GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
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HOUSE DRH30065-MK-72A (02/11)
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Short Title: Supt. Public Instruction Member of SBE. |
(Public) |
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Sponsors: |
Representatives Holloway and Elmore (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION a member of the state board of education and to make conforming changes to the general statutes.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4 of Article IX of the North Carolina Constitution reads as rewritten:
"Sec. 4. State Board of Education.
(1) Board. The State Board of Education shall consist
of the Superintendent of Public Instruction, the Lieutenant Governor,
the Treasurer, and eleven10 members appointed by the Governor,
subject to confirmation by the General Assembly in joint session. The General
Assembly shall divide the State into eight educational districts. Of the
appointive members of the Board, one shall be appointed from each of the eight
educational districts and threetwo shall be appointed from the
State at large. Appointments shall be for overlapping terms of eight years.
Appointments to fill vacancies shall be made by the Governor for the unexpired
terms and shall not be subject to confirmation.
(2) Superintendent of Public Instruction. The
Superintendent of Public Instruction shall be the secretary and chief
administrative officer of the State Board of Education."
SECTION 2. G.S. 115C‑10 reads as rewritten:
"§ 115C‑10. Appointment of Board.
The State Board of Education shall consist of the Superintendent
of Public Instruction, the Lieutenant Governor, the State Treasurer, and 1110
members appointed by the Governor, subject to confirmation by the General
Assembly in joint session. Not more than two public school employees paid from
State or local funds may serve as appointive members of the State Board of
Education. No spouse of any public school employee paid from State or local
funds and no spouse of any employee of the Department of Public Instruction may
serve as an appointive member of the State Board of Education. Of the
appointive members of the State Board of Education, one shall be appointed from
each of the eight educational districts and threetwo shall be
appointed as members at large. Appointments shall be for terms of eight years
and shall be made in four classes. Appointments to fill vacancies shall be made
by the Governor for the unexpired terms and shall not be subject to
confirmation.
The Governor shall transmit to the presiding officers of the Senate and the House of Representatives, on or before the sixtieth legislative day of the General Assembly, the names of the persons appointed by the Governor and submitted to the General Assembly for confirmation; thereafter, pursuant to joint resolution, the Senate and the House of Representatives shall meet in joint session for consideration of an action upon such appointments."
SECTION 3.(a) G.S. 7B‑1402(b) reads as rewritten:
"(b) The Task Force shall be composed of 35 members, 11 of whom shall be ex officio members, four of whom shall be appointed by the Governor, 10 of whom shall be appointed by the Speaker of the House of Representatives, and 10 of whom shall be appointed by the President Pro Tempore of the Senate. The ex officio members other than the Chief Medical Examiner shall be nonvoting members and may designate representatives from their particular departments, divisions, or offices to represent them on the Task Force. The members shall be as follows:
(1) The Chief Medical Examiner;
(2) The Attorney General;
(3) The Director of the Division of Social Services;
(4) The Director of the State Bureau of Investigation;
(5) The Director of the Division of Maternal and Child Health of the Department of Health and Human Services;
(6) The Director of the Governor's Youth Advocacy and Involvement Office;
(7) The Superintendent of Public Instruction;
(8) The ChairmanChair, or Vice‑Chair if
the Superintendent of Public Instruction is the Chair, of the State Board
of Education;
(9) The Director of the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services;
(10) The Secretary of the Department of Health and Human Services;
(11) The Director of the Administrative Office of the Courts;
(12) A director of a county department of social services, appointed by the Governor upon recommendation of the President of the North Carolina Association of County Directors of Social Services;
(13) A representative from a Sudden Infant Death Syndrome counseling and education program, appointed by the Governor upon recommendation of the Director of the Division of Maternal and Child Health of the Department of Health and Human Services;
(14) A representative from the North Carolina Child Advocacy Institute, appointed by the Governor upon recommendation of the President of the Institute;
(15) A director of a local department of health, appointed by the Governor upon the recommendation of the President of the North Carolina Association of Local Health Directors;
(16) A representative from a private group, other than the North Carolina Child Advocacy Institute, that advocates for children, appointed by the Speaker of the House of Representatives upon recommendation of private child advocacy organizations;
(17) A pediatrician, licensed to practice medicine in North Carolina, appointed by the Speaker of the House of Representatives upon recommendation of the North Carolina Pediatric Society;
(18) A representative from the North Carolina League of Municipalities, appointed by the Speaker of the House of Representatives upon recommendation of the League;
(18a) A representative from the North Carolina Domestic Violence Commission, appointed by the Speaker of the House of Representatives upon recommendation of the Director of the Commission;
(19) One public member, appointed by the Speaker of the House of Representatives;
(20) A county or municipal law enforcement officer, appointed by the President Pro Tempore of the Senate upon recommendation of organizations that represent local law enforcement officers;
(21) A district attorney, appointed by the President Pro Tempore of the Senate upon recommendation of the President of the North Carolina Conference of District Attorneys;
(22) A representative from the North Carolina Association of County Commissioners, appointed by the President Pro Tempore of the Senate upon recommendation of the Association;
(22a) A representative from the North Carolina Coalition Against Domestic Violence, appointed by the President Pro Tempore of the Senate upon recommendation of the Executive Director of the Coalition;
(23) One public member, appointed by the President Pro Tempore of the Senate; and
(24) Five members of the Senate, appointed by the President Pro Tempore of the Senate, and five members of the House of Representatives, appointed by the Speaker of the House of Representatives."
SECTION 3.(b) G.S. 104‑12 reads as rewritten:
"§ 104‑12. Acquisition of land for inland waterway from Cape Fear River; grant of State lands.
For the purpose of aiding in the construction of the proposed
inland waterway by the United States from the Cape Fear River at Southport to
the North Carolina‑South Carolina State line, the Secretary of State is
hereby authorized to issue to the United States of America a grant to the land
located within said inland waterway, right‑of‑way, which is to be
1,000 feet to 1,750 feet wide insofar as such land is subject to grant by the
State of North Carolina, the said grant to issue upon a certificate furnished
to the Secretary of State by the Secretary of War, or by any authorized officer
of the corps of engineers of the United States Army, or by any other authorized
official, exercising control over the construction of the said waterway.
Whenever in the construction of such inland waterway within this State, lands
theretofore submerged shall be raised above the water by the deposit of
excavated material, the land so formed shall become the property of the United
States if within the limits of said inland waterway, right‑of‑way,
herein set out 1,000 feet to 1,750 feet and the Secretary of State is hereby
authorized to issue to the United States a grant to the land so formed within
the limits above specified, the grant to issue upon a certificate furnished to
the Secretary of State by some authorized official of the United States, as
above provided. If said lands so required for the inland waterway right‑of‑way
shall be marshlands, or sound lands, the title to which has heretofore been
vested in the State Board of Education, the Governor of the State, as President
thereof, and the Superintendent of Public Instruction as Secretary,Chief
Administrative Officer, are hereby authorized and required to execute
proper conveyance to the United States of America for said marshlands or sound
lands, free of cost, both to the State and to the United States government,
upon a certificate furnished to said Board of Education by the Secretary of
War, or by any authorized officer of the corps of engineers of the United
States Army, or by any other authorized official exercising control over the
construction of the said inland waterway."
SECTION 3.(c) G.S. 104‑19 reads as rewritten:
"§ 104‑19. Acquisition of land for inland waterway from Beaufort Inlet; grant of State lands.
For the purpose of aiding in the construction of the proposed
inland waterway by the United States from Beaufort Inlet in the State of North
Carolina to the Cape Fear River, the Secretary of State is hereby authorized to
issue to the United States of America a grant to the land located within said
inland waterway, right‑of‑way, which is to be 1,000 feet wide,
insofar as such land is subject to grant by the State of North Carolina, the
said grant to issue upon a certificate furnished to the Secretary of State by
the Secretary of War, or by any authorized officer of the corps of engineers of
the United States Army, or by any other authorized official, exercising control
over the construction of the said waterway. Whenever in the construction of
such inland waterway within this State, lands theretofore submerged shall be
raised above the water by the deposit of excavated material, the land so formed
shall become the property of the United States if within the limits of said
inland waterway, right‑of‑way, herein set out 1,000 feet, and the
Secretary of State is hereby authorized to issue to the United States a grant
to the land so formed within the limits above specified, the grant to issue
upon a certificate furnished to the Secretary of State by some authorized
official of the United States, as above provided. If said lands so required for
the inland waterway right‑of‑way shall be marshlands, the title to
which has heretofore been vested in the State Board of Education, the Governor
of the State, as President thereof, and the Superintendent of Public Instruction
as Secretary,Chief Administrative Officer, are hereby authorized
and required to execute a proper conveyance to the United States of America for
said marshlands, free of cost, both to the State and to the United States
government, upon a certificate furnished, to said Board of Education by the
Secretary of War, or by any authorized officer of the corps of engineers of the
United States Army, or by any other authorized official exercising control over
the construction of the said inland waterway."
SECTION 3.(d) G.S. 115C‑11 reads as rewritten:
"§ 115C‑11. Organization and internal procedures of Board.
(a) Presiding Officer. – The State Board of Education
shall elect from its membership a chairman and vice‑chairman.chair
and vice‑chair. 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 chairmanchair
of the Board shall preside at all meetings of the Board. In the absence of
the chairman,chair, the vice‑chairmanvice‑chair
shall preside; in the absence of both the chairmanchair and
the vice‑chairman,vice‑chair, the Board shall name
one of its own members as chairmanchair pro tempore.
(a1) Secretary. – The State Board of Education shall elect from its membership a secretary. The secretary shall attend all meetings of the Board and 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. As soon thereafter as possible, the secretary shall furnish to each member of the Board a copy of the minutes.
…
(c) Special Meetings. – Special meetings of the Board
may be set at any regular meeting or may be called by the chairmanchair
or by the secretary upon the approval of the chairman:chair:
Provided, a special meeting shall be called by the chairmanchair
upon the request of any five members of the Board. In case of regular meetings
and special meetings, the secretary shall give notice to each member, in
writing, of the time and purpose of the meeting, by letter directed to each
member at his or her home post‑office address. Such notice must be
deposited in the Raleigh Post Office at least three days prior to the date of
meeting.
(d) Voting. – No voting by proxy shall be permitted. Except in voting on textbook adoptions, all voting shall be viva voce unless a record vote or secret ballot is demanded by any member, and a majority of those present and voting shall be necessary to carry a motion.
(e) Voting on Adoption of Textbooks. – A majority vote of the whole membership of the Board shall be required to adopt textbooks, and a roll call vote shall be had on each motion for such adoption or adoptions. A record of all such votes shall be kept in the minute book.
(f) Committees. – The Board may create from its
membership such committees as it deems necessary to facilitate its business.
The chairmanchair of the Board shall with approval of the
majority of the Board appoint members to the several committees authorized by
the Board and to any additional committees which the chairmanchair
may deem to be appropriate.
…."
SECTION 3.(e) G.S. 115C‑19 reads as rewritten:
"§ 115C‑19. Chief administrative officer of the State Board of Education.
As provided in Article IX, Sec. 4(2) of the North Carolina
Constitution, the Superintendent of Public Instruction shall be the secretary
and chief administrative officer of the State Board of Education. As secretary
and chief administrative officer of the State Board of Education, the
Superintendent manages on a day‑to‑day basis the administration of
the free public school system, subject to the direction, control, and approval
of the State Board. Subject to the direction, control, and approval of the
State Board of Education, the Superintendent of Public Instruction shall carry
out the duties prescribed under G.S. 115C‑21."
SECTION 3.(f) G.S. 115C‑21(b) reads as rewritten:
"(b) Duties as Secretary to the State Board
of Education. – Subject to the direction, control, and approval of the State
Board of Education, it shall be the duty of the Superintendent of Public
Instruction:
(1) To administer through the Department of Public Instruction, the instructional policies established by the Board.
(1a) Repealed by Session Laws 1995, c. 72, s. 2.
(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, on the basis of which he shall 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 chair 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 to him or her from time to time."
SECTION 3.(g) G.S. 115C‑64.15(b) reads as rewritten:
"(b) The Commission shall consist of the following 14 members:
(1) The Secretary of Commerce.
(2) The State Superintendent of Public Instruction.
(3) The ChairChair, or Vice‑Chair if
the State Superintendent of Public Instruction is the Chair, of the State
Board of Education.
(4) The President of The University of North Carolina.
(5) The President of the North Carolina Community College System.
(6) Three members appointed by the Governor who have experience in education.
(7) Three members appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives, as provided in G.S. 120‑121, who have experience in businesses operating in North Carolina.
(8) Three members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, as provided in G.S. 120‑121, who have experience in businesses operating in North Carolina."
SECTION 3.(h) G.S. 115C‑102.5(d) reads as rewritten:
"(d1) The Chair of the State Board of EducationCommission
shall select the Commission member or members who shall serve as chair or
cochairs of the Commission."
SECTION 3.(i) G.S. 115C‑296.6(a) reads as rewritten:
"(a) The NCCAT Board of Trustees shall be composed of the following membership:
(1) Two ex officio members: the Chairman Chair,
or Vice‑Chair if the State Superintendent of Public Instruction is the
Chair, of the State Board of Education and the State Superintendent of
Public Instruction or their designees;
(2) Two members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate;
(3) Two members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives; and
(4) Eight members appointed by the Governor, one from each of the eight educational regions.
The appointing authorities shall give consideration to assuring, through Board membership, the statewide mission of NCCAT."
SECTION 3.(j) G.S. 116C‑1(b) reads as rewritten:
"(b) The Education Cabinet shall consist of the
Governor, who shall serve as chair, the President of The University of North
Carolina, the State Superintendent of Public Instruction, the ChairmanChair,
or Vice‑Chair if the State Superintendent of Public Instruction is the
Chair, of the State Board of Education, the President of the North Carolina
Community Colleges System, the Secretary of Health and Human Services, and the
President of the North Carolina Independent Colleges and Universities. The
Education Cabinet may invite other representatives of education to participate
in its deliberations as adjunct members."
SECTION 3.(k) G.S. 143A‑44.3 reads as rewritten:
"§ 143A‑44.3. Superintendent of Public Instruction; creation; transfer of powers and duties.
The office of the Superintendent of Public Instruction, as
provided for by Article III, Section 7 of the Constitution, and the Department
of Public Instruction are transferred to the Department of Public Instruction.
The Superintendent of Public Instruction shall be the Secretary and Chief
Administrative Officer of the State Board of Education, and shall have all
powers and duties conferred by the Constitution, by the State Board of
Education, Chapter 115C of the General Statutes, and the laws of this State."
SECTION 3.(l) G.S. 143B‑426.9 reads as rewritten:
"§ 143B‑426.9. North Carolina Agency for Public Telecommunications – Creation; membership; appointments, terms and vacancies; officers; meetings and quorum; compensation.
The North Carolina Agency for Public Telecommunications is created. It is governed by the Board of Public Telecommunications Commissioners, composed of 26 members as follows:
(1) A Chairman appointed by, and serving at the pleasure of, the Governor;
(2) Ten at‑large members, appointed by the Governor from the general public;
(3) Two members appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120‑121;
(4) Two members appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120‑121;
(5) The Secretary of Administration, ex officio;
(6) The Chairman of the Board of Trustees of The University of North Carolina Center for Public Television (if and when established), ex officio;
(7) The ChairmanChair, or Vice‑Chair if
the Superintendent of Public Instruction is the Chair, of the State Board
of Education, ex officio;
(8) The Chairman of the OPEN/net Committee, ex officio, so long as such person is not a State employee;
(9) The Chairman of the North Carolina Utilities Commission, ex officio;
(10) The Director of the Public Staff of the North Carolina Utilities Commission, ex officio;
(11) Repealed by Session Laws 2011‑266, s. 1.13(b), effective July 1, 2011.
(12) The Superintendent of Public Instruction, ex officio;
(13) The President of the University of North Carolina, ex officio;
(14) The President of the Community Colleges System, ex officio; and
(15) Two members ex officio who shall rotate from among the remaining heads of departments enumerated in G.S. 143A‑11 or G.S. 143B‑6, appointed by the Governor.
The 10 at‑large members shall serve for terms staggered as follows: four terms shall expire on June 30, 1980; and three terms shall expire on June 30, 1982; and three terms shall expire on June 30, 1984. Thereafter, the members at large shall be appointed for full four‑year terms and until their successors are appointed and qualified. In making appointments of members at large, the Governor shall seek to appoint persons from the various geographic areas of the State including both urban and rural areas; persons from various classifications as to sex, race, age, and handicapped persons; and persons who are representatives of the public broadcast, commercial broadcast, nonbroadcast distributive systems and private education communities of the State.
The terms of the ex officio members are coterminous with their respective terms of office. In the event that any of the offices represented on the Board ceases to exist, the successor officer to the designated member shall become an ex officio member of the Board; if there shall be no successor, then the position on the Board shall be filled by a member to be appointed by the Governor from the general public. The ex officio members shall have the right to vote.
The initial members appointed to the Board by the General Assembly shall serve for terms expiring June 30, 1983. Thereafter, their successors shall serve for two‑year terms beginning July 1 of odd‑numbered years.
The terms of the rotating ex officio members shall be of one‑year duration, and the schedule of rotation is determined by the Governor.
Each State official who serves on the Board may designate a representative of his department, agency or institution to sit in his place on the Board and to exercise fully the official's privileges of membership.
The Secretary of Administration or his designee serves as secretary of the Board.
Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120‑122. Other vacancies shall be filled in the same manner as the original appointment.
The Governor may remove any member of the Board from office in accordance with the provisions of G.S. 143B‑16.
The Board meets quarterly and at other times at the call of the chairman or upon written request of at least six members.
A majority of the Board members shall constitute a quorum for the transaction of business."
SECTION 4.(a) Chapter 115C of the General Statutes is amended by deleting the word "chairman" wherever it appears and substituting "chair."
SECTION 4.(b) The General Statutes are amended by deleting the word "Chairman" wherever it appears and refers to the Chairman of the State Board of Education and substituting "Chair."
SECTION 4.(c) The Revisor of Statutes is authorized to make the substitutions enacted in this section.
SECTION 5. To implement the reduction in the number of appointments made by the Governor to the State Board of Education as required by this act, when the term of an at‑large member appointed by the Governor expires on March 31, 2017, that vacancy shall not be filled.
SECTION 6. The amendments set out in Section 1 of this act shall be submitted to the qualified voters of the State at a statewide election to be conducted on November 8, 2016, 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 make the Superintendent of Public Instruction a member of the State Board of Education, to reduce the number of members appointed by the Governor to 10 members, and to allow for a secretary to be elected by the members."
SECTION 7. If a majority of votes cast on the question are in favor of the amendments set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendments so certified among the permanent records of that office. The amendments set out in Section 1 of this act shall become effective April 1, 2017.
SECTION 8. Sections 2 through 5 of this act become effective only if the qualified voters approve the constitutional amendments set out in Section 1 of this act. If the voters approve the constitutional amendments, Section 5 becomes effective January 1, 2017, and Sections 2 through 4 of this act become effective April 1, 2017. The remainder of this act is effective when it becomes law.