Bill Text: NC S12 | 2013-2014 | Regular Session | Amended
Bill Title: Appoint Superintendent of Public Instruction
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-31 - Ref To Com On Rules and Operations of the Senate [S12 Detail]
Download: North_Carolina-2013-S12-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 12
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Short Title: Appoint Superintendent of Public Instruction. |
(Public) |
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Sponsors: |
Senators Tillman (Primary Sponsor); and Apodaca. |
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Referred to: |
Rules and Operations of the Senate. |
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January 31, 2013
A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION TO AUTHORIZE THE gOVERNOR TO APPOINT THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION.
The General Assembly of North Carolina enacts:
SECTION 1. Section 4(2) of Article IX of the North Carolina Constitution reads as rewritten:
"(2) Superintendent of Public Instruction. The Superintendent of Public Instruction shall be appointed by the Governor and shall be the secretary and chief administrative officer of the State Board of Education."
SECTION 2. Section 7(1) of Article III of the North Carolina Constitution reads as rewritten:
"(1) Officers. A Secretary of State, 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."
SECTION 3. G.S. 115C‑18 reads as rewritten:
"§ 115C‑18.
ElectionAppointment of Superintendent of Public Instruction.
The Superintendent of Public Instruction 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. His
term of office shall be four years and shall commence on the first day of
January next after election and continue until his successor is elected and
qualified.appointed by the Governor. The Governor shall make an appointment
to fill any vacancy in the office of the Superintendent of Public Instruction.If
the office of the Superintendent of Public Instruction 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 30 days after the vacancy has taken
place, and the person chosen shall hold the office for the remainder of the
unexpired term fixed in Article III, Sec. 7 of the Constitution of North
Carolina. When a vacancy occurs in the office 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 for any of the
causes stated herein, the Governor may appoint an interim officer to perform
the duties of that office until a person is appointed or elected pursuant to
Article III, Sec. 7 of the Constitution of North Carolina to fill the vacancy
and is qualified.
The time of the election of the Superintendent of Public
Instruction shall be in accordance with the provisions of Article 1 of
Subchapter I of Chapter 163 of the General Statutes.
The election, term and induction into office of the
Superintendent of Public Instruction shall be in accordance with the provisions
of G.S. 147‑4."
SECTION 4. G.S. 143A‑44.3 reads as rewritten:
"§ 143A‑44.3. Superintendent of Public Instruction; creation; transfer of powers and duties.
The office of the Superintendent of Public Instruction, as
provided for by Article III, Section 7Article IX, Section 4(2) of
the Constitution, and the Department of Public Instruction are transferred to
the Department of Public Instruction. The Superintendent of Public Instruction
shall be the Secretary and Chief Administrative Officer of the State Board of
Education, and shall have all powers and duties conferred by the Constitution,
by the State Board of Education, Chapter 115C of the General Statutes, and the
laws of this State."
SECTION 5. 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, a Secretary of State, 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 6. G.S. 147‑11.1 reads as rewritten:
"§ 147‑11.1. Succession to office of Governor; Acting Governor.
…
(b) President of Senate, Speaker of the House and Other Officers. –
(1) If, by reason of failure to qualify, death,
resignation, or removal from office, there is neither a Governor nor a
Lieutenant Governor to discharge the powers and duties of the office of
Governor, then the President of the Senate shall, upon his resignation
as President of the Senate and as Senator, become Governor.
(2) If, at the time when under subdivision (1) of this
subsection the President of the Senate is to become Governor, there is no
President of the Senate, or the President of the Senate fails to qualify as
Governor, then the Speaker of the House of Representatives shall, upon his
resignation as Speaker and as Representative, become Governor.
(3) If, at the time when under subdivision (2) of this
subsection the Speaker of the House of Representatives is to become Governor,
there is no Speaker of the House of Representatives, or the Speaker of the
House of Representatives fails to qualify as 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 Governor, shall, upon his resignation of
the office which places him the officer in the order of
succession, become Governor: Secretary of State, Auditor, Treasurer, Superintendent
of Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance.
(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 President of the Senate shall become Acting Governor.
(2) If, at the time when under subdivision (1) of this subsection the President of the Senate is to become Acting Governor, there is no President of the Senate, or the President of the Senate fails to qualify as Acting Governor, then the Speaker of the House of Representatives shall become Acting Governor.
(3) If, at the time when under subdivision (2) 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: Secretary of State, Auditor, Treasurer, Superintendent of
Public Instruction, Attorney General, Commissioner of Agriculture,
Commissioner of Labor, and Commissioner of Insurance.
…."
SECTION 7. G.S. 163‑1(d) reads as rewritten:
"(d) If primaries for the State Senate or State House of Representatives are temporarily moved from the date provided in subsection (b) of this section for any election year, all primaries shall be held on the same day.
OFFICE JURISDICTION DATE OF ELECTION TERM OF OFFICE
Governor State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Lieutenant State Tuesday next after Four years, from
Governor the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Secretary of State Tuesday next after Four years, from
State the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Auditor State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Treasurer State Tuesday next after Four years, from
the first Monday first day of
in November 1968 January next
and every four after election
years thereafter
Superinten‑ State Tuesday
next after Four years, from
dent of the
first Monday first day of
Public in
November 1968 January next
Instruction and
every four after election
years
thereafter
…."
SECTION 8. G.S. 163‑8 reads as rewritten:
"§ 163‑8. Filling vacancies in State executive offices.
If the office of Governor or Lieutenant 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 histhat officer's successor is
elected and qualified: Secretary of State, 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 9. 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, Secretary of State,
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 10. G.S. 163‑278.95 reads as rewritten:
"§ 163‑278.95. Purpose and establishment of Voter‑Owned Elections Act.
The purpose of this Article is to ensure the vitality and
fairness of democratic elections in North Carolina to the end that any eligible
citizen of this State can realistically choose to seek and run for public
office. It is also the purpose of this Article to protect the constitutional
rights of voters and candidates from the detrimental effects of increasingly
large amounts of money being raised and spent in North Carolina to influence
the outcome of elections. It is essential to the public interest that the
potential for corruption or the appearance of corruption is minimized and that
the equal and meaningful participation of all citizens in the democratic
process is ensured. Accordingly, this Article establishes the North Carolina
Voter‑Owned Elections Fund as an alternative source of campaign financing
for candidates who obtain a sufficient number of qualifying contributions from
registered voters and who voluntarily accept strict fund‑raising and
spending limits. This Article is available to candidates for the Council of
State offices of Auditor, Superintendent of Public Instruction,Auditor
and Commissioner of Insurance in elections to be held in 2008 and thereafter."
SECTION 11. G.S. 163‑278.96(12) reads as rewritten:
"(12) Office. – The Council of State offices of Auditor,
Superintendent of Public Instruction, Auditor and Commissioner of
Insurance."
SECTION 12. The amendments set out in Sections 1 and 2 of this act shall be submitted to the qualified voters of the State at a statewide election to be conducted on November 4, 2014, 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 to make the Superintendent of Public Instruction a position appointed by the Governor."
SECTION 13. 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 Secretary of State shall enroll the amendments so certified among the permanent records of that office. The amendments set out in Sections 1 and 2 of this act shall become effective January 1, 2017, except that there shall be no election held to fill the office of Superintendent of Public Instruction for a term beginning on or after December 31, 2016.
SECTION 14. Sections 3 through 11 of this act become effective only if the qualified voters approve the constitutional amendments set out in Sections 1 and 2 of this act. If the voters approve the constitutional amendments, Sections 3 through 11 of this act become effective January 1, 2017. The remainder of this act is effective when the act becomes law.
