THE CONSTITUTION OF THE NORTH CAROLINA STUDENT LEGISLATURE

AS PASSED BY THE OCTOBER INTERIM COUNCIL OF THE 69TH LEGISLATIVE

YEAR, 2005
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ARTICLE I: TITLE

2 Section 1. This document shall be known as "The Constitution of the NORTH CAROLINA
3 STUDENT LEGISLATURE" which is organized for the purposes stated in its Corporate Charter.
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ARTICLE II: MEMBERSHIP

Section 1. ELIGIBILITY. All undergraduate students who are actively participating and
currently enrolled as full time students at institutions of higher learning in the state of North
Carolina shall be eligible for membership except as provided in this Constitution or the Bylaws.
Extenuating circumstances will be determined by the Judiciary Committee.
Section 2. INTERNSHIP. All students of high schools in the state of North Carolina shall be
eligible for an internship except as otherwise provided in this Constitution or the Bylaws. Interns
may not vote on any internal resolution, or any amendment to the Constitution, Bylaws, or the
Corporate Charter of the NORTH CAROLINA STUDENT LEGISLATURE. Interns may vote on
general resolutions that come before the body in regular plenary, but may not be a candidate for
any office in the NORTH CAROLINA STUDENT LEGISLATURE, nor shall any intern serve as
an officer of the NORTH CAROLINA STUDENT LEGISLATURE in any capacity. No intern
shall be a voting member of any committee except the Committee of Interns. The Council of State
may create whatever rules it deems necessary for the proper regulation of the internship program.
Section 3. SENIOR DELEGATES. All graduate students in the state of North Carolina shall be
eligible for membership as Senior Delegates except as otherwise provided in this Constitution or
Bylaws. Senior Delegates shall be members of the NORTH CAROLINA STUDENT
LEGISLATURE and shall have all rights of membership except those of holding statewide office.

23 Section 3. NONDISCRIMINATION. The NORTH CAROLINA STUDENT LEGISLATURE

24 shall not deny membership or internship to any eligible person on the basis of race, religion, color,
25 age, sex, handicap, political affiliation, national origin, or sexual orientation.
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Section 4. GOOD STANDING. A member or intern shall be in good standing if he or she

belongs to a duly chartered delegation, has met his or her obligations to NORTH CAROLINA
STUDENT LEGISLATURE, has attained full time status as a student for the present academic
year and has not had his or her membership or internship suspended or revoked. Those persons
not in good standing shall have no rights within the organization.
ARTICLE III: OFFICERS

32 Section 1. COUNCIL OF STATE. Subsection 1. There shall be a Council of State, which shall
33 consist of the Governor, Lieutenant Governor, Attorney General, Secretary of State, and the
34 Treasurer.

35 Subsection 2. The Council of State shall serve as an advisory cabinet to the Governor and shall
36 have any further powers which may be granted to it by this Constitution, the Bylaws of the
37 NORTH CAROLINA STUDENT LEGISLATURE, Inc., or any Standing Rules.
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Subsection 3. The Council of State shall meet anywhere in the state of North Carolina at the call
of the Governor, or at the request of any three of its members. A notice of not less than five
business days will be required shall be required for an official meeting to occur. Online meetings
and meetings by conference call of the Council of State shall be considered official if they meet the
stipulated requirements otherwise provided in the Constitution, Bylaws, and Standing Rules of
Order.

44 Subsection 4. All members of the Council of State shall be elected except for the Treasurer, who
45 shall be nominated by the Governor and approved by the Council of State.
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Subsection 5. A quorum for the Council of State shall consist of either the Governor and two
other members, or in the absence of the Governor not less than three members.
Subsection 6. Primary assistants to Council of State officers may count as full members at
meetings only if the full time officer provides a written note stipulating that their primary assistant
can be considered as a full member in their absence. Primary assistants shall need such a note at
each meeting that the issue arises, and are not to be considered as Acting Council of State officers
outside of the Council of State meeting except as stipulated in writing by the Council of State
officer that they are assistant to. The Assistant to the Governor may never count as a full member
in the absence of the Governor as the Lieutenant Governor serves in this capacity in the absence
of the Governor. Forgery and/or violation of these stipulations is grounds for immediate judicial
hearings on the status of future membership in the NORTH CAROLINA STUDENT
LEGISLATURE.

59 Subsection 7. The Council of State shall appoint the Treasurer during the first regular meeting of
60 the Interim Council and this appointment shall require a majority concurrence of the Council of
61 State before it shall take effect.
62 Section 2. BOARD OF DIRECTORS. Subsection 1. The Board of Directors shall consist of
63 the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Councilors,
64 all Delegate Chairpersons and all Committee Chairmen.
65 Subsection 2. The Board of Directors shall manage the daily business affairs of the corporation,
66 and shall officially represent the NORTH CAROLINA STUDENT LEGISLATURE, Inc. as its
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68 Subsection 3. The Board of Directors may not amend, suspend or violate any rule of the NORTH
69 CAROLINA STUDENT LEGISLATURE, nor may it enter into any agreement which requires or
70 prohibits any statement of opinion by the NORTH CAROLINA STUDENT LEGISLATURE.
71 Section 3. QUALIFICATIONS. All officers must be members of duly chartered delegations
72 and fulfill any other standards set forth in the Constitution, Bylaws, or Standing Rules along with
73 satisfying any other requirements established by a two-thirds vote of the Interim Council.
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Section 4. OFFICE OF THE GOVERNOR. Subsection 1. The executive power shall be

vested in the Governor, who shall organize and administer the organization; serve as chairperson
of the Interim Council, the Council of State, and the Board of Directors; make the appointments
specified in the Constitution and Bylaws; and call and preside over all Plenary Sessions. The
Governor shall be responsible for submitting an annual budget proposal to the Board of Directors
and for setting the agenda for each meeting of the Interim Council, which shall be subject to the
approval of the Delegation Chairperson of the hosting delegation and the Councilor of the district
in which the host delegation is situated.

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Subsection 2. All Gubernatorial appointments shall require a majority concurrence of the Council
of State. These appointments shall be made during the meeting of the Interim Council or Plenary
Session immediately following the creation of the vacancy to be filled, unless the Council of State
expressly permits the Governor to postpone making any specific appointments.

86 Subsection 3. The Governor may appoint an Executive Secretary who shall assist the Governor
87 with correspondence and perform whatever other duties the Governor may direct.
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Subsection 4. The Governor shall be responsible for continually evaluating the structure, spirit,
and direction of the NORTH CAROLINA STUDENT LEGISLATURE. In addition, the
Governor shall be responsible for initiating, reviewing, recommending, and assisting in the
implementation of short and long term objectives for the continued development of the NORTH
CAROLINA STUDENT LEGISLATURE.

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Subsection 5. The Governor shall be required to submit to the body, at the second Interim
Council following Annual Session, a complete budget, including a business plan enumerating the
fund raising goals and other planned financial initiatives for the current legislative year and
recommendations for the goals for the next four legislative years.

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Section 5. OFFICE OF THE LIEUTENANT GOVERNOR. Subsection 1. The Lieutenant

Governor shall assume the office of Governor should it become vacant; assist the Governor in
performing his or her duties; preside over the Interim Council, the Council of State, or the Board
of Directors in the absence of the Governor; preside over the Senate; and coordinate the Annual
Session.

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Subsection 2. The Lieutenant Governor shall be responsible for the appointment of

chairpersons of the Awards and Session Committees subject to the majority concurrence of the
Council of State. The Lieutenant Governor may choose to serve in the dual role of Chairperson
with the majority concurrence of the Council of State but may not serve concurrently as Awards
Committee Chairperson.

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Subsection 3. In the event where the office of Governor is vacant and the Lieutenant
108 Governor wishes not to assume the Office of Governor, a special election may be held
109 immediately following the vacancy.
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Section 6. OFFICE OF THE ATTORNEY GENERAL. Subsection 1. The Attorney General

shall advise the Governor on rules and procedures of parliamentary law, preside over the Judiciary
Committee and the Elections Board, maintain a copy of the official documents of the NORTH
CAROLINA STUDENT LEGISLATURE and a copy of the records concerning the chartering of

114 delegations and their constitutions, and supply each delegation with an updated copy of the
115 Articles of Incorporation, Constitution, Bylaws, and Standing Rules.
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Subsection 2. The Attorney General shall be responsible for keeping order in the Interim Council
and Plenary Session which includes keeping debate germane, maintaining decorum, and
monitoring speaking limits. In the event any member is ruled out of order or in violation of any
part of the Constitution, Bylaws, or Standing Rules and continues to do so, the Attorney General
along with the Sergeant at Arms must escort that member out and bar them from any further
participation for the rest of that day or until compliance is ascertained.

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Section 7. OFFICE OF THE SECRETARY OF STATE. Subsection 1. The Secretary of

State shall maintain the files and a copy of the official documents of the NORTH CAROLINA
STUDENT LEGISLATURE; record the business conducted at meetings of the Interim Council
and the Plenary Session; compile an accurate record of the members of the NORTH CAROLINA
STUDENT LEGISLATURE, to include their names, addresses, and whatever other information
the Secretary of State deems necessary, and forward such records to the Delegation Chairperson
of each delegation; maintain and oversee all records concerning the chartering of delegations and
the expiration of charters; and supervise the written communication of the organization.

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Subsection 2. The Secretary of State shall compile a compendium of legislation, to include all of
the bills and resolutions adopted by the Interim Council, Plenary Session, and Annual Session
during the term of office. The compendium shall be composed in its final form and submitted no
later than sixty days after the close of the legislative year from which the compendium was
compiled.

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Subsection 3. The Secretary of State shall coordinate any politically nonpartisan analysis, study,
or research conducted by the NORTH CAROLINA STUDENT LEGISLATURE and approved by
the Interim Council or Plenary Session. The Secretary of State may make no independent policy
decision on behalf of the NORTH CAROLINA STUDENT LEGISLATURE, Inc.

139 Subsection 7. The Secretary of State shall be responsible for maintaining an accurate history of
140 the organization, for filing a report containing a history of the current legislative year, and for
141 compiling an accurate list of NORTH CAROLINA STUDENT LEGISLATURE alumni.
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Section 8. OFFICE OF THE TREASURER. Subsection 1. The Treasurer shall be responsible

for monitoring and updating all financial affairs concerning the administration of the organization
and for keeping a permanent, accurate, and clear account of all receipts and expenditures. The
Treasurer shall submit a copy of his or her records to any delegate upon request and shall prepare
and present corporate quarterly and annual reports to the Council of State. The Treasurer shall
advise the Governor in preparing the annual budget and preside over the Finance Committee and
the Endowment Board.

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Subsection 2. The Treasurer shall approve or deny any reimbursements for any claims
against the NORTH CAROLINA STUDENT LEGISLATURE and to approve and deny any
expenditure on behalf of the NORTH CAROLINA STUDENT LEGISLATURE, along with
setting NORTH CAROLINA STUDENT LEGISLATURE and annual Session dues with a
majority concurrence of the Council of State.

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Subsection 3. The Treasurer shall have the right to review any delegations budget. A
155 notice of not less than five business days is required.
156 Section 9. DISTRICT COUNCILORS. Subsection 1. There shall be three Councilors: the
157 Western District Councilor, the Central District Councilor, and the Eastern District Councilor. All
158 Councilors shall be elected from districts apportioned by the Judiciary Committee.
159 Subsection 2. The Councilors shall be responsible for representing the views of their constituent
160 districts on all matters within meetings of the Board of Directors, and shall assist the Attorney
161 General in overseeing, assisting, and coordinating their constituent districts on these matters.
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Subsection 3. No person shall be a Councilor for any district other than the one to which their
delegation is a member. If at any time during a Councilors tenure he or she shall transfer to a
school that is not within their district, then that Councilor shall forfeit their office, after which
another Councilor will be immediately appointed.

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Subsection 4. The Councilors shall aid the State Recruitment Coordinator in promoting the
formation of new delegations and strengthening existing delegations within their respective
districts. They shall assist any new delegations in the preparation for their active participation in
NORTH CAROLINA STUDENT LEGISLATURE functions; orient new members of delegations
of NORTH CAROLINA STUDENT LEGISLATURE within their districts by explaining the
history, internal workings, and any other essential information of the NORTH CAROLINA
STUDENT LEGISLATURE to the new members.

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Section 10. ASSISTANTS. Subsection 1. Each officer on the Council of State may appoint an
assistant. The duties and powers of an assistant must be specified by the appointing officer and
approved by the Council of State. The appointing officer must submit to the officers of the
Council of State, in writing, an account of the duties and powers of an assistant within one month
of the appointment.

178 Subsection 2. All assistants shall serve until they are dismissed by the appointing officer or until
179 the end of the legislative year, whichever comes first.
180 Subsection 3. All assistants shall report to the Interim Council, through the office of the
181 appointing officer, an account of actions taken within the scope of that assistantship.
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Section 11. OATHES OF OFFICE. Before assuming office, each member of the Board of
Directors shall, in full view of the Interim Council or Plenary Session, take an oath or affirmation
that he or she will support the Constitution and Bylaws of the State of North Carolina, preserve,
protect and defend the Constitution, Bylaws, and Standing Rules of Order of NORTH
CAROLINA STUDENT LEGISLATURE, and faithfully perform the duties pertaining to the
office.

188 Section 12. TENURE. Officers shall begin their terms immediately upon being sworn in. They
189 shall hold office for one full legislative year or until their successors are chosen and installed.
190 Section 13. RULES OF ORDER. The Council of State may create any rules of order which it
191 deems necessary to the carrying of its powers into execution.
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ARTICLE IV: ANNUAL SESSION

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Section 1. DEFINITION. The NORTH CAROLINA STUDENT LEGISLATURE shall have an

annual convention called the Annual Session, at which it shall act as a model state legislature and
consider matters appropriate for action by the North Carolina General Assembly. The Annual
Session shall also hold elections for all elected offices and consider any pertinent and necessary
business pertaining to the organization.

198 Section 2. BICAMERAL LEGISLATURE. At the Annual Session there shall be two houses: a
199 Senate and a House of Representatives.
200 Section 3. REPRESENTATION. Subsection 1. Each delegation is entitled to two delegates
201 and two alternates in the Senate. Each delegation shall also be accorded up to forty delegates and
202 an unrestricted number of alternates in the House of Representatives.
203 Subsection 2. An official alternate shall have the same rights and privileges as a delegate when
204 acting in the place of a delegate.
205 Subsection 3. Each delegation shall have the right to determine how its delegates are chosen
206 subject to the restrictions in the Constitution and Bylaws.
207 Subsection 4. The Secretary of State shall certify the number and names of all official delegates
208 and alternates.
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Section 4. REGISTRATION. A delegate registered for the Annual Session may be seated only
if the registration fees and all other fees associated with being a delegate have been paid in
advance. The Council of State shall decide annually the times and places for Annual Session
registration.

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Section 5. PLENARY SESSION. Subsection 1. The House and Senate shall sit together as one
body in a Plenary Session at least twice during the Annual Session. The Plenary Session may elect
officers, grant, suspend, or revoke any delegation charters and consider any other necessary and
pertinent business.

217 Subsection 2. Each delegation shall be entitled to a number of votes equal to the total number of
218 its official delegates in the two houses.
219 Subsection 3. Quorum at a Plenary Session shall consist of a simple majority, one half plus one,
220 of the delegates registered for and attending Session.
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Subsection 4. The first Plenary Session shall be held at the opening of the Annual Session, and
during this session an official agenda for the Annual Session shall be adopted. This agenda shall
include: the earliest and latest times at which facilities shall be available to the two houses each
day; the time, manner, and location of the elections of officers of the NORTH CAROLINA
STUDENT LEGISLATURE, as outlined by the Elections Board and approved by the Interim
Council; and the time and location of the final Plenary Session.
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227 Subsection 5. The final Plenary Session shall be held after the final adjournment of the two
228 houses. This Plenary Session shall receive the yearly reports of the committees and officers,
229 install new officers, and present or receive official awards.
230 Section 6. QUORUM. Quorum for each house shall be defined as a simple majority of the
231 eligible registered delegates present at each opening roll call. A simple majority of those
232 registered, chartered schools must be present at the opening roll call.
233 Section 7. PRESIDING OFFICERS. Subsection 1. The Lieutenant Governor shall serve as
234 President of the Senate. The Senate shall elect a President Pro Tempore to serve in the President's
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236 Subsection 2. The Governor shall open the first meeting of the House of Representatives, which
237 shall then elect a Speaker of the House, who shall preside over the House, and a Speaker Pro
238 Tempore, who shall preside in the Speaker's absence.
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Section 8. OTHER OFFICERS. Each chamber shall select a Reading Clerk, a Principal Clerk,
a Sergeant-at-Arms, and whatever other officers each chamber shall deem necessary to the
execution of its business. The selection of officers shall be subject to the rules adopted by each
chamber, respectively.

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Section 9. CHAMBER RULES. Subsection 1. Each house shall adopt its own rules of order,
pursuant to guidelines adopted by the members of each house, respectively. Prior to the initial
adoption of rules by either house, each shall be bound respectively by the rules adopted by that
house during the previous session. No chamber may adopt any rule in conflict with the Articles of
Incorporation of the NORTH CAROLINA STUDENT LEGISLATURE, Inc., the Constitution, or
the Bylaws of the NORTH CAROLINA STUDENT LEGISLATURE. Furthermore, no campaign
literature for candidates pursuing election to public office shall be allowed openly on the floor of
either house.

251 Subsection 2. The quorum necessary in each house for the initial adoption of rules of order and
252 the election of officers shall be set at a majority of the total number of chartered delegations.
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Section 10. SUBMISSION OF LEGISLATION. Legislation shall be submitted at the Annual

Session by a method to be determined annually by the Interim Council. The Lieutenant Governor
shall present for approval a formula to the Interim Council regarding deadlines for submitting bill
topics, the number of bills to be presented by each delegation at Annual Session, and other factors
pertinent to Session legislation.

258 Section 11. PASSAGE OF LEGISLATION. Subsection 1. A majority vote is necessary to pass
259 a regular bill in either house. However, if a bill proposes an amendment to the North Carolina
260 Constitution, a three-fourths vote is necessary to pass the bill in either house.
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Subsection 2. If each house passes the same version of a bill, then that bill shall be submitted to
the Governor for approval or veto. In the event the house, which first considered the bill, fails to
concur any amendments placed on that bill by the other house, then that bill may be referred to a
conference committee to consider such matters as are indifference between the two houses. If
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265 each house adopts the report of its conferees, then the bill as amended shall be submitted to the
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Subsection 3. If the Governor approves a bill, it shall be considered passed by the Annual
Session. If the Governor does not veto a bill within twenty-four hours of when the Conference
Committee report is submitted to him or her, the bill shall be considered passed by the Annual
Session. If the Governor does not veto a bill before the adjournment of both houses, the bill shall
be considered passed by the Annual Session.

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Subsection 4. The Governor officially vetoes a bill by sending it to the house that originally
considered it with his or her objections to the bill. If that house overrides the veto, the bill shall
be sent with the objections to the other house. If the other house then overrides the veto, the bill
shall be considered passed by the Annual Session. A three-fourths vote is necessary to override a
veto in either house. If either house fails to override the veto, the bill shall be considered failed.

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ARTICLE V: INTERIM COUNCIL

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Section 1. DEFINITIONS. There shall be an Interim Council at which the membership of the
NORTH CAROLINA STUDENT LEGISLATURE may consider resolutions stating opinions on
issues of public concern, and consider any other pertinent business. When the Interim Council is
considering resolutions, which only state the opinion of the NORTH CAROLINA STUDENT
LEGISLATURE, all eligible persons shall have the rights of membership, including those of
voting and debating, normal restrictions not withstanding.

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Section 2. MEETINGS. The Interim Council shall have at least five regular meetings during the
legislative year. These meetings and special meetings may be called by a majority vote of the
Interim Council or by the Governor. A regular meeting shall last at least two days and may be
held no more than once per calendar month. Under exceptional circumstances a regular meeting
of the NORTH CAROLINA STUDENT LEGISLATURE may last for only one day with both a
majority vote of the Council of State and a majority vote of the Council of Delegate Chairpersons.
There shall be at least fourteen days previous notice of every regular meeting.

291 Section 3. QUORUM. Quorum shall be defined as a simple majority of the eligible registered
292 members present at the Interim Council meeting as determined by the opening roll call. A simple
293 majority of those delegations holding a full charter must be present at the opening roll call.
294 Section 4. REPRESENTATION. Subsection 1. The Interim Council shall at its first meeting of
295 the legislative year determine by a two-thirds vote the maximum number of votes granted to each
296 delegation. This maximum number shall remain in effect until changed.
297 Subsection 2. No delegate may cast more than one vote.
298 Subsection 3. A person shall be eligible for full voting privileges at the Interim Council provided
299 the following information is in the Secretary of State's possession: Full name, Address (home and
300 school), Phone number (home and school).

301 Subsection 4. Fees levied upon delegations shall affect voting privileges upon adjournment of the
302 second regular meeting of the Interim Council following the Governor's initial announcement of
303 state fees.
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ARTICLE VI: MISCELLANEOUS PROVISIONS

Section 1. PARLIAMENTARY AUTHORITY. The following authorities shall govern the
activities of the NORTH CAROLINA STUDENT LEGISLATURE in the following order of
precedence: the NORTH CAROLINA STUDENT LEGISLATURE Corporate Charter, the
Constitution, the Bylaws, any special rules adopted by NORTH CAROLINA STUDENT
LEGISLATURE, the current edition of Robert's Rules of Order Newly Revised, and executive
discretion.

311 Section 2. DEFINITION OF YEAR. A legislative and fiscal year shall end and begin at the
312 final adjournment of the Annual Session.
313 Section 3. DISSOLUTION. Upon dissolution of the NORTH CAROLINA STUDENT
314 LEGISLATURE, the Council of State in accordance with the Corporate Charter shall distribute
315 all assets.
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ARTICLE VII: AMENDMENT

317 Section 1. AMENDMENT. This Constitution may be amended by a three-fourths vote of the
318 Interim Council or Plenary Session only if fourteen days previous notice is given.
319 Section 2. RATIFICATION. This Constitution shall be ratified by a three-fourths vote of the
320 Interim Council or Plenary Session.