GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 244 

Short Title:  Veto.	(Public)
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Sponsors: Senator Staton.
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Referred to:  Constitution.
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March 20, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR A REFERENDUM IN NOVEMBER 1992 TO AMEND THE CONSTITUTION TO PROVIDE FOR A GUBERNATORIAL VETO REQUIRING A THREE-FIFTHS VOTE TO OVERRIDE.
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)	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.  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."
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 general election to be held in November of 1992, 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 amendment granting veto power to the Governor.
[]	AGAINST constitutional amendment granting veto power to 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.  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.  The constitutional amendments proposed by Sections 1 and 2 of this act become effective January 1, 1993.
Sec. 6.  This act is effective upon ratification.