A BILL TO BE ENTITLED
AN ACT to require that the president of the North Carolina Community CollegeS System be CONFIRMED by the general assembly, to make changes to the approval process of local community college presidents, TO prohibit community colleges from offering courses of instruction using state funds without prior approval by the state board of community colleges, and to make changes to the state board of community colleges and local boards of trustees.
The General Assembly of North Carolina enacts:

part i. Confirmation of the president of the community colleges system
SECTION 1.(a)  G.S. 115D‑3 reads as rewritten:
"§ 115D‑3.  Community Colleges System Office; staff; reorganization authority.
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(a1)	Subject to confirmation by the General Assembly in accordance with G.S. 115D‑3.1, the State Board shall elect a President of the North Carolina Community Colleges System who shall serve as chief administrative officer of the Community Colleges System Office. The State Board shall use the following process to elect a President:
(1)	At least three final candidates shall be submitted to the full State Board from which the full State Board shall make its election.
(2)	The State Board shall conduct a vote on the election of the President, and the candidate who receives a majority of votes of the entire State Board shall be elected President.
(a2)	The compensation of this position shall be fixed by the State Board from funds provided by the General Assembly in the Current Operations Appropriations Act.
(a3)	The President shall be assisted by such professional staff members as may be deemed necessary to carry out the provisions of this Chapter, who shall be elected by the State Board on nomination of the President. The compensation of the staff members elected by the Board shall be fixed by the State Board of Community Colleges, upon recommendation of the President of the Community Colleges System, from funds provided in the Current Operations Appropriations Act. These staff members shall include such officers as may be deemed desirable by the President and State Board. Provision shall be made for persons of high competence and strong professional experience in such areas as academic affairs, public service programs, business and financial affairs, institutional studies and long‑range planning, student affairs, research, legal affairs, health affairs and institutional development, and for State and federal programs administered by the State Board. In addition, the President shall be assisted by such other employees as may be needed to carry out the provisions of this Chapter, who shall be subject to the provisions of Chapter 126 of the General Statutes. The staff complement shall be established by the State Board on recommendation of the President to insure that there are persons on the staff who have the professional competence and experience to carry out the duties assigned and to insure that there are persons on the staff who are familiar with the problems and capabilities of all of the principal types of institutions represented in the system.
…."
SECTION 1.(b)  Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D‑3.1.  General Assembly confirmation of the President.
(a)	The State Board shall submit the name of the person elected as President for confirmation to the presiding officers of the Senate and the House of Representatives of the General Assembly on or before the fifteenth day following the election. The General Assembly shall adopt a joint resolution to either (i) confirm or (ii) deny confirmation, subject to the following:
(1)	The person elected by the State Board shall not serve as President but may serve as interim‑President until the General Assembly adopts a joint resolution.
(2)	If the General Assembly fails to adopt a joint resolution confirming the person by the date that either chamber reaches the thirtieth legislative day following the receipt of the name by the presiding officers, it shall be deemed that the General Assembly has denied confirmation.
(b)	A person denied confirmation shall not serve as President or interim‑President."

Part ii. approval of local presidents of community colleges
SECTION 2.(a)  Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D‑6.1.  College president contracts and approval.
(a)	The State Board shall develop mandatory contract terms that boards of trustees of community colleges shall use when electing a president or chief administrative officer pursuant to G.S. 115D‑20. The contract terms shall include the following:
(1)	A contract term of between one and four years.
(2)	A requirement that the contract or contract renewal is unenforceable unless it is approved by the State Board.
(3)	A list of causes for dismissal and termination of the contract.
(4)	A prohibition on additional financial compensation to the president or chief administrative officer when dismissed for causes included in the contracts.
(5)	Any other provisions deemed necessary by the State Board.
(b)	Each local board of trustees shall submit the name of the person elected as president or chief administrative officer of the institution under G.S. 115D‑20(1) to the State Board for approval. The local board shall submit any information requested by the State Board about the person's qualifications. A person denied approval shall not serve as president of the institution."
SECTION 2.(b)  Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D‑10.  Limitation on judicial review of State Board actions.
State Board actions affecting a local board of trustees or a person elected as a president or chief administrative officer of an institution under any of the following statutes are not subject to judicial review:
(1)	G.S. 115D‑6.
(2)	G.S. 115D‑6.1.
(3)	G.S. 115D‑6.5.
(4)	G.S. 115D‑19."
SECTION 2.(c)  G.S. 115D‑20 reads as rewritten:
"§ 115D‑20.  Powers and duties of trustees.
The trustees of each institution shall constitute the local administrative board of such institution, with such powers and duties as are provided in this Chapter and as are delegated to it by the State Board of Community Colleges. The powers and duties of trustees shall include the following:
(1)	To elect a president or chief administrative officer of the institution in accordance with G.S. 115D‑6.1. If the board of trustees chooses to use a search consultant to assist with the election process, the board of trustees shall select the search consultant through a competitive request for proposals process. A search consultant selected pursuant to this subdivision who is collecting a fee for the consultant's services shall not be (i) an employee of a State agency, department, or institution, an appointed member of a State commission or board, or an elected official whose responsibilities include oversight or budgetary aspects of the Community Colleges System, (ii) a lobbyist or lobbyist principal as defined in G.S. 120C‑100, or (iii) a State‑level community college board of trustees association or organization. A contract with a search consultant pursuant to this subdivision shall not be subject to Article 3C of Chapter 143 of the General Statutes. The election and reelection of a president or chief administrative officer shall be subject to the approval of the State Board of Community Colleges. No person shall serve as a president or chief administrative officer until and unless he or she is approved by the State Board of Community Colleges as provided in G.S. 115D‑6.1.
…."
SECTION 2.(d)  G.S. 115D‑6.1, as enacted by this section, applies to contracts entered into or renewed on or after the date this act becomes law.

PART III. PROHIBITION ON THE USE OF STATE FUNDS FOR COURSES OF INSTRUCTION WITHOUT STATE BOARD APPROVAL
SECTION 3.  G.S. 115D‑5 is amended by adding a new subsection to read:
"(b3)	No course of instruction shall be offered by any community college at State expense or partial State expense without the approval of the State Board of Community Colleges."

Part iv. changes to the state board of community colleges
SECTION 4.(a)  G.S. 115D‑2.2 reads as rewritten:
"§ 115D‑2.2.  State Board of Community Colleges.
(a)	The State Board of Community Colleges is established.
(b)	The State Board of Community Colleges shall consist of 21 members, as follows:
(1)	The Lieutenant Governor or the Lieutenant Governor's designee shall be a member ex officio.
(2)	The Treasurer of North Carolina or the Treasurer's designee shall be a member ex officio.
(3)	The Commissioner of Labor or the Commissioner's designee shall be a member ex officio.
	
(5)	The General Assembly shall elect 18 members of the State Board from the State at large to a term of four years beginning July 1 of an odd‑numbered year and until a successor is elected and qualifies. The Senate shall elect nine members and the House of Representatives shall elect nine members in accordance with subsection (c) of this section.
	
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(h)	At its first meeting after July 1 of each odd‑numbered year, the State Board shall elect from its membership a chair, vice‑chair, and such other officers as it may deem necessary. 
(i)	The State Board of Community Colleges shall meet at stated times established by the State Board, but not less frequently than eight times a year. The State Board of Community Colleges shall also meet with the State Board of Education and the Board of Governors of The University of North Carolina at least once a year to discuss educational matters of mutual interest and to recommend to the General Assembly such policies as are appropriate to encourage the improvement of public education at every level in this State; these joint meetings shall be hosted by the three Boards according to the schedule set out in G.S. 115C‑11(b1). Special meetings of the State Board may be set at any regular meeting or may be called by the chair. A majority of the qualified members of the State Board shall constitute a quorum for the transaction of business.
…."
SECTION 4.(b)  G.S. 115D‑2.2, as amended by this act, reads as rewritten:
"§ 115D‑2.2.  State Board of Community Colleges.
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(b)	The State Board of Community Colleges shall consist of 18 members elected by the General Assembly from the State at large to a term of four years beginning July 1 of an odd‑numbered year until a successor is elected and qualified. The Senate shall elect nine members and the House of Representatives shall elect nine members in accordance with subsection (c) of this section.

	
	
(c)	At each session of the General Assembly held in an odd‑numbered year, the Senate and the House of Representatives shall elect from a slate of candidates made in each chamber. The slate shall be prepared as provided by resolution in each chamber. If a sufficient number of nominees who are legally qualified are submitted, then the slate of candidates shall list at least twice the number of candidates for the total seats open. All qualified candidates shall compete against all other qualified candidates. All candidates shall submit a statement of economic interest to the State Ethics Commission for review under G.S. 138A‑24.
(d)	When a vacancy occurs, the chair of the State Board shall inform the chamber that originally elected the vacating member. The chamber shall elect a person to fill the vacancy in the same manner as required for election under subsection (c) of this section when the General Assembly next convenes. The election shall be for the remainder of the unexpired term.
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(k)	The State Board of Community Colleges may declare vacant the office of an elected member who does not attend three consecutive scheduled meetings without justifiable excuse. The chair of the State Board shall notify the chamber that elected the member of any vacancy."
SECTION 4.(c)  Notwithstanding G.S. 115D‑2.2, as amended by this act, the current members serving on the State Board as of the effective date of this act shall serve the remainder of their terms.
SECTION 4.(d)  When the State Board of Community Colleges elects a chair in accordance with G.S. 115D‑2.2(h) in 2023, the chair shall be elected from the members elected by the Senate. When the State Board of Community Colleges elects a chair in accordance with G.S. 115D‑2.2(h) in 2025, the chair shall be elected from the members elected by the House of Representatives.
SECTION 4.(e)  Notwithstanding G.S. 115D‑2.2, as amended by this act, the following shall be the terms of office for members elected to terms beginning July 1, 2023:
(1)	The House of Representatives shall elect two members to two‑year terms.
(2)	The Senate shall elect three members to two‑year terms.
SECTION 4.(f)  For elections to terms beginning July 1, 2025, and every four years thereafter, the following applies:
(1)	The House of Representatives shall elect five members to four‑year terms.
(2)	The Senate shall elect five members to four‑year terms.
SECTION 4.(g)  For elections to terms beginning July 1, 2027, and every four years thereafter, the following applies:
(1)	The House of Representatives shall elect four members to four‑year terms.
(2)	The Senate shall elect four members to four‑year terms.
SECTION 4.(h)  G.S. 115D‑62 is repealed.
SECTION 4.(i)  G.S. 115D‑79 reads as rewritten:
"§ 115D‑79.  Open meetings.
All official meetings of the State Board of Community Colleges and of local boards of trustees shall be open to the public in accordance with the provisions of G.S. 143‑318.9."
SECTION 4.(j)  Subsection (b) of this section becomes effective July 1, 2027. The remainder of this section is effective when it becomes law.

Part V. Changes to the makeup of the local boards of trustees
SECTION 5.(a)  G.S. 115D‑12 reads as rewritten:
"§ 115D‑12.  Each institution to have board of trustees; selection of trustees.
(a)	Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees composed as follows:
(1)	Eight trustees appointed by the General Assembly under G.S. 120‑121. The General Assembly shall appoint two members annually. One member shall be appointed upon the recommendation of the Speaker of the House of Representatives and one member shall be appointed upon the recommendation of the President Pro Tempore of the Senate.
(2)	Four trustees elected by the board of commissioners of the county in which the main campus of the institution is located, one of whom may be a county commissioner. In addition, each board of commissioners of any other county in the administrative area that provides plant funds to the institution shall elect two additional trustees to the board, one of whom may be a county commissioner.
(3)	The president of the student government or the chair of the executive board of the student body of each community college may be an ex officio nonvoting member if the board of trustees of the community college agrees.
(a1)	No member of the General Assembly shall be a trustee of a local board of trustees.

(b)	All trustees shall be residents of the administrative area of the institution for which they are selected or of counties contiguous to the administrative area.
(b1)	No person who has been employed full time by the community college within the prior 5 years and no spouse or child of a person currently employed full time by the community college shall serve on the board of trustees of that college.
(c)	Vacancies occurring in a seat appointed by the General Assembly shall be filled as provided in G.S. 120‑122. Vacancies occurring in a seat elected by a board of county commissioners shall be filled for the remainder of the unexpired term in the manner in which regular selections are made."
SECTION 5.(b)  G.S. 115D‑13 reads as rewritten:
"§ 115D‑13.  Terms of office of trustees.
(a)	The regular terms of trustees appointed in 1981 and trustees appointed in 1987 shall be extended for one year. The term of one or more trustees, as appropriate, elected pursuant to G.S. 115D‑12 may be extended for one year so that these terms will be staggered, unless they are already staggered.
(b)	Except for the one year extensions of terms set forth in subsection (a) of this section, and for the ex officio member, as the terms of trustees currently in office expire, their successors shall be appointed for four‑year terms.
(c)	All terms shall commence on July 1 of the year.
(d)	Each local board of trustees shall submit the following to the Legislative Library of the General Assembly by August 1 annually:
(1)	The name and address of each trustee.
(2)	The county of residence of each trustee.
(3)	The appointing or electing entity of each trustee.
(4)	If a trustee is filling a vacancy, the name of the trustee replaced.
(5)	The date each trustee's term begins.
(6)	The date each trustee's term ends."
SECTION 5.(c)  Notwithstanding G.S. 115D‑12, as amended by this section, the current members serving on a board of trustees of a community college as of the effective date of this act shall serve the remainder of their terms. Thereafter, as terms expire, the members shall be appointed or elected in accordance with G.S. 115D‑12, as amended by this section. When a vacancy occurs in a seat that was elected by a local board of education or appointed by the Governor, the vacancy shall be filled as provided in G.S. 120‑122 and as follows:
(1)	If the vacancy occurs in a term expiring in an odd‑numbered year, and the General Assembly is not in a regular or extra session at the time of the vacancy, the Governor shall consult with the Speaker of the House of Representatives before making the appointment as required by G.S. 120‑122.
(2)	If the vacancy occurs in a term expiring in an even‑numbered year, and the General Assembly is not in a regular or extra session at the time of the vacancy, the Governor shall consult with the President Pro Tempore of the Senate before making the appointment as required by G.S. 120‑122.
(3)	Notwithstanding G.S. 120‑122, after receiving the written recommendation for the appointment to fill the vacancy, the Governor shall appoint the person recommended within 30 days and shall not reject the recommendation. Upon the expiration of the term, the seat shall be filled in accordance with G.S. 115D‑12, as amended by this section.
SECTION 5.(d)  The following are repealed:
(1)	S.L. 1997‑12.
(2)	Section 2 of S.L. 1999‑60.
(3)	Section 2 of S.L. 2011‑175.
(4)	S.L. 2014‑73.
(5)	S.L. 2015‑12.
(6)	Section 1 of S.L. 2015‑167.
(7)	S.L. 2015‑243.
(8)	Section 2 of S.L. 2015‑252.
(9)	S.L. 2018‑15.
(10)	S.L. 2020‑20.
(11)	Section 1 of S.L. 2021‑52.
(12)	Section 5 of S.L. 2021‑102.
(13)	S.L. 2022‑10.
SECTION 5.(e)  Notwithstanding G.S. 115D‑12(a)(2), as amended by this section, for the Mayland Community College board of trustees, the Avery County Board of Commissioners, Mitchell County Board of Commissioners, and Yancey County Board of Commissioners shall each elect two trustees. Each board of commissioners may elect up to one commissioner as a trustee.
SECTION 5.(f)  Notwithstanding G.S. 115D‑12(a)(2), as amended by this section, for the South Piedmont Community College board of trustees, the Union County Board of Commissioners shall elect three trustees, one of whom may be a county commissioner, and the Anson County Board of Commissioners shall elect two trustees, one of whom may be a county commissioner.
SECTION 5.(g)  Notwithstanding G.S. 115D‑12(a)(2), as amended by this section, for the Vance-Granville Community College board of trustees, the following shall be the trustees elected by the boards of county commissioners in the administrative area of the institution:
(1)	Four trustees elected by the Vance County Board of Commissioners, one of whom may be a county commissioner.
(2)	Three trustees elected by the Granville County Board of Commissioners, one of whom may be a county commissioner.
(3)	Two trustees elected by the Franklin County Board of Commissioners, one of whom may be a county commissioner.
(4)	One trustee elected by the Warren County Board of Commissioners, who may be a county commissioner.

Part vI. Effective date
SECTION 6. Except as otherwise provided, this act is effective when it becomes law.