Const Amend: Legislative Terms/Compensation.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 856

Short Title: Const Amend: Legislative Terms/Compensation. (Public)
Sponsors: Senator Burgin (Primary Sponsor).
Referred to: Rules and Operations of the Senate
April 29, 2026
*S856-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AMEND THE CONSTITUTION OF NORT H CAROLINA TO MODIFY THE 2
TERMS OF MEMBERS OF THE GENERAL ASSEMBLY , THE COMPENSATION O F 3
MEMBERS OF THE GENERAL ASSEMBLY, AND THE LENGTH OF THE SESSIONS 4
OF THE GENERAL ASSEMBLY. 5
The General Assembly of North Carolina enacts: 6
7
PART I. COMPENSATION AND ALLOWANCE MODIFICATIONS 8
SECTION 1.(a) Section 16 of Article II of the Constitution of North Carolina reads 9
as rewritten: 10
"Sec. 16. Compensation Limitations on compensation and allowances. 11
(1) The members and officers of the General Assembly shall receive compensation for 12
their services the compensation and allowances prescribed by law. An increase in the 13
compensation or allowances of members shall become effective at the beginning of the next 14
regular session of the General Assembly following the session at which it was enacted. that is 15
equal to the average annual starting salary of North Carolina public school teachers paid from 16
State funds as determined by the Superintendent of Public Instruction which pay shall begin on 17
July 1 of each fiscal year. The members of the General Assembly shall receive per diem, 18
subsistence, and travel reimbursement that is consistent with similar allowances for State 19
employees. 20
(2) The officers of the General Assembly who are not members of the General Assembly 21
shall receive for their services the compensation and allowances prescribed by law." 22
SECTION 1.(b) The amendment set out in subsection (a) of this section shall be 23
submitted to the qualified vot ers of the State at the statewide general election to be held on 24
November 3, 2026, which election shall be conducted in accordance with the laws governing 25
elections at that time. The question to be used in the voting systems and ballots shall be: 26
"[ ] FOR [ ] AGAINST 27
Constitutional amendment to set the annual salary for members of the General 28
Assembly in an amount that is equal to the average salary for classroom teachers and to set the 29
travel, subsistence, and per diem rates at the rates paid for State employees." 30
SECTION 1.(c) The State Board of Elections shall certify the results of the 31
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 32
question are in favor of the amendment set out in subsection (a) of this sec tion, the Secretary of 33
State shall enroll the amendment among the permanent records of that office. If a majority of 34
votes cast on the question are against the amendment set out in subsection (a) of this section, the 35
amendment shall have no effect. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 856-First Edition
SECTION 1.(d) If the certification from the State Board of Elections under 1
subsection (c) of this section reflects that a majority of votes cast on the question are in favor of 2
the amendment set out in subsection (a) of this section, the amendment set out in sub section (a) 3
of this section is effective upon certification. 4
5
PART II. CONSECUTIVE TERM LIMIT 6
SECTION 2.(a) Article II of the Constitution of North Carolina is amended by 7
adding a new section to read: 8
"Sec. 25. Limitation of consecutive terms. 9
(1) No person shall be eligible to serve more than 1 6 consecutive years as a member of 10
the House of Representatives. A person disqualified by this section from election to the next 11
succeeding term as a member of the House of Representatives may not fill a vacancy in the House 12
of Representatives during that term. 13
(2) No person shall be eligible to serve more than 16 consecutive years as a member of 14
the Senate. A person disqualified by this section from election to the next succeeding term as a 15
member of the Senate may not fill a vacancy in the Senate during that term. 16
(3) Terms of office beginning before January 1, 20 27, shall not be considered for the 17
purpose of this section." 18
SECTION 2.(b) The amendment set out in subsection (a) of this section shall be 19
submitted to the qualified voters of the State at the statewide general election to be held on 20
November 3, 2026, which election shall be conducted in accordance with the laws governing 21
elections at that time. The question to be used in the voting systems and ballots shall be: 22
"[ ] FOR [ ] AGAINST 23
Constitutional amendment limiting members of the General Assembly to no more 24
than 16 consecutive years in a chamber." 25
SECTION 2.(c) The State Board of Elections shall certify the results of the 26
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 27
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 28
State shall enroll the amendment among the permanent records of that office. If a ma jority of 29
votes cast on the question are against the amendment set out in subsection (a) of this section, the 30
amendment shall have no effect. 31
SECTION 2.(d) If the certification from the State Board of Elections under 32
subsection (c) of this section reflects that a majority of votes cast on the question are in favor of 33
the amendment set out in subsection (a) of this section, the amendment set out in subsectio n (a) 34
of this section is effective upon certification. 35
36
PART III. INCREASE TERM LENGTH FOR SENATORS 37
SECTION 3.(a) Section 2 of Article II of the Constitution of North Carolina reads 38
as rewritten: 39
"Sec. 2. Number of Senators. 40
The Senate shall be composed o f 50 Senators, biennially quadrennially chosen by 41
ballot.ballot beginning in 2028." 42
SECTION 3.(b) Section 8 of Article II of the Constitution of North Carolina reads 43
as rewritten: 44
"Sec. 8. Elections. 45
The election for members of the General Assembly shall be held for the respective districts 46
in 1972 and every two years thereafter, 2028, at the places and on the day prescribed by law. 47
Thereafter, elections for members of the House of Representatives shall be held every two years 48
and elections for members of the Senate shall be held every four years." 49
SECTION 3.(c) Section 2(1) of Article III of the Constitution of North Carolina 50
reads as rewritten: 51
General Assembly Of North Carolina Session 2025
Senate Bill 856-First Edition Page 3
"(1) Election and term. The Governor and Lieutenant Governor shall be elected by the 1
qualified voters of the State in 1972 and every four years thereafter, at the same time and places 2
as members of the General Assembly Senate are elected. Their term of office shall be four years 3
and shall commence on the first day of January next after their election and continue until their 4
successors are elected and qualified." 5
SECTION 3.(d) Section 7 of Article III of the Constitution of North Carolina reads 6
as rewritten: 7
"Sec. 7. Other elective officers. 8
(1) Officers. A Secretary of State, an Auditor, a Treasurer, a Superintendent of Public 9
Instruction, an Attorney General, a Commissioner of Agriculture, a Commissioner of Labor, and 10
a Commissioner of Insurance shall be elect ed by the qualified voters of the State in 1972 and 11
every four years thereafter, at the same time and places as members of the General Assembly 12
Senate are elected. Their term of office shall be four years and shall commence on the first day 13
of January next after their election and continue until their successors are elected and qualified. 14
… 15
(3) Vacancies. If the office of any of these officers is vacated by death, resignation, or 16
otherwise, it shall be the duty of the Governor to appoint another to serve un til his successor is 17
elected and qualified. Every such vacancy shall be filled by election at the first election for 18
members of the General Assembly House of Representatives that occurs more than 60 days after 19
the vacancy has taken place, and the person chosen shall hold the office for the remainder of the 20
unexpired term fixed in this Section. When a vacancy occurs in the office of any of the officers 21
named in this Section and the term expires on the first day of January succeeding the next election 22
for members of the General Assembly, House of Representatives, the Governor shall appoint to 23
fill the vacancy for the unexpired term of the office. 24
…." 25
SECTION 3.(e) Section 18(1) of Article IV of the Constitution of North Carolina 26
reads as rewritten: 27
"(1) District Attorneys. The General Assembly shall, from time to time, divide the State 28
into a convenient number of prosecutorial districts, for each of which a District Attorney shall be 29
chosen for a term of four years by the qualified voters thereof, at the same time and places as 30
members of the General Assembly Senate are elected. Only persons duly authorized to practice 31
law in the courts of this State shall be eligible for election or appointment as a District Attorney. 32
The District Attorney shall advise the officers of justice in his district, be responsible for the 33
prosecution on behalf of the State of all criminal actions in the Superior Courts of his district, 34
perform such dutie s related to appeals therefrom as the Attorney General may require, and 35
perform such other duties as the General Assembly may prescribe." 36
SECTION 3.(f) Section 19 of Article IV of the Constitution of North Carolina reads 37
as rewritten: 38
"Sec. 19. Vacancies. 39
Unless otherwise provided in this Article, all vacancies occurring in the offices provided for 40
by this Article shall be filled by appointment of the Governor, and the appointees shall hold their 41
places until the next election for members of the General Assembly House of Representatives 42
that is held more than 60 days after the vacancy occurs, when elections shall be held to fill the 43
offices. When the unexpired term of any of the offices named in this Article of the Constitution 44
in which a vacancy has occurr ed, and in which it is herein provided that the Governor shall fill 45
the vacancy, expires on the first day of January succeeding the next election for members of the 46
General Assembly, House of Representatives, the Governor shall appoint to fill that vacancy for 47
the unexpired term of the office. If any person elected or appointed to any of these offices shall 48
fail to qualify, the office shall be appointed to, held and filled as provided in case of vacancies 49
occurring therein. All incumbents of these offices shall hold until their successors are qualified." 50
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 856-First Edition
SECTION 3.(g) The amendments set out in subsections (a) through (f) of this section 1
shall be submitted to the qualified voters of the State at the statewide general election to be held 2
on November 3, 2026, which election shall be conducted in accordance with the laws governing 3
elections at that time. The question to be used in the voting systems and ballots shall be: 4
"[ ] FOR [ ] AGAINST 5
Constitutional amendment to increase the terms for Senators from two to four years." 6
SECTION 3.(h) The State Board of Elections shall certify the results of the 7
referendum conducted under subsection (g) of this section. If a majority of votes cast on the 8
question are in favor of the amendments set out in subsections (a) through (f) of this section, the 9
Secretary of State shall enroll the amendments among the permanent records of that office. If a 10
majority of votes cast on the question are against the amendments set out in subsections (a) 11
through (f) of this section, the amendments shall have no effect. 12
SECTION 3.(i) If the certification from the State Board of Elections under 13
subsection (h) of this section reflects that a majority of votes cast on the question are in favor of 14
the amendments set out in subsections (a) through (f) of this section, the am endments are 15
effective upon certification. 16
17
PART IV. SESSION LENGTH LIMITATION 18
SECTION 4.(a) Section 11(1) of Article II of the Constitution of North Carolina 19
reads as rewritten: 20
"(1) Regular sessions. 21
(a) The General Assembly shall meet in regular session in 1973 and every two 22
years thereafter on the day prescribed by law. 23
(b) Odd-numbered years. – Beginning with the regular session in 2027, during an 24
odd-numbered year, the General Assembly shall remain in regular session for 25
no more than 120 calendar days, except that this period may be extended by 26
joint resolution once per regular session in an odd-numbered year for not more 27
than 10 calendar days. If the General Assembly, upon convening of the regular 28
session, meets initially for not more than two consecutive calendar days and 29
then adjourns for not less than 10 calendar days, that period of adjournment 30
shall be excluded from the 120 calendar days. 31
(c) Even-numbered years. – If the regular session meets in even-numbered years, 32
the General Assembly shall remain in regular session for no more than 90 33
calendar days, except that this period may be extended by joint resolution once 34
per regular session in an even-numbered year for not more than 10 calendar 35
days. 36
(d) Reconvened sessions called under Section 5 of Article III of this Constitution 37
and sessions required in response to orders of a court in which only matters 38
responding to the court order are considered shall be excluded from the 39
calculations of this section. 40
(e) Neither house shall proceed upon public business unless a majority of all of 41
its members are actually present. 42
(f) No valid action, other than a resolution of adjournment, may be taken by the 43
General Assembly in a regular session after the time limits prescribed in this 44
section have expired." 45
SECTION 4.(b) The amendment set out in subsection (a) of this section shall be 46
submitted to the qualified voters of the State at the statewide general election to be held on 47
November 3, 2026, which election shall be conducted in accordance with the laws governing 48
elections at that time. The question to be used in the voting systems and ballots shall be: 49
"[ ] FOR [ ] AGAINST 50
General Assembly Of North Carolina Session 2025
Senate Bill 856-First Edition Page 5
Constitutional amendment limiting the length of regular legislative sessions to 120 1
calendar days in odd-numbered years and 90 calendar days in even-numbered years." 2
SECTION 4.(c) The State Board of Elections shall certify the results of the 3
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 4
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 5
State shall enroll the amendment among the permanent records of that office. If a majority of 6
votes cast on the question are against the amendment set out in subsection (a) of this section, the 7
amendment shall have no effect. 8
SECTION 4.(d) If the certification from the State Board of Elections under 9
subsection (c) of this section reflects that a majority of votes cast on the question are in favor of 10
the amendment set out in subsection (a) of this section, the amendment set out in subsection (a) 11
of this section is effective upon certification. 12
13
PART V. SUSPENSION OF PAY WITHOUT BUDGET PASSAGE 14
SECTION 5.(a) Section 16 of Article II of the Constitution of North Carolina reads 15
as rewritten: 16
"Sec. 16. Compensation and allowances. 17
The members and officers of the General Assembly shall receive for their services the 18
compensation and allowances prescribed by law. An increase in the compensation or allowances 19
of members shall become effective at the beginning of the next regular session of the General 20
Assembly following the session at which it was enacted. If the General Assembly fails to ratify 21
by June 30 a comprehensive budget of the anticipated revenue and proposed expenditures of the 22
State for the ensuing fiscal period, the compensation and allowances of the members of the 23
General Assembly from July 1 until the earlier of the ratification of the comprehensive budget or 24
the commencement of the next regular session shall be forfeited." 25
SECTION 5.(b) The amendment set out in subsection (a) of this section shall be 26
submitted to the qualified voters of the State at the statewide general election to be held on 27
November 3, 2026, which election shall be conducted in accordance with the laws governing 28
elections at that time. The question to be used in the voting systems and ballots shall be: 29
"[ ] FOR [ ] AGAINST 30
Constitutional amendment to disallow the annual salary and other allowances for 31
members of the General Assembly if the General Assembly has not pas sed a budget by June 30 32
of a year for a period beginning July 1 and continuing until a budget is ratified or the term of the 33
Legislature ends, whichever occurs first." 34
SECTION 5.(c) The State Board of Elections shall certify the results of the 35
referendum conducted under subsection (b) of this section. If a majority of votes cast on the 36
question are in favor of the amendment set out in subsection (a) of this section, the Secretary of 37
State shall enroll the amendment among the permanent records of that offic e. If a majority of 38
votes cast on the question are against the amendment set out in subsection (a) of this section, the 39
amendment shall have no effect. 40
SECTION 5.(d) If the certification from the State Board of Elections under 41
subsection (c) of this section reflects that a majority of votes cast on the question are in favor of 42
the amendment set out in subsection (a) of this section, the amendment set out in subsection (a) 43
of this section is effective upon certification. 44
45
PART VI. EFFECTIVE DATE 46
SECTION 6. This act is effective when it becomes law. 47