GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 250

Short Title:  Education Governance Changes.	(Public)
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Sponsors: Senator Royall.
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Referred to:  Constitution.
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March 21, 1991

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION TO CHANGE THE COMPOSITION OF THE STATE BOARD OF EDUCATION, TO MAKE THE GOVERNOR THE CHAIRMAN OF THE STATE BOARD OF EDUCATION, TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION AN APPOINTEE OF THE STATE BOARD OF EDUCATION, AND TO MAKE CORRESPONDING STATUTORY CHANGES.
The General Assembly of North Carolina enacts:
Section 1.  Section 7(1) of Article III of the Constitution reads as rewritten:
"(1)	Officers.  A Secretary of State, an Auditor, a Treasurer, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified."
Sec. 2.  Section 4 of Article IX of the Constitution reads as rewritten:
"Sec. 4.  State Board of Education.
(1)	Board.  The State Board of Education shall consist of the Governor, the Lieutenant Governor, the Treasurer, six members elected by the Senate, and six members elected by the House of Representatives.  The General Assembly shall divide the State into 12 educational districts.  Of the elected members of the Board, one shall be elected from each of the 12 educational districts.  Appointments shall be for four-year terms, except that the election of three members elected by the Senate and three members elected by the House of Representatives in 1993 shall be for two-year terms.  Appointments to fill vacancies shall be made as provided by law.  The General Assembly may authorize a member of the General Assembly, a member of the General Assembly after the expiration of his term but before his successor is qualified, a committee of the General Assembly, or a committee of the Senate or the House of Representatives, to fill vacancies in positions filled by the Senate or the House of Representatives.
The Governor shall serve as chairman of the Board.
(2)	Superintendent of Public Instruction.  The Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education.  He shall be appointed by the State Board of Education, subject to confirmation by the General Assembly, and shall serve at the pleasure of the State Board of Education.  If a vacancy occurs in the office of Superintendent of Public Instruction while the General Assembly is in session, the State Board shall appoint an acting superintendent who may serve as acting superintendent until the General Assembly rejects his appointment or adjourns sine die or for more than 10 days without acting on his appointment, whichever is sooner.  If a vacancy occurs in the office of Superintendent of Public Instruction while the General Assembly is not in session, the State Board shall appoint an acting superintendent who may serve as acting superintendent until the General Assembly rejects his appointment, until the thirtieth legislative day of either house of the General Assembly, or until sine die adjournment, whichever is sooner.
For the purposes of this subdivision, the General Assembly is not in session when the General Assembly has adjourned a regular session to a date certain, which date is more than 10 days after the date of adjournment, after sine die adjournment of the regular session, or after the beginning of the terms of members of the General Assembly but before convening of the regular session."
Sec. 3.  G.S. 115C-10 reads as rewritten:
"§ 115C-10. Appointment of Board.
The State Board of Education shall consist of the Governor, the Lieutenant Governor, the State Treasurer, six members elected by the Senate, and six members elected by the House of Representatives.  Not more than one public school employee paid from State or local funds shall serve as an elected member of the State Board of Education.  No spouse of any public school employee paid from State or local funds and no employee of the Department of Public Instruction or his spouse, shall serve as an elected member of the State Board of Education.   No elected member shall serve on the Board within four years of having served in the General Assembly.  Of the elected members of the State Board of Education, one shall be elected by the Senate from the first, third, fifth, seventh, ninth, and eleventh educational districts and one shall be elected by the House of Representatives from the second, fourth, sixth, eighth, tenth, and twelfth educational districts.   Appointments shall be for four-year terms, except that the election of three members elected by the Senate and three members elected by the House of Representatives in 1993 shall be for two-year terms.
The Senate and the House of Representatives, in electing members of the State Board of Education, shall select from a slate of nominees made in each house as provided by resolution of that house.  In the event there is more than one individual who is seeking nomination, the slate of nominees shall contain at least two nominations for any vacancy.
Appointments to fill vacancies in positions filled by the Senate shall be made by the President Pro Tempore of the Senate when the General Assembly has adjourned a regular session to a date certain, which date is more than 10 days after the date of adjournment, after sine die adjournment of the regular session, or after the beginning of the terms of members of the General Assembly but before convening of the regular session; otherwise, the appointments shall be made by the Senate.  Appointments to fill vacancies in positions filled by the House of Representatives shall be made by the Speaker of the House of Representatives when the General Assembly has adjourned a regular session to a date certain, which date is more than 10 days after the date of adjournment, after sine die adjournment of the regular session, or after the beginning of the terms of members of the General Assembly but before convening of the regular session; otherwise, the appointments shall be made by the House of Representatives.  The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall continue to exercise their authority to fill vacancies under this section until each of their successors in office is selected.
."
Sec. 4.  G.S. 115C-11(a) reads as rewritten:
"§ 115C-11. Organization and internal procedures of Board.
(a)	Presiding Officer. – The Governor shall be the chairman of the State Board of Education. The State Board of Education shall elect from its membership a vice-chairman. A majority of the Board shall constitute a quorum for the transaction of business. Per diem and expenses of the appointive members of the Board shall be provided by the General Assembly. The chairman of the Board shall preside at all meetings of the Board. In the absence of the chairman, the vice-chairman shall preside; in the absence of both the chairman and the vice-chairman, the Board shall name one of its own members as chairman pro tempore."
Sec. 5.  G.S. 115C-18 reads as rewritten:
"§ 115C-18. Appointment of Superintendent of Public Instruction.
The Superintendent of Public Instruction shall be 
appointed by the State Board of Education, subject to confirmation by the General Assembly, and shall serve at the pleasure of the State Board of Education.  If a vacancy occurs in the office of Superintendent of Public Instruction while the General Assembly is in session, the State Board shall appoint an acting superintendent who may serve as acting superintendent until the General Assembly rejects his appointment or adjourns sine die or for more than 10 days without acting on his appointment, whichever is sooner.  If a vacancy occurs in the office of Superintendent of Public Instruction while the General Assembly is not in session, the State Board shall appoint an acting superintendent who may serve as acting superintendent until the General Assembly rejects his appointment, until the thirtieth legislative day of either house of the General Assembly, or until sine die adjournment, whichever is sooner.
For the purposes of this section, the General Assembly is not in session when the General Assembly has adjourned a regular session to a date certain, which date is more than 10 days after the date of adjournment, after sine die adjournment of the regular session, or after the beginning of the terms of members of the General Assembly but before convening of the regular session."
Sec. 6.  G.S. 115C-21(a) reads as rewritten:
"(a)	Administrative Duties. – It shall be the duty of the Superintendent of Public Instruction:
(1)	To organize and establish a Department of Public Instruction which shall include such divisions and departments as are necessary for supervision and administration of the public school system, to administer the funds for the operation of the Department of Public Instruction, and to enter into contracts for the operations of the Department of Public Instruction.
(2)	To keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by his personal appearance at public gatherings, and by information furnished to the press of the State.
(3)	To report biennially to the Governor 30 days prior to each regular session of the General Assembly, such report to include information and statistics of the public schools, with recommendations for their improvement and for such changes in the school law as shall occur to him.
(4)	To have printed and distributed such educational bulletins as he shall deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and to have printed all forms necessary and proper for the administration of the Department of Public Instruction.
(5)	To have under his direction, in his capacity as the chief administrative officer of the State Board of Education, all those matters relating to the supervision and administration of the public school system."
Sec. 7.  G.S. 115C-65 reads as rewritten:
"§ 115C-65. State divided into districts.
The State of North Carolina shall be divided into 12 educational 

Second District 

Third District 

Fourth District 

Fifth District 

Sixth District 

Seventh District 

Eighth District 

districts.  The twelve educational districts are the same as the districts specified for the purpose of nominating and electing members of the House of Representatives of the Congress of the United States in 1992."
Sec. 8.  G.S. 20-81(4) reads as rewritten:
"(4)	Elective and Appointive. – Official plates issued to elective and appointive members of State government shall bear number designations beginning with number 1 which shall be assigned to the Governor of North Carolina and numbers following thereafter shall be issued to in the following order:
2.	Lieutenant Governor of North Carolina.
3.	Speaker of the House of Representatives.
4.	President Pro Tempore of the Senate.
5.	Secretary of State.
6.	State Auditor.
7.	State Treasurer.
8.	Superintendent of Public Instruction.
9.	Attorney General.
10.	Commissioner of Agriculture.
11.	Commissioner of Labor.
12.	Commissioner of Insurance.
13.	Speaker Pro Tempore of the House.
14.	Legislative Services Officer.
15.	Secretary of Administration.
16.	Secretary of Environment, Health, and Natural Resources.
17.	Secretary of Revenue.
18.	Secretary of Human Resources.
19.	Secretary of Economic and Community Development.
20.	Secretary of the Department of Correction.
21.	Secretary of Cultural Resources.
22.	Secretary of Crime Control and Public Safety.
23-29.	To be reserved for and assigned to members of the Governor's staff at the direction of the Governor.
30.	State Budget Officer.
31.	State Personnel Director.
32-41.	To be reserved for and assigned to nonlegislative members of the Advisory Budget Commission at the direction of the Governor.
	43.	President, U.N.C. System.
44.	Chairman, A.B.C. Commission.
45.	Member, A.B.C. Commission.
46.	Member, A.B.C. Commission.
47.	Assistant Commissioner of Agriculture.
48.	Assistant Commissioner of Agriculture.
49.	Deputy Secretary of State.
50.	Deputy State Treasurer.
51.	Assistant State Treasurer.
52.	Deputy Commissioner, Department of Labor.
53.	Chief Deputy, Department of Insurance.
54.	Assistant Commissioner of Insurance.
55-65.	Shall be reserved for and assigned to the Attorney General's deputies and assistants only. Specific number assignments shall be at the direction of the Attorney General.
66-88.	Shall be reserved for and assigned upon request to nonlegislative members of the Board of Economic Development. Specific number assignments to such members shall be at the direction of the Governor.
89-96.	Shall be reserved for and assigned upon request to nonlegislative members of the State Ports Authority. Specific number assignments to such members shall be at the direction of the Governor.
97-104.	Shall be reserved for and assigned upon request to members of the Utilities Commission. Number 97 to be upon request assigned to the Chairman of the Utilities Commission with remaining numbers to be assigned upon request to the remaining members of the Utilities Commission on the basis of seniority.
105-109.	Shall be reserved for and assigned upon request to members of the Parole Commission. Number 105 to be upon request assigned to the Chairman of the Parole Commission with remaining numbers to be assigned upon request to the remaining members of the Parole Commission on the basis of seniority.
110-200.	Shall be reserved for and assigned upon request to members of State boards and commissions and State employees at the direction of the Governor."
Sec. 9.  G.S. 115C-105(a) reads as rewritten:
"(a)	There is hereby established the North Carolina Education Council composed of the members of the education commission of the states representing this State, and not exceeding five other persons appointed by the Governor for terms of three years. Such other persons shall be selected so as to be broadly representative of professional and lay interests within this State having the responsibilities for, knowledge with respect to, and interest in educational matters. The Governor shall serve as chairman of the North Carolina Education Council or any person that the Governor may designate shall serve as chairman. The Superintendent of Public Instruction, the chairman of the Board of Governors of The University of North Carolina, and the President of The University of North Carolina shall be ex officio members of the North Carolina Education Council. The council shall meet on the call of its chairman or at the request of a majority of its members, but in any event the Council shall meet not less than three times in each year. The Council may consider any and all matters relating to the recommendations of the education commission of the states and the activities of the members in representing this State thereon."
Sec. 10.  G.S. 116-237 reads as rewritten:
"§ 116-237. Educational Advisory Council.
The Board of Governors shall establish a 12-member Educational Advisory Council consisting of (1)	ex officio, the State Superintendent of the Department of Public Instruction and the chairman of the State Board of Education, or their designees, and (2) 10 persons who are scientists, mathematicians, public school representatives, or other persons having an interest in the School and desiring to contribute to its work. The members of the Advisory Council shall be appointed by the Board of Governors for four-year terms. No person shall be eligible to serve more than two successive four-year terms. The Advisory Council shall give advice and counsel to the Director and the Board of Trustees."
Sec. 11.  G.S. 143-42 reads as rewritten:
"§ 143A-42. Superintendent of Public Instruction; transfer of office and Department of Public Instruction; powers and duties.
The office of the Superintendent of Public Instruction, as provided for by Article IX, Sec. 4(2), of the Constitution, and the Department of Public Instruction are hereby transferred to the Department of Public Education. The Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education, and shall have such powers and duties as are conferred by the Constitution, by the State Board of Education, Chapter 115C of the General Statutes, and the laws of this State."
Sec. 12.  G.S. 143B-426.9 reads as rewritten:
"§ 143B-426.9. North Carolina Agency for Public Telecommunications – creation; membership; appointments, terms and vacancies; officers; meetings and quorum; compensation.
The North Carolina Agency for Public Telecommunications is  created. It is governed by the Board of Public Telecommunications Commissioners, composed of 27 members as follows:
(1)	A Chairman appointed by, and serving at the pleasure of, the Governor;
(2)	Ten at-large members, appointed by the Governor from the general public;
(3)	Two members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121;
(4)	Two members appointed by the General Assembly upon the recommendation of the President of the Senate in accordance with G.S. 120-121;
(5)	The Secretary of Administration, ex officio;
(6)	The Chairman of the Board of Trustees of The University of North Carolina Center for Public Television (if and when established), ex officio;
(7)	The Vice-chairman of the State Board of Education, ex officio;
(8)	The Chairman of the OPEN/net Committee, ex officio, so long as such person is not a State employee;
(9)	The Chairman of the North Carolina Utilities Commission, ex officio;
(10)	 The Director of the Public Staff of the North Carolina Utilities Commission, ex officio;
(11)	The Chairman of the Public Radio Advisory Committee of the North Carolina Agency for Public Telecommunications, ex officio;
(12)	The Superintendent of Public Instruction, ex officio;
(13)	The President of the University of North Carolina, ex officio;
(14)	The President of the Department of Community Colleges, ex officio; and
(15)	Two members ex officio who shall rotate from among the remaining heads of departments enumerated in G.S. 143A-11 or G.S. 143B-6, appointed by the Governor.
The 10 at-large members shall serve for terms staggered as follows: four terms shall expire on June 30, 1980; and three terms shall expire on June 30, 1982; and three terms shall expire on June 30, 1984. Thereafter, the members at large shall be appointed for full four-year terms and until their successors are appointed and qualified. In making appointments of members at large, the Governor shall seek to appoint persons from the various geographic areas of the State including both urban and rural areas; persons from various classifications as to sex, race, age, and handicapped persons; and persons who are representatives of the public broadcast, commercial broadcast, nonbroadcast distributive systems and private education communities of the State.
The terms of the ex officio members are coterminous with their respective terms of office. In the event that any of the offices represented on the Board ceases to exist, the successor officer to the designated member shall become an ex officio member of the Board; if there shall be no successor, then the position on the Board shall be filled by a member to be appointed by the Governor from the general public. The ex officio members shall have the right to vote.
The initial members appointed to the Board by the General Assembly shall serve for terms expiring June 30, 1983. Thereafter, their successors shall serve for two-year terms beginning July 1 of odd-numbered years.
The terms of the rotating ex officio members shall be of one-year duration, and the schedule of rotation is determined by the Governor.
Each State official who serves on the Board may designate a representative of his department, agency or institution to sit in his  place on the Board and to exercise fully the official's privileges of  membership.
The Secretary of Administration or his designee serves as secretary of the Board.
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122. Other vacancies shall be filled in the same manner as the original appointment.
The Governor may remove any member of the Board from office in accordance with the provisions of G.S. 143B-16.
The Board meets quarterly and at other times at the call of the chairman or upon written request of at least six members.
A majority of the Board members shall constitute a quorum for the transaction of business."
Sec. 13.  G.S. 147-3(c) reads as rewritten:
"(c)	The general civil executive officers of this State are as follows:
(1)	A Governor;
(2)	A Lieutenant Governor;
(3)	Private secretary for the Governor;
(4)	A Secretary of State;
(5)	An Auditor;
(6)	A Treasurer;
(7)	An Attorney General;
	(9)	The members of the Governor's Council;
(10)	A Commissioner of Agriculture;
(11)	A Commissioner of Labor;
(12)	A Commissioner of Insurance."
Sec. 14.  G.S 147-4 reads as rewritten:
"§ 147-4. Executive officers – election; term; induction into office.
The executive department shall consist of a Governor, a Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, an Attorney General, a Commissioner of Agriculture, a Commissioner of Insurance, and a Commissioner of Labor, who shall be elected for a term of four years, by the qualified electors of the State, at the same time and places, and in the same manner, as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their election and continue until their successors are elected and qualified. The persons having the highest number of votes, respectively, shall be declared duly elected, but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both houses of the General Assembly. Contested elections shall be determined by a joint ballot of both houses of the General Assembly in such manner as shall be prescribed by law."
Sec. 15. G.S. 147-11.1 reads as rewritten:
"§ 147-11.1. Succession to office of Governor; Acting Governor.
(a)	Lieutenant Governor. –
(1)	The Lieutenant Governor-elect shall become Governor upon the failure of the Governor-elect to qualify. The Lieutenant Governor shall become Governor upon the death, resignation, or removal from office of the Governor. The further order of succession to the office of Governor shall be prescribed by law. A successor shall serve for the remainder of the term of the Governor whom he succeeds and until a new Governor is elected and qualified.
(2)	During the absence of the Governor from the State, or during  the physical or mental incapacity of the Governor to perform the duties of his office, the Lieutenant Governor shall be Acting Governor. The further order of succession as Acting Governor shall be prescribed by law.
(b)	President of Senate, Speaker of the House and Other Officers. –
(1)	If, by reason of failure to qualify, death, resignation, or removal from office, there is neither a Governor nor a Lieutenant Governor to discharge the powers and duties of the office of Governor, then the President of the Senate shall, upon his resignation as President of the Senate and as Senator, become Governor.
(2)	If, at the time when under subdivision (1) of this subsection the President of the Senate is to become Governor, there is no President of the Senate, or the President of the Senate fails to qualify as Governor, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative, become Governor.
(3)	If, at the time when under subdivision (2) of this subsection the Speaker of the House of Representatives is to become Governor, there is no Speaker of the House of Representatives, or the Speaker of the House of Representatives fails to qualify as Governor, then that officer of the State of North Carolina who is highest on the following list, and who is not under disability to serve as Governor, shall, upon his resignation of the office which places him in the order of succession, become Governor: Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance.
(c)	Acting Governor Generally. –
(1)	If, by reason of absence from the State or physical or mental incapacity, there is neither a Governor nor a Lieutenant Governor qualified to discharge the powers and duties of the office of Governor, then the President of the Senate shall become Acting Governor.
(2)	If, at the time when under subdivision (1) of this subsection the President of the Senate is to become Acting Governor, there is no President of the Senate, or the President of the Senate fails to qualify as Acting Governor, then the Speaker of the House of Representatives shall become Acting Governor.
(3)	If, at the time when under subdivision (2) of this subsection the Speaker of the House of Representatives is to become Acting Governor, there is no Speaker of the House of Representatives, or the Speaker of the House of Representatives fails to qualify as Acting Governor, then that officer of the State of North Carolina who is highest on the following list, and who is not under disability to serve  as Acting Governor, shall become Acting Governor: Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance.
(d)	Governor Serving under Subsection (c). – An individual serving as Acting Governor under subsection (c) of this section shall continue to act for the remainder of the term of the Governor whom he succeeds and until a new Governor is elected and qualified, except that:
(1)	If his tenure as Acting Governor is founded in whole or in part upon the absence of both the Governor and Lieutenant Governor from the State, then he shall act only until the Governor or Lieutenant Governor returns to the State; and
(2)	If his tenure as Acting Governor is founded in whole or in part upon the physical or mental incapacity of the Governor or Lieutenant Governor, then he shall act only until the removal of the incapacity of the Governor or Lieutenant Governor.
(e)	Officers to Which Subsections (b), (c) and (d) Applicable. – Subsections (b), (c), and (d) of this section shall apply only to such officers as are eligible to the office of Governor under the Constitution of North Carolina, and only to officers who are not under impeachment by the House of Representatives at the time they are to become Governor or Acting Governor.
(f)	Compensation of Acting Governor. – During the period that any  individual serves as Acting Governor under subsection (c) of this section, his compensation shall be at the rate then provided by law in the case of the Governor."
Sec. 16. G.S. 163-1 is amended by deleting the entry in the table for "Superintendent of Public Instruction".
Sec. 17. G.S. 163-8 reads as rewritten:
"§ 163-8.  Filling vacancies in State executive offices.
If the office of Governor or Lieutenant Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified: Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four-year term: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
Upon the occurrence of a vacancy in the office of any one of these  officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified."
Sec. 18.  G.S. 163-278.27 reads as rewritten:
"§ 163-278.27. Penalty for violations; duty to report and prosecute.
(a)	Any individual, candidate, political committee, referendum committee, treasurer, person or media who violates the provisions of G.S. 163-278.7, 163-278.8, 163-278.9, 163-278.10, 163-278.11, 163-278.12, 163-278.14, 163-278.16, 163-278.17, 163-278.18, 163-278.40A, 163-278.40B, 163-278.40C, 163-278.40D or 163-278.40E is guilty of a misdemeanor.
(b)	Whenever the Board has knowledge of or has reason to believe there has been a violation of any section of this Article, it shall report that fact, together with accompanying details, to the following prosecuting authorities:
(1)	In the case of a candidate for nomination or election to the State Senate or State House of Representatives: report to the district attorney of the prosecutorial district in which the candidate for nomination or election resides;
(2)	In the case of a candidate for nomination or election to the  office of Governor, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, State Attorney General, State Commissioner of Agriculture, State Commissioner of Labor, State Commissioner of Insurance, and all other State elective offices, Justice of the Supreme Court, Judge of the Court of Appeals, judge of a superior court, judge of a district court, and district attorney of the superior court: report to the district attorney of the prosecutorial district in which Wake County is located;
(3)	In the case of an individual other than a candidate, including, without limitation, violations by members of political committees, referendum committees or treasurers: report to the district attorney of the prosecutorial district in which the individual resides; and
(4)	In the case of a person or any group of individuals: report to the district attorney or district attorneys of the prosecutorial district or districts in which any of the officers, directors, agents, employees or members of the person or group reside.
(c)	Upon receipt of such a report from the Board, the appropriate district attorney shall prosecute the individual or persons alleged to have violated a section or sections of this Article."
Sec. 19.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at an election to be held on November 5, 1991, which election shall be conducted under the laws then governing elections in the State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[ ]	FOR Constitutional amendments to change the composition of the State Board of Education, to make the Governor the chairman of the State Board of Education, and to make the Superintendent of Public Instruction an appointee of the State Board of Education.
[ ]	AGAINST Constitutional amendments to change the composition of the State Board of Education, to make the Governor the chairman of the State Board of Education, and to make the Superintendent of Public Instruction an appointee of the State Board of Education."
	Those qualified voters favoring the amendments set out in Sections 1 and 2 of this act shall vote by making an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to those amendments shall vote by making an X or check mark in the square beside the statement beginning "AGAINST".
	Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 20. If a majority of votes cast thereon are in favor of the amendments set out in Sections 1 and 2 of this act, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments shall become effective upon such certification, except that:
(1)	Such amendments do not affect the manner of filling vacancies of the Superintendent of Public Instruction for the term that commenced January 1, 1989;
(2)	The term of office of the Superintendent of Public Instruction for the term that commenced January 1, 1989, is extended until March 31, 1993; and
(3)	The term of office of all members of the State Board of Education who were appointed prior to March 31, 1993, shall expire on March 31, 1993.
Sec. 21.  Sections 3 through 18 of this act shall become effective only if the constitutional amendments set out in Sections 1 and 2 of this act are approved by the voters.  If the constitutional amendments are approved by the voters, Sections 3 through 18 of this act shall become effective March 31, 1993.  Sections 19 and 20 of this act are effective upon ratification.
Sec. 22. This act is effective upon ratification.