Before the N.C. House starts the heavy lifting of the 2007 legislative session, some lawmakers are pushing for a more open process of converting bills into laws.
They shared their concerns Wednesday during the House’s vote on its first resolution of the year, H.R. 1. In an 82-37 vote, the House agreed to adopt temporary rules and procedures for House business. The temporary rules match 2006 House rules, which have drawn fire from the Republican minority.
“The procedures are based on two things,” said Rep. Paul Stam, R-Wake, House minority leader. “One, the pieces of paper and the words thereon. The second thing, of course, is the way they’re interpreted and applied by the presiding officers, the committee chairs, and the body.”
Stam says he thinks new House Speaker Joe Hackney, D-Orange, and many of his Democratic colleagues are willing to rewrite rules to improve the chances for open House debate. “And so I’m tempted to vote ‘yes,’” Stam said, “but hope should not always triumph over experience. The rules themselves have severe problems, which many of you know.”
A prime example is the rule that limits or prevents amendment of bills with long, complicated titles, Stam said. “Many of you who’ve ever been here have seen long titles that are abominations of grammar, and they go on for a page or two, trying to tie that bill so tightly that not one comma or one quotation mark can be changed without running afoul of the rule.
“We need to get back to a situation in which the collective body can make the decision about the best law without being hampered by artificial constraints.”
Stam joined 36 lawmakers in voting “no.” “My goal is not to convince you to vote ‘no,’” he said, “but maybe to encourage us to listen to the reform community, to listen to everyone, and to try to get those permanent rules in such a state that we can be proud of them.”
House rules will set an important precedent for the next two years, said Rep. John Blust, R-Guilford. “In many ways, this is more important than the election of the speaker himself, or at least it should be.”
The permanent House rules will affect debates over taxes, budgets, redistricting, university board appointments, and other high-priority items, Blust said. “Every issue you might want to talk about in substance is going to be very much affected by our procedure.”
A key concern for Blust is the power handed to the speaker himself.
“As a member who’s tried to do many things on the floor and in committee and had things ruled out of order or things ruled in order that I thought were out of order clearly under the rules, the big thing was the rules weren’t always the rules,” he said. “Rule 6 was interpreted as the speaker having general direction of the hall, and that overrode all the specifics in the rules.”
Blust echoed Stam’s optimism that Hackney will make a difference as speaker. Hackney won the job with a 68-52 vote. All House Democrats supported Hackney, while every Republican voted for Stam.
A 26-year House veteran, Hackney acknowledged respect for the chamber. “I’m no flash in the pan,” he said. “I know a thing or two about this institution and its customs and procedures. Nonetheless, I am acutely aware that I will need the support and cooperation and advice of all of you if we are to have a successful two years for the citizens of North Carolina.”
Hackney hinted that he would limit use of his own power. “The speakership is not a command position,” he said. “The speaker is the elected leader of the House whose powers are formally defined in the rules of the House and whose effectiveness depends upon the support and the cooperation of this body.”
“The speaker’s main task is to help House members identify, address, and decide upon the issues that come before us in an orderly, thorough, and responsible manner,” he said. “I’m aware of the limitations of this office.”
House leaders will consider carefully the mechanics of getting work done, Hackney said. “How shall our committees work?” he asked. “How shall candid and full debate be preserved? How are the rights of the minority to be protected? On these questions, I pledge to you my fullest attention and effort.”
Specifically, the House should have ample time to study legislation before votes, Hackney said. He will work to keep substantive nonbudget items out of the budget bill. He wants to assure “orderly and sensible” movement of bills to the House floor, along with fair debate.
“The task for us in this session of this honorable body is to arrange our work, to structure our relationships, to focus our minds, and to open our ears in ways that will let good sense prevail,” Hackney said.
Mitch Kokai is an associate editor of Carolina Journal.