GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	1 

SENATE BILL 464

Short Title:  Board of Governors Election.	(Public)
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Sponsors: Senators  Winner of Buncombe, Winner of Mecklenburg; and Hyde.
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Referred to:  Education/Higher Education.
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March 4, 1993

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE MANNER OF SELECTION OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 116-6 reads as rewritten:
"§ 116-6. Election and terms of members of Board of Governors.
(a)	As the terms of members of the Board of Governors provided for in G.S. 116-5 expire, their successors shall be elected by the Senate and House of Representatives.  Eighteen members shall be elected at the regular legislative session in 1995 and every two years thereafter.  The Senate and the House of Representatives shall each elect one-half of the persons necessary to fill the vacancies on the Board of Governors.  Of the 18 members elected every two years beginning in 1995, at least two shall be women, at least two other members shall be members of a minority race, and at least two other members shall be members of the political party to which the largest minority of the members of the General Assembly belongs.
(b)	In 1995 and every two years thereafter, the Senate and the House of Representatives shall each elect at least one woman, one member of a minority race, and one member of the political party to which the largest minority of the General Assembly belongs.  In 1995 and quadrennially thereafter, the Senate shall elect one person from each of Congressional Districts 1, 3, 5, 7, 9, and 11.  In 1997 and quadrennially thereafter, the House of Representatives shall elect one person from each of Congressional Districts 1, 3, 5, 7, 9, and 11.  In 1995 and quadrennially thereafter, the House of Representatives shall elect one person from each of Congressional Districts 2, 4, 6, 8, 10, and 12.  In 1997 and quadrennially thereafter, the Senate shall elect one person from each of Congressional Districts 2, 4, 6, 8, 10, and 12.  A person elected from a congressional district must be a resident of the district, and if the member ceases to be a resident of that district, the seat is vacated.  Change in the boundaries of a congressional district does not prevent a person from completing the remainder of a term, however.  Once elected, all members of the board are still, as provided by G.S. 116-7(a), 'deemed members-at-large, charged with the responsibility of serving the best interests of the whole State'.
(c)	In electing members to the Board of Governors, the Senate and the House of Representatives shall select from a slate of candidates made in each house.  The slate shall be prepared as provided by resolution of each house.  If a sufficient number of nominees who are legally qualified are submitted in a category for which members of the Board of Governors are to be elected, then the slate of candidates shall list at least twice the number of candidates for the total seats open in a category.  All qualified candidates in a category shall compete against all other qualified candidates in a category.  In 1993 and biennially thereafter, each house shall hold their elections within 30 legislative days after appointments to their education committees are complete.
(d)	All terms shall commence on July 1 of odd-numbered years and all members shall serve for four-year overlapping terms.
(e)	No person may be elected to:
(1)	More than three full four-year terms in succession;
(2)	A four-year term if preceded immediately by election to two full eight-year terms in succession; or
(3)	A four-year term if preceded immediately by election to an eight-year term and a four-year term in succession.
Resignation from a term of office does not constitute a break in service for the purpose of this subsection.  Service prior to the beginning of those terms in 1989 shall be included in the limitations.
(f)	Any person who has served at least one full term as chairman of the Board of Governors shall be a member emeritus of the Board of Governors for one four-year term beginning at the expiration of that member's regular elected term.  Any person already serving as an emeritus member may serve an additional four-year term beginning July 1, 1991. Members emeriti have all the rights and privileges of membership except they do not have a vote.
(g)	Effective July 1, 1991, and thereafter, any person who has served at least one term as a member of the Board of Governors after having served as Governor of North Carolina shall be a member emeritus of the Board of Governors, with all the rights and privileges of membership as in G.S. 116-6(f)."
Sec. 2.  G.S. 116-6.1(a) reads as rewritten:
"(a)	Commencing July 1, 1991, and during his continuance as a student in good standing at a constituent institution of The University of North Carolina, the person serving as president of the University of North Carolina Association of Student Governments (UNCASG) or his designee shall serve ex officio as a member of the Board of Governors.  This student member shall be in addition to the members elected to the Board of Governors."
Sec. 3.  This act is effective upon ratification, but does not affect the terms of office of members elected in 1993 or previously.