GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	2 

SENATE BILL 21
State Personnel and State Government Committee Substitute Adopted 6/1/93

Short Title:  Constitutional Revision.	(Public)
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Sponsors:
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Referred to:  Appropriations
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January 28, 1993

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH THE CONSTITUTIONAL REVIEW COMMISSION TO STUDY PROPOSALS TO MAKE CHANGES IN THE STRUCTURE OF STATE GOVERNMENT IN NORTH CAROLINA, AND TO CREATE AN ELECTION LAWS REVIEW COMMISSION TO STUDY THE ELECTION LAWS OF THIS STATE, TO PROPOSE CHANGES TO CLARIFY THE PRESENT LAW AND OTHER NEEDED CHANGES, AND TO MAKE AN APPROPRIATION THEREFOR.
The General Assembly of North Carolina enacts:
PART 1.  CONSTITUTIONAL REVIEW COMMISSION.
Section 1.  The Constitutional Revision Study Commission is created.  The Commission shall consist of 30 members, to be appointed as follows:
(1) 	Six appointed by the Governor;
(2)	Four appointed by the Lieutenant Governor;
(3)	Four appointed by the President Pro Tempore of the Senate, no more than two of whom may, at the time of their appointment, be members of the General Assembly;
(4)	Four appointed by the Speaker of the House of Representatives, no more than two of whom may, at the time of their appointment, be members of the General Assembly;
(5)	Four appointed by the Chief Justice of the Supreme Court; and
(6)	One appointed by each member of the Council of State other than the Governor and Lieutenant Governor, which appointment may be the Council of State member or that member's designee.
Sec. 2.  The Commission shall study the following issues:
(1)	Gubernatorial succession;
(2)	Length of terms of office for the Governor and Lieutenant Governor;
(3)	Legislative confirmation of gubernatorial appointments;
(4)	Term limitations for members of the General Assembly and members of Congress;
(5)	Length of terms of office of members of the General Assembly;
(6)	Election of the Governor and Lieutenant Governor as a team either in the general election or both the general election and the nomination process;
(7)	The role of the Lieutenant Governor, including:
a.	Status as presiding officer of the Senate;
b.	Role in appointing other officers; and
c.	The need for the office itself;
(8)	The continued election of members of the Council of State other than the Governor and Lieutenant Governor;
(9)	Whether the Governor and other members of the Council of State should be elected in the same year as the President or on an off-year cycle;
(10)	The division of power among Council of State members; and
(11)	The manner of choosing the judiciary, including both the appellate and trial benches.
Sec. 3.  The President Pro Tempore of the Senate shall designate a cochair of the Commission and the Speaker of the House of Representatives shall designate a cochair of the Commission.
Sec. 4.  The Commission may provide for the selection of subcommittees to study the various areas it has been charged with reviewing.
Sec. 5.  The Commission shall submit a final report of its findings and recommendations to the General Assembly no later than 30 days after convening of the 1995 Session of the General Assembly by filing the report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.  Upon filing its final report, the Commission shall terminate.
Sec. 6.  The Commission, while in the discharge of official duties, may exercise all the powers provided for under the provisions of G.S. 120-19, and G.S. 120-19.1 through G.S. 120-19.4.  The Commission may meet at any time upon the joint call of the cochairmen.  The Commission may meet in the Legislative Building or the Legislative Office Building.
Sec. 7. Members of the Commission shall receive per diem, subsistence, and travel expenses at the rates provided by law.
Sec. 8. The Commission may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.   The Commission may employ or contract for the services of an executive director. The Legislative Services Commission, through the Legislative Administrative Officer, may assign professional staff to assist in the work of the Commission. The House of Representatives' and the Senate's Supervisors of Clerks may assign clerical staff to the Commission or committee, upon the direction of the Legislative Services Commission.  The expenses relating to clerical employees and staff of the Commission shall be borne by the Commission.
Sec. 9. When a vacancy occurs in the membership of the Commission, the vacancy shall be filled by the same appointing officer who made the initial appointment.
Sec. 10. All State departments and agencies and local governments and their subdivisions shall furnish the Commission with any information in their possession or available to them.
PART 2.  ELECTION LAWS REVIEW COMMISSION.
Sec. 11.  (a) There is created an Election Laws Review Commission to be composed of 15 members appointed as follows:
(1)	The President Pro Tempore of the Senate shall appoint five members: two from a list of four Senators submitted by the Senate Majority Leader, two from a list of four Senators submitted by the Senate Minority Leader, and a chair of a local board of elections;
(2)	The Speaker of the House of Representatives shall appoint five members: two from a list of four Representatives submitted by the House Majority Leader, two from a list of four Representatives submitted by the House Minority Leader, and a local supervisor of elections; and
(3)	The Governor shall appoint five members, two from a list of four submitted by the State Chair of the Democratic Party, two from a list of four submitted by the State Chair of the Republican Party, and a member of the State Board of Elections.
As used in this Part and unless otherwise clearly indicated, "Commission" shall refer to the Election Laws Review Commission.
(b)	The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each designate a cochair of the Commission from their appointees.  Either cochair may call the first meeting of the Commission.
(c)	Members shall serve until the termination of the Commission or, in case of a State legislator member, until the member either does not file for reelection to the General Assembly or is not reelected, whichever occurs first.  Vacancies shall be filled in the same manner as the original appointments were made.
Sec. 12.  The Election Laws Review Commission shall study thoroughly the election laws, policies, and procedures of the State, including those relating to campaign finance regulation and the appropriateness of their sanctions; the administration of those laws, policies, and procedures at the State and local levels and the responsibilities of those administrating these laws; and federal and state case rulings impinging on these laws, policies, and practices.  The Commission shall recommend changes to the law which will:
(1)	Clarify the present law by removing inconsistencies and outdated provisions, including those of dubious constitutionality;
(2)	Incorporate in the law any desirable uncodified procedures, practices and rulings of a general nature which have been implemented by the State Board of Elections and its Executive Secretary-Director;
(3)	Conform the law to State and federal case law and to any requirements of federal statutory law and regulation;
(4)	Ensure the efficient and effective administration of elections in this State;
(5)	Continue the impartial, professional administration of elections which the citizens of the State expect and demand; and 
(6)	Recodify the election laws, as necessary, to produce a comprehensive current statement of law and practice of elections in North Carolina.
Sec. 13.  With the prior approval of the Legislative Services Commission, the Legislative Administrative Officer shall assign professional and clerical staff to assist in the work of the Election Laws Review Commission.  Clerical staff shall be furnished to the Commission through the Offices of the House of Representatives and Senate Supervisors of Clerks.  The expenses of employment of the clerical staff shall be borne by the Commission.  With the prior approval of the Legislative Services Commission, the Election Laws Review Commission may hold its meetings in the State Legislative Building or the Legislative Office Building.
Sec. 14.  The Commission may submit an interim report of its findings and recommendations and the status of its work on or before the first day of the 1994 Regular Session of the 1993 General Assembly.  The Commission shall submit a final written report of its findings and recommendations on or before the convening of the 1995 Session of the General Assembly.  All reports shall be filed with the President Pro Tempore of the Senate and the Speaker of the House of Representatives, the Principal Clerks of the Senate and the House of Representatives, and the Legislative Librarian.  Upon filing its final report, the Commission shall terminate.
Sec. 15.  Members of the Commission shall be paid per diem, subsistence, and travel allowances as follows:
(1)	Commission members who are also members of the General Assembly, at the rate established in G.S. 120-3.1;
(2)	Commission members who are officials or employees of the State or local government agencies, at the rate established in G.S. 138-6;
(3)	All other Commission members, at the rate established in G.S. 138-5.
Sec. 16.  The State Board of Elections and its Executive Secretary-Director, local boards of election, and all other State departments and agencies, and local governments and their subdivisions shall cooperate with the Commission and, upon request, shall furnish to the Commission and its staff any information in their possession or available to them.
Sec. 17.  There is appropriated from the General Fund to the Legislative Services Commission for the work of the Election Laws Review Commission the sum of seventy-five thousand dollars ($75,000) for the 1993-94 fiscal year and the sum of seventy-five thousand dollars ($75,000) for the 1994-95 fiscal year.
PART 3. EFFECTIVE DATE.
Sec. 18.  This act becomes effective July 1, 1993.