its duration as may be required by the coordinated and centralized residency determination process administered by the Authority in accordance with this Article acting on behalf of officials of the institution of higher education from which the individual seeks the in‑State tuition rate.
(e) When an individual
presents evidence that the individual has living parent(s) or court‑appointed
guardian of the person, the legal residence of such parent(s) or guardian shall
be prima facie evidence of the individual's legal
residence, which residence.
This presumption may be reinforced or rebutted relative to the age and
general circumstances of the individual by the other evidence of legal
residence required of or presented by the individual; provided, that the individual.
An individual may offer evidence of graduation from a North Carolina high
school to reinforce or rebut the presumption that the individual's domicile is
the same domicile as the individual's living parent or guardian; however,
evidence of graduation from a North Carolina high school alone shall not establish
legal residence in the State. The legal residence of an individual whose
parents are domiciled outside this State shall not be prima facie evidence of
the individual's legal residence if the individual has lived in this State the
five consecutive years prior to enrolling or reregistering at an institution of
(f) In making domiciliary determinations related to the classification of persons as residents or nonresidents for tuition purposes, the domicile of a married person, irrespective of sex, shall be determined, as in the case of an unmarried person, by reference to all relevant evidence of domiciliary intent. For purposes of this section:
(1) No person shall be precluded solely by reason of marriage to a person domiciled outside North Carolina from establishing or maintaining legal residence in North Carolina and subsequently qualifying or continuing to qualify as a resident for tuition purposes;
(2) No persons shall be deemed solely by reason of marriage to a person domiciled in North Carolina to have established or maintained a legal residence in North Carolina and subsequently to have qualified or continued to qualify as a resident for tuition purposes;
(3) In determining the domicile of a married person, irrespective of sex, the fact of marriage and the place of domicile of his or her spouse shall be deemed relevant evidence to be considered in ascertaining domiciliary intent.
(g) Any nonresident person, irrespective of sex, who marries a legal resident of this State or marries one who later becomes a legal resident, may, upon becoming a legal resident of this State, accede to the benefit of the spouse's immediately precedent duration as a legal resident for purposes of satisfying the 12‑month durational requirement of this section.
PART IV. EFFECTIVE DATE
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th 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 1:41 p.m. this 19th day of July, 2019