AN ACT to eliminate the prohibition against certain spouses of members of the board of governors of the university of north carolina, members of the board of trustees of a constituent institution, or members of the state board of community colleges from being employees or officers of the state.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 116‑7(b) reads as rewritten:
"(b)	No member of the General Assembly or officer or employee of the  State, The University of North Carolina, or any constituent institution  may be a member of the Board of Governors. No spouse of a member of the General Assembly, or of an officer or employee of The University of North Carolina, or of any constituent institution may be a member of the Board of Governors. Any member of the Board of Governors who is elected or appointed to the General Assembly or who becomes an officer or employee of the State or of any constituent institution or whose spouse is elected or appointed to the General Assembly or becomes an officer or employee of The University of North Carolina or of any constituent institution shall be deemed thereupon to resign from his membership on the Board of Governors."
SECTION 2.  G.S. 116‑31(h) reads as rewritten:
"(h)	No member of the General Assembly or officer or employee of the  State, The University of North Carolina, or any constituent institution  shall be eligible for election or appointment as a trustee. No spouse of a member of the General Assembly, or of an officer or employee of a constituent institution may be a trustee of that constituent institution. Any trustee who is elected or appointed to the General Assembly or who becomes an officer or employee of the State, The University of North Carolina, or any constituent institution or whose spouse is elected or appointed to the General Assembly or becomes an officer or employee of that constituent institution shall be deemed thereupon to resign from his membership on the board of trustees."
SECTION 3.  G.S. 115D‑2.1(d) reads as rewritten:
"(d)	No member of the General Assembly, no officer or employee of the State, and no officer or employee of an institution under the jurisdiction of the State Board  shall be eligible to serve on the State Board. No spouse of a member of the General Assembly or of an officer or employee of the Community College System or of an institution under the jurisdiction of the State Board shall be eligible to serve on the State Board. No person who within the prior five years has been an employee of the Community Colleges System Office shall be eligible to serve on the State Board."
SECTION 4.  G.S. 116‑233(c) reads as rewritten:
"(c)	No member of the General Assembly or officer or employee of the State, the School, The University of North Carolina, or of any constituent institution of The University of North Carolina,  shall be eligible to be appointed to the Board of Trustees except as specified under subdivision (3) of subsection (a) of this section. No spouse of a member of the General Assembly, or of an officer or employee of the school may be a member of the Board of Trustees. Any appointed trustee who is elected or appointed to the General Assembly or who becomes an officer or employee of the State, except as specified under subdivision (3) of subsection (a) of this section,  or whose spouse is elected or appointed to the General Assembly or becomes such an officer or employee of the School, shall be deemed thereupon to resign from his or her membership on the Board of Trustees. This subsection does not apply to ex officio members."
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of July, 2007.

	_____________________________________
		 Marc Basnight
	 President Pro Tempore of the Senate

	_____________________________________
		 Joe Hackney
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2007