NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1270

SENATE BILL 362

AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO REQUIRE CONVENING OF EXTRA SESSIONS OF THE GENERAL ASSEMBLY UPON REQUEST OF THREE-FIFTHS OF THE MEMBERS OF EACH HOUSE.

The General Assembly of North Carolina do enact:

Section 1.  The Constitution of North Carolina, as revised and amended pursuant to An Act to Revise and Amend the Constitution of North Carolina, H.B. 231, enacted as Chapter 1258 of the Session Laws of 1969, is amended by rewriting Article II, Sec. 11. thereof to read as follows: " Sec. 11. Sessions. "(1) Regular sessions. The General Assembly shall meet in regular session in 1973 and every two years thereafter on the day prescribed by law. Neither house shall proceed upon public business unless a majority of all of its members are actually present. "(2) Extra sessions on legislative call. The President of the Senate and the Speaker of the House of Representatives shall convene the General Assembly in extra session by their joint proclamation upon receipt by the President of the Senate of written requests therefor signed by three-fifths of all the members of the Senate and upon receipt by the Speaker of the House of Representatives of written requests therefor signed by three-fifths of all the members of the House of Representatives."

Sec. 2.  The Constitution of North Carolina, as that document read on January 1, 1969, is amended by adding at the end of Article II, Sec. 2, thereof the following new paragraph: "The President of the Senate and the Speaker of the House of Representatives shall convene the General Assembly in extra session by their joint proclamation upon receipt by the President of the Senate of written requests therefor signed by three-fifths of all the members of the Senate and upon receipt by the Speaker of the House of Representatives of written requests therefor signed by three-fifths of all the members of the House of Representatives."

Sec. 3.  The amendment set out in Sections 1 and 2 of this Act shall be submitted to the qualified voters of the State at the next general election. That election shall be conducted under the laws then governing elections in this State.

Sec. 4.  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 permitting three-fifths of the members of the General Assembly to convene extra sessions of the General Assembly."

"□    AGAINST constitutional amendment permitting three-fifths of the members of the General Assembly to convene extra sessions of the General Assembly."

Those qualified voters favoring the amendment set out in Sections 1 and 2 of this Act shall vote by marking an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to that amendment shall vote by making 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. 5.  If a majority of the votes cast thereon are in favor of the amendment set out in Sections 1 and 2 of this Act, and if a majority of the votes cast on the revision and amendment submitted to the qualified voters by An Act to Revise and Amend the Constitution of North Carolina are in favor of that revision and amendment, then the Governor shall certify the amendment set out in Section 1 of this Act under the Great Seal of the State to the Secretary of State, who shall enroll that amendment so certified among the permanent records of his office, and that amendment shall take effect as an amendment to the revised and amended Constitution of North Carolina on July 1 next after its ratification by the qualified voters.

Sec. 6.  If a majority of the votes cast thereon are in favor of the amendment set out in Sections 1 and 2 of this Act, and if a majority of the votes cast on the revision and amendment submitted to the qualified voters by An Act to Revise and Amend the Constitution of North Carolina are against that revision and amendment, then the Governor shall certify the amendment set out in Section 2 of this Act under the Great Seal of the State to the Secretary of State, who shall enroll that amendment so certified among the permanent records of his office, and that amendment shall take effect as an amendment to the present Constitution of North Carolina on July 1 next after its ratification by the qualified voters.

Sec. 7.  All laws and clauses of laws in conflict with this Act are repealed.

Sec. 8.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 2nd day of July, 1969.