GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 189

Short Title:  GPAC/Transfer Science & Tech. Board.	(Public)
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Sponsors: Senators Perdue; Martin of Guilford.
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Referred to:  Government Performance Audit.
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February 17, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO TRANSFER THE NORTH CAROLINA BOARD OF SCIENCE AND TECHNOLOGY FROM THE DEPARTMENT OF ADMINISTRATION TO THE DEPARTMENT OF COMMERCE.
The General Assembly of North Carolina enacts:
Section 1.  The General Assembly finds that:
(1)	The Department of Administration is not a key player in economic development, yet it has the North Carolina Board of Science and Technology.
(2)	The North Carolina Board of Science and Technology and its attendant funding should be transferred to the Department of Commerce, whose major role is economic development.
Sec. 2.  The statutory authority, powers, duties, and functions, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the North Carolina Board of Science and Technology are transferred from the Department of Administration to the Department of Commerce.
The transfer directed by this section shall include eight certified positions under General Fund program code 14100-1871 in the Department of Administration as well as all positions certified for the Board under Special Fund program code 24100-2873 in the Department of Administration.  The Office of State Budget and Management shall ensure that the transfer directed by this section is carried out.
Sec. 3.  Part 27 of Article 9 of Chapter 143B of the General Statutes, which consists of G.S. 143B-426.1, is recodified as Part 6A of Article 10 of Chapter 143B of the General Statutes, to consist of G.S. 143B-445.1.
Sec. 4.  G.S. 143B-445.1, as redesignated by Section 2 of this act, reads as rewritten:
"§ 143B-445.1.  North Carolina Board of Science and Technology.
(a)	The North Carolina Board of Science and Technology consists of the Governor, the Science Advisor to the Governor, and 17 members appointed as follows: the Governor shall appoint one member from the University of North Carolina at Chapel Hill, one member from North Carolina State University at Raleigh, and two members from other components of the University of North Carolina, all nominated by the President of the University of North Carolina; one member from Duke University, nominated by the President of Duke University; one member from a private college or university, other than Duke University, in North Carolina, nominated by the President of the Association of Private Colleges and Universities; one member from the Research Triangle Institute, nominated by the executive committee of the board of that institute; one member from the MCNC (Microelectronics Center of North Carolina), nominated by the executive committee of the board of that center; one member from the North Carolina Biotechnology Center, nominated by the executive committee of the board of that center; four members from private industry in North Carolina, at least one of whom shall be a professional engineer registered pursuant to Chapter 89C of the General Statutes or a person who holds at least a bachelors degree in engineering from an accredited college or university; and two members from public agencies in North Carolina.  Two members shall be appointed by the General Assembly, one shall be appointed upon the recommendation of the President of the Senate, and one shall be appointed upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.  The nominating authority for any vacancy on the Board among members appointed by the Governor shall submit to the Governor two nominations for each position to be filled, and the persons so nominated shall represent different disciplines.
(b)	Members appointed to the Board by the General Assembly shall serve for two-year terms beginning 1 July of odd-numbered years.  Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122.  The two members from public agencies shall serve for terms expiring at the end of the term of the Governor appointing them.  The other 13 members appointed to the Board by the Governor shall serve for four-year terms, and until their successors are appointed and qualified.  Of those 13 members, six shall serve for terms that expire on 30 June of years that follow by one year those years that are evenly divisible by four, and seven shall serve for terms that expire on 30 June of years that follow by three years those years that are evenly divisible by four.  Any appointment to fill a vacancy on the Board created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term.
(c)	The Governor shall serve as chair of the Board and shall designate the vice chair from among the members of the Board.  The Science Advisor to the Governor shall serve as executive director of the Board.  The Secretary of Commerce or the Secretary's designee shall serve as secretary to the Board.
(d)	The Governor may remove any member of the Board from office in accordance with the provisions of G.S. 143B-16.
(e)	Members of the Board who are employees of State agencies or institutions shall receive subsistence and travel allowances authorized by G.S. 138-6.  Legislative members of the Board shall receive subsistence and travel allowances authorized by G.S. 120-3.1.
(f)	A majority of the Board constitutes a quorum for the transaction of business.
(g)	The Secretary of Commerce shall provide all clerical and other services required by the Board."
Sec. 5.  This act is effective upon ratification.