GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	3

HOUSE BILL 1169
Committee Substitute Favorable 4/22/99
Third Edition Engrossed 4/28/99

Short Title:  Succession Technical Amendments.	(Public)

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Sponsors:

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Referred to:  

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING AMENDMENTS TO THE GUBERNATORIAL SUCCESSION ACT SO IT IS CLEAR THAT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES BECOMES ACTING GOVERNOR IN THE ABSENCE OR DISABILITY OF THE GOVERNOR AND LIEUTENANT GOVERNOR.
Whereas, the General Statutes provide that the President of the Senate is to become Acting Governor in the absence or disability of the Governor and Lieutenant Governor, with the Speaker of the House of Representatives being next in line; and
Whereas, while there is a Lieutenant Governor, the Lieutenant Governor is in fact President of the Senate so the provision can never apply; and
Whereas, if there is a Lieutenant Governor, then the President Pro Tempore does not become President of the Senate under Section 14 of Article II of the Constitution if the Lieutenant Governor is absent or disabled; and
Whereas, it has been unclear in practice who is next in line to be Acting Governor in the absence or disability of the Governor and Lieutenant Governor; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 147-11.1(c) reads as rewritten:
"(c)	Acting Governor Generally. –
(1)	If, by reason of absence from the State or physical or mental incapacity, there is neither a Governor nor a Lieutenant Governor qualified to discharge the powers and duties of the office of Governor, then the Speaker of the House of Representatives shall become Acting Governor.
	(3)	If, at the time when under subdivision (1) of this subsection the Speaker of the House of Representatives is to become Acting Governor, there is no Speaker of the House of Representatives, or the Speaker of the House of Representatives fails to qualify as Acting Governor, then that officer of the State of North Carolina who is highest on the following list, and who is not under disability to serve as Acting Governor, shall become Acting Governor: President Pro Tempore, Secretary of State, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance."
Section 2.  This act is effective when it becomes law.