FILED SENATE
Jan 13, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.R. 1
SESSION 2021 PRINCIPAL CLERK
S D
SENATE SIMPLE RESOLUTION DRSR45010-MM-9a
Sponsors: Senator Rabon (Primary Sponsor).
Referred to:
1 A SENATE RESOLUTION ADOPTING THE PERMANENT RULES OF THE SENATE FOR
2 THE REGULAR SESSION OF THE 2021 GENERAL ASSEMBLY.
3 Be it resolved by the Senate:
4 SECTION 1. The permanent rules for the Regular Session of the Senate shall be as
5 follows:
6 PERMANENT RULES OF
7 THE REGULAR SESSION OF THE SENATE
8 2021 GENERAL ASSEMBLY OF NORTH CAROLINA
9 I. Order of Business, Rules 1-7
10 II. Conduct of Debate, Rules 8-17
11 III. Motions, Rules 18-24.1
12 IV. Voting, Rules 25-30
13 V. Committees, Rules 31-37.2
14 VI. Handling Bills, Rules 38-59.2
15 VII. Legislative Officers and Employees, Rules 60-65
16 VIII. General Rules, Rules 66-77.
17 I. ORDER OF BUSINESS
18 RULE 1. Rules controlling the Senate of North Carolina and its committees. –
19 The following rules shall govern and control all actions and procedures of the Senate and its
20 committees.
21 RULE 1.1. Emergencies. – In the event of a disaster, natural or otherwise, that
22 precludes the General Assembly from meeting in the Legislative Building, the members will be
23 notified by the President Pro Tempore where and when the Senate will convene.
24 RULE 2. Convening hour. – (a) The Presiding Officer shall take the Chair at the
25 hour fixed by the Senate upon adjournment on the preceding legislative day and shall call the
26 members to order. In case the Senate adjourned on the preceding legislative day without having
27 fixed the hour of reconvening, the Senate shall reconvene on the next legislative day at 2:00 P.M.,
28 except that if the next legislative day is Monday, the time for reconvening shall be 7:00 P.M.
29 (b) At the hour fixed by the Senate upon adjournment on the preceding legislative
30 day, or at the hour to which the Senate has previously recessed on that same legislative day, and
31 upon direction from the President Pro Tempore of the Senate or the Chairman of the Committee
32 on Rules and Operations of the Senate, the Principal Clerk of the Senate may convene the Senate
33 for the purpose of announcing to the Chamber that the Senate stands in recess until a later,
34 specified hour.
35 RULE 3. Opening the session. – The Presiding Officer shall, upon order being
36 obtained, have the sessions of the Senate opened with prayer.
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1 RULE 4. Convening and presiding in absence of President. – In the absence of the
2 President, the President Pro Tempore or a Senator designated by the President Pro Tempore shall
3 convene or reconvene the Senate and preside, and during such time shall be vested with all
4 powers of the President of the Senate except that of casting a vote in case of a tie when the
5 President Pro Tempore or the designated Presiding Officer has already voted on the question as
6 a Senator. In the event of the absence of the President and President Pro Tempore at any time
7 fixed for the reconvening of the Senate, the Senate shall be called to order by a member
8 designated by the President Pro Tempore, or if no member is designated, by the Deputy President
9 Pro Tempore of the Senate. If no member has been designated and the Deputy President Pro
10 Tempore is also absent, the Senate shall be called to order by the Chair of the Committee on
11 Rules and Operations of the Senate, who shall designate some member to act as Presiding Officer.
12 The Principal Clerk of the Senate may convene the Senate for the purpose of notifying the
13 Chamber that the Senate stands in recess pursuant to Rule 2(b) of these Rules.
14 RULE 5. Quorum. – (a) A quorum consists of a majority of all the qualified members
15 of the Senate.
16 (b) When a lesser number than a quorum convenes, the Senators present may send
17 the Sergeant-at-Arms or any person, for any or all absent Senators, as a majority of the Senators
18 present determines.
19 RULE 6. Approval of Journal. – After the prayer, the Presiding Officer shall cause
20 the Journal of the preceding day to be read and approved, unless the President Pro Tempore or,
21 in the President Pro Tempore's absence, the Deputy President Pro Tempore of the Senate or some
22 member of the Senate by motion sustained by a majority of the members present, has the reading
23 thereof dispensed with and the same approved as written.
24 RULE 7. Order of business. – After approval of the Journal, the order of business
25 shall be as follows:
26 (1) Reports of standing committees.
27 (2) Reports of select committees.
28 (3) Introduction of bills, petitions, and resolutions.
29 (4) Messages from the House of Representatives.
30 (5) Veto messages from the Governor.
31 (6) Unfinished business of preceding day.
32 (7) Special orders.
33 (8) General orders:
34 a. Local bills in numerical order, Senate bills first:
35 1. Third reading roll call and electronic voting system votes.
36 2. Second reading roll call and electronic voting system votes.
37 3. Second reading viva voce.
38 4. Third reading viva voce.
39 b. Public bills in numerical order, Senate bills first:
40 1. Third reading roll call and electronic voting system votes.
41 2. Second reading roll call and electronic voting system votes.
42 3. Second reading viva voce.
43 4. Third reading viva voce.
44 (9) Moments of Personal Privilege, reading of Senatorial Statements, and
45 explanation of votes.
46 II. CONDUCT OF DEBATE
47 RULE 8. Presiding Officer to maintain order. – The Presiding Officer shall have
48 general direction of the Hall of the Senate and shall be authorized to take such action as is
49 necessary to maintain order, and in case of any disturbance or disorderly conduct in the galleries
50 or lobbies, the Presiding Officer shall have the power to order those areas cleared.
51 RULE 9. (Reserved for future use).
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1 RULE 10. Points of order. – (a) The Presiding Officer shall preserve order and
2 decorum and proceed with the business of the Senate according to the rules adopted. The
3 Presiding Officer shall decide all questions of order, subject to an appeal to the Chairman of the
4 Committee on Rules and Operations of the Senate, whose decision may be appealed to the Senate
5 by any member, on which appeal no member shall speak more than once unless by leave of the
6 Senate. A two-thirds vote of the membership of the Senate present and voting is necessary to
7 sustain any appeal from the ruling of the Chairman of the Committee on Rules and Operations
8 of the Senate.
9 (b) In the event the Senate Rules do not provide for or cover any point of order
10 raised by any Senator, the rules of the United States House of Representatives shall govern.
11 (c) When a Senator is called to order, that Senator shall take the assigned seat
12 until the Presiding Officer determines whether that Senator was in order or not; if decided to be
13 out of order, that Senator shall not proceed without the permission of the Senate; and every
14 question of order shall be decided by the Presiding Officer, subject to an appeal to the Chairman
15 of the Committee on Rules and Operations of the Senate, whose decision may be appealed to the
16 Senate by any Senator; and if a Senator is called to order for words spoken, the words to which
17 an exception is made shall be immediately preserved by the Principal Clerk, so that the Presiding
18 Officer, Chairman of the Committee on Rules and Operations of the Senate, or Senate may be
19 better able to judge the matter.
20 RULE 11. Debating and voting by Lieutenant Governor. – The Lieutenant
21 Governor, as President of the Senate, being a Constitutional Officer, shall not have the right to
22 debate any question or to address the Senate upon any proposition unless by permission of the
23 majority of members present and shall have the right to vote only when there is a tie vote upon
24 any question or election.
25 RULE 12. Obtaining recognition. – (a) When any Senator is about to speak in debate
26 or deliver any matter to the Senate, that Senator shall rise and respectfully address the Presiding
27 Officer. No member shall speak further until recognized by the Presiding Officer. The Presiding
28 Officer shall recognize the first to rise and, when two or more members rise at the same time, the
29 Presiding Officer shall name the member to speak, giving priority to the President Pro Tempore,
30 the Deputy President Pro Tempore, or the Chair of the Committee on Rules and Operations of
31 the Senate.
32 (b) A Senator who has the floor may yield the floor to another Senator only for
33 the purpose of allowing another Senator to state a question. Only the Presiding Officer may award
34 the floor to any Senator.
35 (c) A Senator who has obtained the floor may be interrupted only for the
36 following reasons:
37 (1) A request that the member speaking yield for a question;
38 (2) A point of order; or
39 (3) A parliamentary inquiry.
40 (d) When a Senator refers to a bill, the bill number and short title must be used.
41 RULE 13. (Reserved for future use).
42 RULE 14. Limitations on individual debate. – (a) No Senator shall speak on the
43 same reading more than twice on the main question, nor longer than 30 minutes for the first
44 speech and 15 minutes for the second speech. No Senator shall speak on the same reading more
45 than once on any motion or appeal, and then no longer than 10 minutes.
46 (b) With leave of the Senate, any member of the Senate may address the Senate
47 from the well of the Senate.
48 RULE 15. Senatorial Statements. – A Senatorial Statement may be utilized by a
49 Senator to recognize constituents and events of significance and when a Resolution is not
50 permitted under Rule 40.1. A Senatorial Statement may not be used to explain a vote, debate a
51 bill, or in any way disrupt the regular business of the Senate. A Senatorial Statement shall be in
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1 writing and in a form prescribed by the Chairman of the Committee on Rules and Operations of
2 the Senate. A Senatorial Statement shall speak in the voice of the Senator submitting the
3 Statement, is not a statement by the Senate, and is not subject to a vote by the Senate. A Senator
4 may use a Moment of Personal Privilege under Rule 15.1 for a time not to exceed three minutes
5 to read some or all of a Senatorial Statement provided the Presiding Officer determines the
6 question raised in the Statement is one of privilege. Upon motion supported by a majority present
7 and voting, a Senatorial Statement may be spread upon the Journal.
8 RULE 15.1. Moments of Personal Privilege. – (a) Upon recognition by the Presiding
9 Officer for that purpose, any Senator may speak for a time not exceeding three minutes on a
10 Moment of Personal Privilege.
11 (b) A Moment of Personal Privilege may not be used to explain a vote, debate a
12 bill, or in any way disrupt the regular business of the Senate, nor shall such opportunities be used
13 to solicit support or sponsors for any bill. The Presiding Officer shall determine if the question
14 raised is one of privilege and shall, without the point of order being raised, enforce this rule,
15 subject to an appeal to the Chairman of the Committee on Rules and Operations of the Senate
16 whose decision may be appealed to the Senate by any Senator, on which appeal no member shall
17 speak more than once unless by leave of the Senate. A two-thirds vote of the membership of the
18 Senate present and voting is necessary to sustain any appeal from the ruling of the Chairman of
19 the Committee on Rules and Operations of the Senate.
20 RULE 15.2. Explanation of vote. – Any Senator may explain that Senator's vote on
21 any bill that day by obtaining permission of the Presiding Officer for that purpose. No more than
22 three minutes shall be consumed in such explanation.
23 RULE 16. Final orders of business. – Senatorial Statements, Moments of Personal
24 Privilege, and explanations of votes shall be the last orders of the Senate's business that day and
25 explanations of votes shall be made after the final vote has been taken.
26 RULE 17. General decorum. – (a) Male Senators and male visitors shall not wear
27 any head covering in the Senate Chamber while the Senate is in session, unless his religion
28 requires his head to be covered. All persons on the Senate floor while the Senate is in session
29 shall be dressed in business attire, including coat and tie for men.
30 (b) No derogatory remark reflecting personally upon any Senator or Senators
31 shall be in order upon the floor of the Senate unless preceded by a motion or resolution of censure.
32 (c) When the Presiding Officer is putting a question, or a division by counting is
33 in progress, no Senator shall walk out of or across the Chamber, nor when a Senator is speaking,
34 pass between that Senator and the Presiding Officer.
35 (d) When a motion to adjourn or for recess is affirmatively determined, no
36 member or officer shall leave that member or officer's place until adjournment or recess is
37 declared by the Presiding Officer.
38 (e) Smoking shall not be allowed in the Senate Chamber.
39 (f) No remark soliciting the donation of funds for the support of any person or
40 organization shall be in order upon the floor of the Senate, unless the remark has some relevance
41 to a bill or resolution before the body. No article of any kind soliciting business or donations may
42 be placed by any person anywhere in the Senate Chamber or in any Senate office.
43 (g) The President Pro Tempore may authorize and provide for the broadcasting
44 of Senate sessions via television or Internet.
45 (h) Reading of newspapers, magazines, periodicals, or books shall not be
46 permitted while the Senate is in session. This rule does not prohibit the use of electronic devices,
47 the use of quotations during debate or for personal privilege.
48 (i) The operation of electronic devices whose sound cannot be muted is
49 prohibited on the floor or in the gallery while the Senate is in session.
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1 (j) No member of the Senate shall place any item on another Senator's Chamber
2 desk or in another Senator's office unless the item conspicuously displays the name of the Senator
3 placing the item.
4 (k) No person other than the member, the member's legislative assistant, or the
5 Principal Clerk's office or staff under the direction of the Principal Clerk, shall place any matter
6 on the member's Chamber desk, then only materials relevant to the business of the Senate, or as
7 allowed under subsection (j) of this rule.
8 (l) Neither food nor beverage shall be permitted in the galleries.
9 III. MOTIONS
10 RULE 18. Motions generally. – Any motion shall be reduced to writing, if requested
11 by the Presiding Officer or a Senator, and read by the Presiding Officer or Reading Clerk before
12 the same is debated. Any motion may be withdrawn by the introducer at any time before decision
13 or amendment. No motion relating to a bill shall be in order which does not identify the bill by
14 its number and short title. Except as otherwise specifically provided in these rules, no second is
15 required.
16 RULE 19. Motion; order of precedence. – When a question is before the Senate, no
17 motion shall be received except those herein specified, which motions shall have precedence as
18 follows:
19 (1) To adjourn.
20 (2) To resolve into the Committee of the Whole Senate.
21 (3) To lay on the table.
22