Bill Summary for H 114 (2017-2018)

Summary date: 

Feb 15 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 114 (Public) Filed Wednesday, February 15, 2017
Intro. by Lewis.

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Bill summary

Adopts the permanent rules of the House of Representatives, which are the same as the temporary rules adopted in H1, with the following changes.

Amends Rule 2 to require the Sergeant-at-Arms to clear the House 10 minutes (was, five) before the convening hour. 

Amends Rule 4 to require the Speaker to call for the Journal report immediately following the Pledge of Allegiance (was, the opening prayer) and upon appearance of a quorum.

Makes technical changes in Rule 5.

Amends Rule 10 by removing language prohibiting a member from speaking more than twice on an appeal.

Amends Rule 14 by adding that no motion to divide the question, being decided, is allowed again at the same stage of the bill or proposition.

Adds new Rule 15.1, which specifies that a motion to adjourn or stand in recess subject to the standard stipulations constitutes a motion to adjourn or stand in recess subject to the ratification of bills, messages from the Senate, committee reports, conference reports, referral and re‑referral of bills and resolutions, appointment of conferees, introduction of bills and resolutions, committee appointments, and the reading of Representative Statements.

Amends Rule 19 by deleting the language specifying phrasing for the previous question.

Amends Rule 24.1B by adding that if a bill is subject to division into separate parts so that each part states a separate and distinct proposition capable of standing alone, a member may move that the question be divided. Requires the motion to be in writing, be submitted to the Principal Clerk at the time the motion is made, and clearly state how the question is to be divided. Requires the Speaker to determine whether the bill admits of such a division. Requires the motion to be adopted upon a majority vote of the members present and voting, and prohibits further amendment or debate on any of the distinct propositions. Provides that if the question is divided and any part thereof fails, then the bill must be removed from the calendar and re‑referred to the committee from which the bill was reported. If all parts of the divided question pass, the Speaker must announce that the entire measure has passed second or third reading. Makes conforming changes.

Amends Rule 26 by deleting the provision prohibiting the Speaker from appointing new committee members after April 15 of any odd-numbered year, except to fill vacancies, and the provision concerning appointments to select committees established after March 1 of an odd-numbered year or during an even-numbered year.

Amends Rule 27 by expanding the list of standing committees to add Health Care Reform and University Board of Governors Nominating.

Amends Rule 31.1 as follows. Changes the deadline for submitting public bills that are not required to be re-referred to the Appropriations or Finance Committees under Rule 38 and all joint and House resolutions to the Bill Drafting Division to March 23 (was, March 30) and changes in deadline for introduction of those bills to April 11 (was, April 12). Changes the deadline for introducing public bills that are required to be re-referred to the Appropriations or Finance Committees to April 25 (was, April 19).

Deletes the provision which prohibited public House bills, other than the Current Operation Appropriations Act or the Capital Improvement Appropriations Act, from containing more than one subject, except by motion approved by a majority of House members present and voting. 

Amends Rule 38 by removing the provision that provided that if any standing committee recommends adoption of an amendment or committee substitute of a bill which, under the House rules must be referred to the Standing Committees on Appropriations or the Standing Committee on Finance, the amendment or committee substitute must be considered and, if adopted, the amendment or substitute engrossed before the bill is re‑referred.

Renumbers Rule 39.2 and Rule 39.1.

Amends Rule 43.1 by no longer exempting bills making appropriations from the requirement that bills and resolutions originating in the House that have been amended be engrossed before being sent to the Senate.

Amends Rule 48 so that the selection and retention of legislative assistants (was, legislative assistants, committee assistants, and office assistants) is the sole prerogative of the individual member or members. Makes conforming changes. Requires such staff to file initial employment applications with the Director of Legislative Assistants (was, with the Principal Clerk). Amends the period of employment so that it now must comply with the period as established by the Legislative Services Commission unless employment for an extended period is approved by the Speaker. Adds that the Director of House Legislative Assistants must be appointed by the Speaker.

Deletes the previous language of Rule 49, concerning the compensation of legislative assistants, and replaces it with the following. Prohibits any person employed, serving, or appointed under Rules 46 (assistants to Principal Clerk and Sergeant-at-Arms), 47 (Speaker's staff, Chaplain, and pages), and 48 (Member's staff) from receiving during such employment, appointment, or service any compensation from any department of the State government, and there shall not be voted, paid, or awarded any additional pay, bonus, or gratuity to any of them; but they shall receive only the pay now provided by law for such duties and services.

Amends Rule 50 by adding that except when a committee is meeting on the floor of the House, a person who is not authorized to be admitted to the floor under Rule 50 is not allowed to enter the chamber until at least five minutes after adjournment or recess of the House.

Amends Rule 54 to require members and officers of the House to request leaves from the service of the House with the Principal Clerk (was, no member or officer shall be absent from the service of the House without leave, unless from sickness, pregnancy, military service, or disability).

Makes a technical correction to Rule 59 by correcting a cross reference to another rule.

Amends Rule 61.2, concerning the convening of and assigning seats in the new House, to require the Principal Clerk of the previous House to convene the House at 12:00 pm (was, 9:00 am) on the date established by law for the convening of each regular session.

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