GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 1229
Committee Substitute Favorable 5/3/89

Short Title:  Co. Col. Bd. Instructor of Year.	(Public)
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Sponsors:
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Referred to:
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO PLACE THE COMMUNITY COLLEGES' INSTRUCTOR OF THE YEAR ON THE STATE BOARD OF COMMUNITY COLLEGES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 115D-2.1(b) reads as rewritten:
"(b)	The State Board of Community Colleges shall consist of 21 members, as follows:
(1)	The Lieutenant Governor (or a person designated by the Lieutenant Governor) shall be a member ex officio.
(2)	The Treasurer of North Carolina shall be a member ex officio.
(2a)	The Community Colleges' Instructor of the Year shall be a nonvoting ex officio member.
(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 [G.S. 115D-62]. 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 eight members of the State Board from the State at large in the following manner:
a.	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. In 1985, the Senate shall elect two members to serve terms expiring June 30, 1991. Each subsequent regular election by the Senate shall be for a term of six years and until a successor is elected and qualifies.
b.	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. In 1985, the House of Representatives shall elect two members, to serve terms expiring June 30, 1991. 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.
c.	Repealed by Session Laws 1985, c. 227, s. 5, effective May 23, 1985.
d.	The initial elections by the two houses of the General Assembly shall be held on or before July 1, 1980.
e.	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.
f.	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 nominations of persons to be considered by that house for election to the State Board. The chairmen of the two committees shall jointly determine a common final date for receiving nominations from members of that house, 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. Each Senator and each Representative may nominate only one candidate. When the nominating process is closed, each committee shall list all candidates and shall separately vote ‘aye' or ‘no' on each candidate to determine whether that person shall be  listed as a nominee of the committee. The verbal vote of a majority of those members of the committee present and voting shall constitute one nominee of the committee. An individual cannot be a candidate for nomination to more than one place. If a sufficient number of candidates are submitted to the committee of the House of Representatives then that committee shall nominate at least two persons for each place to be filled by the House of Representatives, otherwise that committee shall nominate at least one person for each place to be filled  by the House of Representatives. The committee of the Senate shall nominate at least two persons for each place to be filled by the Senate. No person may simultaneously be a candidate for election by both houses, and if one is nominated in both houses, he shall determine by which house he shall be nominated and so advise the chairman 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 with the term of office indicated for each nominee. The ballot in the House of Representatives shall also include the names of all other persons nominated by a member of that house who are determined by the committee to be qualified for the offices, with the committee's list of nominees being clearly set out on the ballot. No additional nominations shall be received from the floor. Each house shall then proceed to an election 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 that house to the indicated positions and for the indicated terms. The vote shall then be called electronically. If a majority of those voting shall vote ‘aye,' persons named in the motion shall be declared to have been elected. Each house may adopt rules consistent with this section with respect to the election by that house of members of the State Board."
Sec. 2.  G.S. 115D-2.1(d) reads as rewritten:
"(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, with the exception of the member appointed pursuant to Section (b)(2a) above, and no spouse of any of those persons, shall be eligible to serve on the State Board."
Sec. 3.  This act shall become effective July 1, 1989.