GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 287

Short Title:  Legislative Session Length Limit.	(Public)
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Sponsors: Representatives Rhyne; Grady, Isenhower, Kimsey, Loflin, Morgan, Pope, and Privette.
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Referred to:  Courts.
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March 21, 1991

A BILL TO BE ENTITLED
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO LIMIT THE NUMBER OF DAYS THE GENERAL ASSEMBLY MAY REMAIN IN SESSION EACH YEAR.
The General Assembly of North Carolina enacts:
Section 1.  Section 11 of Article II of the North Carolina Constitution reads as rewritten:
"(1)	Regular Sessions.  In odd-numbered years, the General Assembly shall meet in February and shall remain in session for no more than 120 legislative days.  In even-numbered years, the General Assembly shall meet in May and shall remain in session for no more than 30 legislative days.  The day of convening shall be set by law.  Neither house shall proceed upon public business unless a majority of all its members are actually present.  No valid action, other than a resolution of adjournment, may be taken by the General Assembly after the time limits prescribed in this section have expired.
(2)	Extra sessions on legislative call.  The President of the Senate and the Speaker of the House of Representatives shall convene the General Assembly in extra session by their joint proclamation upon receipt by the President of the Senate of written requests therefor signed by three-fifths of all the members of the Senate and upon receipt by the Speaker of the House of Representatives of written requests therefor signed by three-fifths of all the members of the House of Representatives.
The proclamation of the President of the Senate and the Speaker of the House convening an extra session shall state the purpose of the session, and the session shall be limited to the subjects stated in the proclamation.  An extra session shall be limited to 20 legislative days."
Sec. 2.  Section 5(7) of Article III of the Constitution of North Carolina reads as rewritten:
"(7)	Extra sessions.  The Governor may, on extraordinary occasions, by and with the advice of the Council of State, convene the General Assembly in extra session by his proclamation, stating therein the purpose or purposes for which they are thus convened. An extra session shall be limited to 20 legislative days."
Sec. 3.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the next statewide general election, statewide primary election, or the next statewide election, whichever is earlier.  That election shall be conducted under the laws then governing elections.
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 limiting the duration of regular sessions of the General Assembly to 120 legislative days in odd-numbered years and 30 legislative days in even-numbered years, and limiting extra sessions to 20 legislative days.
[]	AGAINST constitutional amendments limiting the duration of regular sessions of the General Assembly to 120 days in odd-numbered years and 30 legislative days in even-numbered years, and limiting extra sessions to 20 legislative days."
Those voters in favor of the amendments shall vote by marking an "X"or check mark in the square beside the statement beginning "FOR", and those opposed to the amendments 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 the rules prescribed by the State Board of Elections.
Sec. 5.  G.S. 120-11.1 reads as rewritten:
"§ 120-11.1.  Time of meeting.
The regular session of the Senate and House of Representatives in odd-numbered years shall begin at noon on the first Wednesday after the second Monday in February and shall extend for no more than 120 legislative days.  The regular session of the General Assembly in even-numbered years shall begin at noon on the first Wednesday after the second Monday in May and shall extend for no more than 30 legislative days."
Sec. 6.  If a majority of the votes cast thereon are in favor of the amendments set out in Sections 1 and 2, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the certified amendments among the permanent records of his office, and the amendments shall become effective January 1, 1993.  If the constitutional amendments are approved, Section 5 of this act becomes effective at the same time as the constitutional amendments.  If the amendments are not approved, Section 5 shall be of no effect.
Sec. 7.  This act is effective upon ratification.