GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 941

Short Title:  Lt. Governor/Secretary of State.	(Public)

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Sponsors: Senator Rand.

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Referred to:  State Government, Local Government, and Personnel.

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April 17, 1997

A BILL TO BE ENTITLED
AN ACT TO  AMEND THE CONSTITUTION OF NORTH CAROLINA TO ABOLISH THE OFFICE OF SECRETARY OF STATE AND ASSIGN MOST OF ITS DUTIES ON THE LIEUTENANT GOVERNOR.
The General Assembly of North Carolina enacts:
Section 1.  Section 7 of Article III of the Constitution of North Carolina reads as rewritten:
"Sec. 7.  Other elective officers.
(1)	Officers.  An Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and a Commissioner of Insurance shall be elected by the qualified voters of the State in 1972 and every four years thereafter, at the same time and places as members of the General Assembly are elected.  Their term of office shall be four years and shall commence on the first day of January next after their election and continue until their successors are elected and qualified.
(2)	Duties.  Their respective duties shall be prescribed by law.
(3)	Vacancies.  If the office of any of these officers or the Office of the Lieutenant Governor is vacated by death, resignation, or otherwise, it shall be the duty of the Governor to appoint another to serve until his successor is elected and qualified.  Every such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired term fixed in this Section.  When a vacancy occurs in the office of any of the officers named in this Section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
(4)	Interim officers.  Upon the occurrence of a vacancy in the office of any one of these officers for any of the causes stated in the preceding paragraph, the Governor may appoint an interim officer to perform the duties of that office other than the duties of President of the Senate until a person is appointed or elected pursuant to this Section to fill the vacancy and is qualified.
(5)	Acting officers.  During the physical or mental incapacity of any one of these officers to perform the duties of his office, as determined pursuant to this Section, the duties of his office other than the duties of President of the Senate shall be performed by an acting officer who shall be appointed by the Governor.
(6)	Determination of incapacity.  The General Assembly shall by law prescribe with respect to those officers, other than the Governor, whose offices are created by this Article, procedures for determining the physical or mental incapacity of any officer to perform the duties of his office, and for determining whether an officer who has been temporarily incapacitated has sufficiently recovered his physical or mental capacity to perform the duties of his office.  Removal of those officers from office for any other cause shall be by impeachment.
(7)	Special Qualifications for Attorney General.  Only persons duly authorized to practice law in the courts of this State shall be eligible for appointment or election as Attorney General."
Section 2.  Section 14(1) of Article II of the Constitution of North Carolina reads as rewritten:
"(1)	President Pro Tempore - succession to presidency.  The Senate shall elect from its membership a President Pro Tempore, who shall become President of the Senate upon the failure of the Lieutenant Governor-elect to qualify, or upon succession by the Lieutenant Governor to the office of Governor, or upon the death, resignation, or removal from office of the President of the Senate, and who shall serve until the expiration of his term of office as Senator or the qualification of a Lieutenant Governor, whichever comes first."
Section 3.  The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at the general election in November 1998, 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 abolishing the office of Secretary of State and implementing statutes assigning most of the powers of the Secretary of State to the Lieutenant Governor."
Section 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 December 31, 2000.  The Secretary of State shall enroll the amendments so certified among the permanent records of that office.
Section 5. G.S. 147-35 is repealed.
Section 6.  Article 4 of Chapter 147 of the General Statutes is amended by adding  a new section to read:
"§ 147-34.1.  Lieutenant Governor ex officio Secretary of State.
The Lieutenant Governor is ex officio Secretary of State, except if the Lieutenant Governor is Acting Governor, then for the purpose of any act where the Secretary of State is to attest to or otherwise certify an act of the Acting Governor, then for that purpose the Attorney General is ex officio Secretary of State."
Section 7. (a) The Department of the Secretary of State, except for the administration of Chapter 78A of the General Statutes, the North Carolina Securities Act, is transferred to the Office of the Lieutenant Governor.  This transfer has the elements of a Type I transfer as defined by G.S. 143A-6(a).
(b) The functions of the Department of the Secretary of State for the administration of Chapter 78A of the General Statutes, the North Carolina Securities Act, are transferred to the Department of Justice.  This transfer has the elements of a Type I transfer as defined by G.S. 143A-6(a).
Section 8.  G.S. 78A-45(a) reads as rewritten:
"(a)	This Chapter shall be administered by the Attorney General. The Attorney General as Administrator may delegate all or part of the authority under this Chapter to the Deputy Securities Administrator including, but not limited to, the authority to conduct  hearings, make, execute and issue final agency orders and decisions. The Secretary of State may appoint such clerks and other assistants as may from time to time be needed."
Section 9.  G.S. 8-34 reads as rewritten:
"§ 8-34. Copies of official writings.
Copies of all official bonds, writings, papers, or documents, recorded or filed as records in any court, or public office, or lodged in the office of the Governor, Treasurer, Auditor, Lieutenant Governor, Attorney General, Adjutant General, or the State Department of Cultural Resources, shall be as competent evidence as the originals, when certified by the keeper of such records or writings under the seal of his office when there is such seal, or under his hand when there is no such seal, unless the court shall order the production of the original. Copies of the records of the board of county commissioners shall be evidence when certified by the clerk of the board under his hand and seal of the county."
Section 10.  G.S. 126-5(d)(1) reads as rewritten:
"(d)	(1)	General. – The Governor may designate as exempt policymaking positions, as provided below, in each of the following departments:
a.	Department of Administration;
b.	Department of Commerce;
c.	Department of Correction;
d.	Department of Crime Control and Public Safety;
e.	Department of Cultural Resources;
f.	Department of Human Resources;
g.	Department of Environment, Health, and Natural Resources;
h.	Department of Revenue; and
i.	Department of Transportation.
The Lieutenant Governor, the Auditor, the Treasurer, the Attorney General, the Commissioner of Agriculture, the Commissioner of Insurance, and the Labor Commissioner may designate as exempt policymaking positions, as provided below, in their respective offices. The State Board of Education may designate as exempt policymaking positions, as provided below, in the Department of Public Instruction."
Section 11.  G.S. 147-4 reads as rewritten:
"§ 147-4. Executive officers – election; term; induction into office.
The executive department shall consist of a Governor, a Lieutenant Governor, an Auditor, a Treasurer, a Superintendent of Public Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Insurance, and a Commissioner of Labor, who shall be elected for a term of four years, by the qualified electors of the State, at the same time and places, and in the same manner, as members of the General Assembly are elected. Their term of office shall commence on the first day of January next after their election and continue until their successors are elected and qualified. The persons having the highest number of votes, respectively, shall be declared duly elected, but if two or more be equal and highest in votes for the same office, then one of them shall be chosen by joint ballot of both houses of the General Assembly. Contested elections shall be determined by a joint ballot of both houses of the General Assembly in such manner as shall be prescribed by law."
Section 12.  G.S. 159-3(a) reads as rewritten:
"(a)	The Local Government Commission consists of nine members. The State Treasurer, the State Auditor, the Lieutenant Governor, and the Secretary of Revenue each serve ex officio; the remaining five members are appointed to four-year terms as follows: three by the Governor, one by the General Assembly upon the recommendation of the President Pro Tempore in accordance with G.S. 120-121, and one by the General Assembly upon the recommendation of the Speaker of the House in accordance with G.S. 120-121. Of the three members appointed by the Governor, one shall be or have been the mayor or a member of the governing board of a city and one shall be or have been a member of a county board of commissioners. The State Treasurer is chairman ex officio of the Local Government Commission. Membership on the Commission is an office that may be held concurrently with one other office, as permitted by G.S. 128-1.1."
Section 13.  G.S. 163-8 reads as rewritten:
"§ 163-8.  Filling vacancies in State executive offices.
If the office of Governor shall become vacant, the provisions of G.S. 147-11.1 shall apply. If the office of any of the following officers shall be vacated by death, resignation, or otherwise than by expiration of term, it shall be the duty of the Governor to appoint another to serve until a successor is elected and qualified: Lieutenant Governor, Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Each such vacancy shall be filled by election at the first election for members of the General Assembly that occurs more than 60 days after the vacancy has taken place, and the person chosen shall hold the office for the remainder of the unexpired four-year term: Provided, that when a vacancy occurs in any of the offices named in this section and the term expires on the first day of January succeeding the next election for members of the General Assembly, the Governor shall appoint to fill the vacancy for the unexpired term of the office.
Upon the occurrence of a vacancy in the office of any one of these  officers for any of the causes stated in the preceding paragraph, the Governor may appoint an acting officer to perform the duties of that office until a person is appointed or elected pursuant to this section and Article III, Section 7 of the State Constitution, to fill the vacancy and is qualified."
Section 14.  G.S. 163-278.27(b)(2) reads as rewritten:
"(2)	In the case of a candidate for nomination or election to the office of Governor, Lieutenant Governor, State Auditor, State Treasurer, State Superintendent of Public Instruction, State Attorney General, State Commissioner of Agriculture, State Commissioner of Labor, State Commissioner of Insurance, and all other State elective offices, Justice of the Supreme Court, Judge of the Court of Appeals, judge of a superior court, judge of a district court, and district attorney of the superior court: report to the district attorney of the prosecutorial district in which Wake County is located;".
Section 15.  Sections 5 through 14 of this act become effective only if the constitutional amendments proposed by Sections 1 and 2 of this act are approved by the voters as provided in Sections 3 and 4 of this act.  If they are approved, then Sections 5 through 14 of this act become effective January 1, 2001.
Section 16. This act is effective when it becomes law.