AN ACT to transfer the north carolina center for applied textile technology to gaston college.

The General Assembly of North Carolina enacts:

SECTION 1.  The North Carolina Center for Applied Textile Technology is transferred from the Community Colleges System Office to Gaston College. The transfer shall have all of the elements of a Type I transfer, as defined in G.S. 143A‑6(a).
SECTION 2.  Article 6 of Chapter 115D of the General Statutes is repealed.
SECTION 3.  Chapter 115D of the General Statutes is amended by adding a new Article to read:
"Article 5A.
"North Carolina Center for Applied Textile Technology at Gaston College.
"§ 115D‑67.1.  Purpose of the Center.
The purpose of the North Carolina Center for Applied Textile Technology is to develop a world‑class workforce for the textile industry in North Carolina; support the textile industry by identifying problems confronting the industry and assisting the industry in solving them; garner support from the textile industry for the work of the Center; and serve as a statewide center of excellence that serves all components of the textile industry.
"§ 115D‑67.2. Advisory Board.
(a)	The Advisory Board to the North Carolina Center for Applied Textile Technology is hereby established. The purpose of the Advisory Board is to assist in the advancement and administration of the Applied Textile Technology Center.
(b)	The Advisory Board shall consist of 14 members:
(1)	The President of Gaston College, who shall serve ex officio;
(2)	Four members appointed by the North Carolina Manufacturers Association, Inc.;
(3)	Two members appointed by the board of the North Carolina Center for Applied Textile Technology Foundation;
(4)	Two members appointed by the board of trustees of Gaston College;
(5)	Three members appointed by the State Board of Community Colleges;
(6)	One member appointed by the dean of the College of Textiles at North Carolina State University; and
(7)	The Director of the Hosiery Technology Center at Catawba Valley Community College who shall serve ex officio as a nonvoting member.
The appointing entities shall attempt to appoint members who are distributed geographically throughout the State; members representing large and small companies; and members from each segment of the diverse textile industry including spun yarn manufacturing, filament yarn manufacturing, knitting, weaving, dyeing and finishing, apparel, nonwoven, technical/medical textiles, and fiber producers. 
(c)	In order for the terms of members to be staggered, one initial member appointed by the North Carolina Manufacturers Association, Inc., one member appointed by the North Carolina Center for Applied Textile Technology Foundation, one member appointed by the board of trustees of Gaston College, and two members appointed by the State Board of Community Colleges shall serve for two‑year terms. The remainder of the initial appointees shall serve for four‑year terms. Subsequent terms shall be for four years. Initial terms shall begin July 1, 2005.
Members may serve for no more than two consecutive four‑year terms. Members appointed to an initial term of two years and members appointed to fill a vacancy may serve two consecutive four‑year terms after the expiration of their term of less than four years.
All vacancies occurring on the board shall be filled for the remainder of the unexpired term by the appointing authority making the original appointment. 
Members shall receive per diem, travel, and subsistence allowances in accordance with G.S. 138‑5 and G.S. 138‑6, as appropriate.
(d)	The Advisory Board is a public body as defined in G.S. 143‑318.10(b) and is subject to all provisions of G.S. 143‑318.9 through G.S. 143‑318.18.
"§ 115D‑67.3. Director and other Center personnel.
The President of Gaston College shall appoint an individual to serve as the director of the Center from a list of two or more candidates recommended by the Advisory Board. If the President rejects the recommended candidates, the Advisory Board shall submit two or more additional candidates. The director, after consultation with the Advisory Board and subject to the approval of the President of Gaston College, shall select other staff members of the Center. The director and other staff members of the Center are employees of Gaston College and are subject to the personnel policies of Gaston College.
"§ 115D‑67.4.  Fees collected by the Center; purchases using Center funds.
Notwithstanding any other provision of law, all fees collected by the Applied Textile Technology Center for services to the textile industry, except for regular curriculum and continuing education tuition receipts, shall be retained by the Center and used for the operations of the Center. Purchases made by the Center using these funds are not subject to the provisions of Article 3 of Chapter 143 of the General Statutes."
SECTION 4.  G.S. 115D‑2(3) reads as rewritten:
"§ 115D‑2.  Definitions.
As used in this Chapter:
…
(3)	The term "institution" refers to any institution established pursuant to this Chapter."
SECTION 5.  G.S. 115D‑58.14(a) reads as rewritten:
"(a)	Community colleges may purchase the same supplies, equipment, and materials from noncertified sources as are available under State term contracts, subject to the following conditions:
(1)	The purchase price, including the cost of delivery, is less than the cost under the State term contract; and
(2)	The cost of the purchase shall not exceed the bid value benchmark established under G.S. 143‑53.1."
SECTION 6.  The Director of the North Carolina Center for Applied Textile Technology shall serve ex officio as a nonvoting member of the Advisory Board to the Hosiery Technology Center at Catawba Valley Community College.

SECTION 7.  This act becomes effective July 1, 2005.
In the General Assembly read three times and ratified this the 13th day of June, 2005.

	s/	 Charlie S. Dannelly
		 Deputy President Pro Tempore of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 9:20 p.m. this 21st day of June, 2005