GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 589*

Short Title:  Gubernatorial Veto.	(Public)
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Sponsors: Representatives Rhyne; Robinson and Wood.
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Referred to:  Judiciary.
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March 15, 1989

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION TO SECURE TO THE GOVERNOR THE POWER OF VETO.
The General Assembly of North Carolina enacts:
Section 1.  Section 22 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 22. Action on bills.  
(1)	All bills proposing a new or revised Constitution or an amendment or amendments to this Constitution or calling a convention of the people of this State, and containing no other matters, shall be submitted to the qualified voters of this State after they shall have been read three times in each house, and signed by the presiding officers of both houses.
(2)	All bills approving an amendment to the Constitution of the United States, or applying for a convention to propose amendments to the Constitution of the United States, and containing no other matters, shall be read three times in each house before they become laws, and shall be signed by the presiding officers of both houses.
	(3)  Any other bill shall be read three times in each house and shall be signed by the presiding officer of each house before being presented to the Governor.  If the Governor approves, he shall sign it and it shall become a law; but if not, he shall return it with his objections to that house in which it shall have originated, which shall enter the objections at large on its journal, and proceed to reconsider it.  If after such reconsideration two-thirds  of all the members of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of all the members of that house, it shall become a law notwithstanding the objections of the Governor.  In all such cases the votes of both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively.
	(4)  If any bill shall not be returned by the Governor within 10 days (Sundays excepted) after it shall have been presented to him the same shall be a law in like manner as if he had signed it, unless the General Assembly shall, by its adjournment, prevent its return, in which case it shall not become a law without the approval of the Governor.
	(5)  No bill shall become a law after adjournment of the General Assembly sine die unless approved by the Governor within 30 days after such adjournment.
	(6)  If any bill presented to the Governor contains items of appropriation of money, he may object to one or more of such items while approving of the other portion of the bill.  In such a case he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriations so objected to shall not take effect.  If the General Assembly shall be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered.  If after such reconsideration any such items be approved by two-thirds of all the members of that house, the item or items approved, together with the Governor's statement of objection thereto shall be transmitted to the other house and the item separately reconsidered; and if any item be approved by two-thirds of all the members of that house, the same shall be part of the law, notwithstanding the objections of the Governor.
	(7)  All the provisions of this section in relation to bills not approved by the Governor shall apply in cases in which he shall withhold his approval for any item or items contained in a bill appropriating money.
	(8)  For purposes of return of bills not approved by the Governor, the General Assembly shall be considered to be continuously in session until it adjourns sine die; and the Principal Clerk of the House of Representatives (or another officer designated by the House of Representatives) and the Principal Clerk of the Senate (or another officer designated by the Senate) shall be deemed proper recipients of such returned bills during recess or adjournment of the General Assembly other than sine die.
(9)	Every joint resolution shall be read three times in each house before it becomes effective, and shall be signed by the presiding officers of both houses.
	(10)  Every order to which the concurrence of both houses of the General Assembly may be necessary shall be presented to the Governor and, before the same shall take effect, be approved by him or, being disapproved by him, shall be repassed by two-thirds of all the members of each house of the General Assembly, according to the rules and limitations prescribed in this section in case of a bill.  ‘Order' as used in this section is an appointment by the General Assembly to public office (except in the legislative branch) made other than by bill."
Sec. 2.  The amendment set forth in Section 1 of this act shall be submitted to the qualified voters of the State at a statewide election to be held on November 7, 1989, which shall be conducted under the laws then governing elections in the State.
Sec. 3.  At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR constitutional amendment granting veto power to the Governor, provided such veto may be overridden by two-thirds vote of each house of the General Assembly.
[]	AGAINST constitutional amendment granting veto power to the Governor, provided such veto may be overridden by two-thirds vote of each house of the General Assembly."
Those qualified voters favoring the amendment shall vote by marking an "X”or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to the amendment shall vote by marking an "X”or a check mark in the square beside the statement beginning "AGAINST".
Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 4.  If a majority of votes cast thereon are in favor of the constitutional amendment set out in Section 1 of this act, then the State Board of Elections shall certify the amendment set out in Section 1 of this act to the Secretary of State who shall enroll that amendment so certified among the permanent records of his office.  This constitutional amendment shall become effective beginning with bills and orders passed in either house of the General Assembly on or after January 1, 1991.
Sec. 5.  G.S. 120-33 reads as rewritten:
"§ 120-33. Duties of enrolling clerk.(a) All bills passed by the General Assembly shall be enrolled for ratification under the supervision of the enrolling clerk.
(b)	Prior to enrolling any bill, the enrolling clerk shall substitute the corresponding Arabic numeral(s) for any date or section number of the General Statutes or of any act of the General Assembly which is written in words.
(c)	All bills shall be typewritten and carefully proofread before enrollment.
(d)	Upon ratification of an act or joint resolution, the enrolling clerk shall assign in Arabic numerals a chapter number to each session law and present one true ratified copy:
(1)	To the Governor of any act except acts not required to be presented to the Governor under Article II, Section 22 of the Constitution; and
(2)	To the Secretary of State of:
a.	Acts not required to be presented to the Governor under Article II, Section 22 of the Constitution; and
b.	Joint resolutions.
(d1)	The enrolling clerk shall present to the Secretary of State one true ratified copy of:
(1)	Any bill or order which has become law without the approval of the Governor as provided by G.S. 120-29.2(b); and
(2)	Any bill or order which has become law notwithstanding the objections of the Governor, as provided by G.S. 120-29.2(c).
(d2)	Any order required by Article II, Section 22 of the Constitution to be presented to the Governor shall be presented to him by the enrolling clerk.
(d3)	No bill or order required to be presented to the Governor under Article II, Section 22 of the Constitution shall be presented to him until the time for moving a reconsideration shall have expired, unless expressly ordered by that house where such bill or order originated.
		(f) The enrolling clerk upon completion of his duties after each session shall deposit the original bills and resolutions enrolled for ratification by him with the Secretary of State."
Sec. 6.  G.S. 120-20 reads as rewritten:
"§ 120-20. When acts take effect.Acts of the General Assembly shall be in force only from and after 60 days after the adjournment of the session in which they shall have passed, unless the commencement of the operation thereof be expressly otherwise directed."
Sec. 7.  G.S. 120-30.9B reads as rewritten:
"§ 120-30.9B. Statewide statutes; State Board of Elections.
The Executive Secretary-Director of the State Board of Elections shall submit to the Attorney General of the United States within 30 days of the time they become laws all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 163 of the General Statutes or any other statewide legislation, except relating to Chapter 7A of the General Statutes, which constitutes a ‘change affecting voting' under Section 5 of the Voting Rights Act of 1965."
Sec. 8.  G.S. 120-30.9C reads as rewritten:
"§ 120-30.9C. The judicial system; Administrative Office of the Courts.
The Administrative Officer of the Courts shall submit to the Attorney General of the United States within 30 days of the time they become laws all acts of the General Assembly that amend, delete, add to, modify or repeal any provision of Chapter 7A of the General Statutes of North Carolina which constitutes a ‘change affecting voting' under Section 5 of the Voting Rights Act of 1965."
Sec. 9.  G.S. 120-30.9E reads as rewritten:
"§ 120-30.9E. Counties; County Attorney.
The County Attorney of any county covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days:
(1)	Of the time they become laws any local acts of the General Assembly; and
(2)	Of adoption actions of the county board of commissioners, or the county board of elections or any other county agency
which constitutes a ‘change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that county."
Sec. 10.  G.S. 120-30.9F reads as rewritten:
"§ 120-30.9F. Municipalities; municipal attorney.
The municipal attorney of any municipality covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days :
(1)	Of the time they become laws any local acts of the General Assembly; and
(2)	Of adoption actions of the municipal governing body or municipal board of elections or any other municipal agency
which constitutes a ‘change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that municipality."
Sec. 11.  G.S. 120-30.9G reads as rewritten:
"§ 120-30.9G. School Administrative Units; Boards of Education Attorney.
The attorney for any local board of education where that school administrative unit is covered by the Voting Rights Act of 1965 shall submit to the Attorney General of the United States within 30 days :
(1)	Of the time they become laws any local acts of the General Assembly; and
(2)	Of adoption actions of the local boards of education
which constitutes a ‘change affecting voting' under Section 5 of the Voting Rights Act of 1965 in that school administrative unit. If the change affecting voting is a merger of two or more school administrative units, the change shall be submitted jointly by the attorneys of the school administrative units  involved, or by one of them by agreement of the attorneys involved."
Sec. 12.  G.S. 147-36 reads as rewritten:
"§ 147-36. Duties of Secretary of State.
It is the duty of the Secretary of State:
(1)	To perform such duties as may then be devolved upon him by resolution of the two houses of the General Assembly or either of them;
(2)	To attend the Governor, whenever required by him, for the purpose of receiving documents which have passed the great seal;
(3)	To receive and keep all conveyances and mortgages belonging to the State;
(4)	To distribute annually the statutes and the legislative journals;
(5)	To distribute the acts of Congress received at his office in the manner prescribed for the statutes of the State;
(6)	To keep a receipt book, in which he shall take from every person to whom a grant shall be delivered, a receipt for the same; but he may inclose grants by mail in a registered letter at the expense of the grantee, unless otherwise directed, first entering the same upon the receipt book;
(7)	To issue charters and all necessary certificates for the incorporation, domestication, suspension, reinstatement, cancellation and dissolution of corporations as may be required by the corporation laws of the State and maintain a record thereof;
(8)	To issue certificates of registration of trademarks, labels and designs as may be required by law and maintain a record thereof;
(9)	To maintain a Division of Publications to compile data on the State's several governmental agencies and for legislative reference;
(10)	To receive, enroll and safely preserve the Constitution of the State and all amendments thereto;
(11)	To serve as a member of such boards and commissions as the Constitution and laws of the State may designate;
(12)	To administer the Securities Law of the State, regulating the issuance and sale of securities, as is now or may be directed;
(13)	To receive and keep all oaths of public officials required by law to be filed in his office, and as Secretary of State, he is fully empowered to administer official oaths to any public official of whom an oath is required; and
(14)	To receive and maintain a journal of all appointments made to any State board, agency, commission, council or authority which is filed in the office of the Secretary of State."
Sec. 13.  Chapter 120 of the General Statutes is amended by adding a new section to read:
"§ 120-29.1. Orders defined.
An order requiring approval of the Governor under Article II, Section 22 of the Constitution, is an appointment by the General Assembly to public office (except in the legislative branch) made other than by bill."
Sec. 14.  Chapter 120 of the General Statutes is amended by adding a new section to read:
"§ 120-29.2. Approval of acts.
	(a) If the Governor approves a bill or order presented to him, he shall write upon the same, to the left of and below the signatures of the presiding officers of the two houses, the fact, date, and time of his approval, as follows: ‘Approved       .m. this       day of         ,          ' and shall sign the same as follows:’           , Governor'.  The Governor shall then deposit the approved bill or order with the Secretary of State.
(b)	If any bill becomes law, or any order becomes effective, because of the failure of the Governor to take any action, it shall be the duty of the Governor to return the measure to the enrolling clerk, who shall sign the following certificate on the measure and deposit it with the Secretary of State: ‘This bill (or order) having been presented to the Governor for his signature on the        day of       ,       and the Governor having failed to return it within the time prescribed by law, the same is hereby declared to have become a law (or, in the case of a joint resolution or order the same is declared to have taken effect in accordance with its terms).
This    day of       ,    ,                , Enrolling Clerk."
(c)	If the Governor returns any bill or order to the house of origin with his objections, he shall write such objections on the measure or cause the objections to be attached to the measure.  When any such bill or order becomes law or effective after reconsideration of the two houses the presiding officers shall, below the objections of the Governor, sign (including the date) the following certificate: ‘Became law (or effective in the case of an order) notwithstanding the objections of the Governor,    .m. this      day of     ,     '. The second of them to sign shall fill in the time.  The enrolling clerk shall deposit the measure with the Secretary of State."
Sec. 15. Rule 9(h) of the Rules of Civil Procedure, G.S. 1A-1, reads as rewritten:
"(h)	Private statutes. – In pleading a private statute or right derived therefrom it is sufficient to refer to the statute by its title or the day of its ratification if ratified before January 1, 1991, or the date it becomes law if it becomes law on or after January 1, 1991, and the court shall thereupon take judicial notice of it."
Sec. 16.  G.S. 97-31.1 reads as rewritten:
"§ 97-31.1. Effective date of legislative changes in benefits.
Every act of the General Assembly that changes the benefits enumerated in this Chapter shall become law no later than June 1 and shall have an effective date of no earlier than January 1 of the year after which it is ratified."
Sec. 17.  G.S. 120-34(a) reads as rewritten:
"(a)	The Legislative Services Commission shall publish all laws and joint resolutions, except those that did not become effective:
(1)	Because they were not approved by the Governor and the bill did not become law notwithstanding the objections of the Governor;  or
(2)	Because they were not approved by the Governor within 30 days after sine die adjournment
passed at each session of the General Assembly.  The laws and joint resolutions shall be kept separate and indexed separately. Each volume shall contain a certificate from the Secretary of State stating that the volume was printed under the direction of the Legislative Services Commission from ratified acts and resolutions on file in the Office of the Secretary of State. The Commission may publish the Session Laws and House and Senate Journals of extra and special sessions of the General Assembly in the same volume or volumes as those of regular sessions of the General Assembly. In printing, the signatures of the presiding officers shall be omitted. In the case of any laws which were assigned Chapter numbers by the enrolling clerk, but which did not become law because of objections of the Governor or because the Governor failed to approve the law within 30 days after sine die adjournment, the Legislative Services Office shall omit the Chapter and carry a note as to the reason for its omission.  In the case of any bill, required to be presented to the Governor, and which became law, the Session Laws shall carry, below the date of ratification, editorial notes as to what time and what date the bill became law."
Sec. 18.  G.S. 120-133 reads as rewritten:
"§ 120-133. Redistricting communications.
Notwithstanding any other provision of law, all drafting and information requests to legislative employees and documents prepared by legislative employees for legislators concerning redistricting the North Carolina General Assembly or the Congressional Districts are no longer confidential and become public records upon the act establishing the relevant district plan becoming law. Present and former legislative employees may be required to disclose information otherwise protected by G.S. 120-132 concerning redistricting the North Carolina General Assembly or the Congressional Districts upon the act establishing the relevant district plan becoming law."
Sec. 19. G.S. 120-149.3 reads as rewritten:
"(c)	If a legislative proposal receives a favorable report but become law during the biennial session in which it is introduced, a new assessment report shall be required before the same or a substantially similar legislative proposal may be considered after first reading or by any committee during a subsequent biennial session of the General Assembly.  If a proposal receives a favorable report but is not introduced as a legislative proposal, the favorable report shall expire at the adjournment of the biennial session coinciding with or following issuance of the final report."
Sec. 20.  G.S. 130A-51(a) reads as rewritten:
"(a)	When the General Assembly incorporates a city or town that includes within its territory fifty percent (50%) or more of the territory of a sanitary district, the governing body of the city or town shall become ex officio the governing board of the sanitary district if the General Assembly provides for this action in the incorporation act and if the existing sanitary district board adopts a final resolution pursuant to this section. The resolution may be adopted at any time within the period beginning on the day the incorporation act becomes law and ending 270 days after that  date."
Sec. 21.  Sections 5 through 20 of this act shall become effective only if the constitutional amendment proposed by Section 1 of this act is approved as provided by Sections 2 through 4 of this act, and if so approved, Sections 5 through 20  shall become effective with respect to bills and resolutions passed in either house of the General Assembly on or after January 1, 1991.
Sec. 22.  This act is effective upon ratification.