GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	3 

SENATE BILL 8
Judiciary II Committee Substitute Adopted 2/23/99
Third Edition Engrossed 2/24/99

Short Title:  Session Limits Implementing.	(Public)

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Sponsors:

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Referred to:  

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January 28, 1999

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT AN ACT TO  AMEND THE CONSTITUTION TO LIMIT THE LENGTH OF LEGISLATIVE SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR MEMBERS OF THE SENATE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 120-11.1 reads as rewritten:
"§ 120-11.1.  Time of meeting.
The regular session of the Senate and House of Representatives shall be held biennially beginning at 12:00 noon on the first Wednesday in December next after their election."
Section 2.  G.S. 163-1 is amended in the table by rewriting the "DATE OF ELECTION"entries for State Senator to read: "Tuesday next after the first Monday in November 2002 and every four years thereafter".
Section 3.  G.S. 163-1 is further amended in the table by rewriting the "TERM OF OFFICE"entries for State Senator to read: "Four years".
Section 4.  G.S. 163-11(a) reads as rewritten:
"(a)	If a vacancy shall occur in the General Assembly by death, resignation, or otherwise than by expiration of term, the Governor shall immediately appoint for the unexpired part of the term the person recommended by the political party executive committee provided by this section. The Governor shall make the appointment within seven days of receiving the recommendation of the appropriate committee. If the Governor fails to make the appointment within the required period, he shall be presumed to have made the appointment and the legislative body to which the appointee was recommended is directed to seat the appointee as a member in good standing for the duration of the unexpired term.
Notwithstanding the previous paragraph, if the vacancy in the Senate occurs more than 60 days prior to the next statewide election which is not the election at which a successor is to be elected for a full four-year term, then at that election a person shall be elected within the district as it was constituted at the original election to serve the remainder of the unexpired term, and the person appointed by the Governor under the previous paragraph shall serve only until the results of the election are certified."
Section 5.  G.S. 163-115 reads as rewritten:
"§ 163-115. Special provisions for obtaining nominations when vacancies occur in certain offices.
(a)	If a vacancy occurs in the office of the clerk of superior court, otherwise than by expiration of the term, or if the people fail to elect, the vacancy shall be filled as provided in Sec. 9(3) of Article IV of the North Carolina Constitution. If the vacancy occurs after the time for filing notice of candidacy in the primary has expired in a year when a regular election is not being held to elect a clerk of the superior court by expiration of term, then the county executive committee of each political party shall nominate a candidate whose name shall appear on the general election ballot. The candidate  elected in the general election shall serve the unexpired portion of the term of the person causing the vacancy.
(b)	In the event a special election is called to fill a vacancy in the  State's delegation in the United States House of Representatives, the  provisions of G.S. 163-13 shall apply.
(c)	If a vacancy occurs in an elective State or district office (other than member of the United States House of Representatives) during the period opening 10 days before the filing period for the office ends and closing 30 days before the ensuing general election, a nomination shall be made by the proper executive committee of each political party as provided in G.S. 163-114, and the names of the nominees shall be printed on the general election ballots.
(d)	If a vacancy occurs on a county board of commissioners and G.S. 153A-27 or G.S. 153A-27.1 requires that a person shall be elected to the seat vacated for the remainder of the unexpired term, and the vacancy occurs:
(1)	Beginning on the tenth day before the filing period ends under G.S. 163-106(c), a nomination shall be made by the county executive committee of each political party and the names of the nominees shall be printed on the general election ballots.
(2)	Prior to the tenth day before the filing period ends under G.S. 163-106(c), nominations shall be made by primary election as provided by this Article.
(e)	If a vacancy occurs in the office of United States Senator, and the vacancy occurs:
(1)	Beginning on the tenth day before the filing period ends under G.S. 163-106(c), a nomination shall be made by the State executive committee of each political party and the names of the nominees shall be printed on the general election ballots.
(2)	Prior to the tenth day before the filing period ends under G.S. 163-106(c), nominations shall be made by primary election as provided by this Article.
(f)	If a vacancy occurs in the office of State Senator, and the vacancy occurs:
(1)	Beginning on the tenth day before the filing period ends under G.S. 163-106(c), a nomination shall be made by the appropriate county (if the district consists of all of one county) or district executive committee of each political party, and the names of the nominees shall be printed on the general election ballots.
(2)	Prior to the tenth day before the filing period ends under G.S. 163-106(c), nominations shall be made by primary election as provided by this Article."
Section 6.(a)	Section 1 of this act shall take effect only upon approval of the voters of the constitutional amendments set forth in Sections 1 and 2 of AN ACT TO AMEND THE CONSTITUTION TO LIMIT THE LENGTH OF LEGISLATIVE SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR MEMBERS OF THE SENATE.  If the constitutional amendments proposed in those sections are approved by the voters, Section 1 of this act becomes effective with respect to members of the General Assembly elected in 2000.
Section 6.(b)	Sections 2 through 5 of this act shall take effect only upon approval of the voters of the constitutional amendments set forth in Sections 3 through 5 of AN ACT TO AMEND THE CONSTITUTION TO LIMIT THE LENGTH OF LEGISLATIVE SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR MEMBERS OF THE SENATE.  If the constitutional amendments proposed in those sections are approved by the voters, Sections 2 through 5 become effective with respect to Senators elected in 2002.
Section 7.  This act is effective when it becomes law.