GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

 

SESSION LAW 2018-12

SENATE BILL 462

 

 

AN ACT to change The name of the University of North Carolina General Administration to the University of North Carolina System Office.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 116‑17.3 reads as rewritten:

"§ 116‑17.3.  Board of Governors monitors certain human resources actions.

(a)        The Board of Governors of The University of North Carolina shall monitor nonlegislative annual employee salary increases in the amount of five percent (5%) or more granted at constituent institutions or within the General Administration The University of North Carolina System Office (i) to employees having annual salaries of one hundred thousand dollars ($100,000) or greater or (ii) that would result in an annual employee salary of one hundred thousand dollars ($100,000) or greater. No such salary increase shall become effective unless or until it is reported to the Board by a consultation that includes the justification for the increase or otherwise complies with consultation requirements adopted by the Board.

(b)        The Board of Governors of The University of North Carolina shall monitor new personnel positions created at constituent institutions or within the General Administration The University of North Carolina System Office having annual salaries of seventy thousand dollars ($70,000) or greater. No such new position may be filled unless or until its creation is reported to the Board by a consultation that includes the justification for the new position or otherwise complies with consultation requirements adopted by the Board."

SECTION 2.  G.S. 116‑30.3(a) reads as rewritten:

"(a)      Of the General Fund current operations appropriations credit balance remaining at the end of each fiscal year in each of the budget codes listed in this subsection, any amount of the General Fund appropriation for that budget code for that fiscal year (i) may be carried forward to the next fiscal year in that budget code, (ii) is appropriated in that budget code, and (iii) may be used for any of the purposes set out in subsection (f) of this section. However, the amount carried forward in each budget code under this subsection shall not exceed two and one‑half percent (2.5%) of the General Fund appropriation in that budget code. The Director of the Budget, under the authority set forth in G.S. 143C‑6‑2, shall establish the General Fund current operations credit balance remaining in each budget code.

The budget codes that may carry forward a General Fund current operations appropriations credit balance remaining at the end of each fiscal year pursuant to this section are the budget codes for each of the following:

(1)        Each special responsibility constituent institution.

(2)        The Area Health Education Centers of the University of North Carolina at Chapel Hill.

(3)        General Administration University of North Carolina System Office Budget Code 16010."

SECTION 3.  G.S. 116‑30.7 reads as rewritten:

"§ 116‑30.7.  Biennial projection of enrollment growth for The University of North Carolina.

By December 15 of each even‑numbered year, the General Administration System Office of The University of North Carolina shall provide to the Joint Education Legislative Oversight Committee and to the Office of State Budget and Management a projection of the total student enrollment in The University of North Carolina that is anticipated for the next biennium. The enrollment projection shall be divided into the following categories and shall include the projected growth for each year of the biennium in each category at each of the constituent institutions: undergraduate students, graduate students (students earning master's and doctoral degrees), first professional students, and any other categories deemed appropriate by General Administration.The University of North Carolina System Office. The projection shall also distinguish between on‑campus and distance education students. The projections shall be considered by the Director of the Budget when determining the amount the Director proposes to appropriate to The University of North Carolina in the Recommended State Budget submitted pursuant to G.S. 143C‑3‑5(b)."

SECTION 4.  G.S. 116‑31.12 reads as rewritten:

"§ 116‑31.12.  Acquisition and disposition of real property by lease.

Notwithstanding G.S. 143‑341(4), and in addition to the powers granted in G.S. 116‑198.34(5), the Board of Governors may authorize the constituent institutions and the General Administration The University of North Carolina System Office to acquire or dispose of real property by lease if the lease is for a term of not more than 10 years. The Board of Governors shall establish a policy for acquiring and disposing of an interest in real property for the use of The University of North Carolina and its constituent institutions by lease. This policy may delegate authorization of the acquisition or disposition of real property by lease to the boards of trustees of the constituent institutions or to the President of The University of North Carolina. The Board of Governors shall submit all initial policies adopted pursuant to this section to the State Property Office for review prior to adoption by the Board. Any subsequent changes to these policies adopted by the Board of Governors shall be submitted to the State Property Office for review. Any comments by the State Property Office shall be submitted to the President of The University of North Carolina. After the acquisition or disposition of an interest in real property by lease, The University of North Carolina shall promptly file a report concerning the acquisition or disposition to the Secretary of Administration. Acquisitions and dispositions of an interest in real property by lease pursuant to this section shall not be subject to the provisions of Article 36 of Chapter 143 of the General Statutes or to the provisions of Article 6 or 7 of Chapter 146 of the General Statutes."

SECTION 5.  G.S. 116‑40.22(e) reads as rewritten:

"(e)      Electronic Commerce. – The University is authorized to contract with service providers specializing in services offered to institutions of higher learning that offer systems or services under arrangements that provide for the receipt of funds electronically, provided the services are in compliance with the requirements of the payment industry security standards. For any funds collected and remitted to the University that are on deposit with the State Treasurer pursuant to G.S. 147‑77, the funds shall be subject to the daily deposit requirements of the statute; provided that the State Treasurer may exempt the applicability of the daily deposit requirement for any standard business process resulting in a delay in the University receiving the funds from a service provider, when the exemption is based upon an acceptable business case that demonstrates an overall efficiency to the University and State. Such business case must first be endorsed by theThe University of North Carolina General Administration System Office before submission to the State Treasurer for consideration."

SECTION 6.  G.S. 116‑41.31 reads as rewritten:

"§ 116‑41.31.  Oversight of Future Teachers of North Carolina.

(a)        FTNC General Administration. – FTNC shall be administratively located in The University of North Carolina General Administration.System Office. The President shall select three constituent institutions with highly successful schools of education located in the western, central, and eastern regions of the State, respectively, to collaborate on development of curricula for FTNC and to provide professional development to high school teachers who will teach FTNC courses. The three constituent institutions shall also work with other constituent institutions and other institutions of higher education in the State to seek input in the development of curricula and professional development for FTNC and to create a network of college faculty to provide support to high schools offering FTNC courses.

(b)        FTNC Site Applications. – All high schools in the State are encouraged to offer FTNC courses to students. A high school shall apply to offer FTNC courses with the geographically appropriate constituent institution overseeing FTNC and shall ensure that all teachers teaching FTNC courses have received appropriate training. High schools shall also seek a partner institution of higher education to provide support from college faculty. High schools participating in the FTNC program shall report demographic, survey, and other available outcome data to The University of North Carolina General Administration System Office as necessary for completion of the FTNC annual report required by G.S. 116‑41.32.

(c)        FTNC Institution of Higher Education Partners. – Constituent institutions that partner with high schools shall offer dual credit for high school students who successfully complete the FTNC course with a grade of "B" or higher. Other institutions of higher education that partner with high schools are encouraged to offer dual credit for high school students who successfully complete the FTNC course with a grade of "B" or higher. Constituent institutions shall provide annually to The University of North Carolina General AdministrationSystem Office data on students who have received dual credit for completion of an FTNC course and students who applied for admission into an educator preparation program at a constituent institution who indicated in the application for admission that the student completed an FTNC course. Other institutions of higher education are encouraged to provide annually to The University of North Carolina General AdministrationSystem Office data on students who have received dual credit for completion of an FTNC course and students who applied for admission into an educator preparation program at the institution of higher education who indicated in the application for admission that the student completed an FTNC course."

SECTION 7.  G.S. 116‑41.32 reads as rewritten:

"§ 116‑41.32.  Future Teachers of North Carolina reporting.

The University of North Carolina General Administration System Office shall report annually, beginning October 15, 2019, on the following:

(1)        Total number and names of local school administrative units with high schools participating in FTNC, total number and names of high schools offering FTNC, partner institution of higher education for each high school, and number of sections of the course being offered at each high school.

(2)        Demographic information of students enrolled in FTNC courses.

(3)        Percentage of students who, after completing the course, reported the following:

a.         The student plans to choose teaching as a profession.

b.         The course was very or somewhat effective in helping the student formulate a positive perception of the education profession.

c.         The coursework and activities increased the student's knowledge of the teaching profession and other careers in education.

d.         The field experience helped the student understand the many factors that contribute to effective teaching.

(4)        Percentage of students who completed an FTNC course who received dual credit for successful completion of the course, by institution.

(5)        Percentage of students who completed an FTNC course who applied for admission into an educator preparation program, by institution.

(6)        Number of teachers provided professional development for FTNC."

SECTION 8.  G.S. 116‑189 reads as rewritten:

"§ 116‑189.  Definitions.

As used in this Article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(4)        The word "institution" shall mean each of the institutions enumerated in G.S. 116‑2, the University of North Carolina Health Care System, and theThe University of North Carolina General Administration.System Office.

…."

SECTION 9.  G.S. 116‑209.62 reads as rewritten:

"§ 116‑209.62.  North Carolina Teaching Fellows Program established; administration.

(a)        Program. – There is established the North Carolina Teaching Fellows Program to be administered by the General Administration System Office of The University of North Carolina, in conjunction with the Authority and the Commission. The purpose of the Program is to recruit, prepare, and support students residing in or attending institutions of higher education located in North Carolina for preparation as highly effective STEM or special education teachers in the State's public schools. The Program shall be used to provide a forgivable loan to individuals interested in preparing to teach in the public schools of the State in STEM or special education licensure areas.

(b)        Trust Fund. – There is established the North Carolina Teaching Fellows Program Trust Fund to be administered by the Authority, in conjunction with the General AdministrationSystem Office of The University of North Carolina. All funds (i) appropriated to, or otherwise received by, the Program for forgivable loans, (ii) received as repayment of forgivable loans, and (iii) earned as interest on these funds shall be placed in the Trust Fund. The purpose of the Trust Fund is to provide financial assistance to qualified students for completion of teacher education and licensure programs to fill STEM or special education licensure areas in the public schools of the State.

…."

SECTION 10.  G.S. 116‑244 reads as rewritten:

"§ 116‑244.  Duties of board of directors.

The Board of Directors of the Arboretum has the following duties and responsibilities:

(5)        Recommendations to the General Administration The University of North Carolina System Office of candidates for Executive Director of the Arboretum;

(6)        Recommendations to the General Administration The University of North Carolina System Office for necessary termination of the Executive Director or other personnel of the Arboretum;

(9)        Approval of annual expenditures and budget requests to be submitted to The University of North Carolina General Administration.System Office.

…."

SECTION 11.  G.S. 116‑291(c) reads as rewritten:

"(c)      Administration of Fund. – The University of North Carolina General AdministrationSystem Office shall administer the Cheatham‑White Scholarships Fund and the Cheatham‑White Scholarships program."

SECTION 12.  G.S. 116‑294 reads as rewritten:

"§ 116‑294.  Cheatham‑White Scholarships; administration of scholarships.

The University of North Carolina General AdministrationSystem Office shall administer the Cheatham‑White Scholarships, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, pursuant to policies adopted by the Board of Trustees of both constituent institutions. As part of its administrative responsibilities, The University of North Carolina General Administration,System Office, in consultation and collaboration with North Carolina Agricultural and Technical State University and North Carolina Central University, shall do all of the following:

…."

SECTION 13.  G.S. 116D‑56(b) reads as rewritten:

"(b)      Board of Governors Reporting Required. – The Board shall report its findings and recommendations to the Office of State Budget and Management, the Joint Legislative Commission on Governmental Operations, the State Treasurer, and The University of North Carolina General AdministrationSystem Office by April 1 of each year. The report shall be accompanied by each of the reports provided to the Board pursuant to subsection (c) of this section."

SECTION 14.  G.S. 127B‑20 reads as rewritten:

"§ 127B‑20.  Collaboration on research to address health and other problems required; report by UNC General Administration.

(a)        The General Administration System Office of The University of North Carolina, in collaboration with Operation Re‑Entry North Carolina at East Carolina University, North Carolina Translational and Clinical Sciences Institute, other institutions of higher education in this State, the North Carolina National Guard, and the United States Department of Veterans Affairs, shall, to the extent available resources allow, collaborate on research to address the behavioral health problems and challenges facing military personnel, veterans, and their families.

(d)       On July 1, 2012, and annually thereafter, the General AdministrationSystem Office of The University of North Carolina shall report its findings to the Joint Legislative Health Care Oversight Committee and to the House of Representatives and Senate Appropriations Subcommittees on Health and Human Services."

SECTION 15.  G.S. 143‑48.3(a) reads as rewritten:

"(a)      The Department of Administration shall develop and maintain electronic or digital standards for procurement. The Department of Administration shall consult with the Office of the State Controller, the Department of Information Technology, the Department of State Auditor, the Department of State Treasurer, The University of North Carolina General Administration,System Office, the Community Colleges System Office, and the Department of Public Instruction."

SECTION 16.  G.S. 143‑49(8) reads as rewritten:

"(8)      To establish and maintain a procurement card program for use by State agencies, community colleges, and nonexempted constituent institutions of The University of North Carolina. The Secretary of Administration may adopt temporary rules for the implementation and operation of the program in accordance with the payment policies of the State Controller, after consultation with the Department of Information Technology. These rules would include the establishment of appropriate order limits that leverage the cost savings and efficiencies of the procurement card program in conjunction with the fullest possible use of the North Carolina E‑Procurement Service. Prior to implementing the program, the Secretary shall consult with the State Controller, the UNC General Administration,System Office, the Community Colleges System Office, the State Auditor, the Department of Public Instruction, a representative chosen by the local school administrative units, and the Department of Information Technology. The Secretary may periodically adjust the order limit authorized in this section after consulting with the State Controller, the UNC General Administration,System Office the Community Colleges System Office, the Department of Public Instruction, and the Department of Information Technology."

SECTION 17.  G.S. 143‑64.17M(a) reads as rewritten:

"(a)      Energy Savings Analysis Required Prior to Implementation. – Prior to implementing an energy conservation measure pursuant to G.S. 143‑64.17L, an energy savings analysis shall be performed to validate the economic assumptions that purportedly support the implementation of the measure. This analysis shall be performed by a third party selected by the constituent institution and shall include an energy consumption analysis to develop a baseline of previous costs of all utilities' energy consumption for the institution on the assumption that the energy conservation measure was not undertaken. The completed analysis shall be submitted to The University of North Carolina General AdministrationSystem Office and to the State Energy Office."

SECTION 18.  G.S. 143‑170.2(a) reads as rewritten:

"(a)      The State Librarian in consultation with the State Auditor shall administer and periodically revise guidelines to be used by all State agencies and community colleges in developing publication procedures manuals for public documents. The initial guidelines developed by the Department of Administration shall be released no later than December 1, 1989 and shall address at least the following elements of publication production for public documents:

(1)        Bibliographic style, substantially in accord with a recognized style manual approved by the State Librarian; provided, however, the Department shall not develop guidelines concerning the design, layout, size or appearance of publications except as otherwise permitted herein;

(2)        Procedures for the notification of the State Library for title changes in serial publications;

(3)        Pricing of documents for resale;

(4)        Use of publication services at State‑operated printing facilities;

(5)        Purchase of commercial publication services; and

(6)        The distribution of publications.

     The Department of Administration shall submit the initial guidelines to State agencies for review and comment for a period of 60 days; provided, however, that submission to theThe University of North Carolina General AdministrationSystem Office shall satisfy this requirement with respect to universities. The Department, in consultation with at least the State Librarian and the State Auditor, shall consider the comments of the State agencies before adopting final guidelines. The Department of Administration shall adopt and release the final guidelines no later than four months after the release of the initial guidelines."

SECTION 19.  G.S. 147‑54 reads as rewritten:

"§ 147‑54.  Printing, distribution and sale of the North Carolina Manual.

The Secretary of State shall have printed biennially for distribution and sale, two thousand three hundred fifty (2,350) copies of the North Carolina Manual, and shall make distribution to the State agencies, individuals, institutions and others as herein set forth.

NORTH CAROLINA STATE GOVERNMENT:

Members of the General Assembly .................................................................................. 1 ea.

Officers of the General Assembly .................................................................................... 1 ea.

Offices of the Clerk of each House of the General Assembly.......................................... 1 ea.

Legislative Services Officer.................................................................................................... 1

Legislative Library.................................................................................................................. 6

Members of the Council of State....................................................................................... 2 ea.

Appointed Secretaries of Executive Departments............................................................. 2 ea.

Personnel of the Department of the Secretary of State..................................................... 1 ea.

Bipartisan State Board of Elections and Ethics Enforcement................................................. 2

Divisions of Archives and History, Director.......................................................................... 1

Search Room........................................................................................................................ 3

Publications Section............................................................................................................. 2

State Library.......................................................................................................................... 10

Libraries within State Agencies........................................................................................ 1 ea.

Justices of the North Carolina Supreme Court.................................................................. 1 ea.

Judges of the North Carolina Court of Appeals................................................................ 1 ea.

Judges of the North Carolina Superior Court.................................................................... 1 ea.

Supreme Court Library......................................................................................................... 12

Court of Appeals Library........................................................................................................ 2

Clerk of the Supreme Court.................................................................................................... 1

Clerk of the Court of Appeals................................................................................................. 1

Reporter of the Supreme Court and Court of Appeals............................................................ 1

Administrative Office of the Courts....................................................................................... 5

NORTH CAROLINA EDUCATIONAL INSTITUTIONS:

University of North Carolina System

General Administration OfficesThe University of North Carolina System Office.............. 12

Chancellors of the Constituent Institutions....................................................................... 1 ea.

University of North Carolina – Chapel Hill Library............................................................. 15

North Carolina State University Library................................................................................. 5

East Carolina University Library............................................................................................ 5

North Carolina Central University Library............................................................................. 5

Appalachian State University Library.................................................................................... 4

University of North Carolina – Charlotte Library.................................................................. 4

University of North Carolina – Greensboro Library............................................................... 4

Western Carolina University Library...................................................................................... 4

Other Constituent Institutions Libraries............................................................................ 3 ea.

North Carolina School of the Arts, redesignated effective August 1, 2008, as the "University of North Carolina School of the Arts"................................................................................................... 2

University of North Carolina Chapel Hill School of Government......................................... 2

Community Colleges and Technical Institutes.................................................................. 2 ea.

Private Colleges and Universities

Duke University Library......................................................................................................... 6

Wake Forest University.......................................................................................................... 6

Campbell University Library.................................................................................................. 5

Davidson College Library....................................................................................................... 4

All other Libraries of Senior and Junior Colleges............................................................. 2 ea.

Public and Private Schools containing grades 8‑12.......................................................... 1 ea.

COUNTY GOVERNMENT:

Clerks of Court.................................................................................................................. 1 ea.

Registers of Deeds............................................................................................................. 1 ea.

Public Libraries of North Carolina.................................................................................... 1 ea.

FEDERAL GOVERNMENT:

President of the United States................................................................................................. 1

North Carolina Members of the Presidential Cabinet....................................................... 1 ea.

North Carolina Members of the United States Congress.................................................. 2 ea.

Library of Congress................................................................................................................ 3

Resident Judges of the Federal Judiciary

and United States Attorneys in North Carolina.............................................................. 1 ea.

Secretaries of State of the United States

and Territories................................................................................................................ 1 ea.

After making the above distribution, the remainder shall be sold at the cost of publication plus tax and postage and the proceeds from such sales deposited with the State Treasurer for use by the Publications Division of the Secretary of State's Office to defray the expense of publishing the North Carolina Manual. Libraries and educational institutions not covered in the above distribution shall be entitled to a twenty percent (20%) discount on the cost of any purchase(s)."

SECTION 20.  The General Statutes are further amended by substituting the phrase "University of North Carolina System Office" for the phrase "University of North Carolina General Administration" wherever that phrase may appear.

SECTION 21.  All statutory and other legal authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations or other funds of The University of North Carolina General Administration remain those of The University of North Carolina System Office.

SECTION 22.  Nothing in this act requires the immediate replacement of any stationery, other supplies, or any emblems or other symbols used by The University of North Carolina System Office as they existed prior to the enactment of this act. The University of North Carolina System Office shall use funds within its budget to replace these items as necessary.

SECTION 23.  This act becomes effective July 1, 2018.

In the General Assembly read three times and ratified this the 12th day of June, 2018.

 

 

                                                                    s/  Philip E. Berger

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Roy Cooper

                                                                         Governor

 

 

Approved 3:06 p.m. this 15th day of June, 2018