North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1971) online

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(b) A motion to table shall be decided without debate.

(c) A motion to table a bill shall constitute a motion to table
the bill and all amendments thereto.

(d) A motion to table an amendment shall not be construed as
a motion to table the principal bill or any other amendment which
has been off'ered thereto, and if such motion is carried, only the
amendment shall lie upon the table.

(e) When a question has been tabled, the same shall not be acted
upon again during the session except by two-thirds ( % ) vote.



House of Representatives 507

RULE 17. Motion to Postpone Indefinitely. A motion to post-
pone indefinitely is in order except when a motion to adjourn or
to lay on the table is before the House. However, after one motion
to postpone indefinitely has been decided, another motion to post-
pone indefinitely shall not be allowed at the same stage of the bill
or proposition. When a question has been postponed indefinitely,
the same shall not be acted on again during the session, except
upon a two-thirds (%) vote.

RULE 18. Motion to Reconsider, (a) When a motion has been
once made and decided, it is in order for any member of the
majority to move for the reconsideration thereof, on the same or
the succeeding legislative day, unless it shall have subsequently
passed the Senate; provided, that unless the vote by which the
motion was originally decided was taken by a call of the ayes and
noes, any member may move to reconsider.

(b) A motion to reconsider shall be determined by a majority
vote, except a motion to reconsider a motion tabling a motion to
reconsider, which shall require a two-thirds ( % ) vote.

(c) A. motion to reconsider a motion made under Rules 16, 17,
38, 42 and 43 shall require a two-thirds (%) vote,

IV. Previous Question

RULE 19. Previous Question. The previous question may be
called only by the member submitting the report on the bill or other
matter under consideration, by the member (s) introducing the bill
or other matter under consideration, or by the member in charge
of the measure, who shall be designated by the chairman of the
committee reporting the same to the House at the time the bill or
other matter under consideration is reported to the House or taken
up for consideration.

RULE 20. Form and Effect of Previous Question, (a) The previ-
ous question shall be as follows: "Shall the main question now be
put?" When the call for the previous question has been decided in
the affirmative by a majority vote of the House, the "main ques-
tion" IS on the passage oi the bill, resolution or other matter under
consideration.



508 North Cakolina Manual

(b) The call for the previous question shall preclude all motions,
amendments and debate, except the motion to adjourn or motion
to table or motion to postpone indefinitely made prior to the de-
termination of the previous question.

(c) If the previous question is decided in the negative, the main
question remains under debate.

V. Voting

RULE 21. Stating Questions, (a) The Speaker shall rise to put
a question.

(b) The question shall be put in this form, namely, "Those in
favor (as the question may be) will say 'Aye'," and after the aflir-
niation voice has been expressed, "Those opposed will say 'No'.''

(c) Any member may call for a question to be divided into two
or more propositions to be voted on separately, and the Speaker
shall determine whether the question admits of such a division.

RULE 22. Deter minittg Questions. Unless otherwise provided
by the Constitution of North Carolina, all questions shall be de-
termined by the members present and voting.

RULE 23. Voting by Division. Any member may call for a
division of the members upon the question before the result of
the vote has been announced. Upon a call for a division, the
Speaker shall cause the number voting in the affirmative and in
the negative to be determined. Upon a division and count of the
House on any question, no member away from his seat shall be
counted.

RULE 24. Roll Call Vote, (a) Before a question is put, any
member may call for the ayes and noes. If the call is sustained
by one-fifth (1/5) of the members present, the question shall be
decided by the ayes and noes upon a roll call vote, taken alpha-
betically.

(b) Every member who is in the hall of the House when the
question is put shall give his vote upon a call of the ayes and noes,
unless the House for special reasons shall excuse him and no appli-
cation to be excused from voting or to explain a vote shall be
entertained unless made before the call of the roll.



House of Representatives 509

RULE 25. Voting by Absentees, (a) No member shall vote on
any question when he was not present when the question was put
by the Speaker, except by the consent of the House.

(b) If any member is necessarily absent on business of the
House when a vote is taken upon any question, upon entering the
House he shall be permitted, on request, to vote, provided that the
result shall not be affected thereby.

(c) When a member who is present is paired with an absent
member, he shall announce before the roll call is commenced that
when his name is reached he desires to announce a pair and the
name of the absent member with whom he is so paired. When his
name is called on the roll call vote, he shall announce such pair by
stating the name of the absent member with whom he is paired,
how such absent member would vote if he were present and how
the present member votes. The Principal Clerk shall record all of
this information in the Journal, but the vote of neither party to
the pair shall be included in tlie total vote as announced by the
Speaker or recorded in the Journal.

RULE 26. Votivg by Speaker. In all elections the Speaker may
vote. In all other instances he may exercise his right to vote, or he
may reserve this right until there is a tie, but in no instance may
he vote twice on the same question.



VI. Committees

RULE 27. Committees Generally, (a) All committees shall be
appointed by the Speaker, unless otherwise specially ordered by the
House

(b) Any member may excuse himself from serving on any
committee if he is a member of two standing committees.

(c) The Chairman and five other members of any committee
shall constitute a quorum of that committee for the transaction
of business.

(d) In any joint meeting of the Senate and House committees,
the House Committee may in its discretion reserve the right to
vote separately.



510 North Carolina Manual

RULE 28. Appoi)it)ne)it of St(nidi>ig Committees, (a) At the
commencement of the session the Speaker shall appoint a standing
committee on each of the following subjects, namely:

Agriculture.

Alcoholic Beverage Control.

Appropriations, consisting of 4 subcommittees:

1. Appropriations subcommittee on Health, Welfare and In-
stitutional Care.

2. Appropriations subcommittee on Education.

3. Appropriations subcommittee on General Government and
Transportation.

4. Appropriations subcommittee on Personnel and Long-Range
Planning.

Banks and Banking.

Commercial Fisheries and Oyster Industry.

Commissions and Institutions for the Blind and Deaf.

Congressional Districts.

Conservation and Development.

Constitutional Amendments.

Corporations.

Correctional Institutions.

Courts and Judicial Districts.

Education.

Election Laws.

Employment Security.

Federal and Interstate Cooperation.

Finance.

Health.

Higher Education.

Highway Safety.

Insurance.

Judiciary No. I.

Judiciary No. II.

Library.

Local Government.

Manufacturers and Labor.

Mental Health.



House of Representatives 511

Military and Veterans' Affairs.

Public Buildings and Grounds.

Public Utilities.

Roads.

Rules and Operation of the House.

Social Services.

State Government.

State Legislative Districts.

State Personnel.

University Trustees.

Water and Air Resources.

Wildlife Resources.

(b) The first member announced on each committee shall be
chairman, and where the Speaker so desires he may designate a
co-chairman and one or more vice-chairmen.

RULE 29. Standing Committee Meetings, (a) Standing commit-
tees and subcommittees of standing committees shall be furnished
with suitable meeting places pursuant to a schedule adopted by
the Rules Committee.

(b) Subject to the provisions of the subsections (c) and (d) of
this Rule, standing committees and subcommittees thereof shall
permit other members of the General Assembly, the press, and
the general public to attend all sessions of said committees or
subcommittees.

(c) The chairman or other presiding officer shall have general
direction of the meeting place of the committee or subcommittee
and, in case of any disturbance or disorderly conduct therein, or
if the peace, good order, and proper conduct of the legislative
business is hindered by any individual or individuals, the chair-
man or presiding officer snail have power to exclude from the
session any individual or individuals so hindering the legislative
business or, ix necessary, to order the meeting place cleared of all
persons not members of the committee or subcommittee.

(d) Upon the affirmative vote of a majority of the members of
any standing committee or subcommittee, executive sessions may
be held, but in no event shall final action be taken in executive
sessions.



512 North Carolina Manual

(e) Procedure in the committees shall be governed by the rules
of the House, so far as the same may be applicable to such proce-
dure, except that roll call votes may not be required in committee
or subcommittee meetings.

RULE 30. Committee Hearings. The Chairmen of all commit-
tees shall notify, or cause to be notified, the first named introducer
on such bills as are set for hearing before their respective commit-
tees as to the date, time and place of such hearing.

RULE 31. Connnittee of the Whole House, (a) A Committee of
the Whole House shall not be formed, except by suspension of the
rules, if there be objection by any member.

(b) After passage of a motion to form a Committee of the
Whole House, the Speaker shall appoint a chairman to preside in
committee, and the Speaker shall leave the Chair.

(c) The rules of procedure in the House shall be observed in
the Committee of the Whole House, so far as they may be applica-
ble, except the rule limiting the time of speaking and the previous
question.

(d) In the Committee of the Whole House a motion that the
committee rise shall always be in order, except when a member
is speaking, and shall be decided without debate.

(e) When a bill is submitted to the Committee of the Whole
House, it shall be read and debated by sections, leaving the pre-
amble to be last considered. The body of the bill shall not be defaced
or interlined, but all amendments, noting the page and line, shall
be duly entered by the Clerk on a separate paper as the same shall
be agi'eed to by the committee, and be so i-eported co the House.
Alter report, the bill shall again be subject to be debated and
amended by sections belore a question on its passage be taken.



VII. Handling of Bills

RULE 32. Reference to Committee. Each bill, joint resolution,
or House resolution not introduced on the report of a committee
shall immediately upon its introduction be referred by the Speaker
to such committee as he deems appropriate.



House of Representatives 513

RULE 33. rntroductio7i of Bills and Resolutions, (a) Every bill
shall be introduced in rejjular order of business, except upon per-
mission of the Speaker or on the report of a committee.

(b) Any member introducing a bill or resolution shall briefly
state in the caption the substance of same and the caption shall
not be amended.

(e) A Substitute Bill shall be covered with the same color
jacket as the original bill and shall be prefaced as follows: "House
Substitute for" or "House Committee Substitute for "

RULE 34. Papers addressed to the House. Petitions, memorials
and other papers addressed to the House shall be presented by
the Speaker. A brief statement of the contents threof may be
orally made by the introducer before referenc to a committee, but
such papers shall not be debated or decided on the day of their
first being read unless the House shall direct otherwise.

RULE 35. Introduction of Bills, Copies Required, (a) Whenever
any resolution or bill is introduced, a duplicate copy thereof shall
be attached thereto, and the Principal Clerk shall cause said
duplicate copy to be numbered as the original resolution or bill
is numbered, and shall cause the same to be available at all times
to the member introducing the same.

(b) Numbering of House Bills shall be designated as "H.B "

(No. following). A Joint Resolution shall be designated as "H.J.R.

" (No. following.) A House Resolution shall be designated as

"H.R " (No. following).

(c) Whenever a public bill is introduced, it shall be in such form
and have such copies accompanying same as designated by the
Speaker, and any bill submitted without the required number of
copies shall be immediately returned to the introducer. The Clerk
shall stamp the copies with the number stamped upon the original
bill.

RULE 36. Duplicating of Bills. The Principal Clerk shall cause
such bills as are introduced to be duplicated in such numbers as
may be specified by the Speaker. On the morning following the
delivery ol the copies, the Principal Clerk shall cause the Chief
Page to have one copy put upon the desk of each member, one



514 North Carolina Manual

copy put ill the office of each member, and shall retain the other
copies in his office. A sufficient number of copies for the use of
the committee to which the bill is referred shall be delivered to
the chairman or clerk of that committee by the Chief Page. If the
bill is passed by the House, the Principal Clerk shall deliver the
remaining copies to the Principal Clerk of the Senate for the
use of the Senate.

RULE 37. Report by Committee. All bills and resolutions shall
be reported from the committee to which referred, with such
recommendations as the committee may desire to make.

(a) Favorable Report. When a committee reports a bill with
the recommendation that it be passed, the bill shall be placed on
the favorable calendar.

(b) Report Without Prejudice. When a committee reports a bill
without prejudice, the bill shall be placed on the favorable calendar.

(c) Unfavorable Report. When a committee reports a bill with
the recommendation that it not be passed, and no minority report
accompanies it, the bill shall be placed on the unfavorable calendar.

(d) Minority Report, When a bill is reported by a committee
with a recommendation that it be not passed, but it is accompanied
by a minority report signed by at least one-fourth {Vi) of the
members of the committee who were present and voting when
the bill was considered in committee, the question before the House
shall be: "The adoption of the minority report." If the minority
report is adopted by majority vote, the bill shall be placed on the
favorable calendar for consideration. If the minority report fails
of adoption by a majority vote, the bill shall be placed on the
unfavorable calendar.

RULE 38. Removing Bill from Unfavorable Calendar. A bill
may be removed Irom the unfavorable calendar upon motion
carried by a two-thirds ( % ) vote. A motion to remove a bill from
the unfavorable calendar is not debatable; but the movant may,
belore making the motion, make a brief and concise statement, not
more than live minutes in length, of the reasons for the motion.

RULE 39. Reportu on Appropriation and Revenue Bills. All com-
mittees, other than the CommiLiee on Appropriations, when favor-



House of Representatives 515

ably reporting any bill which carries an appropriation from the
State, shall indicate same in the report, and said bill shall be
referred to the Committee on Appropriations for a further report
before being acted upon by the House. All committees, other than
the Committee on Finance, when favorably reporting any bill
which in any way or manner raises revenue or levies a tax or
authorizes the issue of bonds or notes, whether public, public-local,
or private, shall indicate same in the report, and said bill shall
be referred to the Committee on Finance for a further report before
being acted upon by the House.

RULE 40. Recall of Bill from Cornmittee. When a bill has been
introduced and referred to a committee, if after ten legislative days
the committee has failed to report thereon, then the introducer of
the bill or some member designated by him may, after three
legislative days' public notice given in the House, on motion sup-
ported by a vote of two-thirds ( % ) of the members present and
voting, recall the same from the committee to the floor of the
House for consideration and such action thereon as a majority of
the members present may direct.

RULE 41. Calendars. The Clerk of the House shall keep a sep-
arate calendar of the public, local, and private bills, and shall
number them in the order in which they are introduced, and all
bills shall be disposed of in the order they stand upon the Calendar;
but the Committee on Rules may at any time arrange the order
of precedence in which bills may be considered.

RULE 42. Readings of Bills, (a) Every bill shall receive three
readings in the House prior to its passage. The introduction of
the bill shall constitute its first reading, and the Speaker shall
give notice at each subsequent reading whether it be the second
or third reading.

(b) No bill shall be read more than once on the same day without
the concurrence ol tvvo-thirds (%) of the members present and
voting.

RULE 43. Effect of Defeated Bill, (a) Subject to the provisions
of subsection (b) of this Rule, after a bill has been tabled or has
tailed to pass on any ol its readings, the contents of such bill or



516 North Carolina Manual

the i)rincipal provisions of its subject matter shall not be embodied
in any other measure. Upon the point of order being raised and
sustained by the Chair, such measure shall be laid upon the table,
and shall not be taken therefrom except by a two-thirds (%) vote.

(b) No local bill shall be held by the Chair to embody the pro-
visions of or to be identical with any statewide measure which has
been laid upon the table, or failed to pass any of its readings.

RULE 44. AnioulDteids cnid Riders. No amendment or rider to
a bill before the House shall be in order unless such rider or amend-
ment is germane to the bill under consideration.

Only one principal (first degree) amendment shall be pending
at any one time. If a subsequent or substitute principal amend-
ment shall be offered, the Speaker shall rule it out of order. How-
ever, any member desiring to offer a subsequent or substitute
principal amendment in opposition to the pending amendment may
inform the House by way of argument against the pending amend-
ment that if it is defeated he proposes to offer another principal
amendment, and he may then read and explain such proposed
amendment.

Perfecting (or second degree) amendments may be offered and
considered v.ithout limitation as to number, and in the event of
multiple perfecting amendments, they shall be voted upon in
inverse order.

RULE 45. Conference Committees, (a) Whenever the House
shall decline or refuse to concur in amendments put by the Senate
to a bill originating in the House, or shall refuse to adopt a sub-
stitute adopted by the Senate for a bill originating in the House,
a conference committee shall be appointed upon motion made,
consisting of the number named in the motion; and the bill under
consideration shall thereupon go to and be considered by the joint
conferees on the part of the House and Senate.

(b) Only such matters as are in difference between the two
houses shall be considered by the conferees, and the conference
report shall deal only with such matters. The conference report
shall not be amended.

(cj Except as herein set out, the rules of the House of Repre-



House of Representatives 517

sentatives of Congress shall govern the appointment, conduct, and
reports of the conferees.

VIII. Legislative Officers and Employees

RULE 46. Elected Officers. The House shall elect a Principal
Clerk, a Reading Clerk and a Sergeant-at-Arms. The Principal
Clerk shall continue in office until another is elected.

RULE 47. Assistants to Principal Clerk and Sergeant-at-Arms.
The Principal Clerk and the Sergeant-at-Arms may appoint, with
the approval of the Speaker, such assistants as may be necessary
to the efficient discharge of the duties of their respective offices.

RULE 48. Speaker's Clerk, Chaplain, and Pages, (a) The Speak-
er may appoint a Clerk to the Speaker, a Chaplain of the House,
and pages to wait upon the sessions of the House.

(b) When the House is not in session, the pages shall be under
the supervision of the Principal Clerk.

RULE 49. Committee Clerks, (a) The Speaker may assign a
clerk to such committee (s) as he may deem necessary and appro-
priate.

(b) Whenever the Speaker deems it advisable, he may assign a
clerk to act for two or more committees.

(c) The leader of the minority party may, with the approval of
the Speaker, be assigned a clerk.

(d) By and with the consent and approval of the Chairman of
any of the above committees, the clerk of said committee may be
assigned to special duty with other committees under the super-
vision of the Principal Clerk of the House.

RULE 50. Compensation of Clerks, (a) No clerk, laborer, or
other person employed or appointed under Rules 47, 48, and 49
hereof snail receive during such employment, appointment, or
service any compensation from any department of the State Gov-
ernment, or from any other source, and there shall not be voted,



518 North Carolina Manual

paid or awarded any additional pay, bonus or f^ratuity to any of
them, but they shall receive only the pay now provided by law
for such duties and services.

(b) Any bill or resolution changing,- the compensation of House
personnel shall originate from the Rules Committee upon approval
of the Speaker.

IX. Privileges of the Hall

RULE 51. Admittciiice to Floor. No person except members,
officers and employees of the General Assembly and former mem-
bers of the General Assembly who are not registered under the
provisions of Article 9 of Chapter 120 of the General Statutes of
North Carolina shall be allowed on the floor of the House during
its session, unless permitted by the Speaker or otherwise provided
by law.

RULE 52. Admittance of Press. Reporters wishing to take down
debates may be admitted by the Speaker, who shall assign such
places to them on the floor or elsewhere, to efl'ect this object, as
shall not interfere with the convenience of the House.

RULE 53. E.xtending Courtesies. Courtesies of the floor, galleries
or lobby shall not be extended by the Speaker on behalf of any
member except upon the Speaker's motion and by written request.

RULE 54. Order in Galleries and Lobby. In case of any dis-
turbance or disorderly conduct in the galleries or lobby, the
Speaker or other presiding officer is empowered to order the same
to be cleared.

X. General Rules

RULE 55. Attendance of Members. No member or officer of the
House shall absent himself from the service of the House without
leave, unless from sickness or disability.

RULE 56. Documents to be Signed by the Speaker. All Acts,
addresses, anu Resolutions and all warrants and subpoenas issued



House of Representatives 519

by order of the House shall be signed by the Speaker or other
presiding officer.

RULE 57. There shall be no printing or reproducing of paper (s)
that are not legislative in essence except upon approval of the
Speaker.

RULE 58. Placement of Material on Members' Desks. Persons
other than members of the General Assembly, officers or staff
thereof shall not place or cause to be placed any materials on
members' desks v^^ithout obtaining approval of the Speaker. Any
printed material so placed shall bear the name of the originator.

RULE 59. Rules, Rescission ayid Alteration, (a) No standing
rule or order shall be rescinded or altered without one day's notice
given on the motion thereof, and to sustain such motion two-
thirds (%) of the members present and voting shall be required.

(b) Except as otherwise provided herein, the House upon two-
thirds (%) vote of the members present and voting may tempor-
arily suspend any rule.

RULE 60. Limitation on co-sponsorship of Bills and Resolutions.
Any member wishing to co-sponsor a bill or resolution which has



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1971) → online text (page 36 of 61)