GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 5

Short Title:  School Governance Changes.	(Public)

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Sponsors: Senators Winner; Albertson, Perdue, Plyler, Hoyle, Martin of Guilford, Odom, Rand, Plyler, Gulley, Lucas, Allran, Carpenter, and Cooper.

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Referred to:  Judiciary I/Constitution.

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION TO CHANGE THE COMPOSITION OF THE STATE BOARD OF EDUCATION AND 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 4(1) of Article IX of the Constitution reads as rewritten:
"(1)	Board.  The State Board of Education shall consist of the Lieutenant Governor, the Treasurer, nine members appointed by the Governor, four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. The General Assembly shall divide the State into eight educational districts. Of the Governor's nine appointees, one shall be appointed from each of the eight educational districts and one shall be appointed from the State at large.  Terms shall be for four years, except as provided by statute. The General Assembly may provide by statute for any qualifications of Board members and any limitation on the number of terms a member may serve on the Board. Appointments to fill vacancies shall be made as provided by law.
The Governor shall designate one member of the Board as chair for a term as chair of two years."
Sec. 2.  Section 4(2) of Article IX of the Constitution reads as rewritten:
"(2)	Superintendent of Public Instruction.  The Superintendent of Public Instruction shall be the secretary and chief administrative officer of the State Board of Education. The Superintendent shall be appointed by the State Board of Education and shall serve at the pleasure of the State Board of Education."
Sec. 3.  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. 4.  G.S. 115C-10 reads as rewritten:
"§ 115C-10.  Appointment of Board.
(a)	The State Board of Education shall consist of the Lieutenant Governor, the State Treasurer, nine members appointed by the Governor, four members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, and four members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121.  Of the Governor's nine appointments, one shall be appointed from each of the eight educational districts and one shall be appointed as a member at large.  
(b)	All initial terms shall begin July 1, 1996.  Four of the initial members appointed by the Governor, two of the initial members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121, and two of the initial members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121, shall serve for terms ending February 28, 1997.  The remainder of the initial appointive members shall serve for terms ending February 28, 1999.  All subsequent terms shall be for four years.
No member shall serve more than two full four-year terms in succession. Resignation from a term of office does not constitute a break in service for the purpose of this subsection.  Members appointed for a term to begin July 1, 1996, may be reappointed for two additional successive terms.
	(c)	Appointments to fill vacancies in positions filled by the Governor shall be made by the Governor for the unexpired terms.  Appointments by the General Assembly shall be made in accordance with G.S. 120-121, and appointments to fill vacancies in those positions shall be made in accordance with G.S. 120-122.
."
Sec. 5.  G.S. 115C-11(a) reads as rewritten:
"(a)	Presiding Officer. – The Governor shall select one member of the Board to serve as chair. The chair shall serve at the pleasure of the Governor. 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. 6.  G.S. 115C-18 reads as rewritten:
"§ 115C-18.  Appointment of Superintendent of Public Instruction; salary.
The Superintendent of Public Instruction shall be 
appointed by the State Board of Education and shall serve at the pleasure of the State Board of Education. The salary of the Superintendent shall be set by the State Board of Education."
Sec. 7.  G.S. 115C-20 is repealed.
Sec. 8.  G.S. 115C-21 reads as rewritten:
"§ 115C-21.  Powers and duties generally.
(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 personally appearing 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. The report shall include information and statistics concerning the public schools, and recommendations for the improvement of the public schools and the public school law. 
(4)	To have printed and distributed such educational bulletins as 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)	As chief administrative officer of the State Board of Education, to direct all those matters relating to the supervision and administration of the public school system.
(b)	Duties as Secretary to the State Board of Education. – As secretary, under the direction of the Board, it shall be the duty of the Superintendent of Public Instruction:
(1)	To administer through the Department of Public Instruction, all policies established by the Board.
(1a)	To administer the funds appropriated for the operations of the State Board of Education and for aid to local school administrative units.
(2)	To keep the Board informed regarding developments in the field of public education.
(3)	To make recommendations to the Board with regard to the problems and needs of education in North Carolina.
(4)	To make available to the public schools a continuous program of comprehensive supervisory services.
(5)	To collect and organize information regarding the public schools, and to use this information to furnish the Board such tabulations and reports as may be required by the Board.
(6)	To communicate to the public school administrators all information and instructions regarding instructional policies and procedures adopted by the Board.
(7)	To have custody of the official seal of the Board and to attest all deeds, leases, or written contracts executed in the name of the Board. All deeds of conveyance, leases, and contracts affecting real estate, title to which is held by the Board, and all contracts of the Board required to be in writing and under seal, shall be executed in the name of the Board by the chairman and attested by the secretary; and proof of the execution, if required or desired, may be had as provided by law for the proof of corporate instruments.
(8)	To attend all meetings of the Board and to keep the minutes of the proceedings of the Board in a well-bound and suitable book, which minutes shall be approved by the Board prior to its adjournment; and, as soon thereafter as possible, to furnish to each member of the Board a copy of said minutes.
(9)	To perform such other duties as the Board may assign." 
Sec. 9.  G.S. 120-123 is amended by adding a new subdivision to read:
"(63)	The State Board of Education, as established in G.S. 115C-10."
Sec. 10.  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. 11.  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. 12.  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. 13. G.S. 163-1 is amended by deleting the entries in the table for "Superintendent of Public Instruction".
Sec. 14. 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. 15.  G.S. 163-278.27(b) reads as rewritten:
"(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."
Sec. 16.  Notwithstanding G.S. 163-107(c), in 1996 only, if at the time filing of notices for candidacy for the office of Superintendent of Public Instruction is to open under G.S. 163-106(c), the provisions of this act that provide that that office is no longer elective have not been approved under Section 5 of the Voting Rights Act of 1965, then notices of candidacy for that office shall not be filed with the State Board of Elections earlier than the third Monday in January.
Sec. 17.  The amendments set out in Sections 1, 2, and 3 of this act shall be submitted to the qualified voters of the State at a statewide general election on November 7, 1995, which election shall be conducted under the laws then governing elections in the State.  Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes.  The question to be used in the voting systems and ballots shall be:
"[ ] FOR    [ ] AGAINST
Constitutional amendments to change the composition of the State Board of Education, to change the length of terms for members of the State Board of Education, and to make the Superintendent of Public Instruction an appointee of the State Board of Education."
Sec. 18.  If a majority of votes cast on the question are in favor of the amendments set out in Sections 1, 2, and 3 of this act, the State Board of Elections shall certify the amendments to the Secretary of State.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.  The amendments shall become effective as follows:
(1)	The amendment set out in Section 1 of this act shall become effective upon such certification except that the term of office of all members of the State Board of Education who were appointed to the State Board of Education prior to July 1, 1996, and were serving as members on June 30, 1996, shall expire on July 1, 1996.
	(2)	The amendments set out in Sections 2 and 3 of this act shall become effective the later of January 1, 1997, and the date that those sections are precleared under Section 5 of the Voting Rights Act of 1965.  If because of the date of preclearance of those sections under Section 5 of the Voting Rights Act of 1965, an election is conducted in 1996 for the office of Superintendent of Public Instruction, the results of that election are vacated.  If the amendments become effective after January 1, 1997, the term of office of the person then holding that office is terminated on the effective date.
Sec. 19.  Sections 4 through 15 of this act become effective only if the constitutional amendments set out in Sections 1, 2, and 3 of this act are approved by the voters. If the constitutional amendments are approved by the voters:
(1)	Sections 4, 5, and 9 of this act shall become effective July 1, 1997: Provided, however, the General Assembly and the Governor may appoint members to the State Board of Education in accordance with Section 4 of this act, prior to July 1, 1996, for terms of office beginning July 1, 1996.
(2)	Sections 6, 7, 8, and 10 through 15 of this act shall become effective on the later of January 1, 1997, and the date that those sections are precleared under Section 5 of the Voting Rights Act of 1965. If because of the date of preclearance of those sections under Section 5 of the Voting Rights Act of 1965, an election is conducted in 1996 for the office of Superintendent of Public Instruction, the results of that election are vacated.  If the amendments become effective after January 1, 1997, the term of office of the person then holding that office is terminated on the effective date.
Sec. 20.  This act is effective upon ratification.