Bill Summary for H 1 (2011-2012)

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Summary date: 

Jan 26 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1 (Public) Filed Wednesday, January 26, 2011
Intro. by T. Moore, LaRoque.

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Bill summary

Same as 2009 permanent rules with the following exceptions. Rule 4 is amended to modify who examines the previous day’s journal. Rule 5 requires leave of the House (approval of a majority) rather than the Speaker to deviate from the stated order of business set out in the rules. Rule 5(10) specifies the order of bills on the calendar, adding resolutions for adoption and conference reports for adoption to the top of the list and, when read together with Rule 40, provides that House bills will be heard first in numerical order (conforms to the Senate rules). Rule 6 clarifies that the specific provisions of the rules control over the Speaker’s general powers and provides that if the Speaker is absent and has not designated a member to preside, the Speaker Pro Tempore (rather than the Principal Clerk) presides. Rule 9 requires a three-fifths vote of the members present (rather than two-thirds) to overturn a ruling of the Speaker on a point of order. Rule 10 shortens the time allotments for member speeches and specifies that when a member yields for a question, that time counts against the time allotted for the member’s speech. Rule 12 removes the Speaker’s authority to waive the rule prohibiting placards, stickers, and signs on the floor. Rule 18 requires a three-fifths vote of the members present to reconsider the election of Speaker or Speaker Pro-Tem. Rule 19 allows majority and minority leaders to allocate three minutes of debate after a vote calling the question prevails (under previous rules, the vote would have ended debate). Rule 24 provides that a member may change his or her vote only with leave of the House and that such leave may not be granted if it changes the overall outcome of the vote. Rule 24.1A provides that if a member is excused from voting on a bill, the member may participate on an amendment to the bill if no conflict exists (under previous rules, the member would not have been permitted to participate on an amendment). Rule 26 provides that the Ethics Committee will be comprised of an equal number of members of each party, while other committees will be appointed by the Speaker in a manner to reflect the partisan makeup of the House. Rule 26 specifies the quorum requirements, which includes the longstanding provision allowing quorum to be met by either the majority of the committee or the chair plus five members. Revisions provide that in the latter situation (chair plus five members), at least one member of the minority party must be present. Rule 27 revises the list of standing committees and permanent subcommittees, decreasing the number of standing committees from 36 to 18 and increasing the number of permanent subcommittees from 10 to 14. Rule 28, which provides numerous rules about committee procedure, includes new language specifying that action taken by a committee in violation of that Rule is voidable unless taken by a unanimous consent at a meeting where a majority of members are present, including at least one member of the minority party. Rule 29 requires electronic notice of a committee meeting scheduled after adjournment. Rule 29.2 requires committee chairs to deliver minutes to the legislative library within 5 days of adjournment, rather than 20 days. Rule 30 requires leave of the House (rather than suspension of the rules) to go into a committee of the whole. Rule 31 allows the title of a public bill to be amended on the floor but only if the amendment is germane to the bill (under previous rules, such amendments were prohibited). Rule 31.1 specifies the new bill filing and crossover deadlines and clarifies that House resolutions and joint resolutions are subject to the same filing deadline as substantive public bills. Rule 31.1 also provides that members may file only 10 public bills, except those requested to be introduced by a study commission. Rules 34 and 35 are amended to reduce the number of paper copies of bills generated for each member and for the Principal Clerk’s office. Rule 36.1 requires fiscal notes in some circumstances before a floor vote can be taken; amendments provide that a fiscal memoranda (which is a less comprehensive document from the Fiscal Research Division) also satisfy this requirement. Rule 36.4 provides that the budget bill must not include provisions unrelated to the appropriation of money or the raising of revenue. Amends the rule to establish a remedy for a violation of that provision; if a point of order is sustained against the budget bill for such a violation, the bill will be returned to the committee for a substitute or amendment that removes the provision. Amends Rule 39 to remove the provisions allowing a bill to be recalled from committee and replaced with a new process for pursuing a Discharge Petition. Amends Rule 41 to eliminate the requirement that the second and third readings of bills affecting fees take place on separate days (i.e., “roll-call bills”). Makes a conforming change to Rule 20. As in previous versions of the rules, Rule 44 provides that a conference committee must only consider matters that are in difference between the two houses. The revisions to Rule 44 provide that if the Senate does not have a similar rule, the conference committee report addressing significant matters that were not in difference must be referred to a standing committee for its recommendation before the House can take further action. Rule 44 also provides that votes on the adoption of conference reports related to the budget take place two legislative days (rather than one) after the report. Rule 59 amends the process for co-sponsoring legislation. Makes technical changes throughout.