A BILL TO BE ENTITLED
AN ACT TO MODIFY THE ELECTION AND TERMS OF THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA BY INCREASING THE TERM LENGTH OF A MEMBER FROM FOUR YEARS TO SIX YEARS.
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)	The Board of Governors shall consist of 32 members, 16 of whom are elected by the Senate and 16 of whom are elected by the House of Representatives as provided in this section and according to the following schedule:(1)	The Senate and the House of Representatives shall each elect six members to terms that begin on 1 July of years that precede by three years those years that are evenly divisible by six.
(2)	The Senate and the House of Representatives shall each elect five members to terms that begin on 1 July of years that precede by one year those years that are evenly divisible by six.
(3)	The Senate and the House of Representatives shall each elect five members to terms that begin on 1 July of years that follow by one year those years that are evenly divisible by six.
(b)	Repealed by Session Laws 2001‑503, s. 1.
(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. Each house shall hold their elections within 30 legislative days after appointments to their education committees are complete. In electing members to the Board of Governors, the Senate and the House of Representatives shall consider whether the Board of Governors appropriately reflects the genders, diversity, and geographical areas of the State.
(d)	All terms shall commence on July 1 of odd‑numbered years and all members shall serve for staggered six‑year terms.
(e)	No person may be elected to:
(1)	More than two full six‑year terms in succession;
(2)	A six‑year term if preceded immediately by election to three consecutive four‑year terms; or
(3)	Any combination of consecutive terms that totals more than 14 years.(e1)	Resignation from a term of office does not constitute a break in service for the purpose of this subsection. Service on the Board prior to 1 July 2007 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. Members emeriti have all the rights and privileges of membership except they do not have a vote.
(g)	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(f)."
SECTION 2.  G.S. 116‑5 is repealed.
SECTION 3.  G.S. 116‑7 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, gender, and ethnic diversity.
(b)	No member of the General Assembly or officer or employee of the State or of any constituent institution or spouse of any such member, officer or employee may be a member of the Board of Governors. Any member of the Board of Governors who is elected or appointed to the General Assembly or who becomes an officer or employee of the State or of any constituent institution or whose spouse is elected or appointed to the General Assembly or becomes such officer or employee shall be deemed thereupon to resign from his membership on the Board of Governors.
(c)	Whenever any vacancy shall occur in the elected membership of the Board of Governors, it shall be the duty of the Board to inform the Speaker of the House of Representatives and the President of the Senate of the vacancy. The chamber that originally elected the vacating member shall elect a person to fill the vacancy. A vacancy shall be filled for the unexpired balance of the term. The vacancy shall remain unfilled until the appropriate chamber of the General Assembly elects a person to fill the vacancy.
(d)	The vacancy shall be filled not later than the adjournment sine die of the next regular session of the General Assembly. The election shall be for the remainder of the unexpired term. Whenever a member shall fail, for any reason other than ill health or service in the interest of the State or nation, to be present for four successive regular meetings of the Board, his place as a member shall be deemed vacant."
SECTION 4.  In order to provide for an orderly transition in membership of the Board of Governors of The University of North Carolina to the six‑year terms specified in G.S. 116‑6(d) and notwithstanding G.S. 116‑6(a), as amended by Section 1 of this act, the following provisions shall apply:
(1)	The 16 members of the Board of Governors who were elected to four‑year terms that began 1 July 2003 shall serve until 1 July 2007.
(2)	The 16 members of the Board of Governors who were elected to four‑year terms that began 1 July 2005 shall serve until 1 July 2009.
(3)	In addition to the six members of the Board of Governors who are to be elected by the Senate during the 2007 Regular Session to six‑year terms that begin 1 July 2007, the Senate shall elect two members to four‑year terms that begin 1 July 2007.
(4)	In addition to the six members of the Board of Governors who are to be elected by the House of Representatives during the 2007 Regular Session to six‑year terms that begin 1 July 2007, the House shall elect two members to four‑year terms that begin 1 July 2007.
(5)	In addition to the five members of the Board of Governors who are to be elected by the Senate during the 2009 Regular Session to six‑year terms that begin 1 July 2009, the Senate shall elect three members to two‑year terms that begin 1 July 2009.
(6)	In addition to the five members of the Board of Governors who are to be elected by the House of Representatives during the 2009 Regular Session to six‑year terms that begin 1 July 2009, the House shall elect three members to two‑year terms that begin 1 July 2009.
SECTION 5.  This act is effective when it becomes law and, except as provided in Section 4 of this act, applies to elections of members of the Board of Governors to terms that begin 1 July 2007 and thereafter.