NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION
CHAPTER 721
HOUSE BILL 663
AN ACT TO CREATE A LEGISLATIVE COUNCIL IN NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. There is hereby created a Legislative Council to consist of five Senators to be appointed by the President pro tempore of the Senate and five Representatives to be appointed by the Speaker of the House. The appointments from each house shall be subject to the approval of a majority vote of the members of that house. The President pro tempore of the Senate and the Speaker of the House shall be ex officio members of the Legislative Council. Provided, that when the President of the Senate has been elected by the Senate from its own membership, then the President of the Senate shall make the appointments of the Senate members of the Legislative Council, shall serve ex officio as a member of the Council and shall perform the duties otherwise vested in the President pro tempore by Sections 4 and 5 of this Act.
Sec. 2. Appointments to the Legislative Council shall be made prior to the close of each regular Session of the General Assembly. The term of office shall begin on the day of adjournment sine die of the Session at which the appointments were made, and shall end on the date when the next regular Session of the General Assembly convenes.
Sec. 3. Vacancies in the appointive membership of the Legislative Council occurring during a term shall be filled for the unexpired term by appointment by the officer who made the original appointment. Vacancies in the ex officio membership shall be filled for the unexpired term by election by the remaining members of the Council. Every vacancy shall be filled by a member of the same house as that of the person causing the vacancy.
Sec. 4. The Legislative Council shall elect a chairman and a vice-chairman and such other officers as it deems necessary. The President pro tempore of the Senate shall preside at the organizational meeting until a chairman has been elected. The Council may create committees consisting of its own members or other members of the General Assembly, or of other persons having special knowledge or competence as to particular matters, to study and report on assigned subjects. The Council shall adopt rules of procedure governing its meetings. Six members shall constitute a quorum of the Council.
Sec. 5. The first meeting of the Legislative Council shall be held at the call of the President pro tempore of the Senate in the State Legislative Building within fifteen (15) days after the appointment of the members. Thereafter the Council shall meet at such times and places as the Council may deem desirable, but in any event it shall meet at least once in each quarter of the calendar year. Every member of the General Assembly has the right to attend all sessions of the Council and its committees, and to present his views at the meeting on any subject under consideration.
Sec. 6. The Legislative Council may employ and fix the compensation of such personnel, including an executive secretary, as the Council may deem necessary for the execution of the functions of the Council and its committees. The Council may contract with any public or private agency or institution for staff services, and for assistance in performing research studies or collecting information.
Sec. 7. The Legislative Council or any committee thereof may call upon any department, agency, institution, or officer of the State or of any political subdivision thereof for such facilities and data as may be available, and these departments, agencies, institutions, and officers shall cooperate with the Council and its committees to the fullest possible extent.
Sec. 8. The Legislative Council has the following powers and duties:
(a) Pursuant to the direction of the General Assembly or either house thereof, to make or cause to be made such studies of and investigations into governmental agencies and institutions and matters of public policy as will aid the General Assembly in performing its duties in the most efficient and effective manner. In making these studies and investigations, the Council shall give priority to those subjects requested by the General Assembly.
(b) To report to the General Assembly the results of the studies made by or at the direction of the Council. The reports may be accompanied by the recommendations of the Council and bills to effectuate the recommendations.
(c) To provide legislative research facilities and personnel for the use of the committees and individual members of the General Assembly. The committees of the General Assembly shall have first priority in the use of these research facilities and personnel.
(d) Upon completion by the clerks of the Senate and House of their duties after the close of each Legislative Session, to assume custody of all equipment, records, materials and supplies in the possession of the clerks. Immediately prior to the convening of the next Session, the Council shall transfer all equipment, materials and supplies to the clerks of the respective houses.
(e) When the General Assembly is not in Session, to authorize the expenditure of funds appropriated to the General Assembly for the purchase, repair or maintenance of furniture, equipment, materials and supplies, and to contract for services needed by the General Assembly.
Sec. 9. The members of the Council of any committee established pursuant to this Chapter shall be paid twenty-five dollars ($25.00) for each day of meetings of the Council or a committee thereof attended by them, and in addition shall be reimbursed for all necessary travelling and other expenses incurred in the performance of their duties. All payments for purposes authorized by this Chapter shall be made by the State Treasurer upon written authorization of the chairman or the executive secretary of the Council, from funds appropriated to the General Assembly.
Sec. 10. If any provision of this Act is held invalid, such invalidity shall not affect other provisions of the Act which can be given effect without the invalid provision, and to this end the provisions of this Act are declared to be severable.
Sec. 11. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 12. This Act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 6th day of June, 1963.