Bill Summary for H 521 (2013-2014)

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Summary date: 

Apr 3 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 521 (Public) Filed Tuesday, April 2, 2013
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.
Intro. by Holloway, Blackwell, Malone, Elmore.

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Bill summary

Subject to approval by voters at an election held on November 4, 2014, amends Section 4 of Article IX of the State Constitution to provide that the State Board of Education (Board) consists of the Superintendent of Public Instruction, the Lieutenant Governor, the Treasure, and 10 members appointed by the Governor, and four members appointed by the General Assembly. Requires that two of the Governor's appointees be appointed from the state at large and makes all of the Governor's appointees subject to confirmation by the General Assembly. Of the members elected by the General Assembly two are to be elected by simple House Resolution and two by simple Senate Resolution. Appointments are for six (was, eight) years and vacancies are to be filled by the appointing or electing authority. Makes the Superintendent of Public Instruction the chair (was, secretary) of the Board. Makes conforming changes to GS 115C-10. Provides for term lengths in order to achieve staggered terms as well as for not filling vacancies to implement the reduction in the number of the Governor's appointments. Provides that terms of members appointed or elected on or after April 1, 2015, are for six years. Makes conforming changes to GS 115C-11, GS 115C-19, GS 115C-21, GS 115C-296.6, GS 143A-44.3, and directs that the word chairman be replaced with chair throughout GS Chapter 115C. Directs additional conforming and gender neutral changes. If approved, the constitutional amendment becomes effective April 1, 2015. The statutory changes become effective only if the constitutional amendment is approved. If the amendment is approved, the statutory changes become effective April 1, 2015.

Subject to approval by voters at an election held on November 4, 2014, amends Section 4(2) of Article IX of the State Constitution to require that the Superintendent of Public Instruction be appointed by the Governor. Also amends Section 7(1) of Article III of the State Constitution to make a conforming change, removing the Superintendent of Public Instruction from those elected by the voters. Makes conforming changes to GS 115C-18, GS 143A-44.3, GS 147-4, GS 147-11.1, GS 163-1, GS 163-8, GS 163-278.27, GS 163-278.95, and GS 163-278.96. Also amends those statutes to make the language gender neutral. If approved, the constitutional amendments become effective January 1, 2017, except that there will be no election to fill the office of Superintendent of Public Instruction for a term beginning on or after December 31, 2016. The statutory changes become effective only if the constitutional amendments are approved. If the amendment is approved, the statutory changes become effective January 1, 2017.