North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1949) online

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22. Every member who shall be in the hall of the House for the
above purpose 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 application to be excused from voting or
to explain a vote shall be entertained unless made before the call
of the roll. The hall of the House shall include the lobbies and
offices connected with the hall.

23. When a motion is made it shall be stated by the Speaker
or, if written, it shall be handed to the Chair and read aloud by
the Speaker or Clerk before debate. A motion to table or adjourn
shall be seconded before the motion is put by the Speaker to the
vote of the House.

24. Every motion shall be reduced to writino-, if the Speaker
or any two members request it.

25. After a motion is stated by the Speaker or read by the
Clerk, it shall be deemed to be in possession of the House, but
may be withdrawn before a decision or amendment, except in
case of a motion to reconsider, which motion, when made by a
member, shall be deemed and taken to be in possession of the
House, and shall not be withdrawn without leave of the House.

26. When a question is under debate no motion shall be received
but to adjourn, to lay on the table, to postpone indefinitely, to
postpone to a day certain, to commit or amend, which several mo-
tions shall have precedence in the order in which they stand ar-
ranged; and no motion to lay on the table, to postpone indefinitely,
to postpone to a day certain, to commit or amend, being decided,
shall be again allowed at the same stage of the bill or proposition.

27. A motion to adjourn or lay on the table shall be decided
without debate, and a motion to adjourn shall always be in order,
except when the House is voting or some member is speaking; but
a motion to adjourn shall not follow a motion to adjourn until
debate or some other business of the House has intervened.

House op Representatives 323

28. In case of adjournment without any hour being named, the
House shall reconvene on the next legislative day at twelve o'clock

29. When a question has been postponed indefinitely, the same
shall not be acted on again during the session, except upon a two-
thirds vote.

30. Any member may call for a division of the question, when
the same shall admit of it, which shall be determined by the

31. When a motion has been once made and carried in the
affirmative or negative, it shall be in order for any member of the
majority to move for the reconsideration thereof, on the same or
succeeding day, unless it may have subsequently passed the Senate,
and no motion to reconsider shall be taken from the table except
by a two-thirds vote. But unless such vote has been taken by a
call of the yeas and nays, any member may move to reconsider.

32. When the reading of a paper is called for, which has been
read in the Houses, and the same is objected to by any member,
it shall be determined by a vote of the House.

33. Petitions, memorials, and other papers addressed to the
House shall be presented by the Speaker; a brief statement of the
contents thereof may be verbally made by the introducer before
reference to a committee, but shall not be debated or decided on
the day of their first being read, unless the House shall direct

34. When the ayes and noes are called for on any question, it
shall be on motion before the question is put; and if seconded
by one-fifth of the members present, the question shall be de-
cided by the ayes and noes; and in taking the ayes and noes, or
on a call of the House, the names of the members will be taken

35. Decency of speech shall be observed and personal reflection
carefully avoided.

3G. Any member may arise at any time to speak to a question
of personal privilege, and upon objection to him proceeding, the
Speaker shall determine if the question is one of privilege.

37. Fifteen members, including the Speaker, shall be authorized
to compel the attendance of absent members. A quorum shall con-
sist of a majority of the qualified members of the House.

324 North Carolina Manual

.38. No member or officer of the House shall absent himself from
the service of the House without leave, unless from sickness or

39. Any member may excuse himself from serving on any com-
mittee if he is a member of two standino- committees.

40. If any member shall be necessarily absent on temporary
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 thereby affected.

41. No standing: rule or order shall be rescinded or altered with-
out one day's notice given on the motion thereof, and to sustain
such motion two-thirds of the House shall be required.

42. The members of the House shall uncover their heads upon
entering the House while it is in session, and shall continue so
uncovered during their continuance in the hall, except Quakers.

43. A motion to reconsider shall be determined by a majority
vote, except a motion to reconsider an indefinite postponement, or
a motion to reconsider a motion tabling a motion to reconsider,
which shall require a two-thirds vote.

44. After a bill has been tabled or has failed to pass on any
of its reading:s, the contents of such bill or the principal pro-
visions 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 vote of two-thirds of the elected
membership of the House: 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. No amendment or rider to a bill before
the House shall be in order unless such rider or amendment is
germane to the bill under consideration.

45. A motion to table an amendment sent up from the floor shall
not be construed as a motion to table the principal bill or any other
amendment which has been offered thereto, and if such motion is
carried, only the amendment shall lie upon the table.

46. When a member desires to interrupt a member having the
floor he shall first obtain recognition by the Chair and permission
of the member occupying the floor, and when so recognized and

House of Representatives 325

such permission is obtained he may propound a question to the
member occupying the floor, but he shall not propound a series of
questions or interrogatories or otherwise interrupt the member
having the floor; and the Speaker shall, vi^ithout the point of order
being raised, enforce this rule.

Standing Committees

47. At the commencement of the session a standing committee
shall be appointed by the Speaker on each of the following sub-
jects, namely:

On Agriculture.

On Appropriations.

On Banks and Banking.

On Commercial Fisheries and Oyster Industry.

On Commission and Institutions for the Blind.

On Congressional Districts.

On Conservation and Development.

On Constitutional Amendments.

On Corporations.

On Counties, Cities, and TowTis,

On Courts and Judicial Districts.

On Drainage.

On Education.

On Election and Election Laws.

On Employment Security.

On Engrossed Bills.

On Expenditures of the House.

On Federal and Interstate Cooperation.

On Finance.

On Health.

On Higher Education.

On Mental Institutions.

On Institutions for the Deaf.

326 North Carolina Manual

On Insurance.

On the Journal.

On Judiciary No. 1.

On Judiciary No. 2.

On Manufacturers and Labor.

On Military Affairs.

On Penal Institutions.

On Propositions and Grievances.

On Public Utilities.

On Public Welfare.

On Roads.

On Rules.

On Salaries and Fees.

On Senatorial Districts.

On Teachers' and State EmiDloyees' Retirement.

On Veterans Leg-islation.

On Wildlife Resources.

Joint Committees

On Enrolled Bills.

On Justices of the Peace.

On Library.

On Printing'.

On Public Buildings and Grounds.

On Trustees of University.

The first member announced on each committee shall be chair-
man, and where the Speaker so desires he may designate a vice

48. 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 substitute adopted by the Senate for a
bill originating in the House, a conference committee shall be ap-
pointed upon motion made, consisting of the number named in
the motion; and the bill under consideration shall thereupon go

House of Representatives S27

to and be considered by the joint conferees on the part of the
House and Senate. In considering- matters in difference between
the House and Senate committed to the conferees only such mat-
ters as are in difference between the two houses shall be consid-
ered by the conferees, and the conference report shall deal only
with such matters. The conference report shall not be amended.
Except as herein set out, the rules of the House of Representatives
of Congress shall govern the appointment, conduct, and reports of
the conferees.

49. In forming a Committee of the House, the Speaker shall
leave the Chair, and a Chairman to preside in committee shall be
appointed by the Speaker.

50. Upon bills submitted to a Committee of the Whole House,
the jill shall be first read throughout by the Clerk, and then
again read and debated by sections, leaving the preamble to be
last considered. The body of the bill shall not be defaced or inter-
lined, but all amendments, noting the page and line, shall be duly
entered by the Clerk on a separate paper as the same shall be
agreed to by the committee, and so reported to the House. After
report, the bill shall again be subject to be debated and amended
by sections before a question on its passage be taken.

51. The lules of procedure in the House shall be observed in a
Committee of the Whole House, so far as they may be applicable,
except the rule limiting the time of speaking and the previous

52. In a Committee of the Whole House a motion that the com-
mittee rise shall always be in order, except when a member is
speaking, and shall be decided without debate.

53. Evei'y bill shall be introduced by motion for suspension of
the rules, or by order of the House, or on the report of a com-
mittee, unless introduced in regular order during the morning

54. All bills and resolutions shall be reported from the com-
mittee to which referred, with such recommendations as the com-
mittee may desire to make.

55. Every bill shall receive three readings in the House previous
to its passage, and the Speaker shall give notice at each whether

it be its fii'st, second, or third reading.

328 North Carolina Manual

56. Any member introducing a bill or resolution shall briefly
endorse thereon the substance of the same.

57. When a bill has been introduced and referred to a commit-
tee, if after ten days the committee has failed to report thereon,
then the author of the bill may, after three days' public notice
given in the House, on motion supported by a vote of two-thirds of
the Members present and voting, recall the same from the com-
mittee to the floor of the House for consideration and such action
thereon as a majority of the Members present may direct.

58. The Clerk of the House shall keep a separate calendar of
the public, local, and private bills, and shall number them in the
order 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. No bill shall be twice read on the same
day without the concurrence of two-thirds of the members.

59. All resolutions which may grant money out of the Treasury,
or such as shall be of public nature, shall be treated in all respects
in a similar manner with public bills.

60. The Clerk of the House shall be deemed to continue in office
until another is appointed.

61. On the point of no quorum being raised, the doors shall be
closed and there shall be a call of the House, and upon a call of
the House the names of the members shall be called over by the
Clerk and the absentees noted, after which the name of the absen-
tees shall again be called over. Those for whom no excuse or suf-
ficient excuses are made may, by order of those present, if fifteen
in number, be taken into custody as they appear, or may be sent
for and taken into custody wherever to be found by special mes-
senger appointed for that purpose.

Previous Question

62. The previous question shall be as follows: "Shall the main
question be now put?" and, until it is decided, shall preclude all
amendments and debate. If this question shall be decided in the
affirmative, the "main question" shall be on the passage of the bill,
resolution, or other matter under consideration; but when amend-
ments are pending, the question shall be taken upon such amend-

House of Representatives 329

merits, in inverse order, w^ithout further debate or amendment. If
such question be decided in the negative, the main question shall
be considered as remaining under debate: Provided, that no one
shall move the previous question except the member submitting
the report on the bill or other matter under consideration, and the
member introducing the bill or other matter under consideration,
or 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.

When a motion for the previous question is made, and pending
the second thereto by a majority, debate shall cease; but if any
member obtains the floor, he may move to lay the matter under
consideration on the table, or move an adjournment, and when both
or either of these motions are pending the question shall stand:

(1) Previous question.

(2) To adjourn.

(3) To lay on the table.

And then upon the main question, or amendments, or the motion
to postpone indefinitely, postpone to a day certain, to commit, or
amend, in the order of their precedence, until the main question
is reached or disposed of; but after the previous question has been
called by a majority, no motion, or amendment, or debate shall
be in order.

All motions below the motions to lay on the table must be made
prior to a motion for the previous question; but, pending and not
after the second therefor, by the majority of the House, a motion
to adjourn or lay on the table, or both, are in order. This consti-
tutes the precedence of the motions to adjourn and lay on the table
over other motions, in Rule 25.

Motions stands as follows in order of precedence in Rule 26 :

Previous question.


Lay on the table.

Postpone definitely.

To commit or amend.

When the previous question is called, all motions below it fall,
unless made prior to the call, and all motions above it fall after

330 North Carolina Manual

its second by a majority required. Pendiii,ii- the second, the motions
to adjourn and lay on the table are in order, but not after a second.
When in order and every motion is before the House, the question
stands as follows :

Previous question.


Lay on the table.

Postpone indefinitely.

Postpone definitely.

To commit. вЦ†

Amendment to amendment.




The previous question covers all other motions when seconded
by a majority of the House, and proceeds by regular g-raduation
to the main question, without debate, amendment, or motion, until
such question is reached or disposed of.

63. All committees, other than the Committee on Appropria-
tions, when favorably reporting- any bill which carries an appro-
priation 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 com-
mittees, 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 re-referred to the Committee on Finance for
a further report before being acted upon by the House.

64. The Principal Clerk and the Sergeant-at-Arms may appoint,
with the approval of the Speaker, such assistants as may be neces-
sary to the efficient discharge of the duties of their various offices,
and one or more of whom may be assigned by the Speaker from
the Principal Clerk's office to the office of the Attorney General
for the purpose of drafting bills.

65. The Speaker may appoint a Clerk to the Speaker, a Chap-
lain of the House, and he may also appoint ten pages to wait upon
the sessions of the House, and when the pressure of business may
require, he may appoint five additional pages.

House of Representatives 331

66. The Chairman of each of the following' committees: Agri-
culture, Appropriations, Banks and Banking, Conservation and
Development, Constitutional Amendments, Counties, Cities, and
Towns, Courts and Judicial Districts, Education, Elections and
Election Laws, Employment Compensation, Finance, Health,
Higher Education, Insurance, Judiciary No. 1, Judiciary No. 2,
Manufacturers and Labor, Mental Institutions, Military Affairs,
Propositions and Grievances, Public Utilities, Public Welfare,
Roads, Rules, Salaries and Fees, Veterans Legislation and Wild-
life Resources may each appoint a clerk to the said committee. All
committee clerks heretofore provided for are to be appointed by
and with the approval of the Speaker. With the exception of the
Clerks appointed to the Appropriations and Finance, the Clei-ks
to all the other above-named committees, when not on duty with
their specific committee shall report to and be under the super-
vision of the Principal Clerk of the House for assignment to
special duty with other committees and to serve the convenience
of the members of the House.

67. The Chairman of all committees shall notify, or cause to be
notified, the first named introducer on such bills as are set for
hearing- before their respective committees, the date, time and
place of such hearing.

68. That no clerk, laborer, or other person employed or ap-
pointed under Rules 59, 60, and 61 hereof shall receive during such
employment, appointment, or service any compensation from any
department of the State Government, or from any other source,
and there shall not be voted, paid, or awarded any additional pay,
bonus or gratuity to any of them, but said persons shall receive
only the pay for such duties and services as now provided by law.
When the House is not in session the pages shall be under the
supervision of the Principal Clerk.

69. The chairman and five other members of any committee
shall constitute a quorum of said committee for the transaction
of business.

70. The Committee on the Journal shall examine daily the
Journal of the House before the hour of convening, and report
after the opening of the House whether or not the proceedings of
the previous day have been correctly recorded.

332^ North Carolina Manual

71. When a bill shall be reported by a committee with a recom-
mendation that it be not passed, but accompanied by a minority
report, the question before the House shall be "The adoption of
the minority report," and if failing to be adopted by a majority
vote, the bill shall be placed upon the unfavorable calendar. Such
minority report shall be signed by at least one-fourth of the mem-
bers of the Committee who were present and voting when the
bill was considered in Committee. In the event there is an un-
favorable report with no minority report accompanying it, the
bill shall be placed upon the unfavorable calendar. To take a bill
from the unfavorable calendar, a two-thirds vote shall be

72. A bill from the unfavorable calendar shall not be debatable,
but the movant may make a brief and concise statement of the
reasons for the motion before making the motion, taking not more
than five minutes.

73. Whenever a public bill is introduced a carbon copy thereof
shall accompany the bill. The Reading Clerk shall stamp the copy

_ with the number stamped upon the original bill. Such copy shall
be daily delivered to the joint committee hereinafter provided for.
The Principal Clerk shall deliver the carbon copy of the bill desig-
nated to be printed, as hereinafter provided for, to the Public
Printer and cause four hundred copies thereof to be printed. On
the morning following the delivery of the printed copies, the Chief
Clerk shall cause the chief page to have one copy thereof put upon
the desk of each member and shall retain the other printed copies
in his office. A sufficient number of the printed copies for the use
of the committee to which the bill is referred shall be by the chief
page delivered to the chairman or clerk of that committee. If the
bill is passed, the remaining copies shall be by the chief page de-
livered to the Principal Clerk of the Senate for the use of the
Senate. The cost of printing shall be paid from the contingent
fund of the House of Representatives. The Chairman of the Rules
Committee of the House and the Chairman of the Rules Committee
of the Senate shall appoint a sub-committee consisting of two
members of the House and two members of the Senate from the
body of the House and Senate, and such chairmen shall notify the
Principal Clerk of the House and the Senate who has been so ap-
pointed. Such sub-committee shall meet daily and examine the

House of Representatives 333

carbon copies of the public bills introduced and determine which
of such bills shall be printed and which shall not, and stamp the
copies accordingly. Such sub-committees shall serve for one week
unless for good cause the chairmen of the respective rules com-
mittees shall determine otherwise. If the member introducing a
public bill, which the committee shall determine should not be
printed, so desires, he may appear before the committee at the next
meeting thereof with reference thereto.

74. Whenever any resolution or bill is introduced a carbon copy
thereof shall be attached thereto, and the Principal Clerk shall
cause said carbon 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. In case the resolu-
tion or bill is a public resolution or bill, an additional carbon copy
shall also be attached thereto for the use of the Public Printer,
under the provisions of Rule 66.


Constitution of North Carolina

Sec. 29. Limitations upon power of General Assembly to enact
p7'ivate or special legislation.

The General Assembly shall not pass any local, private, or
special act or resolution relating to the establishment of courts
inferior to the Superior Court; relating to the appointment of
justices of the peace; relating to health, sanitation, and the abate-
ment of nuisances; changing the names of cities, towns, and
tovimships; authorizing the laying out, opening, altering, main-
taining, or discontinuing of highways, streets, or alleys; relating
to ferries or bridges, relating to non-navigable streams, relating
to cemeteries; relating to the pay of jurors; erecting new town-
ships, or changing township lines, or establishing or changing the
line of school districts; remitting fines, penalties, and forfeitures,
or refunding moneys legally paid into the Public Treasury; regu-
lating labor, trade, mining, or manufacturing; extending the time
for the assessment or collection of taxes or otherwise relieving
any collector of taxes from the due performance of his official
duties or his sureties from liability; giving effect to informal wills

334 North Carolina Manual

and deeds; nor shall the General Assembly enact any such local,
private, or special act by the partial repeal of a general law, but
the General Assembly may at any time repeal local, private, or
special laws enacted by it. Any local, private or special act or
resolution passed in violation of the provisions of this section shall
be void. The General Assembly shall have power to pass general
laws regulating- matters set out in this section.

House of Kepresentatives 335

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