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Senator Jim Perry: What is Legislative Crossover?

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Senator Jim Perry

When you hear a member of the North Carolina General Assembly use the term “crossover” they are referencing a date in the legislative biennium when a bill must have passed from one chamber to the other in order to still have an opportunity to be passed into law. If a bill has not passed through the originating chamber by that date, that particular bill is “dead.”

Members in the NC Senate and NC House work diligently to get their bills out of bill drafting, file them, and attempt to move them through committees so they can receive a vote on the floor of their respective chamber.  The three weeks leading up to crossover are typically some of the busiest weeks of the legislative biennium. The actual crossover day is historically the busiest day of the legislative session.  Our workload can require that we be in the chamber until the very early hours of the next morning. The crossover date for this biennium is May 4, 2023.

According to Senate Rule 41, there are nine categories of bills that are not subject to the crossover rule:  (i) Bills required to be referred to the Committee on Finance, or the Committee on Appropriations/Base Budget by Rule 42,  (ii) those providing for action on gubernatorial nominations or appointments, (iii) those providing for action on appointments by the General Assembly pursuant to G.S. 120-121, (iv) those providing for amendments to the North Carolina Constitution, (v) those containing statutory amendments necessary to implement proposed amendments to the North Carolina Constitution, (vi) those establishing districts for Congress or State or local entities, (vii) those addressing election laws, (viii) those ratifying an amendment or amendments to the Constitution of the United States, and (ix) those adjourning the General Assembly.

It is important to remember that a bill is nothing more than a vessel for transporting language.  While a bill may be dead for the biennium due to crossover, the contents of the bill could possibly be lifted and placed in another bill that is eligible according to the rules. This can be a more difficult way to pass legislation and requires a great deal of cooperation from many members. Because of this fact, it is more difficult for newer members, or others who may not have developed strong relationships in their caucus, or with the other chamber.  We all know that relationships matter in life and the General Assembly is not immune to that concept. There is not a single member of the General Assembly who gets everything they want. Passing legislation requires good subject matter, the ability to get along with your colleagues, and an understanding of basic math because you must have enough votes in support of your issue.

Senator Jim Perry serves as Majority Whip of the North Carolina Senate and is Chairman of the Senate Finance Committee.  He represents Craven, Beaufort and Lenoir Counties.

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