GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

 

 

SESSION LAW 2008-192

SENATE BILL 2015

 

 

AN ACT to change the name of the north Carolina school of the arts to the university of north carolina school of the arts.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 116-2(4) reads as rewritten:

"(4)      'Constituent institution' or 'institution' means one of the 16 public institutions of higher education, to wit, the University of North Carolina at Chapel Hill, North Carolina State University at Raleigh, the University of North Carolina at Greensboro, the University of North Carolina at Charlotte, the University of North Carolina at Asheville, the University of North Carolina at Wilmington, Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", Western Carolina University, and Winston-Salem State University, and the constituent high school, the North Carolina School of Science and Mathematics."

SECTION 2.  G.S. 116-4 reads as rewritten:

" 116-4.  Constituent institutions of the University of North Carolina.

The University of North Carolina shall be composed of the following institutions of higher education: the University of North Carolina at Chapel Hill, North Carolina State University at Raleigh, the University of North Carolina at Greensboro, the University of North Carolina at Charlotte, the University of North Carolina at Asheville, the University of North Carolina at Wilmington, Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", Western Carolina University and Winston-Salem State University, and the constituent high school, the North Carolina School of Science and Mathematics."

SECTION 3.  G.S. 116-5(a)(2) reads as rewritten:

"(2)      One person elected prior to January 1, 1972, by and from the membership of the board of trustees of each of the following institutions: Elizabeth City State University, Fayetteville State University, North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", and Winston-Salem State University."

SECTION 4.  G.S. 116-12 reads as rewritten:

" 116-12.  Property and obligations.

All property of whatsoever kind and all rights and privileges held by the Board of Higher Education and by the Boards of Trustees of Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", Western Carolina University and Winston-Salem State University, as said property, rights and privileges may exist immediately prior to July 1, 1972, shall be, and hereby are, effective July 1, 1972, transferred to and vested in the Board of Governors of the University of North Carolina. All obligations of whatsoever kind of the Board of Higher Education and of the Boards of Trustees of Appalachian State University, East Carolina University, Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical State University, North Carolina Central University, North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' Pembroke State University, redesignated effective July 1, 1996, as the "University of North Carolina at Pembroke", Western Carolina University and Winston-Salem State University, as said obligations may exist immediately prior to July 1, 1972, shall be, and the same hereby are, effective July 1, 1972, transferred to and assumed by the Board of Governors of the University of North Carolina. Any property, real or personal, held immediately prior to July 1, 1972, by a board of trustees of a constituent institution for the benefit of that institution or by the University of North Carolina for the benefit of any one or more of its six institutions, shall from and after July 1, 1972, be kept separate and distinct from other property held by the Board of Governors, shall continue to be held for the benefit of the institution or institutions that were previously the beneficiaries and shall continue to be held subject to the provisions of the respective instruments, grants or other means or process by which any property right was acquired. All property of whatsoever kind and all rights and privileges held by the Board of Trustees of the North Carolina School of Science and Mathematics, as said property, rights and privileges may exist immediately prior to July 1, 2007, shall be and hereby are, effective July 1, 2007, transferred to and vested in the Board of Governors of The University of North Carolina. All obligations of whatsoever kind of the Board of Trustees of the North Carolina School of Science and Mathematics as said obligations may exist immediately prior to July 1, 2007, shall be, and the same hereby are, effective July 1, 2007, transferred to and assumed by the Board of Governors of The University of North Carolina. In case a conflict arises as to which property, rights or privileges were held for the beneficial interest of a particular institution, or as to the extent to which such property, rights or privileges were so held, the Board of Governors shall determine the issue, and the determination of the Board shall constitute final administrative action. Nothing in this Article shall be deemed to increase or diminish the income, other revenue or specific property which is pledged, or otherwise hypothecated, for the security or liquidation of any obligations, it being the intent that the Board of Governors shall assume said obligations without thereby either enlarging or diminishing the rights of the holders thereof."

SECTION 5.  G.S. 116-31(a) reads as rewritten:

"(a)      All persons who, as of June 30, 1972, are serving as trustees of the regional universities and of the North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' except those who may have been elected to the Board of Governors, shall continue to serve for one year beginning July 1, 1972, and the terms of all such trustees shall continue for the period of one year."

SECTION 6.  G.S. 116-41.13A reads as rewritten:

" 116-41.13A.  Distinguished Professors Endowment Trust Fund; definitions.

The following definitions apply in this Part:

(1)       "Focused growth institution" means Elizabeth City State University, Fayetteville State University, North Carolina Agricultural and Technical University, North Carolina Central University, The University of North Carolina at Pembroke, Western Carolina University, and Winston-Salem State University.

(2)       "Special needs institution" means the North Carolina School of the Arts Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' and The University of North Carolina at Asheville."

SECTION 7.  G.S. 116-64 reads as rewritten:

" 116-64.  Establishment of school.

There is hereby established, and there shall be maintained, a school for the professional training of students having exceptional  talent in the performing arts which shall be defined as an educational institution of the State, to serve the students of North Carolina and other states, particularly other states of the South. The school shall be designated the "North Carolina School of the Arts.Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts.' "

SECTION 8.  G.S. 116-65 reads as rewritten:

" 116-65.  To be part of University of North Carolina; membership of Board of Trustees.

The North Carolina School of Arts Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' is a part of the University of North Carolina and subject to the provisions of Article 1, Chapter 116, of the General Statutes; provided, however, that notwithstanding the provisions of G.S. 116-31, the Board of Trustees of said school shall consist of 15 persons, 13 of whom are selected in accordance with provisions of G.S. 116-31, and the conductor of the North Carolina Symphony, or the conductor's designee, and the Secretary of the Department of Cultural Resources, both serving ex officio and nonvoting."

SECTION 9.  G.S. 116-209.19 reads as rewritten:

" 116-209.19.  Grants to students.

The Authority is authorized to make grants to eligible students enrolled or to be enrolled in eligible institutions in North Carolina out of such money as from time to time may be appropriated by the State or as may otherwise be available to the Authority for such grants. The Authority, subject to the provisions of this Article and any applicable appropriation act, shall adopt rules, regulations and procedures for determining the needs of the respective students for grants and for the purpose of making such grants. The amount of any grant made by the Authority to any student, whether enrolled or to be enrolled in any private institution or any tax-supported public institution, shall be determined by the Authority upon the basis of substantially similar standards and guides that shall be set forth in the Authority's rules, regulations and procedures; provided, however, that grants made in any fiscal year to students enrolled or to be enrolled in private institutions may be increased to compensate, in whole or in part, for the average annual State appropriated tuition subsidy for such fiscal year, determined as provided herein. The average annual State appropriated subsidy for each fiscal year shall be determined by the Secretary of Administration, after consultation with the Board of Governors of the University of North Carolina and the Authority, for each of the two categories of tax-supported institutions, being (i) institutions, presently 16, that provide education of the collegiate grade and grant baccalaureate degrees and (ii) institutions, such as community colleges and technical institutes created and existing under Chapter 115A of the General Statutes and community colleges created and existing under Chapter 115D of the General Statutes. The average annual State appropriated subsidy for each of such two categories of institutions shall mean the amount of the total appropriations of the State for the respective fiscal years under the current operations budgets, pursuant to the State Budget Act reasonably allocable to undergraduate students enrolled in such institutions exclusive of the Division of Health Affairs of the University of North Carolina and the North Carolina School of the Arts Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts' for all institutions in such category, all as shall be determined by the Secretary of Administration after consultation as above provided, divided by the budgeted number of North Carolina undergraduate students to be enrolled in such fiscal year.

The Authority, in determining the needs of students for grants, may among other factors, give consideration to the amount of other financial assistance that may be available to the students, such as nonrepayable awards under the Pell Grant Program, the Health Professions Education Assistance Act or other student assistance programs created by federal law."

SECTION 10.  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.

State Board of Elections ..........................................................................................      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 Offices ..............................................................................   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 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 11.  G.S. 165-20(6) reads as rewritten:

"(6)      "State educational institution" means any educational institution of higher learning which is owned and operated by the State of North Carolina, or any community college operated under the provisions of Chapter 115A and Article 3 of Chapter 116 of the General Statutes of North Carolina, or the college program of the North Carolina School of the Arts, redesignated effective August 1, 2008, as the 'University of North Carolina School of the Arts,' or any technical institute operated under the provisions of Chapter 115A of the General Statutes of North Carolina."

SECTION 12.  The General Statutes are further amended by substituting the phrase "University of North Carolina School of the Arts" for the phrase "North Carolina School of the Arts" wherever that phrase may appear.

SECTION 13.(a)  All statutory and other legal authority, powers, duties, functions, records, personnel, property, and unexpended balances of appropriations or other funds of the North Carolina School of the Arts remain those of the University of North Carolina School of the Arts.

SECTION 13.(b)  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 School of the Arts, as they existed prior to the enactment of this act. The University of North Carolina School of the Arts shall use funds within its budget to replace these items, as necessary.


SECTION 14.  This act becomes effective August 1, 2008.

In the General Assembly read three times and ratified this the 14th day of July, 2008.

 

 

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

 

 

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 8:27 a.m. this 8th day of August, 2008