GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	3
HOUSE BILL 1144
 Committee Substitute Favorable 4/24/01
Senate Education/Higher Education Committee Substitute Adopted 10/4/01 

Short Title:	Revise BOG Election Procedure.	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO REVISE THE PROCEDURE BY WHICH THE GENERAL ASSEMBLY ELECTS THE MEMBERS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA AND TO STUDY THE STRUCTURE OF THE BOARD OF GOVERNORS.  

The General Assembly of North Carolina enacts:
SECTION 1.   G.S. 116‑6 reads as rewritten:
"§ 116‑6.  Election and terms of members of Board of Governors.
(a)	As the terms of members of the Board of Governors provided for in G.S. 116‑5 expire, their successors shall be elected by the Senate and House of Representatives. Sixteen members shall be elected at the regular legislative session in 1993 and every two years thereafter. The Senate and the House of Representatives shall each elect one‑half of the persons necessary to fill the vacancies on the Board of Governors. 
	(c)	In electing members to the Board of Governors, the Senate and the House of Representatives shall select from a slate of candidates made in each house. The slate shall be prepared as provided by resolution of each house. 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. In 1993 and biennially thereafter, each house shall hold their elections within 30 legislative days after appointments to their education committees are complete.
(d)	All terms shall commence on July 1 of odd‑numbered years and all members shall serve for four‑year overlapping terms.
(e)	No person may be elected to:
(1)	More than three full four‑year terms in succession;
(2)	A four‑year term if preceded immediately by election to two full eight‑year terms in succession; or
(3)	A four‑year term if preceded immediately by election to an eight‑year term and a four‑year term in succession.
Resignation from a term of office does not constitute a break in service for the purpose of this subsection. Service prior to the beginning of those terms in 1989 shall be included in the limitations.
(f)	Any person who has served at least one full term as chairman of the Board of Governors shall be a member emeritus of the Board of Governors for one four‑year term beginning at the expiration of that member's regular elected term. Any person already serving as an emeritus member may serve an additional four‑year term beginning July 1, 1991. Members emeriti have all the rights and privileges of membership except they do not have a vote.
(g)	Effective July 1, 1991, and thereafter, any person who has served at least one term as a member of the Board of Governors after having served as Governor of North Carolina shall be a member emeritus of the Board of Governors, with all the rights and privileges of membership as in G.S. 116‑6."
SECTION 2.  G.S. 116‑7(a) reads as rewritten:
"§ 116‑7.  General provisions concerning members of the Board of Governors.
(a)	All members of the Board of Governors shall be selected for their interest in, and their ability to contribute to the fulfillment of, the purposes of the Board of Governors, and all members shall be deemed members‑at‑large, charged with the responsibility of serving the best interests of the whole State. In electing members, the objective shall be to obtain the services of the citizens of the State who are qualified by training and experience to administer the affairs of The University of North Carolina. Members shall be selected based upon their ability to further the educational mission of The University through their knowledge and understanding of the educational needs and desires of all the State's citizens, and their economic, geographic, political, racial, sexual, and ethnic diversity."
SECTION 3.(a)  There is created the UNC Board of Governors Study Commission (Commission).  The Commission shall consist of 10 members appointed as follows:  three by the President Pro Tempore of the Senate, three by the Speaker of the House of Representatives; two by the Governor; and two by the Chairman of the Board of Governors of The University of North Carolina.  The President Pro Tempore of the Senate and the Speaker of the House shall each appoint one member to serve as cochair of the Commission. Vacancies on the Commisison shall be filled by the appointing authority.  The Commission shall meet upon the call of the chairs.  A majority of the members of the Commission shall constitute a quorum.
SECTION 3.(b)  The Commission shall study the structure and mission of the Board of Governors of The University of North Carolina (BOG).  As part of the study, the Commission shall consider the length of members' terms, the number of terms a member may serve, the size of the BOG, the scope of the BOG's governance powers, and the effectiveness of the current structure.  As part of the study, the Commission may examine the governance systems of other states' institutions of higher education.  The Commission shall report its findings and any recommendations to the 2002 Regular Session of the 2001 General Assembly.
SECTION 3.(c)  Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 3.(d)  The Legislative Services Commission shall grant adequate meeting space to the Commission in the State Legislative Building or the Legislative Office Building.  The Legislative Administrative Officer shall assign professional staff to assist in the work of the Commission.  The House of Representatives' and the Senate's Supervisors of Clerks shall assign clerical staff to the Commission, upon the direction of the Legislative Services Commission.  The expenses relating to the employees shall be borne by the Commission. All State departments and agencies and local governments and their subdivisions shall furnish the Commission with information in their possession or available to them.  The Legislative Services Commission shall allocate funds available to the General Assembly to implement the provisions in this section.
SECTION 3.(e)  The Commission shall terminate upon the filing of its final report.
SECTION 4.  This act is effective when it becomes law.  Sections 1 and 2 apply to elections held on and after that date.