GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1995
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Referred to: Judiciary I/Constitution.
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AN ACT TO PROVIDE FOR A REFERENDUM TO AMEND THE CONSTITUTION TO PROVIDE FOR A GUBERNATORIAL VETO.
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.
All bills and resolutions of a legislative nature shall be
read three times in each house before they become laws, and shall be signed by
the presiding officers of both houses.
(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) 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.
(6) 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.
(7) 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.
(8) 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, the Governor shall sign it and it shall become a law; but if not, the Governor shall return it with objections, together with a veto message stating the 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 of that house present and voting 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 of that house present and voting 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.
(9) 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 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 Section 5(11) of Article III of this Constitution for reconsideration of the bill, and if the Governor does not reconvene the session, the bill shall become law on the fortieth day after such adjournment.
(10) Return of bills after adjournment. For purposes of return of bills not approved by the Governor, each house shall designate an 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 subsection 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 members for the succeeding term."
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 a statewide general election to be held on November 7, 1995, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR [ ] AGAINST
Constitutional amendments granting veto power to the Governor".
Sec. 4. If a majority of votes cast on the question are in favor of the amendments set out in Sections 1 and 2 of this act, the State Board of Elections shall certify the amendments to the Secretary of State. The amendments become effective January 1, 1996. The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
Sec. 5. This act is effective upon ratification.