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View NCGA Bill Details2023-2024 Session
Senate Bill 195 (Public) Filed Thursday, March 2, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE LAWS CONCERNING THE UNIVERSITY OF NORTH CAROLINA.
Intro. by Galey, Barnes, Proctor.
Status: Passed 3rd Reading (House action) (Jun 7 2023)

SOG comments (1):

Identical bill

Submitted by jhenders@sog.unc.edu on

Substantively identical to H 317, filed 3/8/23.

Bill History:

S 195

Bill Summaries:

  • Bill S 195 (2023-2024)
    Summary date: Jun 7 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Makes organizational changes to the existing Parts.

    Part V (former Part III)

    Amends GS 126-5(c1)(8) (pertaining to certain professional staff exempt from SHRA) to exempt from GS Chapter 126 UNC employees who are exempt from the minimum wage and overtime compensation of the Fair Labor Standards, which include categories of individuals already listed as well as dentists, pilots, and faculty of the NC School of Science and Mathematics. Makes additional organizational changes. 

    Adds the following content to the bill.

    Part II

    Amends GS 116-209.61 by staggering the membership terms for members of the North Carolina Teaching Fellows Commission, with members appointed by the UNC Board of Governors to be appointed in even numbered years and members appointed by the NCGA appointed in odd-numbered years. Specifies that appointments begin July 1 and expire June 30; makes conforming changes.

    Part III

    Amends GS 116-209.90 by amending the requirements to be met for a high school graduate from the NC School of Science and Mathematics or UNC School of the Arts to receive a tuition grant, by amending the requirement that the student enroll as a full-time student in a UNC constituent institution in the next academic year after graduation, to give the State Education Assistance Authority discretion to postpone this requirement for up to one academic year after graduation if the student can demonstrate that any of the following have disrupted or interrupted their ability to enroll as a full-time student: (1) military service obligation, (2) serious medical debilitation, (3) short or long-term disability, or (4) other extraordinary hardship. Makes additional technical changes. Effective May 1, 2022.

    Part IV

    Amends GS 116-300 to require that the policy adopted by the UNC Board of Governor on free expression state that: (1) constituent institutions must remain neutral, as an institution, on the political controversies of the day; and (2) the constituent institution must not (was, may not take any action, as an institution, on the public policy controversies of the day in a way that requires) require students, faculty, or administrators to publicly express a given view on social policy.

    Government, State Agencies, UNC System, State Government, State Personnel
    GS 116, GS 126, GS 153A
  • Bill S 195 (2023-2024)
    Summary date: Mar 2 2023 - View Summary

    Part I

    Amends GS 126-5(c1)(9a) to add employees of North Carolina Agricultural and Technical State University (NCATSU) employed in county operations to the list of employees exempt from the State Human Resources Act (SHRA). Makes conforming change to GS 153A-439(b) (pertaining to personnel rules for certain employees exempt from the SHRA) to add reference to policies adopted by NCATSU.

    Part II

    Makes technical changes to GS 116-41.13 (pertaining to distinguished professors endowment trust fund). Expands the scope of special needs institutions included in GS 116-41.13A, applicable to the Distinguished Professors Endowment Fund, by adding the North Carolina School of Science and Mathematics to the list of covered institutions. 

    Part III

    Expands the scope of GS 126-5(c1)(8) (pertaining to certain professional staff exempt from SHRA) to add pilots and all other employees of UNC (list already includes instructional and research staff, finance professionals, business office professionals, auditor professionals, information technology professionals, physicians, and dentists) who are exempt from the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA) to the exemption. Authorizes the Board of Governors to establish positions under the exemption without further review or approval by any other State agency. Effective July 1, 2023.

    Amends GS 126-1.1 to provide UNC employees exempt from FLSA’s minimum wage and overtime requirements who attained career status before July 1, 2023, the option of either (1) continuing employment with career State employee status if the employee remains in the position the employee occupied on June 30, 2023, or (2) waiving career State employee status and continuing employment as an exempt employee under the SHRA. Requires the University to provide each affected employee with a written explanation of the impact of an election to waive career State employee status. Specifies acknowledgement requirements for employee’s election to waive State career employee status. Makes technical changes. 

    Government, State Agencies, UNC System, State Government, State Personnel
    GS 116, GS 126, GS 153A
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