H.R. 1230
GENERAL ASSEMBLY OF NORTH CAROLINA
Jun 2, 2020
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE SIMPLE RESOLUTION DRHR10839-MM-132
Sponsors: Representative Lewis.
Referred to:
1 A HOUSE RESOLUTION TO EXTEND A HOUSE RESOLUTION AMENDING THE 2019
2 HOUSE PERMANENT RULES OF THE 2019 GENERAL ASSEMBLY DURING
3 EMERGENCIES.
4 Be it resolved by the House of Representatives:
5 SECTION 1. House Resolution 1044, adopted April 28, 2020, expired May 31,
6 2020. House Resolution 1044 is hereby readopted in full by the House of Representatives as it
7 existed at the time it expired and reads as rewritten:
8 "SECTION 1. As a result of the public health dangers resulting from the COVID-19
9 pandemic, the following shall apply to the 2019 House Permanent Rules:
10 (1) RULE 1 shall read as follows: "RULE 1. Convening Hour. – The House shall
11 convene each legislative day at the hour fixed by the House. In the event the
12 House adjourns on the preceding legislative day without having fixed an hour
13 for reconvening, the House shall convene on the next legislative day at 10:00
14 A.M."
15 (2) RULE 2 shall read as follows: "RULE 2. Opening the Session. – The
16 Sergeant-at-Arms or the Principal Clerk shall clear the House 10 minutes
17 before the convening hour. At the convening hour on each legislative day, the
18 Speaker or the Speaker's designee shall call the members to order."
19 (3) RULE 3(b) shall read as follows: "(b) Should the point of a quorum be
20 raised, the Clerk shall open an electronic roll call of the House and enter as
21 present a member responding by vote. The time allowed for the response shall
22 be the greater of 40 30 minutes, unless without objection, the Chair directs
23 otherwise, and the time at which the sixty-first vote is recorded. In the absence
24 of a quorum comprised of members responding to the call, the House may
25 only stand in recess or adjourn."
26 (3a) RULE 4(b) shall read as follows: "(b) Immediately following the call to
27 order the Speaker shall call for the Journal report by the Chair of the Standing
28 Committee on Rules, Calendar, and Operations of the House, or by a
29 Representative designated by the Chair, as to whether the proceedings of the
30 previous day have been correctly recorded. Without objection, the Speaker
31 shall cause the Journal to stand approved."
32 (4) RULE 7(a) shall read as follows: "RULE 7. Obtaining Floor. – (a) No
33 member on the floor shall proceed until recognized by the Speaker for a
34 purpose. When any member on the floor desires recognition for any purpose,
35 the member shall rise and respectfully address the Speaker. When any member
36 who has designated a Leader to cast the member's vote desires to propound a
37 question, the member shall submit the question to the Majority or Minority
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1 Leader to have the question brought forward, and the Leader or the Leader's
2 designee, shall rise, shall respectfully address the Speaker, and upon being
3 recognized, shall identify the member desiring to propound the question and
4 state the question propounded."
5 (5) RULE 8.1 shall read as follows: "RULE 8.1. Points of Personal Privilege;
6 Representative Statements; Explanation of Vote. – Upon recognition by
7 the Speaker for that purpose, any member may speak to a point of personal
8 privilege for a time not exceeding three minutes. The Speaker shall determine
9 if the question raised is one of personal privilege and shall, without the point
10 of order being raised, enforce this rule. A member may reserve some or all of
11 that time to explain to the House a "Representative Statement"; provided,
12 however, that the reading of the Representative Statement shall only occur
13 following session. Upon motion supported by a majority present and voting,
14 that statement may be spread upon the Journal. Neither personal privilege nor
15 a Representative Statement may be used to explain a vote, debate a bill, or in
16 any way disrupt the regular business of the House, nor shall such opportunities
17 be used to solicit support or sponsors for any bill. The format of a
18 Representative Statement shall be prescribed by the Chair of the Standing
19 Committee on Rules, Calendar, and Operations of the House, but in any case
20 shall speak only in the voice of the member submitting it."
21 (6) RULE 12(i) shall read as follows: "(i) The use of a mobile device or
22 cellular phone for the purpose of making or receiving a phone call shall not
23 be permitted in the House Chamber while the House is in session. During a
24 vote the Majority Leader and the Minority Leader may use electronic
25 technology, including a mobile device or cellular phone, to communicate in
26 real time with members who have filed a voting designation pursuant to Rule
27 22.1, provided such use does not otherwise disrupt the decorum of the
28 chamber."
29 (7) RULE 12 shall be amended to have the following additional subdivision: "(k)
30 As deemed necessary by the Chair of the Standing Committee on Rules,
31 Calendar, and Operations of the House, the chamber may be used by
32 committees for committee purposes."
33 (8) RULE 13(a) shall read as follows: "RULE 13. Motions Generally. – (a) A
34 motion that is complex, complicated, or otherwise not easily understood shall
35 be reduced to writing at the request of the Speaker or any member. No motion
36 relating to a bill shall be in order that does not identify the bill by its number
37 and short title. No motion may be made, nor business presented, by a member
38 who has filed a voting designation pursuant to Rule 22.1 affirming the member
39 will not be present in the House during the time the designation is in effect
40 and has not been revoked."
41 (9) RULE 15(a) shall read as follows: "RULE 15. Motion to Adjourn. – (a) A
42 motion to adjourn shall be put to the vote of the House without being
43 seconded."
44 (10) RULE 15.1 shall read as follows: "RULE 15.1. Motion to Adjourn or Stand
45 in Recess; Standard Stipulations. – A motion to adjourn or stand in recess
46 subject to the standard stipulations shall constitute a motion to adjourn or
47 stand in recess subject to the ratification of bills, messages from the Senate,
48 committee reports, conference reports, referral and re-referral of bills and
49 resolutions, appointment of conferees, introduction of bills and resolutions,
50 committee appointments, the reading of Representative Statements, and the
51 receiving of petitions, memorials, or papers addressed to the House.House."
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1 (11) RULE 20(c) shall read as follows: "(c) When the electronic voting system
2 is used, 40 30 minutes shall be allowed for voting on the question before the
3 House unless, without objection, the Chair shall direct otherwise. The Chair
4 may direct a procedure whereby members vote at designated times within the
5 time allowed for voting. Once the system is locked, the vote shall be recorded
6 and printed."
7 (12) The Rules are amended by adding a new rule to read: "RULE 22.1.
8 Designated Voting. – A member who is not present may designate either the
9 Majority or the Minority Leader to cast the member's vote if all the following
10 requirements are met:
11 (a) The member has filed a voting designation stating the member will not
12 be present in the House and identifying either the Majority or Minority
13 Leader as the member's voting designee. If the designated Leader has
14 an excused absence from the House, the designated Leader may
15 appoint another member to cast all votes designated to that Leader.
16 Any designation or appointment under this subdivision shall be on a
17 form made available from and filed with the Principal Clerk, shall
18 include a commencement and expiration date, and may be revoked in
19 writing, electronic or otherwise, at any time.
20 (b) At least 61 members have voted in the House Chamber when the
21 question is put, after which the Speaker shall call upon the Majority
22 and Minority Leaders to cast the votes of members who have made a
23 designation pursuant to this Rule.
24 (c) At least three hours have elapsed from the time the bill to be voted on
25 was placed on the calendar."
26 (13) RULE 22(b) shall read as follows: "(b) Except as provided in Rule 22.1, no
27 member may vote unless the member is in the Chamber when the question is
28 put. This subsection of this rule cannot be suspended."
29 (14) RULE 26(f) shall read as follows: "(f) The chair or acting chair, designated
30 by the chair or by the Speaker, and five other members of the standing
31 committee or permanent subcommittee, or a majority of the standing
32 committee or permanent subcommittee, whichever is fewer, shall constitute a
33 quorum of that standing committee or permanent subcommittee. A quorum of
34 less than a majority of all the members must include at least one member of
35 the minority party. For purposes of determining a quorum, the Chair of the
36 Standing Committee on Rules, Calendar, and Operations of the House; the
37 Speaker Pro Tempore; the Majority Leader; and the Deputy Majority Leader,
38 when serving only as ex officio members under subsection (e) of this rule,
39 shall be counted among the membership of the committee or subcommittee
40 only when present or participating remotely pursuant to Rule 28(a). A
41 committee member who is participating remotely under Rule 28(a) shall be
42 counted as present for quorum purposes."
43 (15) RULE 28(a) shall read as follows: "RULE 28. Standing Committee and
44 Permanent Subcommittee Meetings. – (a) Standing committees and
45 permanent subcommittees of standing committees shall be furnished with
46 suitable meeting places pursuant to a schedule established by the Chair of the
47 Standing Committee on Rules, Calendar, and Operations of the House. Select
48 committees shall be furnished with suitable meeting places as their needs
49 require by the Chair of the Standing Committee on Rules, Calendar, and
50 Operations of the House. Committees may conduct meetings with members
51 participating remotely provided all the following requirements are met:
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1 (a) Each member is able to communicate, in real time, with all other
2 members by (i) in-person communication, (ii) remote communication
3 using devices or programs that transmit audio or audio and video, or
4 (iii) both.
5 (b) All documents considered by the committee are provided to members.
6 (c) The committee otherwise complies with G.S. 143-318.13(a)."
7 (16) RULE 30 shall read as follows: "RULE 30. Committee of the Whole House.
8 – A Committee of the Whole House shall not be formed."
9 (17) RULE 31(a) shall read as follows: "RULE 31. Introduction of Bills and
10 Resolutions. – (a) All bills and resolutions shall be introduced only by
11 submitting the same to the Principal Clerk's office using the member's
12 electronic dashboard. The bill or resolution must be submitted by 3:00 P.M.,
13 or 30 minutes after adjournment of a session later than 3:00 P.M., in order to
14 be read a first time on that legislative day."
15 (18) Notwithstanding RULES 32 and 41, a resolution or bill may be placed on the
16 calendar without being referred by the Speaker to a committee and on the same
17 legislative day of its introduction or receipt from the Senate; provided,
18 however, no vote may be taken on such bill until at least three hours have
19 elapsed from the time it is placed on the calendar and the time the question is
20 put.
21 (19) RULE 32(e) is repealed.
22 (20) RULE 34(b) shall read as follows: "(b) A bill may be filed for introduction
23 without the signature of each member whose name appears on the preprinted
24 bill jacket as a primary sponsor if each such member has approved being
25 included as a primary sponsor using the member's electronic dashboard."
26 (21) Notwithstanding RULE 36(b), a bill reported favorably by a committee or
27 received for concurrence may be placed on the favorable calendar on the same
28 day it is reported. The Speaker shall provide notice as soon as practicable to
29 the Majority and the Minority Leader if the Speaker anticipates a bill will be
30 placed on the favorable calendar the same day it is reported.
31 (22) Notwithstanding RULE 36.1A, a proposed committee substitute does not have
32 to be distributed electronically to committee members on the preceding
33 calendar day in order to be considered by the committee.
34 (23) RULE 39(a) shall read as follows: "RULE 39. Discharge Petition. – (a) A
35 motion to discharge a committee from consideration of a bill may be filed with
36 the Principal Clerk by a primary sponsor of that measure if accompanied by a
37 petition asking that the committee be discharged from further consideration of
38 the bill. No motion may be filed until 10 legislative days after the bill has been
39 referred to the committee. No petition may be filed until notice has been given
40 on the floor of the House that the petition is to be filed and the primary sponsor
41 giving notice has obtained a fiscal note from the Fiscal Research Division on
42 the bill, which note shall be attached to the petition. Members may submit the
43 petition or submit their name to be added to a petition by submitting an
44 electronic mail indicating such submission with the office of the Principal
45 Clerk, and when the signatures of 61 members appear on the petition, the
46 Principal Clerk shall place that motion on the calendar for the next legislative
47 day as a special order of business. Members may withdraw their names at any
48 time until 61 names appear. If the motion is adopted by the House, then the
49 committee to which the bill or resolution has been referred is discharged from
50 further consideration of the bill, and that bill is placed on the calendar for the
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1 next legislative day as a special order of business. The Principal Clerk shall
2 provide a form for discharge petitions."
3 (24) Notwithstanding RULE 41:
4 (a) The first reading and reference to a standing committee of a House bill