Bill Summary for H 133 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Feb 16 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 133 (Public) Filed Thursday, February 16, 2017
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROVIDE FOR THE ELECTION OF THE STATE BOARD OF EDUCATION.
Intro. by Elmore, Conrad, Bert Jones.

View: All Summaries for BillTracking:

Bill summary

Section 1

Subject to voter approval at a statewide election held on the date of the first primary in 2018, amends Section 4 of Article IX of the Constitution to: (1) elect the majority of the membership of the State Board of Education from the same districts used for Congressional elections, (2) make the Superintendent of Public Instruction a voting member of the State Board of Education, (3) eliminate the State Treasurer as a member of the State Board of Education, (4) require the Governor to appoint the chair of the State Board of Education and provide that the chair votes only in the event of a tie, (5) eliminate the requirement that the General Assembly confirm appointments to the State Board of Education by the Governor, and (6) reduce the term of office for elected and appointed members to four years. Provides that: the amendment, as set out in Section 1.1 of this act, becomes effective January 1, 2021; elected members of the State Board of Education are to be elected from Congressional districts at the general election held in 2020; and the terms of all appointed members of the State Board of Education serving on March 31, 2021, expire on that date.

Section 2

Subject to voter approval of the Constitutional amendment in Section 1 of this act, makes conforming changes to GS 115C-10, concerning the composition and election of the State Board of Education (Board). Adds further provisions for the election of Board members. Establishes that members elected from odd-numbered Congressional districts are to be elected in 2020 and every four years thereafter for a four-year term beginning on April 1 of the following year. Establishes that members elected from even-numbered Congressional districts are to be elected in 2020 for a two-year term beginning April 1 of the following year, and are to be elected in 2022 and every four years thereafter for a four-year term beginning on April 1 of the following year. Provides for vacancies to be filled as provided in GS Chapter 163. Makes conforming changes to GS 115C-11(a), concerning the organization of the Board. Effective April 1, 2021, and applies to elections conducted on or after that date.

Section 3

Subject to voter approval of the Constitutional amendment in Section 1 of this act, makes conforming changes to GS 163-1 to set the election for Board members to occur at the regular election for members of the General Assembly immediately preceding the termination of each regular term, with terms of office being four years from the first day of April next after election.

Provides that members elected in 2020 from even-numbered Congressional districts are to serve for a two-year term beginning April 1 of the following year.

Enacts GS 163-14 to provide for filling vacancies in the State Board of Education. Establishes that when a vacancy occurs by death, resignation, or otherwise than by expiration of term, the Governor is to immediately appoint the person recommended by the political party executive committee provided by this statute to serve until the vacating member's successor is elected and qualified. Requires each vacancy to 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 is to serve for the remainder of the unexpired four-year term; but if the term expires on the first day of April succeeding the next election for members of the General Assembly, the Governor is to appoint to fill the vacancy for the unexpired term of office. Directs the Governor to make the appointment within seven days of receiving the recommendation of the committee. Provides that if the Governor fails to make the appointment within the required period, the Governor is presumed to have made the appointment, and directs the Board to seat the appointee as a member in good standing. Sets forth provisions for Congressional political party executive committees to recommend person to fill the vacancy. Clarifies that the Congressional district committee of the political party in which the vacating member was affiliated when elected recommends the person to fill the vacancy on the Board to the Governor. Provides that no person is eligible for appointment to fill a vacancy on the Board under this statute unless that person would have been qualified to vote as an elector for that office if an election were to be held on the date of appointment, as required by Section 8 of Article VI of the Constitution.

Makes conforming changes to GS 163-106(c) to add members of the State Board of Education to the requirements for filing notice of candidacy.

Amends GS 163-107(a) to set the filing fee for members of the Board at 1% of the prior year average annual per diem of the office sought. Makes language gender neutral.

Amends GS 103-107.1(c) to allow petitions for candidates for member of the State Board of Education to be filed, as specified, in lieu of paying the filing fee.

Adds candidates for member of the State Board of Education to those who can request a second primary in accordance with GS 163-111(c)(1). Makes technical changes. 

Amends GS 163-114 to provide for the filling of vacancies for party nominees for members of the State Board of Education occurring after nomination and before election.

Effective January 1, 2020, and applies to elections conducted on or after that date.