GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	5 
SENATE BILL 3
Constitutional Amendments Committee Substitute Adopted 2/22/89
Third Edition Engrossed 3/2/89
House Committee Substitute Favorable 7/31/89
House Committee Substitute #2 Favorable 7/3/90

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 REFERENDUM IN NOVEMBER 1990 TO AMEND THE CONSTITUTION TO PROVIDE FOR A GUBERNATORIAL VETO REQUIRING A THREE-FIFTHS VOTE TO OVERRIDE, TO LIMIT THE NUMBER OF DAYS OF THE LEGISLATIVE SESSION, AND TO PROVIDE FOR FOUR-YEAR TERMS FOR MEMBERS OF THE GENERAL ASSEMBLY, STARTING WITH THOSE TERMS BEGINNING IN 1993 AFTER THE 1992 ELECTIONS, AND TO PROVIDE FOR STATUTORY CONFIRMATION BY THE GENERAL ASSEMBLY FOR CERTAIN SUB-CABINET-LEVEL GUBERNATORIAL APPOINTMENTS, AND IN A SEPARATE BALLOT QUESTION IN NOVEMBER 1990 TO AMEND THE CONSTITUTION TO PROVIDE FOR THE APPOINTMENT OF APPELLATE COURT JUDGES BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE A PROCEDURE TO DETERMINE IF JUDGES SO APPOINTED SHOULD BE RETAINED IN OFFICE.
The General Assembly of North Carolina enacts:
PART I – VETO.
Section 1.1.  Article II, Section 22 of the Constitution of North Carolina, reads as rewritten:
	"Sec. 22. Action on bills.  
(1)	Amendments to Constitution of North Carolina. Every bill 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 matter, shall be submitted to the qualified voters of this State after it shall have been read three times in each house, and signed by the presiding officers of both houses.
(2)	Amendments to Constitution of the United States. Every bill 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 matter, shall be read three times in each house before it becomes law, and shall be signed by the presiding officers of both houses.
(3)	Appointments by General Assembly. Every bill in which the General Assembly makes an appointment or appointments to public office and which contains no other matter, shall be read three times in each house before it becomes law, and shall be signed by the presiding officers of both houses.
(4)	Joint resolutions. 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.
(5)	Local bills. Every bill that applies in fewer than 15 counties shall be read three times in each house before it becomes law and shall be signed by the presiding officers of both houses. The exemption from veto by the Governor provided in this subdivision does not apply if the bill, at the time it is signed by the presiding officers:
a.	Would extend the application of a law so that the law would apply in more than half the counties in the State, or
b.	Would enact a law so similar in effect to another law or laws that the result would be a law applying in more than half the counties in the State.
Notwithstanding the previous sentence, a bill is exempt from veto if by its terms it applies to the government of only one named county, city, town, school administrative unit, or other unit of local government and contains no other matter. Notwithstanding any other language in this subdivision, the exemption from veto provided by this subdivision does not apply to any bill to enact a general law classified by population or other criteria, or to any bill that contains an appropriation from the State treasury.
(6)	State Senate redistricting. Every bill revising the Senate districts and the apportionment of Senators among those districts, and containing no other matter, shall be read three times in each house before it becomes law and shall be signed by the presiding officers of both houses.
(7)	State House redistricting. Every bill revising the representative districts and the apportionment of Representatives among those districts, and containing no other matter, shall be read three times in each house before it becomes law and shall be signed by the presiding officers of both houses.
(8)	Congressional redistricting. Every bill 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 matter, shall be read three times in each house before it becomes law and shall be signed by the presiding officers of both houses.
	(9)  Bills subject to veto by Governor; override of veto. 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, together with a veto message stating his reasons for such objections, to that house in which it shall have originated, which shall enter the objections and veto message 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 and veto message, 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.
(10)	Time for action by Governor; reconvening of session. If any bill shall not be returned by the Governor within 10 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 have adjourned:
a.	Sine die; or
b.	For more than 30 days,
in which case it shall become a law unless, within 30 days after such adjournment, it is returned by the Governor with his objections and veto message to that house in which it shall have originated. When the General Assembly has adjourned sine die or for more than 30 days, the Governor shall reconvene that session as provided by Article III, Section 5(11) of this Constitution for reconsideration of the bill, and if he does not reconvene the session, the bill shall become law on the fortieth day after such adjournment.
(11)	Return of bills after adjournment. For purposes of return of bills not approved by the Governor, each house shall designate its principal clerk or another officer to receive returned bills during its adjournment."
Sec. 1.2.  Section 5 of Article III of the Constitution of North Carolina is amended by adding a new subdivision 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 may 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 terms of office of the members of the General Assembly, then the members serving for the reconvened session shall be the newly elected members."
PART II – LENGTH OF LEGISLATIVE SESSION.
Sec. 2. Section 11(1) of Article II of the Constitution of North Carolina reads as rewritten:
	"(1) Regular Sessions.  In each odd-numbered year beginning in 1991, the General Assembly shall meet on a day prescribed by law, and each house shall remain in session for no more than 100 legislative days.  If the General Assembly adjourns or recesses the regular session from a date in the odd-numbered year to a date in the even-numbered year each house shall remain in session in the even-numbered year for no more than 30 legislative days.  A legislative day for a house is a day on which that house is in session.  Neither house shall proceed upon public business unless a majority of all of its members are actually present.  No valid action, other than a resolution of adjournment, may be taken by the General Assembly in a regular session after the time limits prescribed in this section have expired, except that if a session is reconvened pursuant to Article III, Section 5(11) of this Constitution, the General Assembly may act pursuant to that subdivision."
PART III – FOUR-YEAR LEGISLATIVE TERMS.
Sec. 3.1.  Section 2 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 2. Number of Senators.  The Senate shall be composed of 50 Senators, quadrennially chosen by ballot."
Sec. 3.2.  Section 4 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 4.  Number of Representatives.  The House of Representatives shall be composed of 120 Representatives, quadrennially chosen by ballot."
Sec. 3.3.  Section 8 of Article II of the Constitution of North Carolina reads as rewritten:
	"Sec. 8. Elections.  The election for members of the General Assembly shall be held for the respective districts in 1992 and every four years thereafter, at the places and on the day prescribed by law."
Sec. 3.4. Section 7(3) of Article III of the Constitution of North Carolina reads as rewritten:
"(3)	Vacancies.  If the office of any of these officers is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified.  Every such vacancy shall be filled by election at the first statewide election for members of the General Assembly or members of the United States House of Representatives, whichever comes first, that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in this Section.  When a vacancy occurs in the office of any of the officers named in this Section and the term expires on the first day of January succeeding the next statewide election for members of the General Assembly or United States House of Representatives, whichever comes first, the Governor shall appoint to fill the vacancy for the unexpired term of the office."
Sec. 3.5. Section 9(3) of Article IV of the Constitution of North Carolina reads as rewritten:
"(3)	Clerks.  A Clerk of the Superior Court for each county shall be elected for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly or members of the United States House of Representatives are elected.  If the office of Clerk of the Superior Court becomes vacant otherwise than by the expiration of the term, or if the people fail to elect, the senior regular resident Judge of the Superior Court serving the county shall appoint to fill the vacancy until an election can be regularly held."
Sec. 3.6.  Section 18(1) of Article IV of the Constitution of North Carolina reads as rewritten:
	"(1) District Attorneys.  The General Assembly shall, from time to time, divide the State into a convenient number of prosecutorial districts, for each of which a District Attorney shall be chosen for a term of four years by the qualified voters thereof, at the same time and places as members of the General Assembly or members of the United States House of Representatives are elected.  Only persons duly authorized to practice law in the courts of this State shall be eligible for election or appointment as a District Attorney.  The District Attorney shall advise the officers of justice in his district, be responsible for the prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, perform such duties related to appeals therefrom as the Attorney General may require, and perform such other duties as the General Assembly may prescribe."
Sec. 3.7.  Section 19 of Article IV of the Constitution of North Carolina reads as rewritten:
	"Sec. 19. Vacancies.  Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next statewide  election for members of the General Assembly or members of the United States House of Representatives, whichever comes first, that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, expires on the first day of January succeeding the next statewide election for members of the General Assembly or members of the United States House of Representatives, whichever comes first, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified."
PART IV – CONFIRMATION OF GOVERNOR'S APPOINTMENTS.
Sec. 4. Chapter 147 of the General Statutes is amended by adding a new section to read:
"§  147-12.1.  Appointments subject to confirmation; exceptions.
	(a) Notwithstanding any other provision of law, whenever it is provided by law that the Governor is to appoint a person to:
(1)	The Board of Agriculture according to G.S. 106-2;
(2)	The Alcoholic Beverage Control Board according to G.S. 18B-200;
(3)	The Atlantic States Marine Fisheries Commission according to G.S. 113-254;
(4)	The Banking Commission according to G.S. 53-92;
(5)	The office of Banking Commissioner according to G.S. 53-93;
(6)	The office of State Controller according to G.S. 143B-426.37;
(7)	The Credit Union Commission according to G.S. 143B-438;
(8)	The State Board of Education according to G.S. 115C-10;
(9)	The Employment Security Commission according to G.S. 96-3;
(10)	The Industrial Commission according to G.S. 97-77;
(11)	The Local Government Commission according to G.S. 159-3;
(12)	The Milk Commission according to G.S. 106-266.7;
(13)	The Parole Commission according to G.S. 143B-266;
(14)	The Personnel Commission according to G.S. 126-2;
(15)	The Savings Institutions Commission according to G.S. 54B-53;
(16)	The Tax Review Commission according to G.S. 105-269.2;
(17)	The board of trustees of the Teachers' and State Employees' Retirement System according to G.S. 135-6;
(18)	The Utilities Commission according to G.S. 62-10;
(19)	The office of Executive Director of the Public Staff of the Utilities Commission according to G.S. 62-15,
the appointment shall be made subject to confirmation by the Senate and House of Representatives as provided by subsection (b) of this section.
(b)	No nominee of the Governor to membership on a board or commission listed or defined in subsection (a) of this section shall take office until he shall have been confirmed by both the Senate and the House of Representatives, unless the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened. If the vacancy occurs after the General Assembly has adjourned sine die or for more than 10 days and has not reconvened, the Governor shall appoint a replacement, who shall assume office and serve until the General Assembly next adjourns sine die or for more than 10 days, whichever occurs first, unless expiration of the term of office is provided by law. For such person to continue in office after adjournment sine die or for more than 10 days, the appointment must be confirmed by both the Senate and the House of Representatives. If both those houses have not confirmed the appointment by that date, the appointee vacates the office, the person does not hold over, and the person may not be appointed to fill the vacancy:
(1)	During the remainder of the term of office if the office has a fixed term; or
(2)	During the remainder of the term of office of the Governor who made the appointment if the office has no fixed term."
PART V – REFERENDUM ON PARTS I-IV.
Sec. 5.1.  The amendments set forth in Sections 1.1 through 4 of this act shall be submitted to the qualified voters of the State at the statewide general election to be held in November of 1990, which shall be conducted under the laws then governing elections in the State.
Sec. 5.2.  At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR constitutional amendments to give the Governor a veto, limit the length of legislative sessions, and change the length of terms for members of the General Assembly, and for a statutory amendment to provide for confirmation of certain appointments made by the Governor.
[]	AGAINST constitutional amendments to give the Governor a veto, limit the length of legislative sessions, and change the length of terms for members of the General Assembly, and for a statutory amendment to provide for confirmation of certain appointments made by the Governor."
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. 5.3.  If a majority of votes cast are in favor of the constitutional amendments set out in Sections 1.1 through 3.7 of this act, then the State Board of Elections shall certify the amendments set out in Sections 1.1 through 3.7 of this act to the Secretary of State who shall enroll the amendments so certified among the permanent records of his office.  The constitutional amendments proposed by Sections 1.1 through 2 of this act shall become effective January 1, 1991.  The constitutional amendments proposed by Sections 3.1 through 3.7 of this act shall become effective January 1, 1993, and shall apply to members of the General Assembly elected in the 1992 general election.
Sec. 5.4. Section 4 of this act shall become effective January 1, 1991, and shall apply to all vacancies occurring on or after that date, but shall become effective only if approved along with the constitutional amendments proposed in Sections 1.1 through 3.7, as provided in Sections 5.1 through 5.3.
PART VI – APPOINTMENT OF APPELLATE JUDGES.
Sec. 6.1.  Section 6(1) of Article IV of the North Carolina Constitution reads as rewritten:
	"(1) Membership.  The Supreme Court shall consist of a Chief Justice and six Associate Justices, but the General Assembly may increase the number of Associate Justices to not more than eight. The Governor shall nominate, and with the advice and consent of a majority of the Senate and of the House of Representatives, appoint the Chief Justice and the Associate Justices as provided by law. The General Assembly may require the Governor to make his nominations from names of persons submitted pursuant to procedures and in a manner prescribed by law. The General Assembly may by law permit persons nominated to serve pending appointment. Justices appointed shall serve an initial term as provided by this Article and shall be eligible for subsequent terms pursuant to procedures and in a manner as shall be established by the General Assembly.  In the event the Chief Justice is unable, on account of absence or temporary incapacity, to perform any of the duties placed upon him, the senior Associate Justice available may discharge these duties."
Sec. 6.2.  Section 7 of Article IV of the North Carolina Constitution reads as rewritten:
	"Sec. 7. Court of Appeals.
The structure, organization, and composition of the Court of Appeals shall be determined by the General Assembly.  The Governor shall nominate, and with the advice and consent of a majority of the Senate and of the House of Representatives, appoint the Judges of the Court of Appeals as provided by law.  The General Assembly may require the Governor to make his nominations from names of persons submitted pursuant to procedures and in a manner prescribed by law. The General Assembly may by law permit persons nominated to serve pending appointment. Judges appointed shall serve an initial term as provided in this Article and shall be eligible for subsequent terms pursuant to procedures and in a manner as shall be established by the General Assembly.  The Court shall have not less than five members, and may be authorized to sit in divisions, or other than en banc.  Sessions of the Court shall be held at such times and places as the General Assembly may prescribe."
Sec. 6.3.  Section 9(1) of Article IV of the North Carolina Constitution reads as rewritten:
	"(1)	Superior Court Judges and districts.  The General Assembly shall, from time to time, divide the State into a convenient number of Superior Court judicial districts and shall provide for the election of one or more Superior Court Judges for each district.  Judges of the Superior Court shall be elected by the qualified voters and shall hold office for terms of eight years and until their successors are elected and qualified. Regular Judges of the Superior Court may be elected by the qualified voters of the State or by the voters of their respective districts, as the General Assembly may prescribe.  Each regular Superior Court Judge shall reside in the district for which he is elected. The General Assembly may provide by general law for the selection or appointment of special or emergency Superior Court Judges not selected for a particular judicial district."
Sec. 6.4. Section 16 of Article IV of the North Carolina Constitution reads as rewritten:
	"Sec. 16. Terms of office of Justices of the Supreme Courtand  Judges of the Court of Appeals.
	The initial term of office for each person holding the office of Chief Justice of the Supreme Court, Associate Justice of the Supreme Court, and Judge of the Court of Appeals shall be four years, and each subsequent term for that person in that office shall be eight years."
Sec. 6.5. (a) If Section 3.7 of this act is not approved as provided in Section 5.3 of this act, then Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 19.	Vacancies.
	(1) Vacancies generally. Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next election for members of the General Assembly that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified.
(2)	Vacancies on appellate courts. Vacancies in the office of Chief Justice, Associate Justice, or Judge of the Court of Appeals shall be filled according to Sections 6 and 7 of this Article. The General Assembly may by general law specify provisions contrary to those in Article VI, Section 10 to be applicable to Justices and Judges."
(b) If Section 3.7 of this act is approved as provided in Section 5.3 of this act, then Section 19 of Article IV of the North Carolina Constitution reads as rewritten:
"Sec. 19.	Vacancies.
	(1) Vacancies generally. Unless otherwise provided in this Article, all vacancies occurring in the offices provided for by this Article shall be filled by appointment of the Governor, and the appointees shall hold their places until the next statewide election for members of the General Assembly or members of the United States House of Representatives, whichever comes first, that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the offices.  When the unexpired term of any of the offices named in this Article of the Constitution in which a vacancy has occurred, and in which it is herein provided that the Governor shall fill the vacancy, expires on the first day of January succeeding the next statewide election for members of the General Assembly or United States House of Representatives, whichever comes first, the Governor shall appoint to fill that vacancy for the unexpired term of the office.  If any person elected or appointed to any of these offices shall fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies occurring therein.  All incumbents of these offices shall hold until their successors are qualified.
(2)	Vacancies on appellate courts. Vacancies in the office of Chief Justice, Associate Justice, or Judge of the Court of Appeals shall be filled according to Sections 6 and 7 of this Article. The General Assembly may by general law specify provisions contrary to those in Article VI, Section 10 to be applicable to Justices and Judges."
Sec. 6.6.  Article IV of the North Carolina Constitution is amended by adding a new section at the end to read:
“Sec. 23.  Transition to appointment system.
The Chief Justice, Associate Justices, and Judges of the Court of Appeals holding office on the effective date of amendments to this Article deleting provisions requiring elections to those offices, and inserting in their place provisions requiring appointment to those offices, shall continue in office until the expiration of their terms.  Those Justices and Judges, to remain in office beyond the expiration of their terms, shall be subject to the reconfirmation or retention procedures established by the General Assembly.  The General Assembly may also provide by general law for the extension of terms of those Justices and Judges if necessary to an orderly transition to an appointive system of initial selection."
Sec. 6.7.  The amendments set out in Sections 6.1 through 6.6 of this act shall be submitted to the qualified voters of the State at the general election to be held in November of 1990, which election shall be conducted under the laws then governing elections in the State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[ ]	FOR Constitutional amendments to provide for appointment of appellate judges by the Governor, subject to the advice and consent of the General Assembly for initial terms of four years, followed by subsequent terms of eight years pursuant to a reconfirmation procedure to be determined by the General Assembly.
[ ]	AGAINST Constitutional amendments to provide for appointment of appellate judges by the Governor, subject to the advice and consent of the General Assembly for initial terms of four years, followed by subsequent terms of eight years pursuant to a reconfirmation procedure to be determined by the General Assembly."
Those qualified voters favoring the amendments set out in Sections 6.1 through 6.6 of this act shall vote by making an "X”or check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by marking an "X”or 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. 6.8.  If a majority of votes cast thereon are in favor of the amendments set out in Sections 6.1 through 6.6 of this act, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments shall become effective January 15, 1991.
Sec. 7. This act is effective upon ratification.