North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1971) online

. (page 34 of 61)
Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1971) → online text (page 34 of 61)
Font size
QR-code for this ebook


on standing committees shall consist of not more than 22 or less
than 8 Senators, including- the Chairman and Vice Chairman who
shall be desijrnatcd by the President: Provided, the committee mem-
bership on the Committee on Appropriations and the Committee on
Finance shall not be limited as to membership but shall be left to
the discretion of the President. No Senator shall hold membership
on more than 10 standing committees unless the Committee on
Rules and Operation of the Senate provides otherwise. A quorum
of any committee shall consist of a majority of the committee.

RULE 35. Roll Call vote in Committee. — No roll call vote may
be taken in any committee.

RULE 36. Committee Meetings. — No committee or subcommit-
tee shall hold a secret meeting, and all meetings of committees and
subcommittees shall be open to the public: Provided, that any
committee or subcommittee has the inherent right to hold an execu-
tive session when it determines that it is absolutely necessary to
have such a session in order to prevent personal embarrassment, or
when it is in the best interest of the State ; and in no event shall
final action be taken by any committee or subcommittee except in
open session.

Handling Bills

RULE 37. Construction of rules. — All provisions of these rules
applying to bills shall apply also to resolutions, memorials and
petitions.

RULE 38. Introduction of bills. — (a) Bills submitted for intro-
duction shall be in the form prescribed by the Committee on Rules.
When a bill which is introduced is not in the prescribed form, the
Principal Clerk shall cause the bill to be retyped in the prescribed
form, and the retyped copy shall become the official copy of the
bill for all purposes. The original bill shall then be returned to the
introducer of the bill and shall not become a part of the records or
documents of the Senate.

(b) Whenever a bill is introduced, 20 copies shall be submitted
to the Principal Clerk. Any bill submitted without the required
number of copies shall be immediately returned to the introducer.



Senate 479

RULE 39. Presenting papers to Senate. — Every bill presented
to the Senate shall contain on the outside cover the title of the
document and the name of the Senator or Senators presenting it.
All bills shall be delivered to the Reading Clerk for the reading of
the number and the title. The President shall then announce the
referral of the document. The title and referral shall be entered
on the Journal.

RULE 40. Deadline on introduction of certain bills. — All bills
prepared to be introduced by departments, agencies or institutions
of the State must be introduced in the Senate not later than March
22 of the session. All local bills must be introduced not later than
March 15 of the session.

RULE 41. References of appropriations and finance bills. — All
bills introduced in the Senate providing for appropriations from
the State, or any subdivision thereof, shall, before being considered
by the Senate, be referred to the Committee on Appropriations, and
bills referred to other committees carrying any such provisions
shall be re-referred to the Senate as being bills to be considered by
the Appropriations Committee before proper action may be taken
by the Senate. All bills introduced in the Senate providing for bond
issues, levying taxes, or in any manner affecting the taxing power
of the State or any subdivision thereof, shall, before being consid-
ered by the Senate, be referred to the Committee on Finance, and
bills referred to other committees carrying any such provisions
shall be re-referred to the Senate as being bills to be considered by
the Finance Committee beiore proper accion may be taken by che
Senate.

RULE 42. First reading: reference to Committee. — All bills
shall be read by their titles, which reading shall constitute the first
reading of the bills, and unless otherwise disposed of shall be re-
ferred to the proper committee.

RULE 43. Bills to receive three readings. — Every bill shall re-
ceive three readings previous to being passed, ana the President
shall give notice at each whether it be the first, second, or third.
Alter the first reading, unless a motion is made by some Senator,
the President shall refer the bill to an appropriate committee. No



480 North Carolina Manual

bill shall be amended upon the floor of the Senate until it has been
twice read.

RULE 44. Reports of Committees. — Every Senator presenting a
report of a committee shall endorse the report with the name of
the committee and, in case of a minority report, with the names of
the members making the report. The report of the committee shall
show that a majority of the committee were present and voted.
Every report of the committee upon a bill or resolution shall stand
upon the general orders with the bill or resolution.

RULE. 45. Unfavorable report by Committee. — (a) All bills
reported unfavorably by the committee to w^iich they were re-
ferred, and having no minority report, shall lie upon the table, but
may be taken from the table, and placed upon the calendar by a
two-thirds vote of those present and voting.

(b) When a bill is reported by a committee with an unfavorable
report, but accompanied by a minority report, signed by at least
three members of the committee who were present and who voted
on the bill when the bill was considered in committee, then the
minority report shall be placed on the calendar and considered the
following day, and the question before the Senate shall be "The
adoption oi the Minority Report" and if failing to be adopted by
a majority vote, the bill shall be placed upon the unfavorable calen-
dar.

RULE 40. Recall of bill from Committee. — When a bill has been
introduced and referred to a committee, if after ten days the com-
mittee has failed to report thereon, then the author of the bill may,
after three days' public notice given in the Senate, on motion sup-
ported by a vote of two-thirds of the Senators present and voting,
I'ecall the bill from the committee to the floor of the Senate for
consideration and such action thereon as a majority of the Senators
present may direct,

RULE 47. Caleiidar; order to be followed. — The President and
the Principal Clerk ox the Senate shall see tnat all bills are acted
upon by the Senate in the order in which they stand upon the
calendar, unless otherwise ordered as liereinaiter provided. The
publisned calendar shall include all bills reported favorably from



Senate 481

committees, or reported with a minority report attached, or placed
on the calendar on motion: Provided, that the published local cal-
endar may carry the number of each bill, the county or counties
referred to, and an abbreviated statement of the title of the bill.

RULE 48. Considering bills out of regular order. — Except as
provided in Rule 49, any bill or other matter may be taken up out
of order upon order of the President or upon motion sustained by
a majority of the membership present and voting.

RULE 49. Third reading requirements. — No bill on its third
reading shall be acted upon out of the regular order in v^hich it
stands on the calendar, and no bill shall be acted upon on its third
reading the same day on which it passed its second reading unless
so ordei-ed by two-thirds of the Senators present.

RULE 50. Special orders. — Any bill or other matter may be
made a special order for a particular day or hour by a vote of the
majority of the Senators voting, and if it shall not be completed on
that day, it sliall be returned to its place on the calendar, unless it
is made a special oi'der for another day; and wnen a special order
is under consideration it shall take precedence over any special
order or subsequent order for the day, but such subsequent order
may be taken up immediately after the previous special order has
been disposed of.

RULE 51. Procedure when )Lecessary number of Senators not
present. — If, on taking the question on a bill, it appears that a
constitutional quorum is not present, or if the bill requires a
vote of a certain proportion of all the Senators to pass it, and it
appears that such number is not present, the bill shall be again
read and the question taken thereon; if the bill fails a second time
lor the want of the necessary number being present and voting,
the bill snail not be tinally lost, but shall be returned to the cal-
endar in its proper order.

RULE 52. Effect of defeated bill. — (a) After a bill has been
tabled or has laiied to pass on any oi its reaamgs, the contents oi
such bill or the principal provisions of its subject matter shall not
be embodied in any otner measure. Upon tne point oi order being



482 North Carolina Manual

raised aiul sustained by the Chair, such measure shall be laid upon
the table, and shall not be taken therefrom except by a vote of
two-thirds of the (lualified membership of the Senate: Provided,
no local bill shall be held by the Chair as embodying the provisions,
or being identical with any statewide measure which has been laid
upon the table or failed to pass any of its readings.

(b) When a bill has been postponed indefinitely by the Senate,
the bill shall lie upon the table, and shall not be taken therefrom
except by a vote of two-thirds of the Senators present.

RULE 53. Taking bill from table. — No bill which has been laid
upon the table shall be taken therefrom except by a vote of two-
thirds of the Senators present.

RULE 54. Amending titlef< of bills. — When a bill is materially
modified or the scope of its application extended or decreased, or
if the county, or counties, to which it applies is changed, the title
of the bill shall be changed by the Senator introducing the bill or
by the committee having it in charge, or by the Principal Clerk,
so as to indicate the full purport of the bill as amended and the
county or counties to which it applies.

RULE 55. Cor)-ections of typographical errors in bills. — The
Enrolling Clerk is authorized to make corrections of typographical
errors in the text of bills at any time prior to ratification. Before
the correction is made, the Enrolling Clerk shall have the approval
of the Chairman of the Committee on Rules and Operation of the
Senate.

RULE 56. Conference Committees. — Whenever the Senate de-
clines or reluses to concur in amendments put by the House to a
bill originating in the Senate, or refuses to adopt a substitute
adopted by the House for a bill originating in the Senate, a con-
ference committee shall be appointed upon motion made consisting
of the number named in the motion; and the bill under considera-
tion shall thereupon go to and be considered by the joint conferees
on the part ol the Senate and House. In considering matters in dif-
lerences between the Senate and House committed to the conferees,
only such matters as are in ditt'erence between the two houses shall
be considered by the conlerees, and the conference report shall deal
onli with such matters. The conlerence report shall not be amendeu.



Senate 483

Except as herein set out, the rules of the United States House of
Representatives shall govern the appointment, conduct, and re-
ports of the conferees.

RULE 57. Certification of passage of bills. — The Principal Clerk
shall certify the passage of bills by the Senate, with the date there-
of, together with the fact whether passed by vote of three-fifths or
two-thirds of the Senate, whenever such vote may be required by
the Constitution or laws of the State.

RULE 58. Transmittal of bills to House. — No bill shall be sent
from the Senate on the day of its passage except on the last day
of the session, unless otherwise ordered by a vote of two-thirds of
the Senators present.

Legislative Officers and Employees

RULES 59. Pages. — The President of the Senate shall appoint
pages. The President, or such person as he may designate, shall
supervise the pages and assign to them their duties. Each page
shall be at least 14 years of age.

RULE 60. Sergeant-at-Arms. — (a) There shall be 14 positions
of Assistant Sergeants-at-Arms to be appointed by the Sergeant-at-
Arms who are to work under his supervision and to be assigned
such duties and powers as he shall direct.

(b) The Sergeant-at-Arms shall be responsible for the safety of
the members and employees of the Senate while in the State Legis-
lative Building, or any place in which the Senate is in session, and
shall be responsible for maintaining order in the State Legislative
Building and adjoining parking lots, all under the supervision
and direction oi the President of the Senate.

(c) The Sergeant-at-Arms shall serve all warrants and sub-
poenas issued by orders of the Senate and signed by the President
of the Senate, and said warrants and subpoenas shall be return-
able to the Principal Clerk of the Senate.

(d) While the General Assembly is in session, the Sergeant-at-
Arms ot the Senate sliail be the custodian of, and responsible for,
all personal property that is assigned to the iSenate during any



484 North Carolina Manual

session of the General Assembly and shall have the responsibility
for the placement of said property in the Senate area of the State
Lejiislative Building-, subject to the approval of the Committee
on Rules and Operation of the Senate. At the termination of the
session, or within 30 days thereafter, the Sergeant-at-Arms shall
prepare and deliver an inventory of all property belonging to the
Senate to the Principal Clerk of the Senate. The Sergeant-at-
Arms, with the approval of the Committee on Rules and Operation
of the Senate, shall request the proper State agency to purchase
necessary office furnishings and personal property needed for the
operation of the Senate.

(e) While the General Assembly is in session, the Sergeant-at-
Arms shall be responsible to the Senate for all maintenance, in-
stallations, repairs and necessary work to the physical plant, to
the telephones and utilities, and to all personal and real property,
in the Senate area of the State Legislative Building, subject to the
approval of the Committee on Rules and Operation of the Senate.

RULE 61. Principal Clerk's staff.— The Principal Clerk of the
Senate shall employ all necessary employees and clerks required
to carry out the duties of his office. The Principal Clerk shall have
supervision and control, and shall assign such duties and powers as
he shall direct to his employees and clerks.

RULE 62. Committee Clerks. — (a) The President of the Senate
shall appoint clerks to such committees as ne may deem necessai'y
and appropriate.

(b) All Committee Clerks, when not in attendance upon the di-
rect duties connected with their committee shall report to the
Supervisor ot Committee Clerks tor such duties as may be assigned
to them upon approval by Committee Chairman.

RULE 63. Senate Journal. — The Principal Clerk shall prepare
and be responsible lor the Journal, i'he Committee on Rules and
Operation of tne Senate shall examine the Journal to determine if
tne procedings of tne previous day have been correctly recorded.

RULE 64. Disbursing Clerk to order supplies. — -(a) All neces-
sary supplies and stationery for the Senate shall be purchased



Senate 485

upon requisition of the Disbursing Clerk under the supervision of
the President of the Senate.

(b) All equipment, including typewriters and dictating equip-
ment, shall be requisitioned from the Disbursing Clerk who shall
distribute the equipment under the supervision of the Committee
on Rules.

General Rules

RULE 65. President to sign papers. — All acts, addresses and
resolutions, and all warrants and subpoenas issued by order of the
Senate shall be signed by the President.

RULE 66. Aduussion to the floor of the Senate. — No person ex-
cept members of the Senate, members of the House of Represent-
atives, staff of the General Assembly; Judges of the Supreme,
Court of Appeals, and Superior Courts; the Governor and mem-
bers of the Council of State; former members of the General As-
sembly; and persons particularly invited and extended the privileges
of the floor by the President shall be admitted to the floor of the
Senate during its session. No registered lobbyist shall be admitted
to the floor of the Senate or Senate Chamber while the Senate is
in Session.

RULE 67. Privileges of the floor. — Any group or individual
other than members of the Senate who desire to make remarks
upon the floor of the Senate will first obtain approval of the Com-
mittee on Rules and Operation of the Senate,

RULE 68. News Media. — The President is authorized to assign
area and equipment on tne floor oi the Senate for the use of the
representatives of news media; and the President shall provide
regulations for the operation of the representatives of the news
media on the floor of the Senate.

RULE 69. Absence without leave. — No Senator or officer of the
Senate shall depart the service of the Senate without leave, or
receive pay as a Senator or orflcer for the time he is absent with-
out leave.

RULE 70. Placiyig material on Senator's desks. — Any person
other than members of the Senate desiring to place articles of any



486 North Carolina Manual

kind on or about desks in the Senate Chamber or in the offices of
the members of the Senate will make written application to, and
obtain written approval from, the Principal Clerk of the Senate.

RULE 71. Assiyinnent of Offices. — The Chairman of the Com-
mittee on Rules and Operation of the Senate, subject to the ap-
proval of the Committee, is authorized to make assignments of
committee rooms and offices to designated committees, chairmen,
and members of the Senate. The office adjacent to any committed
room assigned to a principal committee by the Chairman of the
Committee on Rules and Operation of the Senate, subject to the
appi'oval of the Committee on Rules and Operation of the Senate,
shall be automatically assigned to the chairman of the principal
committee. In making such assignments of individual offices, the
said Chairman shall give preferential consideration to the respec-
tive members according to the length of service which each mem-
ber has rendered in the General Assembly.

RULE 72. Adininistrative rules and regulations involving Senate
e)nploijees. — All administrative rules, regulations and orders in-
volving all individuals employed to perform duties for the Senate,
other than those appointed by the Prmcipal Clerk and the Sergeant-
at-Arms, shall be first approved by the Committee on Rules and
Operation of the Senate.

RULE 73. Notice of public hearings. — Notice shall be given not
less than five calendar days prior to public hearings. Such notices
shall be issued as information for the press and shall be posted in
the offices of the Principal Clerks.

RULE 74. Public hearings, filing of written statements. — Pei'-
sons desiring to appear and be heard at a public hearing are en-
couraged to file a briel or a written statement of the remarks to
be made at least 24 hours before the time of the Hearing'.

RULE 75. Voting i}i Joint Sessions. — When any Senate Com-
mittee sits jointly witn the House Committee, iha Senate Com-
mittee reserves the right to vote separately from the House Com-
mittee.

RULE 76. Alteratio)i, suspension or rescissio)L of rules. — No
rule 01 tne Senate shall be altered, suspended, or rescinded except
on a two-thirds vote ol tne Senators present.



Senate



487



STANDING COMMITTEES OF THE SENATE

SESSION 1971

COMMITTEE ON AGRICULTURE

WHITE, Chairman

BOWLES, Vice Chairman

BRITT, Vice Chairman

Alley Futrell Milgrom

Bingham Joyner Scott

Coggins Knox Taylor

Combs Larkins Wood



COMMITTEE ON ALCOHOL BEVERAGE CONTROL

REED, Chairman





KNOX, Vice Chairman




Bagnal


Harrington


McLendon


Baugh


Harris


Strickland


Coggins


Henley


Warren


Currie


Killian




Flaherty


Larkins





COMMITTEE ON APPROPRIATIONS

HENLEY, Chairman
COGGINS, Vice Chairman

Allen Flaherty Milgrom

Alley Folger Mills

Allsbrook Futrell Moore

Bagnal Gudger Murrow

Bailey Horton Norton

Baugh Jones Patterson

Bingham Kirk Reed

Britt Knox Saunders

Church Larkins Strickland

Coggins McGeachy White

Deane McLendon Wood



488 North Carolina Manual

APPROPRIATIONS SUBCOMMITTEE ON HEALTH,
WELFARE AND INSTITUTIONAL CARE

COGGINS, Chairman
ALLEY, Vice Chairman

Bagnal Flaherty Larkins

Britt Jones Reed

APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

MOORE, Chairman
BAILEY, Vice Chairman

Deane Kirk Mills

Futrell McGeachy White

APPRPRIATIONS SUBCOMMITTEE ON GENERAL
GOVERNMENT AND TRANSPORTATION

CHURCH, Chairman
BAUGH, Vice Chairman
Allsbrook Norton Saunders

Knox Patterson Wood

APPROPRIATIONS SUBCOMMITTEE ON PERSONNEL
AND LONG-RANGE PLANNING

McLENDON, Chairman
FOLGER, Vice Chairman



Allen


Horton Strickla


Bingham


Milgrom


Gudger


Murrow




COMMITTEE ON BANKING




BAUGH, Chairman




KIRBY, Vice Chairman


Alley


Currie Norton


Bagnal


Flaherty Saundei


Bingham


Harris Warren


Church


Milgrom Wood


Coggins


Moore



Senate



489



COMMITTEE ON CONGRESSIONAL REDISTRICTING

WOOD, Chairvian
BRITT, Vice Chairman

Bailey Horton Murrow

Baugh Joyner Norton

Flaherty Kirby Patterson

Folger Kirk Warren

Harris McLendon

COMMITTEE ON CONSERVATION AND DEVELOPMENT

ALLEN, Chairman
ALLEY, Vice Chairman
SAUNDERS, Vice Chairman

Burney Joyner Patterson

Church McGeachy Reed

Futrell McLendon Staton

Frink Mills Strickland

Horton Moore White



Allsbrook

Bailey

Burney



COMMITTEE ON CONSTITUTION

WARREN, Chairman
DEANE, Vice Chairman
PATTERSON, Vice Chairman

Folger Knox

Gudger McGeachy

Horton McLendon



COMMITTEE ON CORRECTIONAL INSTITUTIONS
AND LAW ENFORCEMENT

STRICKLAND, Chairman

GUDGER, Vice Chairman
KNOX, Vice Chairman

McGeachy

Milgrom

Murrow



Allen


Combs


Allsbrook


Deane


Bowles


Harris


Britt


Larkins



490



North Carolina Manual



COMMITTEE ON COURTS AND JUDICIAL DISTRICTS

BAILEY, Chairman
HARRINGTON, Vice Chairma7i
Britt Gudger McLendon

Burney Harris Patterson

Deane Horton Warren

Folger Jones



Bagnal
Bowles
Britt



COMMITTEE ON EDUCATION

SCOTT, Chairman

KILLIAN, Vice Chairman

NORTON, Vice Chairynan

Church Kirk

Flaherty Strickland

Futrell Taylor



Bowles
Combs
Crawford
Frink



COMMITTEE ON FINANCE

BURNEY, Chairman

CURRIE, Vice Chairman

HARRINGTON, Vice Chairman

RAUCH, Vice Chairman

SCOTT, Vice Chairman

WARREN, Vice Chairman

Harris Kirby

Henley Staton

Joyner Taylor

Killian



COMMITTEE ON GENERAL ASSEMBLY REDISTRICTING

MOORE, Chairman
FUTRELL, Vice Chairman

Bagnal Harrington Staton

Bingham Jones Strickland

Church Larkins Saunders

Combs Mills Taylor

Crawford Rauch White



Senate



491



COMMITTEE ON HIGHER EDUCATION





KIRBY, Chairman




CHURCH, Vice Chairman


Allen


Harrington


Patterson


Burney


Jones


Rauch


Coggins


Killian


Scott


Crawford


Kirk


Staton


Currie


Knox


White


Folger


McLendon


Wood


Gudger


Mills






COMMITTEE ON HIGHWAY SAFETY




CRAWFORD,


Chairman




REED, Vice Chairman




WOOD, Vice


Chairman


Bingham


Jones


Mills


Bowles


Kirby


Rauch


Flaherty


Larkins


White


Folger


McLendon




Harris


Milgrom





Allsbrook
Bagnal
Bailey
Currie



COMMITTEE ON INSURANCE

NORTON, Chairman

ALLEN, Vice Chairman

COMBS, Vice Chairman

McLENDON, Vice Chairman

Flaherty Mills

Henley Rauch

Jones Taylor



COMMITTEE ON INTERGOVERNMENTAL RELATIONS

RAUCH, Chairman
STRICKLAND, Vice Chairman
Baugh Mills Warren

Combs Reed Wood

Kirk Scott



492



North Carolina Manual



Crawford

Frink

Horton



COMMITTEE ON JUDICIARY I

ALLSBROOK, Chairman
BURNEY, Vice Chairman
JONES, Vice Chairman
Knox Staton

Reed Strickland



COMMITTEE ON JUDICIARY II

McGEACHY, Chairman
McLENDON, Vice Chairman

Alley Deane Kirby

Bailey Folger Patterson

Britt Gudger Warren

COMMITTEE ON LIBRARIES

TAYLOR, Chairman
COGGINS, Vice Chairman
Henley Joyner Murrow

Horton Kirk White

Jones McGeachy

COMMITTEE ON LOCAL GOVERNMENT

MILLS, Chairman
MILGROM, Vice Chairman

Crawford Knox

Flaherty Moore

Kirk Scott



Allen
Bagnal
Bowles
Church



COMMITTEE ON MANUFACTURING, LABOR
AND COMMERCE

STATON, Chairman
LARKINS, Vice Chairman
Alley Harrington Rauch

Baugh Knox Taylor

Frink Murrow



Senate



493



Britt

Coggins

Currie



COMMITTEE ON MENTAL HEALTH

LARKINS, Chairman
ALLSBROOK, Vice Chairman



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1971) → online text (page 34 of 61)