GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	3 
SENATE BILL 3
Constitutional Amendments Committee Substitute Adopted 2/22/89
Third Edition Engrossed 3/2/89

Short Title:  Veto.	(Public)
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Sponsors:
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Referred to:  

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January 12, 1989

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A GUBERNATORIAL 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)	All bills making appointments to offices under:
a. Article III, Section 5(8);
b. Article IX, Section 8; or
c. Article IV, Section 9(1)
of this Constitution, 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.
(4)	All bills revising the senate districts and the apportionment of Senators among those districts, 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.
(5)	All bills revising the representative districts and the apportionment of Representatives among those districts, 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.
(6)	All bills revising the districts for the election of members of the House of Representatives of the Congress of the United States and the apportionment of Representatives among those districts, 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.
	(7)  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 three-fifths of the members present and voting 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 three-fifths of the members present and voting 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.
	(8)  If any bill shall not be returned by the Governor within 10 calendar days 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:
a. Sine die; or
b. For more than 30 days
prevent its return, in which case it shall become a law unless, within 30 days after such adjournment, it is returned by the Governor with his objections. When the General Assembly has adjourned sine die or for more than 30 days, the Governor shall reconvene that session as provided by Section 5(7) of Article III of this Constitution for reconsideration of the bill, and if he does not reconvene the session, the bill shall become law on the thirtieth day after such adjournment.
	(9)  Adjournment sine die or for more than 30 days does not prevent the return of bills not approved by the Governor. 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 including sine die or for more than 30 days.
	(10)  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.
(11)	Whenever the Governor reconvenes the session as provided by Section 5(7) of Article III of this Constitution and subsection (8) of this section, he shall return any bill requiring the call of the session with his objections to that house in which it shall have originated.
(12)	This section does not apply to any appointments made by the General Assembly to public office as allowed under:
a. Article III, Section 5(8);
b. Article IX, Section 8; or
c. Article IV, Section 9(1)
of this Constitution by joint action other than passage of a bill.
(13)	This section does not apply to appointments made to public office as allowed under:
a. Article III, Section 5(8);
		b. Article IX, Section 8;
		c. Article IV, Section 9(1); or
		d. Article IX, Section 4(1)
of this Constitution when the appointments are made subject to confirmation by both houses of the General Assembly."
Sec. 2.  Section 5 of Article III of the Constitution of North Carolina is amended by adding a new subsection to read:
	"(11) Reconvened sessions.  The Governor shall, when required by Section 22 of Article II of this Constitution, reconvene a session of the General Assembly.  At such reconvened session, the General Assembly shall only consider such bills as were returned by the Governor to that reconvened session for reconsideration.  Such reconvened session shall begin on a date set by the Governor, but no later than 40 days after the General Assembly adjourned:
a. Sine die; or
b. For more than 30 days.
If the date of reconvening the session occurs after the expiration of the regular terms of office of the members of the General Assembly, they shall remain in office for the sole purpose of reconsidering the bill notwithstanding the objections of the Governor.  In the case provided by this paragraph, the reconvened session shall not extend more than ten calendar days, and the members shall receive compensation and allowances during the term of such extension because of the extension.  This paragraph does not change the beginning of the term of office of the newly elected members, which shall continue to be the first day of January as provided by Section 9 of this Article.  Notwithstanding Section 9 of Article VI of this Constitution, a person whose term has been extended by this paragraph and who has been elected to an office for a term commencing on the first day of January shall be entitled to hold both offices during that period."
Sec. 3.  The amendments set forth in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the statewide primary election in 1990 which shall be conducted under the laws then governing elections in the State.
Sec. 4.  At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR constitutional amendments granting veto power to the Governor, provided such veto may be overridden by three-fifths vote of each house of the General Assembly.
[]	AGAINST constitutional amendments granting veto power to the Governor, provided such veto may be overridden by three-fifths vote of each house of the General Assembly."
Those qualified voters favoring the amendments 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. 5.  If a majority of votes cast are in favor of the constitutional amendments set out in Sections 1 and 2 of this act, then the State Board of Elections shall certify the amendments set out in Sections 1 and 2 of this act to the Secretary of State who shall enroll the amendments so certified among the permanent records of his office.  These constitutional amendments shall become effective on or after January 1, 1993.
Sec. 6. This act is effective upon ratification.