Title: S.L. 1979-896
Category: Introduced Bills

General Assembly of North Carolina	vaca

NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 896
SENATE BILL 266

AN ACT TO REVISE THE PROVISIONS RELATING TO THE ADMINISTRATION OF THE COMMUNITY COLLEGES AND TECHNICAL INSTITUTES IN NORTH CAROLINA.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 115D-2(5) is rewritten to read:
"(5)	The term 'State Board' refers to the State Board of Community Colleges and Technical Institutes."
Sec. 2.  Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D-2.1.  State Board of Community Colleges and Technical Institutes. — (a) Establishment. The State Board of Community Colleges and Technical Institutes is established.
(b)	Structure and Appointment. The State Board shall consist of 19 members, including the Lieutenant Governor, and the Treasurer of North Carolina who shall be ex officio members. The Governor shall appoint one person to the State Board from each of the six Trustee Association Regions defined in G.S. 115D-54, and four persons from the State at large; appointment of these 10 original members shall be made by July 1, 1980; three shall be appointed or terms expiring June 30, 1981, three shall be appointed for terms expiring June 30 1983, and four shall be appointed for terms expiring June 30, 1985. Thereafter appointments to these positions shall be for six-year terms The General Assembly by joint resolution shall select seven persons from the State at large and the Governor shall appoint these persons to membership on the State Board by July 1, 1980; two members shall be for terms expiring June 30, I98L two shall be for terms expiring June 30, 1983; and three shall be for terms expiring June 30, 1985; thereafter, selection and appointment of these members shall be for six-year terms. No person shall be appointed to more than two full terms in succession. In 1980, at a meeting to be called by the Governor, the State Board shall elect from its voting membership for a one-year term a chairman and such other officers as the State Board deems necessary. At the first regular meeting held after appointment of new members in each odd- numbered year, the State Board shall elect from its voting membership for a two-year term a chairman and such other officers as the State Board deems necessary. No member of the General Assembly or officer or employee of the State or of any constituent institution or the spouse of any such member, officer, or employee may be a member of this Board, provided however, that the Lieutenant Governor and the State Treasurer shall serve as provided in this subsection.
(c)	Meetings. Regular meetings of the State Board of Community Colleges and Technical Institutes shall be held each month on a day fixed by the State Board. Ten voting members shall constitute a quorum for the transaction of business. Special meetings of the State Board may be set at any regular meeting or may be called by the chairman.
(d)	Legislative Confirmation. Except as otherwise provided in subsection (e) of this section, all persons appointed to the State Board by the Governor, other than those selected by the General Assembly, shall be subject to confirmation by the General Assembly by joint resolution.
(e)	Vacancies, Interim Appointments. A vacancy in an appointive position shall be filled for the unexpired term in the same manner as the appointment of the person causing the vacancy was made. If a vacancy occurs while the General Assembly is not in session or when the General Assembly has recessed or adjourned for more than 10 days, the Governor may appoint any qualified person to serve without confirmation until the close of the 10th legislative day after the vacancy occurs, provided however, that no such interim appointment shall be valid beyond the expiration of the term."
Sec. 3.  G.S. 115D-3 is rewritten to read:
"§ 115D-3.  State Board of Community Colleges and Technical Institutes to establish department to administer systems of educational institutions; employment of personnel in community college system. — The State Board of Community Colleges and Technical Institutes is authorized to establish and organize a department to provide State-level administration, under the direction of the State Board, of a system of community colleges and technical institutes separate from the free public school system of the State. The State Board shall have authority to adopt and administer all policies, regulations, and standards which it may deem necessary for the establishment and operation of the department.
The State Board shall elect a State President of the Department of Community Colleges. He shall be the chief administrative officer of the Department. The compensation of this position shall be fixed by the Governor, upon the recommendation of the State Board, subject to approval by the Advisory Budget Commission.
The State 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 State President. The State Board shall fix the compensation of the staff members it elects. These staff members shall include such officers as may be deemed desirable by the State President and the 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 State 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 State 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. The State Board shall appoint an advisory council consisting of at least seven members to advise the State Board on matters relating to personnel, curricula, finance, articulation, and other matters concerning institutional programs and coordination with other educational institutions of the State. The State Board of Community Colleges and Technical Institutes shall have all other powers, duties, and responsibilities delegated to the State Board of Education affecting the Department of Community Colleges not otherwise stated in this Chapter."
Sec. 4.  G.S. 115D-4 is amended by deleting the words "the Board" in each of the four places that such words appear and inserting in lieu thereof the words "the State Board", and by deleting the words "State Board of Education" in both places and inserting in lieu thereof the words "State Board of Community Colleges and Technical Institutes".
Sec. 5.  G.S. 115D-5 is amended in the catchline and section by deleting the words "State Board of Education" in the twelve places those words appear and inserting in lieu thereof the words "State Board of Community Colleges and Technical Institutes".
Sec. 6.  G.S. 115D-5(a) and G.S. 115D-5(e) are amended by deleting the words "the Board" and inserting in lieu thereof the words "the State Board".
Sec. 7.  G.S. 115D-5(a) is further amended by deleting the words "The Board" and inserting in lieu thereof "The State Board".
Sec. 8.  G.S. 115D-6 is amended by deleting the words "State Board of Education" and inserting in lieu thereof the words "State Board of Community Colleges and Technical Institutes".
Sec. 9.  Chapter 115D of the General Statutes is amended by adding a new section to read:
"§ 115D-54.  Trustee Association Regions. — The State is divided into six Trustee Association Regions as follows:
Region 1: The counties of Buncombe, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, Macon, McDowell, Polk, Rutherford, Swain, and Transylvania.
Region 2: The counties of Alexander, Alleghany, Ashe, Avery, Burke, Caldwell, Catawba, Davie, Iredell, Madison, Mitchell, Rowan, Surry, Watauga, Wilkes, Yadkin, and Yancey.
Region 3: The counties of Alamance, Chatham, Davidson, Caswell, Durham, Forsyth, Franklin, Granville, Guilford, Orange, Person, Randolph, Rockingham, Stokes, Vance, Warren, and Wake.
Region 4: The counties of Anson, Cabarrus, Cumberland, Harnett, Hoke, Johnston, Lee, Mecklenburg, Montgomery, Moore, Richmond, Robeson, Scotland, Stanly, and Union.
Region 5: The counties of Bladen, Brunswick, Carteret, Craven, Columbus, Duplin, Greene, Jones, Lenoir, New Hanover, Onslow, Pamlico, Pender, Sampson, and Wayne.
Region 6: The counties of Beaufort, Bertie, Camden, Chowan, Currituck, Dare, Edgecombe, Gates, Halifax, Hertford, Hyde, Martin, Nash, Northampton, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, and Wilson."
Sec. 10.  The expenses of the State Board of Community Colleges and Technical Institutes shall be paid in the fiscal year 1980-81 from funds appropriated to the Department of Community Colleges with the approval of the Governor and the Advisory Budget Commission.
Sec. 11.  Passage of this act shall not obligate the General Assembly for an additional appropriation.
Sec. 12.  The State Board of Community Colleges and Technical Institutes may adopt regulations beginning July 1, 1980, but no such regulation shall become effective prior to January 1, 1981.
Sec. 13.  G.S. 115D-12, G.S. 115D-13, G.S. 115D-15, G.S. 115D-17, G.S. 115D‑18, G.S. 115D-21, G.S. 115D-23, G.S. 115D-27, G.S. 115D-29(e), G.S. 115D-32, G.S. 115D-35, G.S. 115D-38, G.S. 115D-40, G.S. 115D-41, G.S. 115D-42, G.S. 115D-43, G.S. 115D-44, G.S. 115D-51, G.S. 115D-65, G.S. 115D-66, G.S. 115D-67, G.S. 115D-68, G.S. 116-11(1) and G.S. 116-15(d) are amended by deleting the words "State Board of Education" and inserting in lieu thereof the words "State Board of Community Colleges and Technical Institutes".
Sec. 14.  Sections 2, 9, 10, 11, 12, and 14 of this act are effective upon ratification. The remainder of this act shall become effective January 1, 1981.
In the General Assembly read three times and ratified, this the 8th day of June, 1979.

Page 	Introduced Bill

Introduced Bill	Page