Bill Summary for S 1 (2019-2020)

Summary date: 

Jan 9 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 1 (Public) Filed Wednesday, January 9, 2019
A SENATE RESOLUTION ADOPTING THE PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSION OF THE 2019 GENERAL ASSEMBLY.
Intro. by Rabon.

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Bill summary

Adopts the 2017 permanent rules as the Senate permanent rules with the following exceptions.

Adds to the order of business in Rule 7, moments of personal privilege, reading of Senatorial Statements, and explanation of votes, to be the last business taken up by the Senate.

Modifies Rule 15 (Questions) and reorganizes the rule into Rules 15, 15.1, 15.2 and 16 (previously reserved). Rule 15 sets out parameters for Senatorial Statements, including now requiring Senatorial Statements be in writing. Rule 15.1 sets out parameters for Moments of Personal Privilege and Rule 15.2 sets out parameters for explanation of a Senator's vote. Rule 16 emphasizes that Senatorial Statements, Moments of Personal Privilege and explanations of votes are the final order of business, with explanations of votes being made after the final vote.

Amends Rule 17, concerning general decorum, to allow the operation of cell phones on the Senate floor or in the gallery during Session.

Makes technical changes to Rule 24 concerning motions to reconsider.

Amends Rule 24.1, concerning a motion to adjourn or stand in recess subject to the standard stipulations, adding to those constituting standard stipulations: the receipt of House messages and the ratification of bills.

Makes technical changes to Rule 26 concerning voice votes, call for division, and call for ayes and noes.

Amends Rule 29 to require a Senator motioning to change that Senator's vote to be made in open session on the same legislative day as the vote was taken (previously, did not specify the motion be made in open session).

Makes the following changes to the standing committees set out in Rule 32. Removes Appropriations on Pensions, Compensation, and Benefits. Adds Pensions and Retirement and Aging, and Redistricting and Elections.

Amends Rule 34, permits the President Pro Tempore and Deputy President Pro Tempore to serve as voting ex officio (previously, ex officio) members of each Senate committee and subcommittee.

Removes memorials from business to which all provisions of the Senate permanent rules applying to bills apply, set out in Rule 38.

Modifies Rule 39.1, requiring all bills to be made available to the entire membership of the Senate before consideration (previously, required copies of the bill be made available for all public bills and upon objection by a member, required the same for a local bill). 

Amends Rule 40 to provide for the filing on January 9, 2019, pursuant to GS 120-11.1, a simple resolution to establish the Senate Permanent Rules, and a joint resolution to adjourn to January 30, 2019. Prohibits the filing of any other bills on January 9, 2019. Makes organizational changes and moves provisions concerning memorializing, celebrating, commending, or commemorating resolutions to Rule 40.1. Permits filing a resolution that memorializes, celebrates, commends, or commemorates a deceased former member of the General Assembly. Requires Senators to utilize Senatorial Statements to recognize other individuals or events of significance, but allows for filing a resolution of this nature in exigent circumstances and with prior approval of the Chairman of the Committee on Rules and Operations of the Senate or the committee as a whole at the request of the Chairman (previously, excluded from introduction and consideration all resolutions that memorialize, celebrate, commend, or commemorate individuals or events, allowing filing with prior Chairman or Committee approval as stated). Permits the Rules Chairman to refer the resolution to a committee or place the resolution on the Senate's calendar for a date certain. Makes conforming changes. 

Amends Rule 40.2 (was Rule 40.1), setting bill filing deadlines. Provides that all local bills must be submitted to either the Legislative Drafting Division or the Legislative Analysis Division by 4:00 pm on February 27, 2019, and must be filed for introduction in the Senate before 4:00 pm on March 14, 2019. Provides that all public bills and resolutions must be submitted to either the Legislative Drafting Division or the Legislative Analysis Division by 4:00 pm on March 13, 2019, and must be filed for introduction in the Senate before 4:00 pm on April 2, 2019. Previously excepted bills providing for action on gubernatorial nominations or appointments or adjourning the General Assembly from the public bill and resolution filing deadlines. Now additionally excepts from the above deadlines for public bills and resolutions: 

  • Bills for those providing for action on appointments by the General Assembly pursuant to GS 120-121;
  • Bills proposing amendments to the NC Constitution;
  • Bills containing statutory amendments necessary to implement proposed amendments to the NC Constitution;
  • Bills establishing districts for Congress or State or local entities;
  • Bills addressing election laws; and
  • Bills ratifying amendments to the US Constitution.

Makes technical changes.

Amends Rule 41 to update the crossover deadline to require all House bills be received and read on the floor of the Senate as a message from the House no later than May 9, 2019, in order to be eligible for consideration by the Senate during the 2019 and 2020 Regular Session. Previously, exempted from the crossover deadline House bills required to be referred to the Committee on Finance or the Committee on Appropriations/Base Budget, bills establishing districts for Congress or State or local entities, or adjournment resolutions. Now additionally exempts from the crossover deadline: 

  • Bills for action on gubernatorial nominations or appointments;
  • Bills for those providing for action on appointments by the General Assembly pursuant to GS 120-121;
  • Bills proposing amendments to the NC Constitution;
  • Bills containing statutory amendments necessary to implement proposed amendments to the NC Constitution;
  • Bills addressing election laws; and
  • Bills ratifying amendments to the US Constitution.

Adds Rule 41.1, stating Rules 40.2 and 41 are subject to and may be modified by a resolution jointly adjourning both chambers to a date certain.

Amends Rule 42.2 to require a bill or resolution proposing any change in law relative to any state, municipal, or other retirement system funded in whole or in part out of public funds be referred to the new standing Committee on Pensions and Retirement and Aging. Removes language stating this referral constitutes compliance with GS 120-111.3 (concerning the Committee's analysis of legislation).

Makes technical changes to Rules 42.3A, concerning proposed increase to incarceration, and 42.4, concerning content of appropriation bills.

Amends Rule 45.1 concerning action on committee amendments or committee substitutes. Removes the provisions requiring an amendment or committee substitute recommended for adoption to be engrossed upon the reading of the committee report. Makes organizational changes. 

Makes technical and clarifying changes to Rule 49 concerning the consideration of gubernatorial nominations or appointments. 

Amends Rule 59.1, removing the exception for bills making appropriations from the requirement for all bills which originate in the Senate and that are amended to be engrossed before being sent to the House.

Amends Rule 59.2, requiring the Principal Clerk or an employee designated by the Principal Clerk to receive Senate bills not approved by the Governor, unless directed otherwise by the President Pro Tempore of the Senate on behalf of the Senate (previously, provided the Principal Clerk is designated the Senate Officer to receive Senate bills vetoed by the Governor).

Amends Rule 64, directing the President Pro Tempore of the Senate to cause the Journal of the Senate to be examined daily before the hour of convening to determine if the proceedings of the previous day have been correctly recorded (previously, required the Principal Clerk to prepare and be responsible for the Journal; the President Pro Tempore, or in the President Pro Tempore's absence, the Deputy President Pro Tempore, must examine the Journal to determine correct redecoration).

Modifies Rule 77 to require a motion of the Chairman of the Committee on Rules and operations of the Senate, the President Pro Tempore of the Senate, or the Deputy President Pro Tempore of the Senate, in addition to the three-fifths vote of membership present and voting, to temporarily suspend any of the rules.

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