H.R. 1
GENERAL ASSEMBLY OF NORTH CAROLINA
Jan 13, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE SIMPLE RESOLUTION DRHR30003-MM-4D
Sponsors: Representative D. Hall.
Referred to:
1 A HOUSE RESOLUTION ADOPTING THE TEMPORARY RULES OF THE HOUSE OF
2 REPRESENTATIVES FOR THE 2021 REGULAR SESSION.
3 Be it resolved by the House of Representatives:
4 SECTION 1. The temporary rules of the Regular Session of the House of
5 Representatives of the 2021 General Assembly are:
6 TEMPORARY RULES OF THE HOUSE OF REPRESENTATIVES FOR THE
7 REGULAR SESSION OF THE 2021 GENERAL ASSEMBLY OF NORTH CAROLINA
8 I. Order of Business, 1-5.1
9 II. Conduct of Debate, 6-12
10 III. Motions, 13-19
11 IV. Voting, 20-25
12 V. Committees, 26-30
13 VI. Handling of Bills, 31-44.2
14 VII. Legislative Officers and Employees, 45-49
15 VIII. Privileges of the Hall, 50-53
16 IX. General Rules, 54-62
17 I. Order of Business
18 RULE 1. Convening Hour, Limitation on Legislative Sessions. – The House shall
19 convene each legislative day at the hour fixed by the House. In the event the House adjourns on
20 the preceding legislative day without having fixed an hour for reconvening, the House shall
21 convene on the next legislative day at 2:00 P.M. During January and February of 2021, no
22 sessions may be held on Friday. Without leave of the House, no session shall continue after 10:00
23 P.M. on Monday nor after 9:00 P.M. on any other days, and the Speaker shall adjourn the House
24 without motion at that point, except that a motion may be made as to the time and day of next
25 convening. Except for votes on motions to approve the journal and to adjourn, no votes may be
26 held on any Sunday.
27 RULE 1.1. Emergencies. – (a) In the event of a disaster, natural or otherwise, that
28 precludes the General Assembly from meeting in the Legislative Building, the members will be
29 notified by the Speaker where and when the House will convene.
30 (b) In the event of a State of Emergency that threatens the health and safety of
31 members, the Speaker may invoke the modifications to these rules contained in and pursuant to
32 Rule 58.1. The Speaker may terminate the use of the modifications upon 24 hours' written notice
33 to the Majority Leader, the Minority Leader, and the Principal Clerk.
34 RULE 2. Opening the Session. – The Sergeant-at-Arms shall clear the House 10
35 minutes before the convening hour. At the convening hour on each legislative day, the Speaker
36 shall call the members to order and shall have the session opened with prayer. At the convening
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1 hour, the Speaker, or the Speaker's designee, shall lead the members in the Pledge of Allegiance
2 to the American Flag.
3 RULE 3. Quorum. – (a) A quorum consists of a majority of the qualified members
4 of the House.
5 (b) Should the point of a quorum be raised, the doors shall be closed, and the
6 Clerk shall call the roll of the House, after which the names of those not responding shall again
7 be called. In the absence of a quorum, 15 members are authorized to compel the attendance of
8 absent members and may order that absentees for whom no sufficient excuses are made be taken
9 into custody wherever they may be found by special messenger appointed for that purpose.
10 RULE 4. Approval of Journal. – (a) The Chair of the Standing Committee on Rules,
11 Calendar, and Operations of the House shall cause the Journal of the House to be examined daily
12 before the hour of convening to determine if the proceedings of the previous day have been
13 correctly recorded.
14 (b) Immediately following the Pledge of Allegiance, the Speaker shall call for the
15 Journal report by the Chair of the Standing Committee on Rules, Calendar, and Operations of the
16 House, or by a Representative designated by the Chair, as to whether the proceedings of the
17 previous day have been correctly recorded. Without objection, the Speaker shall cause the Journal
18 to stand approved.
19 RULE 5. Order of Business of the Day. – After the approval of the Journal of the
20 preceding day, except by leave of the House, the House shall proceed to business in the following
21 order:
22 (1) The receiving of petitions, memorials, and papers addressed to the General
23 Assembly or to the House;
24 (2) Messages from the Governor;
25 (3) Ratification of bills;
26 (4) Reports of standing committees;
27 (5) Reports of select committees;
28 (6) First reading and reference to committee of bills and resolutions;
29 (7) Messages from the Senate;
30 (8) Concurrence with Senate amendments or Senate committee substitutes;
31 (9) The unfinished business of the preceding day;
32 (10) Calendar (each category in accordance with Rule 40 – House bills first):
33 a. Resolutions for adoption
34 b. Conference reports for adoption
35 c. Local bills (roll call), third reading
36 d. Local bills (roll call), second reading
37 e. Local bills, third reading
38 f. Local bills, second reading
39 g. Public bills (roll call), third reading
40 h. Public bills (roll call), second reading
41 i. Public bills and resolutions, third reading
42 j. Public bills and resolutions, second reading;
43 (11) Reading of notices and announcements;
44 (12) Reading of Representative Statements.
45 RULE 5.1. Pro Forma Sessions. – (a) The following motions, votes, and matters and
46 no others are in order during a pro forma session:
47 (1) A motion and vote to approve the Journal;
48 (2) The receiving of petitions, memorials, and papers addressed to the General
49 Assembly or to the House;
50 (3) Messages from the Governor;
51 (4) Ratification of bills;
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1 (5) Reports of standing committees;
2 (6) First reading and reference to committee of bills and resolutions;
3 (7) Messages from the Senate;
4 (8) Submission of conference reports;
5 (9) A motion and vote to adjourn subject to the standard stipulations under Rule
6 15.1.
7 (b) As used in these rules, a pro forma session occurs when the Speaker notifies
8 the body, either by announcement in the chamber or electronically using the General Assembly
9 e-mail system, that no motions, votes, or matters other than those allowed under subsection (a)
10 of this rule will be taken during a future designated session.
11 II. Conduct of Debate
12 RULE 6. Duties and Powers of the Speaker. – The Speaker shall have general
13 direction of the Hall, subject to more specific provisions of these rules. The Speaker may name
14 any member to perform the duties of the chair, but substitution shall not extend beyond one day,
15 except in the case of sickness or by leave of the House. If the Speaker is absent and has not
16 designated a member or the Principal Clerk to perform the duties of the chair, the Speaker Pro
17 Tempore shall preside during such absence. In the case of a vacancy in the office of the Speaker
18 of the House of Representatives, the Principal Clerk shall preside over the House until the House
19 elects a Speaker.
20 RULE 7. Obtaining Floor. – (a) When any member desires recognition for any
21 purpose, the member shall rise and respectfully address the Speaker. No member shall proceed
22 until recognized by the Speaker for a purpose.
23 (b) When a member desires to interrupt a member having the floor, the member
24 shall first obtain recognition by the Speaker and permission of the member occupying the floor,
25 and when such recognition and permission have been obtained, he or she may propound a
26 question to the member occupying the floor; but he or she shall not otherwise interrupt the
27 member having the floor, except as provided in subsection (c) of this rule; and the Speaker shall,
28 without the point of order being raised, enforce this rule.
29 (c) A member who has obtained the floor may be interrupted only for the
30 following reasons:
31 (1) A request that the member speaking yield for a question,
32 (2) A point of order,
33 (3) A parliamentary inquiry, or
34 (4) A question of privilege.
35 RULE 8. Questions of Privilege. – Upon recognition by the Speaker for that purpose,
36 any member may speak to a question of privilege for a time not to exceed three minutes.
37 Questions of privilege shall be those affecting, first, the rights of the House collectively, its
38 safety, dignity, and the integrity of its proceedings; second, the rights, reputation, and conduct of
39 members, individually, in their representative capacity only; and shall have precedence over all
40 other questions, except motions to adjourn. Privilege may not be used to explain a vote or debate
41 a bill. The Speaker shall determine if the question is one of privilege and shall, without the point
42 of order being raised, enforce this rule.
43 RULE 8.1. Points of Personal Privilege; Representative Statements; Explanation
44 of Vote. – Upon recognition by the Speaker for that purpose, any member may speak to a point
45 of personal privilege for a time not exceeding three minutes. The Speaker shall determine if the
46 question raised is one of personal privilege and shall, without the point of order being raised,
47 enforce this rule. A member may use some or all of that time to explain to the House a
48 "Representative Statement." Upon motion supported by a majority present and voting, that
49 statement may be spread upon the Journal. Neither personal privilege nor a Representative
50 Statement may be used to explain a vote, debate a bill, or in any way disrupt the regular business
51 of the House, nor shall such opportunities be used to solicit support or sponsors for any bill. The
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1 format of a Representative Statement shall be prescribed by the Chair of the Standing Committee
2 on Rules, Calendar, and Operations of the House, but in any case shall speak only in the voice of
3 the member submitting it.
4 RULE 9. Points of Order. – (a) The Speaker shall decide questions of order, which
5 once raised, are not debatable. Any member may appeal from the ruling of the chair on questions
6 of order; on such appeal no member may speak more than once, unless by leave of the House. A
7 three-fifths vote of the members present shall be necessary to sustain any appeal from the ruling
8 of the chair.
9 (b) When the Speaker calls a member to order, the member shall be seated, except
10 that a member called to order may clear a matter of fact, or explain, but shall not proceed in
11 debate so long as the decision stands. If the member appeals from the ruling of the chair and the
12 decision by a three-fifths vote of the members present be in favor of the member called to order,
13 the member may proceed; if otherwise, the member shall not; and if the case, in the judgment of
14 the House, requires it, the member shall be liable to censure by the House.
15 RULE 10. Limitations on Debate. – (a) No member shall speak on, debate, or solicit
16 cosponsors for a bill or resolution at its first reading.
17 (b) No member shall speak more than twice on the main question nor longer than
18 15 minutes for the first speech and five minutes for the second speech; nor shall the member
19 speak more than twice upon an amendment or a motion to reconsider, re-refer, or postpone or
20 any motion on concurrence, and then not longer than 10 minutes for the first speech and five
21 minutes for the second speech.
22 (c) A member may speak only once and for not more than 10 minutes on the
23 question of the adoption of a minority report.
24 (d) In computing the time allowed for argument, the time consumed in answering
25 questions should be considered and is taken out of any time allowed that member.
26 (e) The House, by consent of a majority of the members present, may suspend the
27 operation of subsections (b) through (d) of this rule during any debate on any particular question
28 before the House.
29 RULE 11. Reading of Papers. – When there is a call for the reading of the text of a
30 paper which has been presented to the House and there is objection to such reading, the question
31 shall be determined by a majority vote of the members of the House present. Except for protests
32 permitted by the Constitution, no member may have material printed in the Journal until said
33 material has been presented to the House and the printing approved by the House, and said
34 material shall not exceed 1,000 words.
35 RULE 12. General Decorum. – (a) The Speaker shall preserve order and decorum.
36 (b) Decency of speech shall be observed and disrespect to personalities carefully
37 avoided.
38 (c) When the Speaker is putting any question or addressing the House, no person
39 shall speak, stand up, walk out of, or cross the House, nor, when a member is speaking, engage
40 in disruptive discourse or pass between the member and the chair.
41 (d) Food shall not be permitted on the floor of the House during the first hour of
42 the daily session.
43 (e) The reading of newspapers shall not be permitted on the floor of the House
44 while the House is in session.
45 (f) The consumption of food or beverages shall not be permitted in the galleries
46 at any time.
47 (g) Special recitals and performances by musicians or other groups shall not be
48 permitted on the floor of the House, and special guests of members of the House shall not be
49 permitted on the floor of the House.
50 (h) Members shall observe appropriate attire: coat and tie for male members and
51 dignified dress for female members.
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1 (i) The use of a mobile device or cellular phone for the purpose of making or
2 receiving a phone call shall not be permitted in the House Chamber while the House is in session.
3 (j) Placards, stickers, or signs are not permitted in the House Chamber.
4 III. Motions
5 RULE 13. Motions Generally. – (a) A motion that is complex, complicated, or
6 otherwise not easily understood shall be reduced to writing at the request of the Speaker or any
7 member. No motion relating to a bill shall be in order that does not identify the bill by its number
8 and short title.
9 (b) When a motion is made, it shall be stated by the Speaker or, if written, it shall
10 be handed to the chair and read aloud by the Speaker or Clerk before debate.
11 (c) After a motion has been stated by the Speaker or read by the Speaker or Clerk,
12 it shall be in the possession of the House; but it may be withdrawn before a decision or
13 amendment, except in case of a motion to reconsider, which motion, when made by a member,
14 shall be in possession of the House and shall not be withdrawn without leave of the House.
15 RULE 14. Motions, Order of Precedence. – When there are motions before the
16 House, the order of precedence is as follows:
17 To adjourn.
18 To recess.
19 To lay on the table.
20 Previous question.
21 To postpone indefinitely.
22 To reconsider.
23 To postpone to a day certain.
24 To re-refer.
25 To amend an amendment.
26 To amend.
27 To pass the bill.
28 No motion to lay on the table, to postpone indefinitely, to postpone to a day certain,
29 to re-refer, to divide the question, or to make a particular amendment, being decided, shall be
30 again allowed at the same stage of the bill or proposition.
31 RULE 15. Motion to Adjourn. – (a) A motion to adjourn shall be seconded before
32 the motion is put to the vote of the House.
33 (b) A motion to adjourn shall