The Adjournment Resolution over to 2010

The North Carolina General Assembly adjourned by joint resolution on Tuesday, August 12, 2009 to meet again on Wednesday, May 12, 2010 for the so called “short session”. The practice of using a joint reslution to reconvene and set the rules limiting what can be considered was first used in 1975 for the 1976 short session.  The first short session was in 1974, but the 1973 adjournment resolution had no restrictions on what could be considered the next year.

The 2009 adjournment resolution is nearly identical to that from 2007 — the session will convene Wednesday, May 12, the eighth day after the primary. (in 2008 the session convened on the first Tuesday after the primary, 2010  convening is one day later in relation)  All the eligibility rules are the same, and all the filing deadlines are in the same relationship to the week of convening of the short session.

Text of the resolution follows:

A JOINT RESOLUTION setting the time for adjournment of the 2009 general assembly to meet in 2010 and limiting the subjects that may be considered in that session

Be it resolved by the Senate, the House of Representatives concurring:

 SECTION 1.  When the Senate and the House of Representatives adjourn, they stand adjourned to reconvene on Wednesday, May 12, 2010, at 12:00 noon.

SECTION 2.  During the regular session that reconvenes on Wednesday, May 12, 2010, only the following matters may be considered:

(1)        Bills directly and primarily affecting the State budget, including the budget of an occupational licensing board, for fiscal year 2009‑2010, provided that the bill must be submitted to the Bill Drafting Division of the Legislative Services Office no later than 4:00 P.M. Friday, May 14, 2010, and must be introduced in the House of Representatives or filed for introduction in the Senate no later than 4:00 P.M. Tuesday, May 25, 2010.

(2)        Bills amending the Constitution of North Carolina.

(3)        Bills and resolutions introduced in 2009 and having passed third reading in 2009 in the house in which introduced, received in the other house in accordance with Senate Rule 41 or House Rule 31.1(d) as appropriate, and not disposed of in the other house by tabling, unfavorable committee report, indefinite postponement, or failure to pass any reading, and which do not violate the rules of the receiving house.

(4)        Bills and resolutions implementing the recommendations of:

a.         Study commissions, authorities, and statutory commissions authorized or directed to report to the 2010 Session;

b.         The General Statutes Commission, the Courts Commission, or any commission created under Chapter 120 of the General Statutes that is authorized or directed to report to the General Assembly;

c.         The House Ethics Committee;

d.         Select committees; or

e.         The Joint Legislative Ethics Committee or its Advisory Subcommittee.

A bill authorized by this subdivision must be submitted to the Bill Drafting Division of the Legislative Services Office no later than 4:00 P.M. Wednesday, May 12, 2010, and must be filed for introduction in the Senate or introduced in the House of Representatives no later than 4:00 P.M. Wednesday, May 19, 2010.

(5)        Any local bill that has been submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 P.M. Wednesday, May 19, 2010, is introduced in the House of Representatives or filed for introduction in the Senate by 4:00 P.M. Wednesday, May 26, 2010, and is accompanied by a certificate signed by the principal sponsor stating that no public hearing will be required or asked for by a member on the bill, the bill is noncontroversial, and that the bill is approved for introduction by each member of the House of Representatives and Senate whose district includes the area to which the bill applies.

(6)        Selection, appointment, or confirmation of members of State boards and commissions as required by law, including the filling of vacancies of positions for which the appointees were elected by the General Assembly upon recommendation of the Speaker of the House of Representatives, President of the Senate, or President Pro Tempore of the Senate.

(7)        Any matter authorized by joint resolution passed by a two‑thirds majority of the members of the House of Representatives present and voting and by a two‑thirds majority of the members of the Senate present and voting. A bill or resolution filed in either house under the provisions of this subdivision shall have a copy of the ratified enabling resolution attached to the jacket before filing for introduction in the Senate or introduction in the House of Representatives.

(8)        A joint resolution authorizing the introduction of a bill pursuant to subdivision (6) of this section.

(9)        Any bills primarily affecting any State or local pension or retirement system, provided that the bill has been submitted to the Bill Drafting Division of the Legislative Services Office no later than 4:00 P.M. Wednesday, May 19, 2010, and is introduced in the House of Representatives or filed for introduction in the Senate no later than 4:00 P.M. Wednesday, May 26, 2010.

(10)      Joint resolutions, House resolutions, and Senate resolutions authorized for introduction under Senate Rule 40(b) or House Rule 31.

(11)      A joint resolution adjourning the 2009 Regular Session, sine die.

(12)      Bills to disapprove rules under G.S. 150B‑21.3.

SECTION 3.  The Speaker of the House of Representatives or the President Pro Tempore of the Senate may authorize appropriate committees or subcommittees of their respective houses to meet during the interims between sessions to:

(1)        Review matters related to the State budget for the 2009‑2011 biennium,

(2)        Prepare reports, including revised budgets, or

(3)        Consider any other matters as the Speaker of the House of Representatives or the President Pro Tempore of the Senate deems appropriate, except that no committee or subcommittee of a house may consider, after the date of adjournment provided in Section 1 of this resolution and before the date of reconvening provided in Section 2 of this resolution, any bill, or proposed committee substitute for such bill, which originated in the other house. A conference committee may meet in the interim upon approval by the Speaker of the House of Representatives or the President Pro Tempore of the Senate.

SECTION 4.  This resolution is effective upon ratification.

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3 Responses to The Adjournment Resolution over to 2010

  1. Jennifer says:

    What is going on with HB 1360? Will it come up in the short session?

  2. Gerry says:

    House Bill 1360, http://ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=h1360&submitButton=Go (AMEND HABITUAL OFFENDER LAW) did not pass the House in 2009. Therefore, to be eligible in 2010 it must either 1) DIRECTLY and PRIMARILY affect the budget, or (2) be recommended by an interim study committee.

  3. gercohen says:

    Hi Amy,

    The bill “passed” first reading, which is automatic when the bill is filed. It has to pass floor votes on second and third reading to get from the first house to the second house, which it did not do. The bill did not fail, it just has not had a favorable vote. When the General Assembly adjourned from 2009 to 2010, this restricted action in 2010 on bills that had not passed third reading in at least one house. See me other reply to your comment.

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