GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 39

Short Title:  Initiative, Referendum, Veto.	(Public)
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Sponsors: Representatives Brubaker; Arnold, J. Brown, Culp, Decker, Esposito, Flaherty, Hayes, Ives, Nichols, J. Preston, Russell, P. Wilson, and Wood.
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Referred to:  Constitutional Amendments and Referenda.
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February 3, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE TO THE PEOPLE THE POWER OF INITIATIVE AND REFERENDUM, AND TO PROVIDE FOR A GUBERNATORIAL VETO.
The General Assembly of North Carolina enacts:
PART I. INITIATIVE AND REFERENDUM
Section 1.  Article VI of the Constitution of North Carolina is amended by adding at the end three new sections to read:
"Sec. 11.  Initiative.
(1)	The initiative is the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.
(2)	An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by qualified voters equal in number to five percent (5%) in the case of a statute, and eight percent (8%) in the case of an amendment to the Constitution, of the votes for all candidates for Governor at the last gubernatorial election.
(3)	The measure shall be submitted in accordance with law at the next general election held at least 131 days after it qualifies or at any special statewide election held prior to that general election.  The Governor may call a special statewide election for the measure.
(4)	An initiative measure embracing more than one subject may not be submitted to the qualified voters or have any effect.
"Sec. 12.  Referendum.
(1)	The referendum is the power of the electors to approve or reject statutes or parts of statutes except statutes calling elections and statutes providing for tax levies or appropriations for usual current expenses of the State.
(2)	A referendum measure may be proposed by presenting to the agency provided by law, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to five percent (5%) of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors.
(3)	The measure shall be submitted in accordance with law at the next general election held at least 90 days after it qualifies or at a special statewide election held prior to that general election.  The Governor may call a special statewide election for the measure.
"Sec. 13.  Initiative and referendum; majority vote; effective date; conflicting measures; amendments and repeals; submission of petition to Attorney General; submission to electors.
(1)	An initiative statute or referendum approved by a majority of voters thereon takes effect upon certification by the agency provided by law to the Secretary of State.  Qualification of a referendum filed under Section 12 of this Article suspends the operation of the statute until the results are determined, but if a referendum petition is filed against a part of a statute, the remainder shall not be delayed from going into effect.
(2)	If provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail.
(3)	The General Assembly may amend or repeal referendum statutes.  It may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval.
(4)	Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General, who shall prepare a title and summary of the measure as provided by law.
(5)	The General Assembly shall provide by law the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the electors."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide general election in November of 1994.  That election shall be conducted under the laws then governing elections in this State.
Sec. 3.  At that election, each qualified voter presenting himself to vote shall be provided a ballot on which shall be printed the following:
"[]	FOR constitutional amendment giving the people the power of initiative and referendum to adopt or reject statutes and amendments to the Constitution.
[]	AGAINST constitutional amendment giving the people the power of initiative and referendum to adopt or reject statutes and amendments to the Constitution."
Voting machines may be used in the election.
Sec. 4.  If a majority of the votes cast thereon are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State, who shall enroll the amendment among the permanent records of his office.  The amendment shall become effective upon such certification.
PART II.  VETO
Sec. 5.  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. 6.  The amendment set forth in Section 5 of this act shall be submitted to the qualified voters of the State at the general election in November of 1994, which shall be conducted under the laws then governing elections in the State.
Sec. 7.  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. 8.  If a majority of votes cast thereon are in favor of the constitutional amendment set out in Section 5 of this act, then the State Board of Elections shall certify the amendment set out in Section 5 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, 1995.
Sec. 9.  This act is effective upon ratification.