North Carolina § 120-37 - Elected officers; salaries; staff.

§ 120-37. Elected officers; salaries; staff.

At the convening of the first session of the General Assembly following each biennial election of members of the General Assembly, each house shall elect a principal clerk for a term of two years, subject to the condition that each officer shall serve at the pleasure of the house that elected him or her and until his or her successor is elected. The reading clerk and sergeant-at-arms of the Senate shall serve for terms of two years, subject to the condition that each serves at the pleasure of the Senate and until the officer's successor is elected. The reading clerk and sergeant-at-arms of the House of Representatives shall serve as provided in the rules of the House. (Effective until July 1, 2020) The sergeant-at-arms and the reading clerk in each house shall be paid a salary of four hundred forty-nine dollars ($449.00) per week plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return. The sergeants-at-arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission. The reading clerks shall serve during sessions only. (Effective July 1, 2020) The sergeant-at-arms and the reading clerk in each house shall be paid a salary of four hundred sixty dollars ($460.00) per week plus subsistence at the same daily rate provided for members of the General Assembly, plus mileage at the rate provided for members of the General Assembly for one round trip only from their homes to Raleigh and return. The sergeants-at-arms shall serve during sessions of the General Assembly and at such time prior to the convening of, and subsequent to adjournment or recess of, sessions as may be authorized by the Legislative Services Commission. The reading clerks shall serve during sessions only. (Effective until July 1, 2020) The principal clerks shall be full-time officers. Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of one hundred thirteen thousand eight hundred eighty-five dollars ($113,885), payable monthly. Each principal clerk shall also receive such additional compensation as approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, respectively, for additional employment duties beyond those provided by the rules of their House. The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and shall make appropriate recommendations for changes in those salaries. Any changes enacted by the General Assembly shall be by amendment to this paragraph. (Effective July 1, 2020) The principal clerks shall be full-time officers. Each principal clerk shall be entitled to other benefits available to permanent legislative employees and shall be paid an annual salary of one hundred sixteen thousand seven hundred thirty-two dollars ($116,732), payable monthly. Each principal clerk shall also receive such additional compensation as approved by the Speaker of the House of Representatives or the President Pro Tempore of the Senate, respectively, for additional employment duties beyond those provided by the rules of their House. The Legislative Services Commission shall review the salary of the principal clerks prior to submission of the proposed operating budget of the General Assembly to the Governor and shall make appropriate recommendations for changes in those salaries. Any changes enacted by the General Assembly shall be by amendment to this paragraph. The Legislative Services Commission may authorize additional full-time staff employees of the office of each principal clerk. The Speaker may assign to the Principal Clerk of the House additional duties for the periods between sessions and during recesses of the General Assembly. The President pro tempore of the Senate may assign to the Principal Clerk of the Senate additional duties for the periods between sessions and during recesses of the General Assembly. The principal clerks and the sergeants-at-arms may, upon authorization of the Legislative Services Commission, employ temporary assistants to prepare for each legislative session, serve during the session, and perform necessary duties following adjournment. Following adjournment sine die of each session of the General Assembly, each principal clerk shall retain in the clerk's office for a period of two years every bill and resolution considered by but not enacted or adopted by the clerk's house, together with the calendar books and other records deemed worthy of retention. At the end of two years, these materials shall be turned over to the Office of Archives and History of the Department of Natural and Cultural Resources for ultimate retention or disposition. thousand thousand History (1969, c. 1184, s. 7; 1977, 2nd Sess., c. 1278; 1979, c. 838, s. 82; 1979, 2nd Sess., c. 1137, s. 8; 1981, c. 1127, s. 9; 1983, c. 761, s. 197; 1983 (Reg. Sess., 1984), c. 1034, s. 208; c. 1116, s. 110; 1985, c. 479, ss. 205, 207; c. 757, s. 189; 1985 (Reg. Sess., 1986), c. 1014, ss. 30, 31; 1987, c. 738, ss. 16, 17; 1987 (Reg. Sess., 1988), c. 1086, ss. 10, 11; c. 1100, s. 16(c); 1989, c. 752, ss. 27, 28; 1991, c. 756, s. 34; 1991 (Reg. Sess., 1992), c. 900, ss. 36, 37; 1993, c. 321, ss. 53, 54; 1993 (Reg. Sess., 1994), c. 769, ss. 7.6, 7.7; 1995, c. 507, ss. 7.9, 7.10; 1996, 2nd Ex. Sess., c. 18, ss. 28.7, 28.8; 1997-443, ss. 33.13, 33.14; 1998-153, ss. 10, 11; 1998-212, s. 28.7(a); 1999-237, ss. 28.7, 28.8; 2000-67, ss. 26.7, 26.8; 2001-424, ss. 32.8, 32.9; 2002-159, s. 35(f); 2004-124, ss. 31.8(b), 31.9(b); 2005-276, ss. 29.8, 29.9, 19B.1; 2005-345, s. 40; 2006-66, ss. 22.8, 22.9; 2006-203, s. 61; 2007-323, ss. 28.8, 28.9; 2008-107, ss. 26.8, 26.9; 2012-142, s. 25.1B(b), (c); 2014-100, s. 35.4(b), (c); 2015-241, s. 14.30(s); 2016-94, ss. 36.8, 36.9; 2017-57, ss. 35.6, 35.7; 2018-5, ss. 35.9, 35.10; 2019-177, s. 6; 2019-209, ss. 3.9(a), (a1), 3.10(a), (a1).) Subsections (b) and (c) Set Out Twice. - The first versions of subsections (b) and (c) set out above are effective until July 1, 2020. The second versions of subsections (b) and (c) set out above are effective July 1, 2020. Editor's Note. - Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. The bracketed word "[thousand]" was inserted in the second sentence of subsection (c) at the direction of the Revisor of Statutes. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Subsection (c) of this section was amended by Session Laws 2019-177, s. 6, effective July 26, 2019, and by Session Laws 2019-209, s. 3.9(a), effective July 1, 2019, and s. 3.9(a1), effective July 1, 2020, in the coded bill drafting format provided by G.S. 120-20.1. Session Laws 2019-277, s. 6, in inserting the word "thousand" into the text of subsection (c), did not account for the changes that had been made to that subsection by Session Laws 2019-209, s. 3.9(a), (a1). Subsection (c) has been set out in the form above at the direction of the Revisor of Statutes. Effect of Amendments. - Session Laws 2004-124, ss. 31.8(b) and 31.9(b), effective July 1, 2004, substituted "three hundred eleven dollars ($311.00)" for "two hundred ninety two dollars ($292.00)" in subsection (b); and substituted "ninety thousand five hundred fourteen dollars ($90,514)" for "eighty-eight thousand three hundred six dollars ($88,306)" in subsection (c). Session Laws 2005-276, ss. 29.8 and 29.9, effective July 1, 2005, in subsection (b), substituted "three hundred twenty-seven dollars ($327.00)" for "three hundred eleven dollars ($311.00)"; and in subsection (c), substituted "ninety-two thousand three hundred twenty-four dollars ($92,324)" for "ninety thousand five hundred fourteen dollars ($90,514)". Session Laws 2005-276, s. 19B.1, effective July 1, 2005, added the third sentence in subsection (c). Session Laws 2005-345, s. 40, effective July 1, 2005, substituted "Senate, respectively" for "Senate" in the third sentence of subsection (c) and made a minor stylistic change. Session Laws 2006-66, ss. 22.8 and 22.9, effective July 1, 2006, substituted "three hundred forty-five dollars ($345.00)" for "three hundred twenty-seven dollars ($327.00)" in the first sentence of subsection (b); and substituted "ninety-seven thousand four hundred two dollars ($97,402)" for "ninety-two thousand three hundred twenty-four dollars ($92,324)" in the first sentence of subsection (c). Session Laws 2006-203, s. 61, effective July 1, 2007, and applicable to the budget for the 2007-2009 biennium and each subsequent biennium thereafter, deleted "and Advisory Budget Commission" following "to the Governor" in the next-to-last sentence of subsection (c). Session Laws 2007-323, ss. 28.8 and 28.9, effective July 1, 2007, substituted "three hundred fifty-nine dollars ($359.00)" for "three hundred forty five dollars ($345.00)" in the first sentence of subsection (b); and substituted "one hundred one thousand two hundred ninety-eight dollars ($101,298)" for "ninety seven thousand four hundred two dollars ($97,402)" near the end of the second sentence of subsection (c). Session Laws 2008-107, ss. 26.8 and 26.9, effective July 1, 2008, substituted "three hundred eighty dollars ($380.00)" for "three hundred fifty-nine dollars ($359.00)" in subsection (b); and substituted "one hundred four thousand eighty-four dollars ($104,084)" for "one hundred one thousand two hundred ninety-eight dollars ($101,298)" in subsection (c). Session Laws 2014-100, s. 35.4(b) and (c), effective July 1, 2014, substituted "four hundred four dollars ($404.00)" for "three hundred eighty-five dollars ($385.00)" in the first sentence in subsection (b); and substituted "one hundred six thousand three hundred thirty-three dollars ($106,333)" for "one hundred five thousand three hundred thirty-three dollars ($105,333)" in the second sentence in subsection (c). Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subsection (f). Session Laws 2016-94, ss. 36.8, 36.9, effective July 1, 2016, substituted "four hundred ten dollars ($410.00)" for "four hundred four dollars ($404.00)" near the beginning of subsection (b); and substituted "one hundred seven thousand nine hundred twenty-eight dollars ($107,928)" for "one hundred six thousand three hundred thirty-three dollars ($106,333)" in the second sentence of subsection (c). Session Laws 2017-57, s. 35.6, effective July 1, 2017, substituted "one hundred eight thousand nine hundred twenty-eight dollars ($108,928)" for "one hundred seven thousand nine hundred twenty-eight dollars ($107,928)" in subsection (c). Session Laws 2017-57, s. 35.7, effective July 1, 2017, substituted "four hundred twenty-nine dollars ($429.00)" for "four hundred ten dollars ($410.00)" in subsection (b). Session Laws 2018-5, s. 35.9, effective July 1, 2018, substituted "four hundred thirty eight dollars ($438.00)" for "four hundred twenty nine dollars ($429.00)" in the middle of the first sentence of subsection (b); and substituted "one hundred eleven one hundred seven dollars ($111,107)" for "one hundred eight thousand nine hundred twenty-eight dollars ($108,928)" in the first sentence of subsection (c). Session Laws 2019-177, s. 6, effective July 26, 2019, substituted "thousand" for "[thousand]" in subsection (c); and substituted "the clerk's" for "his" twice in subsection (f). Session Laws 2019-209, ss. 3.9(a) and 3.10(a), effective July 1, 2019, substituted "four hundred forty-nine dollars ($449.00)" for "four hundred thirty-eight dollars ($438.00)" in the first sentence of subsection (b); and substituted "one hundred thirteen thousand eight hundred eighty-five dollars ($113,885)" for "one hundred eleven one hundred seven dollars ($111,107)" in the first sen- tence of subsection (c). Session Laws 2019-209, s. 3.9(a), effective July 1, 2019, substituted "one hundred thirteen thousand eight hundred eighty-five dollars ($113,885)" for "one hundred eleven one hundred seven dollars ($111,107)" in the first sentence of subsection (c). Session Laws 2019-209, ss. 3.9(a1) and 3.10(a1), effective July 1, 2020, substituted "four hundred sixty dollars ($460.00)" for "four hundred forty-nine dollars ($449.00)" in the first sentence of subsection (b); and substituted "one hundred sixteen thousand seven hundred thirty-two dollars ($116,732)" for "one hundred thirteen thousand eight hundred eighty-five dollars ($113,885)" in the first sentence of subsection (c). Opinions of Attorney General Subsistence Allowance. - Under this section as rewritten in 1969, the principal clerks, reading clerks and sergeants-at-arms of each House were entitled to the same daily subsistence allowance provided for members of the General Assembly by Session Laws 1969, c. 1257, from January 15, 1969 to the end of the session. See opinion of Attorney General to Mr. G. Andrew Jones, Jr., State Budget Officer, 40 N.C.A.G. 310 (1969). §§ 120-38, 120-39: Repealed by Session Laws 1969, c. 1184, s. 7.