SPEAKER/PRO TEM TERM LIMITS (NEW).

View NCGA Bill Details2011-2012 Session
House Bill 823 (Public) Filed Wednesday, April 6, 2011
TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION THE HEAD OF THE DEPARTMENT OF PUBLIC INSTRUCTION, TO MAKE THE STATE BOARD OF EDUCATION AN ADVISORY BODY, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION, AND TO MAKE CONFORMING CHANGES TO THE GENERAL STATUTES.
Intro. by Holloway.

Status: Conf Com Appointed (Senate Action) (Sep 14 2011)
H 823

Bill Summaries:

  • Summary date: Sep 12 2011 - More information

    Senate committee substitute deletes the provisions of the 3rd edition and replaces them with AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO LIMIT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE TO SERVICE FOR FOUR CONSECUTIVE TWO-YEAR TERMS IN THOSE OFFICES. Subject to approval by the voters at the November 6, 2012, general election, adds a new provision under Section 15 of Article II of the North Carolina Constitution, prohibiting a person from serving as Speaker of the House of Representatives (Speaker) for more than four consecutive General Assemblies. Provides that only service as Speaker for any part of an odd-numbered year constitutes service as Speaker for that General Assembly for the purposes of Section 15, as amended.
    Subject to approval by the voters at the November 6, 2012, general election, adds a new provision under Section 14 of Article II of the North Carolina Constitution, prohibiting a person from serving as President Pro Tempore (President Pro Tem) for more than four consecutive General Assemblies. Provides that only service as President Pro Tem for any part of an odd-numbered year constitutes service as President Pro Tem for that General Assembly for the purposes of Section 14, as amended.
    Provides that if the majority vote is in favor of the proposed amendments that (1) the State Board of Elections is to certify the amendments to the Secretary of State, and (2) the amendments become effective upon certification.


  • Summary date: Sep 12 2011 - More information

    Senate amendment makes the following changes to 4th edition. Provides that for the purpose of calculating the four consecutive terms limitation for the Speaker of the House of Representatives (Speaker), service as Speaker in any part of a two-year term of the General Assembly is counted as service as Speaker in that General Assembly (was, provided that only service as Speaker for any part of an odd-numbered year constituted service as Speaker for that General Assembly).
    Provides that for the purpose of calculating the four consecutive terms limitation for the President Pro Tempore of the Senate (President Pro Tem), service as President Pro Tem in any part of a two-year term of the General Assembly is counted as service as President Pro Tem in that General Assembly (was, provided that only service as President Pro Tem for any part of an odd-numbered year constituted service as President Pro Tem for that General Assembly).
    Deletes proposed amendments to Sections 14 and 15 of Article II of the NC Constitution, which provided that the initial convening of a regular session of the General Assembly after the members’ terms begin constitutes a new General Assembly for the purposes of Section 14 and 15 of Article II.


  • Summary date: May 25 2011 - More information

    House amendment makes the following changes to 2nd edition. Changes the proposed constitutional amendment to propose that the Governor will appoint the Chair of the State Board of Education (was, Superintendent to serve as Chair), and to eliminate the requirement that appointments by the Governor to the State Board of Education are subject to confirmation by the General Assembly and makes conforming changes. Modifies the provisions regarding appointment of members by the General Assembly to provide for appointments to be made as current at-large appointments expire.


  • Summary date: May 24 2011 - More information

    House committee substitute makes the following changes to 1st edition.
    Subject to approval by the voters at the May 8, 2012, statewide election (was, November 6, 2012 election), amends Section 4 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the chair and chief administrative officer of the State Board of Education (SBE), (2) require the Superintendent to appoint all state-level personnel necessary for the administration and supervision of the state’s public schools, (3) add a fourth at-large appointment to the SBE, (4) require that the General Assembly elect all at-large appointments, and (5) reduce the term of office for SBE members to overlapping terms of six years (was, made the Superintendent head of the Department of Public Instruction (DPI), made the State Board of Education (SBE) an advisory body, and served overlapping terms of eight years). Provides that if a majority of votes are cast in favor of these proposed constitutional amendments, then the amendments become effective January 1, 2013.
    Modifies the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, eight members appointed by the Governor, two members elected by the House of Representatives, and two members elected by the Senate (was, modified the membership of the SBE to include the Superintendent, the Lieutenant Governor, the Treasurer, three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate). Provides that vacancies are to be filled by the appointing or electing authority for the unexpired term, and that appointments made by the Governor to fill vacancies are not subject to confirmation by the General Assembly.
    Deletes the proposed conforming changes to multiple statutes, which transferred all the duties, powers, rights, and obligations of the SBE to the Superintendent and provided that the SBE serve as an advisory body to the Superintendent.
    Rewrites the title as AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO MAKE THE SUPERINTENDENT OF PUBLIC INSTRUCTION A MEMBER OF AND CHAIR OF THE STATE BOARD OF EDUCATION, TO REQUIRE THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO MAKE ALL STATE-LEVEL APPOINTMENTS NECESSARY FOR SUPERVISION AND ADMINISTRATION OF THE FREE PUBLIC SCHOOLS, TO MODIFY THE MEMBERSHIP OF THE STATE BOARD OF EDUCATION TO INCLUDE AN ADDITIONAL AT-LARGE MEMBER, TO REQUIRE THE GENERAL ASSEMBLY TO ELECT ALL AT-LARGE MEMBERS, AND TO CREATE A SIX-YEAR TERM OF OFFICE FOR STATE BOARD OF EDUCATION MEMBERS.


  • Summary date: Apr 8 2011 - More information

    Amendments to the Constitution. Subject to approval by the voters at the November 6, 2012 statewide election, amends Section 4 and Section 5 of Article IX of the North Carolina Constitution to (1) make the Superintendent of Public Instruction (Superintendent) the head of the Department of Public Instruction (DPI), (2) to make the State Board of Education (SBE) an advisory body, and (3) to modify the membership of the SBE to include the Lieutenant Governor, the Treasurer, Superintendent and three appointees by the Governor, four appointees by the Speaker of the House of Representatives, and four appointees by the President Pro Tempore of the Senate. Provides that if a majority of votes are cast in favor of these proposed constitutional amendments that the amendments become effective January 1, 2013. Under current law, the SBE is the head of DPI, the SBE is a decision making body with regards to public education, and the Governor appoints eleven members of the SBE, the additional members are the Lieutenant Governor and the Treasurer. Currently, the Superintendent serves as the secretary and chief administrative officer of the SBE.
    Conforming changes to the statutes. Amends GS 143A-44.2 to provide that all the duties, powers, rights, and obligations of the SBE are transferred to the Superintendent and that wherever the SBE is referred to by law, contract, or other document, that reference applies to the Superintendent. Amends GS 143A-44.3 to provide that the SBE as provided for by Article IX, Section 4 of the Constitution, as amended in this act, is located in the Department of Public Instruction. Also provides that the SBE is to serve in an advisory capacity to the Superintendent on the supervision and administration of the free public school system and educational funds provided for its support. Makes conforming changes to multiple Chapters of the General Statutes to reflect the proposed constitutional change in the powers, duties, and responsibilities of the Superintendent and the SBE, transferring the powers, duties, and responsibilities vested in the SBE to the Superintendent and identifying the Superintendent as the appropriate decision making authority with regards to the supervision and administration of the free public school system in this state and the educational funds provided for its support. Provides that these changes become effective only if the qualified voters approve the constitutional amendments set out in this act. Provides that if the voters approve the constitutional amendments, the conforming changes become effective January 1, 2013.


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