North Carolina § 116-243 - Board of directors established; appointments.

§ 116-243. Board of directors established; appointments.

A board of directors to govern the operation of the Arboretum is established, to be appointed as follows: Two by the Governor, initially, one for a two-year term, and one for a four-year term. Successors shall be appointed for four-year terms. Two by the General Assembly, in accordance with G.S. 120-121, upon the recommendation of the President Pro Tempore of the Senate, initially, one for a two-year term, and one for a four-year term. Successors shall be appointed for four-year terms. Two by the General Assembly, in accordance with G.S. 120-121, upon the recommendation of the Speaker of the House of Representatives, initially, one for a two-year term, and one for a four-year term. Successors shall be appointed for four-year terms. The President of The University of North Carolina or the President's designee to serve ex officio. Two by the President of The University of North Carolina. Members shall be appointed for four-year terms, except that the initial terms shall be as provided otherwise by law. Repealed by Session Laws 2011-145, s. 9.15(b), effective July 1, 2011. Repealed by Session Laws 2011-145, s. 9.15(b), effective July 1, 2011. Eight by the Board of Governors of The University of North Carolina, Members shall be appointed for four-year terms, except that the initial terms shall be as otherwise provided by law. The executive director of the Arboretum shall serve ex officio as a nonvoting member of the Board of Directors. The President of The North Carolina Arboretum Society, Inc., to serve ex officio. All appointed members may serve two full four-year terms following the initial appointment and then may not be reappointed until they have been absent for at least one year. Members serve until their successors have been appointed. Appointees to fill vacancies serve for the remainder of the unexpired term. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120-122 . Initial terms begin July 1, 2011. The Chair of the Board of Directors shall be elected biennially by majority vote of the directors. The Executive Director of the Arboretum shall report to the President of The University of North Carolina or the President's designee and to the Board of Directors. History (1985 (Reg. Sess., 1986), c. 1014, s. 98; 1995, c. 490, s. 63; 2003-102, s. 1; 2004-203, s. 48; 2011-145, s. 9.15(b).) Editor's Note. - Session Laws 2011-145, s. 915(d), provides: "(d) Effective July 1, 2011, the President of The University of North Carolina shall appoint one member pursuant to G.S. 116-243 (4a) as enacted by subsection (b) of this section to serve an initial term of two years to end July 1, 2013, and one member to serve an initial term of four years to end July 1, 2015; successors shall be appointed to four-year terms as provided by G.S. 116-243 . Effective July 1, 2011, the Board of Governors of The University of North Carolina shall appoint one of the new members to be added to Board of Directors pursuant to G.S. 116-243(7) as amended by subsection (b) of this section to serve an initial term of two years to end July 1, 2013, and the other new member to be added to serve an initial term of four years to end July 1, 2015; successors shall be appointed to four year terms as provided by G.S. 116-243." Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5, is a severability clause. Effect of Amendments. - Session Laws 2004-203, s. 48, effective August 17, 2004, substituted "the President's designee" for "his designee" in subdivision (4); and made minor punctuation changes throughout the section. Session Laws 2011-145, s. 9.15(b), effective July 1, 2011, added subdivision (4a); deleted subdivision (5), which read: "The chancellors, chief executive officers, or their designees of the following institutions of higher education: North Carolina State University, Western Carolina University, The University of North Carolina at Asheville, Mars Hill College, and Warren Wilson College, to serve ex officio"; deleted subdivision (6), which read: "The President of Western North Carolina Arboretum, Inc., to serve ex officio"; rewrote subdivision (7), which formerly read: "Six by the Board of Governors of The University of North Carolina, initially, three for one-year terms, and three for three-year terms. Successors shall be appointed for four-year terms. One shall be an active grower of nursery stock, and one other shall represent the State's garden clubs"; rewrote subdivision (8), which formerly read: "The executive director of the Arboretum and the Executive Vice President of Western North Carolina Development Association shall serve ex officio as nonvoting members of the board of directors"; added subdivision (9); substituted "July 1, 2011" for "July 1, 1986" in the last sentence of the second-to-last paragraph; substituted "Chair of the Board of Directors" for "chairman of the board of directors" in the next-to-last paragraph; and rewrote the last paragraph, which formerly read: "The executive director of the Arboretum shall report to the board of directors."