GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH80151-LE-85A (03/02)
|
Short Title: Governance of Dep't of Public Instruction. |
(Public) |
|
|
Sponsors: |
Representatives Holloway, Blackwell, Malone, and Elmore (Primary Sponsors). |
|
|
Referred to: |
|
|
A BILL TO BE ENTITLED
AN ACT TO AMEND THE north carolina CONSTITUTION TO change the membership of the state board of education, to change the terms of members of the state board of education, to MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION a member of and chair of the state board of education, TO AUTHORIZE THE gOVERNOR TO APPOINT THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, and to make conforming changes to the general statutes.
The General Assembly of North Carolina enacts:
part i. Amend the CONSTITUTION TO change the membership of the state board of education, to change the terms of members of the state board of education, to MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION a member of and chair of the state board of education
SECTION 1.1. 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 eleven 10 members appointed by the Governor, subject
to confirmation by the General Assembly in joint session.and four
members appointed by the General Assembly.
The General Assembly shall divide the State into eight
educational districts. Of the appointive members of the Board,members
appointed by the Governor, one shall be appointed from each of the eight
educational districts and three two shall be appointed from the
State at large. Appointments made by the Governor shall be subject to
confirmation by the General Assembly in joint session.
Of the members of the Board elected by the General Assembly, two members shall be elected by simple resolution by the House of Representatives, and two members shall be elected by simple resolution by the Senate.
Appointments shall be for overlapping terms of eight six
years. Vacancies shall be filled by the appointing or electing authority
for the unexpired term. Appointments to fill vacancies shall be made
by the Governor for the unexpired terms and to fill vacancies shall
not be subject to confirmation.
(2) Superintendent of Public Instruction. The
Superintendent of Public Instruction shall be the secretary chair and
chief administrative officer of the State Board of Education."
SECTION 1.2.(a) 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. and four members appointed by
the General Assembly.
Appointments made by the Governor shall be subject to
confirmation by the General Assembly in joint session.Not No more
than two public school employees paid from State or local funds may serve as appointive
members of the State Board of Education. Education appointed by
the Governor. 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 a member of the State
Board of Education. Education appointed by the Governor. Of the appointive
members of the State Board of Education, Education appointed by
the Governor, one shall be appointed from each of the eight educational
districts and three two shall be appointed as members at large. Appointments
made by the Governor shall be for terms of eight six years
and shall be made in four classes.
Of the members of the Board elected by the General Assembly, two members shall be elected by simple resolution by the House of Representatives, and two members shall be elected by simple resolution by the Senate.
Appointments to fill vacancies shall be made by the Governor
appointing or electing authority for the unexpired terms and
shall not be subject to confirmation.terms. Appointments made by the
Governor to fill vacancies 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 1.2.(b) To achieve staggered terms, one of the initial appointments made by the House of Representatives shall be for a term of four years, and one of the initial appointments made by the Senate shall be for a term of four years.
SECTION 1.2.(c) To implement the reduction in the number of appointments made by the Governor, when the term of an at‑large member appointed by the Governor expires on March 31, 2015, that vacancy shall not be filled.
SECTION 1.2.(d) The terms of members appointed or elected on or after April 1, 2015, shall be for six years.
SECTION 1.3. G.S. 115C‑11(a) reads as rewritten:
"(a) Presiding Officer. – The Superintendent of
Public Instruction shall serve as chair of the State Board of Education. The
State Board of Education shall elect from its membership a chairman and vice‑chairman.
vice‑chair and a secretary. 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 chairman chair of the Board shall preside at all meetings of
the Board. In the absence of the chairman, chair, the vice‑chairman
vice‑chair shall preside; in the absence of both the chairman
chair and the vice‑chairman, vice‑chair, the
Board shall name one of its own members as chairman chair pro
tempore."
SECTION 1.4. 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
chair and chief administrative officer of the State Board of
Education. As secretary chair 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 1.5. G.S. 115C‑21 reads as rewritten:
"§ 115C‑21. Powers and duties generally.
(a) Administrative Duties. – 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 organize and establish a Department of Public Instruction which shall include such divisions and departments as the State Board considers necessary for supervision and administration of the public school system. All appointments of administrative and supervisory personnel to the staff of the Department of Public Instruction are subject to the approval of the State Board of Education, which may terminate these appointments for cause in conformity with Chapter 126 of the General Statutes, the State Personnel System.
(2) To keep the public informed as to the problems and needs of the public schools by constant contact with all school administrators and teachers, by personal appearance at public gatherings, and by information furnished to the press of the State.
(3) To report biennially to the Governor 30 days prior to each regular session of the General Assembly, such report to include information and statistics of the public schools, with recommendations for their improvement and for changes in the school law.
(4) To have printed and distributed such educational bulletins as are necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and to have printed all forms necessary and proper for the administration of the Department of Public Instruction.
(5) To manage all those matters relating to the supervision and administration of the public school system that the State Board delegates to the Superintendent of Public Instruction.
(6) To create a special fund within the Department of Public Instruction to manage funds received as grants from nongovernmental sources in support of public education. Effective July 1, 1995, this special fund is transferred to the State Board of Education and shall be administered by the State Board in accordance with G.S. 115C‑410.
(7) Repealed by Session Laws 1995, c. 72, s. 2.
(b) Duties as Secretary Chair 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 ensure
that the secretary keeps 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 furnishes to each member of the Board a copy of said
minutes.
(9) To perform such other duties as the Board may assign to him from time to time."
SECTION 1.6. G.S. 115C‑296.6 reads as rewritten:
"§ 115C‑296.6. Composition of board of trustees; terms; officers.
(a) The NCCAT Board of Trustees shall be composed of the following membership:
(1) Two ex officio members: the Chairman Chair
and the Vice‑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.
(b) Members of the NCCAT Board of Trustees shall serve four‑year terms. Members may serve two consecutive four‑year terms. The Board shall elect a new chair every two years from its membership. The chair may serve two consecutive two‑year terms as chair.
(c) The chief administrative officer of NCCAT shall be an executive director who shall be appointed by the NCCAT Board of Trustees."
SECTION 1.7. 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 Chair
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 1.8.(a) Chapter 115C of the General Statutes is amended by deleting the word "chairman" wherever it appears and substituting "chair."
SECTION 1.8.(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 1.8.(c) The Revisor of Statutes is authorized to make the substitutions enacted in this section.
SECTION 1.9. The amendments set out in Section 1.1 of this act shall be submitted to the qualified voters of the State at a statewide election to be conducted on November 4, 2014, 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 change the membership of the State Board of Education, to change the terms of members of the State Board of Education, and to make the Superintendent of Public Instruction a member of and chair of the State Board of Education."
SECTION 1.10. If a majority of votes cast on the question are in favor of the amendments set out in Section 1.1 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, 2015.
SECTION 1.11. Sections 1.2 through 1.8 of this act become effective only if the qualified voters approve the constitutional amendments set out in Section 1.1 of this act. If the voters approve the constitutional amendments, Sections 1.2 through 1.8 of this act become effective April 1, 2015.
part ii. constitutional amendment to AUTHORIZE THE gOVERNOR TO APPOINT THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
SECTION 2.1. Section 4(2) of Article IX of the North Carolina Constitution reads as rewritten:
"(2) Superintendent of Public Instruction. The Superintendent of Public Instruction shall be appointed by the Governor and shall be the secretary and chief administrative officer of the State Board of Education."
SECTION 2.2. Section 7(1) of Article III of the North Carolina Constitution reads as rewritten:
"(1) Officers. A Secretary of State, an Auditor, a
Treasurer, a Superintendent of Public Instruction, an Attorney General,
a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of
Insurance shall be elected by the qualified voters of the State in 1972 and
every four years thereafter, at the same time and places as members of the
General Assembly are elected. Their term of office shall be four years and
shall commence on the first day of January next after their election and
continue until their successors are elected and qualified."
SECTION 2.3. G.S. 115C‑18 reads as rewritten:
"§ 115C‑18.
ElectionAppointment of Superintendent of Public Instruction.
The Superintendent of Public Instruction shall be elected
by the qualified voters of the State in 1972 and every four years thereafter at
the same time and places as members of the General Assembly are elected. His
term of office shall be four years and shall commence on the first day of
January next after election and continue until his successor is elected and
qualified.appointed by the Governor. The Governor shall make an appointment
to fill any vacancy in the office of the Superintendent of Public Instruction.If
the office of the Superintendent of Public Instruction is vacated by death,
resignation, or otherwise, it shall be the duty of the Governor to appoint
another to serve until his successor is elected and qualified. Every such
vacancy shall be filled by election at the first election for members of the
General Assembly that occurs more than 30 days after the vacancy has taken
place, and the person chosen shall hold the office for the remainder of the
unexpired term fixed in Article III, Sec. 7 of the Constitution of North
Carolina. When a vacancy occurs in the office and the term expires on the first
day of January succeeding the next election for members of the General
Assembly, the Governor shall appoint to fill the vacancy for the unexpired term
of the office. Upon the occurrence of a vacancy in the office for any of the
causes stated herein, the Governor may appoint an interim officer to perform
the duties of that office until a person is appointed or elected pursuant to
Article III, Sec. 7 of the Constitution of North Carolina to fill the vacancy
and is qualified.
The time of the election of the Superintendent of Public
Instruction shall be in accordance with the provisions of Article 1 of
Subchapter I of Chapter 163 of the General Statutes.
The election, term and induction into office of the
Superintendent of Public Instruction shall be in accordance with the provisions
of G.S. 147‑4."
SECTION 2.4. 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 7Section 4(2) of Article IX 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 2.5. G.S. 147‑4 reads as rewritten:
"§ 147‑4. Executive officers – election; term; induction into office.
The executive department shall consist of a Governor, a
Lieutenant Governor, a Secretary of State, an Auditor, a Treasurer, a
Superintendent of Public Instruction, an Attorney General, a Commissioner
of Agriculture, a Commissioner of Insurance, and a Commissioner of Labor, who
shall be elected for a term of four years, by the qualified electors of the
State, at the same time and places, and in the same manner, as members of the
General Assembly are elected. Their term of office shall commence on the first
day of January next after their election and continue until their successors
are elected and qualified. The persons having the highest number of votes,
respectively, shall be declared duly elected, but if two or more be equal and
highest in votes for the same office, then one of them shall be chosen by joint
ballot of both houses of the General Assembly. Contested elections shall be
determined by a joint ballot of both houses of the General Assembly in such
manner as shall be prescribed by law."
SECTION 2.6. G.S. 147‑11.1 reads as rewritten:
"§ 147‑11.1. Succession to office of Governor; Acting Governor.
…
(b) President of Senate, Speaker of the House and Other Officers. –
(1) If, by reason of failure to qualify, death,
resignation, or removal from office, there is neither a Governor nor a
Lieutenant Governor to discharge the powers and duties of the office of
Governor, then the President of the Senate shall, upon his resignation
as President of the Senate and as Senator, become Governor.
(2) If, at the time when under subdivision (1) of this
subsection the President of the Senate is to become Governor, there is no
President of the Senate, or the President of the Senate fails to qualify as
Governor, then the Speaker of the House of Representatives shall, upon his
resignation as Speaker and as Representative, become Governor.
(3) If, at the time when under subdivision (2) of this
subsection the Speaker of the House of Representatives is to become Governor,
there is no Speaker of the House of Representatives, or the Speaker of the
House of Representatives fails to qualify as Governor, then that officer of the
State of North Carolina who is highest on the following list, and who is not
under disability to serve as Governor, shall, upon his resignation of
the office which places him the officer in the order of
succession, become Governor: Secretary of State, Auditor, Treasurer, Superintendent
of Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance.
(c) Acting Governor Generally. –
(1) If, by reason of absence from the State or physical or mental incapacity, there is neither a Governor nor a Lieutenant Governor qualified to discharge the powers and duties of the office of Governor, then the President of the Senate shall become Acting Governor.
(2) If, at the time when under subdivision (1) of this subsection the President of the Senate is to become Acting Governor, there is no President of the Senate, or the President of the Senate fails to qualify as Acting Governor, then the Speaker of the House of Representatives shall become Acting Governor.
(3) If, at the time when under subdivision (2) of this
subsection the Speaker of the House of Representatives is to become Acting
Governor, there is no Speaker of the House of Representatives, or the Speaker
of the House of Representatives fails to qualify as Acting Governor, then that
officer of the State of North Carolina who is highest on the following list,
and who is not under disability to serve as Acting Governor, shall become
Acting Governor: Secretary of State, Auditor, Treasurer, Superintendent of
Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance.
…."
SECTION 2.7. G.S. 163‑1(d) reads as rewritten:
"(d) If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.
OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE
Governor State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Lieutenant State Tuesday next after Four years, from
Governor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Secretary of State Tuesday next after Four years, from
State the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Auditor State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Treasurer State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Superinten‑ State Tuesday
next after Four years, from
dent of the
first Monday first day of
Public in
November 1968 January next
Instruction and
every four after election
years
thereafter
…."
SECTION 2.8. G.S. 163‑8 reads as rewritten:
"§ 163‑8. Filling vacancies in State executive offices.
If the office of Governor or Lieutenant Governor shall become
vacant, the provisions of G.S. 147‑11.1 shall apply. If the office
of any of the following officers shall be vacated by death, resignation, or
otherwise than by expiration of term, it shall be the duty of the Governor to
appoint another to serve until histhat officer's successor is
elected and qualified: Secretary of State, Auditor, Treasurer, Superintendent
of Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall
be filled by election at the first election for members of the General Assembly
that occurs more than 60 days after the vacancy has taken place, and the person
chosen shall hold the office for the remainder of the unexpired four‑year
term: Provided, that when a vacancy occurs in any of the offices named in this
section and the term expires on the first day of January succeeding the next
election for members of the General Assembly, the Governor shall appoint to
fill the vacancy for the unexpired term of the office.
Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified."
SECTION 2.9. G.S. 163‑278.27(b)(2) reads as rewritten:
"(2) In the case of a candidate for nomination or
election to the office of Governor, Lieutenant Governor, Secretary of State,
State Auditor, State Treasurer, State Superintendent of Public Instruction, State
Attorney General, State Commissioner of Agriculture, State Commissioner of
Labor, State Commissioner of Insurance, and all other State elective offices,
Justice of the Supreme Court, Judge of the Court of Appeals, judge of a
superior court, judge of a district court, and district attorney of the
superior court: report to the district attorney of the prosecutorial district
in which Wake County is located;".
SECTION 2.10. G.S. 163‑278.95 reads as rewritten:
"§ 163‑278.95. Purpose and establishment of Voter‑Owned Elections Act.
The purpose of this Article is to ensure the vitality and
fairness of democratic elections in North Carolina to the end that any eligible
citizen of this State can realistically choose to seek and run for public
office. It is also the purpose of this Article to protect the constitutional
rights of voters and candidates from the detrimental effects of increasingly
large amounts of money being raised and spent in North Carolina to influence
the outcome of elections. It is essential to the public interest that the
potential for corruption or the appearance of corruption is minimized and that
the equal and meaningful participation of all citizens in the democratic
process is ensured. Accordingly, this Article establishes the North Carolina
Voter‑Owned Elections Fund as an alternative source of campaign financing
for candidates who obtain a sufficient number of qualifying contributions from
registered voters and who voluntarily accept strict fund‑raising and
spending limits. This Article is available to candidates for the Council of
State offices of Auditor, Superintendent of Public Instruction,Auditor
and Commissioner of Insurance in elections to be held in 2008 and thereafter."
SECTION 2.11. G.S. 163‑278.96(12) reads as rewritten:
"(12) Office. – The Council of State offices of Auditor,
Superintendent of Public Instruction, Auditor and Commissioner of
Insurance."
SECTION 2.12. The amendments set out in Sections 2.1 and 2.2 of this act shall be submitted to the qualified voters of the State at a statewide election to be conducted on November 4, 2014, 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 position appointed by the Governor."
SECTION 2.13. If a majority of votes cast on the question are in favor of the amendments set out in Sections 2.1 and 2.2 of this act, the State Board of Elections shall certify the amendments 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 Sections 1 and 2 of this act shall become effective January 1, 2017, except that there shall be no election held to fill the office of Superintendent of Public Instruction for a term beginning on or after December 31, 2016.
SECTION 2.14. Sections 2.3 through 2.11 of this act become effective only if the qualified voters approve the constitutional amendments set out in Sections 2.1 and 2.2 of this act. If the voters approve the constitutional amendments, Sections 2.3 through 2.11 of this act become effective January 1, 2017. The remainder of this act is effective when the act becomes law.
part iii. effective date
SECTION 3. Except as otherwise provided, this act is effective when it becomes law.