Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, again we read from the Book of Exodus, 14:13f.
"And Moses said to the people, "Fear not, stand
firm, and see the salvation of the Lord, which
He will work for you today; for the Egyptians
whom you see today, you shall never see again.
The Lord will fight for you, and you have only
to be still."
Let us pray.
Kind Lord, merciful Lord, grant to our leaders, in the State and in Washington... and to citizens everywhere, the wisdom... and the will... to assess our resources, spiritual and material, the skills to evaluate, the willingness to sacrifice, the courage and the faith to fashion our goals and move forward on the side of the right for this period of our history.
Unite us in the spirit of the old hymn:
"Brothers and sisters, we are treading
Where the saints have trod.
We are not divided. All one body we,
One in hope and doctrine, One in charity.
Amen."
Senator DRUMMOND made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator DRUMMOND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Ryberg
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
January 12, 1993
Mr. President and Members of the Senate:
I am transmitting herewith six (6) appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Lee County Magistrates, with terms to expire April 30, 1994:
Honorable Albert Bradley, Route 1, Box 191, Mayesville, S.C. 29104
Honorable Anna Chandler, Route 3, Box 107A, Bishopville, S.C. 29010
Honorable Robert Hancock, Route 1, Box 108, Dalzell, S.C. 29040
Honorable Joseph Thomas, Sr., Post Office Box 64, Lynchburg, S.C. 29080
Honorable Davis A. White, Post Office Box 2, Bishopville, S.C. 29010
Honorable Alston W. Woodham, Route 2, Box 104, Bishopville, S.C. 29010
January 12, 1993
Mr. President and Members of the Senate:
I am hereby returning without my approval R. 543, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7 OF TITLE 6 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
This veto is based upon significant reservations that I have regarding this legislation. Several groups within the State have raised their concerns over the Act. I share their concerns and am also concerned whether this particular Act received the benefit of a full and fair hearing during the legislative process. In the closing days of the last session of the General Assembly, S. 283 was added as a floor amendment to a minor piece of legislation affording little opportunity for meaningful debate. Specifically, R. 543 includes a provision in the new Section 6-29-760 which reduces the length of time in which the adequacy of notice for a public hearing or a regulation or map promulgated by a planning commission can be challenged from two years to sixty (60) days. This particular provision was never fully debated in the House and, moreover, the House Labor, Commerce and Industry Committee voted to remove a similar provision when the legislation was debated as S. 283.
Because of legitimate concerns that have been brought to my attention, and a general concern that I have that R. 543 may have failed to have full consideration in the General Assembly, I do not feel that R. 543 is appropriate for my signature at this time. I commend the effort of those supporters of this legislation and urge the General Assembly to adopt a version that permits all parties to have an opportunity to be heard.
Sincerely,
Carroll A. Campbell, Jr.
Governor
The veto of the Governor was taken up for immediate consideration.
Senators STILWELL and THOMAS moved that the veto of the Governor be sustained.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were taken, resulting as follows:
Bryan Cork Courson
Courtney Drummond Elliott
Giese Gregory Hayes
Lander Leatherman Martin
Matthews McConnell McGill
Mescher Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Reese Richter
Rose Russell Ryberg
Setzler Short Smith, J.V.
Stilwell Thomas Waldrep
Williams Wilson
The necessary two-thirds vote not having been received, the veto by the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., January 13, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.637, H. 3044 by a vote of 115 to 0.
Veto 4 Part I, Section 28, Department of Education, Proviso 28.8 Page 372, Perkins Vocational Act
Very respectfully,
Speaker of the House
Veto 43 of the Governor to the General Appropriation Act was taken up for immediate consideration.
Senator DRUMMOND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cork Courson Courtney
Drummond Elliott Giese
Gregory Hayes Holland
Jackson Land Lander Leatherman Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Reese Richter Rose
Russell Ryberg Setzler
Smith, J.V. Stilwell Thomas
Waldrep Williams Wilson
Veto 4 of the Governor to the General Appropriation Act was overridden.
The following were received and referred to the appropriate committees for consideration:
Document No. 1466
Promulgated By Department of Health and Environmental Control
Classified Waters (Little Pee Dee River)
Received By Lt. Governor August 3, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1468
Promulgated By Coastal Council
Beachfront Management Plan
Received By Lt. Governor January 11, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1992
Document No. 1480
Promulgated By Continuum of Care for Emotionally Disturbed Children
Minimum Eligibility Requirements
Received By Lt. Governor August 5, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1485
Promulgated By Children's Foster Care Review Board
Cessation of Case Review
Received By Lt. Governor December 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 12, 1993
Document No. 1503
Promulgated By Department of Archives and History
Standards For Facilities in which South Carolina Public Records are Stored and Maintained
Received By Lt. Governor January 6, 1993
Referred to Senate General Committee
120 day review expiration date May 12, 1993
Document No. 1506
Promulgated By Commission on Higher Education (State Education Assistance Authority)
South Carolina Teacher Loan Program
Received By Lt. Governor July 29, 1992
Referred to Senate Committee on Education
120 day review expiration date May 12, 1993
Document No. 1511
Promulgated By Secretary of State (Securities Division)
Dishonest or Unethical Practices by Broker-Dealers and Agents
Received By Lt. Governor July 6, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 12, 1993
Document No. 1513
Promulgated By Budget and Control Board (Division of Human Resource Management)
Single Cooperative Interagency Merit System
Received by Lt. Governor August 3, 1992
Referred to Senate Committee on Finance
120 day review expiration date May 12, 1993
Document No. 1514
Promulgated By Coastal Council
Damage Assessment Criteria
Received By Lt. Governor August 26, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Document No. 1516
Promulgated By Medical Examiners
Respiratory Care Practitioners Annual Renewal and Late Fees
Received By Lt. Governor January 11, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1520
Promulgated By Public Service Commission
Telecommunications Relay Service Advisory Committee
Received By Lt. Governor September 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 12, 1993
Document No. 1522
Promulgated By Public Service Commission
Emergency Procedures
Received By Lt. Governor September 23, 1992
Referred to Senate Committee on Judiciary
120 day review expiration date May 12, 1993
Document No. 1523
Promulgated By Budget and Control Board
Members of State Boards, Commissions or Committees (Repeal) Schedule of Allowable Deductions (Amend)
Received By Lt. Governor July 10, 1992
Referred to Senate Committee on Finance
120 day review expiration date May 12, 1993
Document No. 1524
Promulgated By Department of Consumer Affairs
Motor Vehicle Subleasing and Loan Assumption Brokers
Received By Lt. Governor July 29, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 12, 1993
Document No. 1525
Promulgated By Board of Podiatry Examiners
License and Fees to Practice Podiatry
Received By Lt. Governor November 17, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1526
Promulgated By Residential Builders Commission
Replace Existing Regulations
Received By Lt. Governor January 6, 1993
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 12, 1993
Document No. 1534
Promulgated By Housing Finance and Development Authority
Downpayment Assistance Program
Received By Lt. Governor December 2, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 12, 1993
Document No. 1535
Promulgated By Housing Finance and Development Authority
Special Needs Financing
Received By Lt. Governor December 2, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 12, 1993
Document No. 1538
Promulgated By Coastal Council
Legal Processes and Procedures
Received By Lt. Governor January 11, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1992
Document No. 1539
Promulgated By Coastal Council
Certification Appeals and Authority
Received By Lt. Governor January 11, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Document No. 1545
Promulgated By Board of Medical Examiners
Waiver of Fees and Special Volunteer License
Received By Lt. Governor November 12, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1546
Promulgated By Board of Medical Examiners
Criteria for Physician Supervision of Nurses in the Extended Role
Received By Lt. Governor November 12, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 13, 1993
Document No. 1547
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Collection, Temporary Storage and Transportation of Solid Waste
Received By Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1549
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Transfer of Solid Waste
Received By Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1550
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Solid Waste Processing Facilities
Received By Lt. Governor November 24, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1553
Promulgated By Department of Health and Environmental Control
Hazardous Waste Management
Received By Lt. Governor January 13, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 13, 1993
Document No. 1559
Promulgated By Clemson University - Livestock Poultry Health Division
Equine Slaughter Only Assembly Point Facility
Received By Lt. Governor December 7, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Document No. 1562
Promulgated By Licensing Board for Contractors
Contract Bids, Awards Pertaining to Fire Sprinkler Contractors
Received By Lt. Governor December 10, 1992
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 12, 1993
Document No. 1563
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Landfills
Received By Lt. Governor December 29, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
Document No. 1575
Promulgated By Land Resources Conservation Commission
Construction and Maintenance Activities of the Department of Highways and Public Transportation
Received By Lt. Governor January 14, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 14, 1993
Document No. 1576
Promulgated By Wildlife and Marine Resources Department
Hunt Units and Wildlife Management Area
Received By Lt. Governor December 21, 1992
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 12, 1993
Document No. 1577
Promulgated By Wildlife and Marine Resources Department
Repeal of Regulations Changed by Statute
Received By Lt. Governor December 21, 1992
Referred to Senate Committee on Fish, Game and Forestry
120 day review expiration date May 12, 1993
Document No. 1581
Promulgated By Land Resources Conservation Commission
Amendments to Dams and Reservoirs Safety Act
Received By Lt. Governor January 12, 1993
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date May 12, 1993
Document No. 1587
Promulgated By Board of Cosmetology
Examinations, Out of State Applicants, Civil Penalties, and Continuing Education
Received By Lt. Governor January 7, 1993
Referred to Senate General Committee
120 day review expiration date May 12, 1993
Document No. 1602
Promulgated By Board of Chiropractic Examiners
Professional Practices
Received By Lt. Governor December 10, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 12, 1993
The following were received:
Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing All Existing Rules and Regulations
Received By Lt. Governor April 27, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 25, 1992
Withdrawn and resubmitted December 10, 1992
Document No. 1517
Promulgated By Department of Consumer Affairs
Adjustment of Dollar Amounts
Received By Lt. Governor May 22, 1992
Referred to Senate Committee on Banking and Insurance
120 day review expiration date September 19, 1992
Withdrawn and resubmitted July 2, 1992
Revised Sine Die expiration date April 28, 1993
The following was received:
Document No. 1513
Promulgated By Budget and Control Board
Division of Human Resource Management
Single Cooperative Interagency Merit System
Received By Lt. Governor August 3, 1992
Referred to Senate Committee on Finance
120 day review expiration date May 12, 1993
Withdrawn October 22, 1992
On motion of Senator McCONNELL, at 10:00 A.M., Senator MACAULAY was granted a leave of absence for today.
On motion of Senator PATTERSON, at 10:00 A.M., Senator SALEEBY was granted a leave of absence for today.
Columbia, S.C., January 13, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adjourned debate until July 5, 1993, on the following:
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 13, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R.637, H. 3044 by a vote of 44 to 49:
Veto 9 Part I, Section 124, Department of Highways/Public Transportation, Page 758, Proviso 124.26, Marion County "C" Funds
Very respectfully,
Speaker of the House
Received as information.
I ask for unanimous consent to confirm a magistrate for Spartanburg County, Mrs. Rubye Calhoun, contingent on her paperwork being completed by the Governor's Office. This appointment was confirmed last June by the Senate and so far the paperwork has not come from the Governor's Office. Also, I would ask that all my words just spoken be printed in the Senate Journal for today.
The following were introduced:
S. 208 -- Senators Hayes, Ryberg, Wilson, Russell, J. Verne Smith, Drummond, Martin, Thomas and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2723 SO AS TO FURTHER REGULATE COIN-OPERATED MACHINES AND DEVICES LICENSED UNDER THE PROVISIONS OF SECTION 12-21-2720; TO REPEAL, EFFECTIVE JULY 1, 1994, SECTION 16-19-60 RELATING TO OPERATION OF COIN-OPERATED MACHINES WITH FREE PLAY FEATURE.
Read the first time and referred to the Committee on Finance.
S. 209 -- Senators Ford, Glover, Patterson, Matthews, Mitchell and Washington: A BILL TO AMEND SECTION 1-11-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ALSO CONSIST OF THE MOST SENIOR FEMALE MEMBER AND MOST SENIOR AFRICAN-AMERICAN MEMBER OF THE SENATE AND THE MOST SENIOR FEMALE MEMBER AND MOST SENIOR AFRICAN-AMERICAN MEMBER OF THE HOUSE OF REPRESENTATIVES.
Read the first time and referred to the Committee on Finance.
S. 210 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11 OF TITLE 10, SO AS TO PROVIDE FOR THE REGULATION OF ENTRY ONTO PUBLIC GROUNDS AND THE REGULATION OF A PERSON'S EXPRESSION OR SPEECH, INCLUDING RELIGIOUS EXPRESSION OR SPEECH, ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS OF THE STATE.
Read the first time and referred to the Committee on Judiciary.
S. 211 -- Senator Reese: A BILL TO AMEND SECTION 20-7-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S AUTHORITY TO COMMIT A RESPONDENT TO JAIL FOR FAILURE TO OBEY AN ORDER FOR SUPPORT SO AS TO REQUIRE THE COURT TO ISSUE A WARRANT AND TO REPEAL SECTION 20-7-930 RELATING TO THE COURT'S AUTHORITY TO PLACE A RESPONDENT ON PROBATION AFTER REFUSING TO OBEY AN ORDER FOR SUPPORT.
Read the first time and referred to the Committee on Judiciary.
S. 212 -- Senators Wilson, Giese, Russell, Thomas and Courson: A BILL TO PROVIDE THAT BEGINNING WITH THE 1994 GENERAL ELECTION AND THEREAFTER, ALL COUNTIES MUST USE AUTOMATED OR ELECTRONIC VOTING SYSTEMS AND MAY NOT USE PAPER BALLOTS EXCEPT FOR ABSENTEE OR CONTESTED BALLOTS.
Read the first time and referred to the Committee on Judiciary.
S. 213 -- Senators Hayes, Wilson and Martin: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 67 SO AS TO ENACT THE "SOUTH CAROLINA FRANCHISE INVESTMENT ACT" WHICH REGULATES THE SALE AND OFFERING FOR SALE OF FRANCHISES IN THIS STATE, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 214 -- Senators Bryan, Washington, Holland, Jackson, Ford, Courtney, Stilwell, Mitchell, Glover, Lander, Patterson, Martin, Greg Smith, Ryberg, Land, Peeler, Reese, Richter, Matthews, Rose, Waldrep, Russell, Thomas and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-106 SO AS TO PROVIDE THAT AN OPTOMETRIST MAY SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE PROPER TREATMENT; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE IN THEIR LICENSING AUTHORITY, CERTIFICATION FOR PURCHASING, PRESCRIBING, AND DISPENSING PHARMACEUTICAL AGENTS; TO AMEND SECTION 40-37-105, RELATING TO APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THEIR USE IN DIAGNOSIS AND TREATMENT; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO ALLOW REFERRALS TO ANY HEALTH CARE PROVIDER AND TO DEFINE "HEALTH CARE PROVIDER"; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS, SO AS TO INCLUDE OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE CERTIFIED TO PRESCRIBE AND DISPENSE THESE AGENTS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE OPTOMETRISTS AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.
Read the first time and referred to the Committee on Medical Affairs.
S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS, INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.
Read the first time and referred to the Committee on Education.
S. 216 -- Senator Bryan: A CONCURRENT RESOLUTION TO REPEAL HOUSE CONCURRENT RESOLUTION 3296 OF 1976 AND SENATE CONCURRENT RESOLUTION 1024 OF 1978 MEMORIALIZING CONGRESS TO CALL A CONSTITUTIONAL CONVENTION TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES REQUIRING A BALANCED FEDERAL BUDGET.
Whereas, South Carolina continues to have grave concern over the federal budget and the inability of the United States Congress to control expenditures in such a manner so as to conform to available revenues; and
Whereas, we continue to encourage the United States Congress to seek ways to reduce and eradicate the federal budget deficit; and
Whereas, the call for a Constitutional Convention to address this problem is not the most efficient or effective course of action in view of the fact that the convention cannot be limited to any specific purpose; and
Whereas, Article V of the United States Constitution provides for an alternative method by authorizing the Congress to propose amendments to the Constitution which become part of the Constitution when ratified by the legislatures of three-fourths of the states; and
Whereas, South Carolina feels that for the protection of the integrity of the United States Constitution state ratification of congressionally adopted amendments is a more desirable method for enacting constitutional safeguards against continuing budget deficits. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly repeal House Concurrent Resolution 3296 approved on February 17, 1976, and Senate Concurrent Resolution 1024 approved on May 16, 1978, which memorialized Congress to call a Constitutional Convention for the purpose of amending the Federal Constitution to limit annual federal appropriations to annual revenues, with certain exceptions, and memorialize Congress to adopt amendments to the United States Constitution to be submitted to the states for ratification requiring a balanced federal budget.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
Referred to the Committee on Finance.
S. 217 -- Senator Peeler: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND STUART A. KERSEY, PASTOR OF CHEROKEE AVENUE BAPTIST CHURCH IN GAFFNEY, FOR HIS MANY YEARS OF OUTSTANDING SERVICE IN THE MINISTRY AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 218 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND THE HONORABLE D. L. WICKER OF CAYCE FOR HIS TRULY OUTSTANDING SERVICE TO THE CITY OF CAYCE, THE COUNTY OF LEXINGTON, AND THE STATE OF SOUTH CAROLINA, AS A MEMBER OF THE CAYCE CITY COUNCIL AND IN OTHER CAPACITIES UPON THE OCCASION OF HIS RETIREMENT AS A CAYCE CITY COUNCILMAN IN NOVEMBER, 1992.
The Senate Resolution was adopted.
H. 3122 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING VIOLA THOMPSON GRIFFIN OF ANDERSON COUNTY FOR HER CONTRIBUTIONS TO PROFESSIONAL BASEBALL AND TO WOMEN'S SPORTS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3101 -- Reps. Rudnick, Baxley, Harrelson, Waldrop, Richardson, Snow, Thomas and Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE MOST REVEREND ERNEST L. UNTERKOEFLER, FORMER BISHOP OF THE DIOCESE OF CHARLESTON, AND EXTENDING SYMPATHY TO HIS MANY FRIENDS AND ADMIRERS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3149 -- Reps. Wilkins, Tucker, P. Harris, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF ONE OF GREENVILLE'S MOST DISTINGUISHED PHYSICIANS, DR. IVERSON O. BROWNELL, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3150 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE ROBERT R. DURANT, JR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
S. 205 -- Senator Drummond: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. HEYWARD PRINCE OF GREENWOOD, PRESIDENT OF THE CONNIE MAXWELL CHILDREN'S HOME.
Returned with concurrence.
Received as information.
S. 206 -- Senator Drummond: A CONCURRENT RESOLUTION TO RECOGNIZE MR. ROBERT JACK GOULD UPON HIS RETIREMENT AS STATE FORESTER, TO THANK HIM FOR HIS DEDICATED SERVICE TO THE STATE COMMISSION OF FORESTRY, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
Senator COURSON, from the Committee on Invitations, has polled out H. 3007 favorable:
H. 3007 -- Reps. J. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 24, 1993, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993, AT WHICH TIME THE STATE LIFE ABILITIES AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Courson Patterson Peeler
Stilwell Wilson Russell
Matthews Thomas
O'Dell Passailaigue
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. Cable Television Association to attend a reception at the Marriott Hotel on Tuesday, January 26, 1993, from 6:30 until 8:30 P.M.
Courson Stilwell Peeler
O'Dell Wilson Passailaigue
Thomas Patterson
Matthews Russell
Senator COURSON, from the Committee on Invitations, submitted a favorable report on:
An invitation from Probate Judges Association to attend a Continental Breakfast, on Wednesday, January 27, 1993, from 8:00-10:00 A.M. in 208 Blatt Bldg. and Hospitality Room at the Holiday Inn (USC), on January 27, 1993, from 6:00-7:00 P.M.
Courson Stilwell Peeler
O'Dell Wilson Passailaigue
Thomas Patterson
Russell Matthews
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 17 -- Senators Wilson and Lander: A BILL TO AMEND AN ACT OF 1992 BEARING RATIFICATION NUMBER R. 618, SO AS TO PROVIDE THAT ELECTIONS FOR THE SEATS OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON SCHOOL DISTRICT FIVE WHOSE TERMS EXPIRE IN 1993 AND 1994 SHALL BE HELD IN ACCORDANCE WITH THE PROVISIONS OF ACT 1181 OF 1974.
The Senate proceeded to a consideration of the Bill. The question being third reading of the Bill.
Senators SETZLER, WILSON and LANDER proposed the following Amendment No. 1 (RES17.002), which was adopted:
Amend the bill, as and if amended, page 1, lines 37 and 38, by striking /the first Monday in November, 1994/ and inserting:
/when their successors are elected in the general election of 1994 and assume office/
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
Senator SETZLER proposed the following Amendment No. 2 (RES17.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Candidates for the office of trustee for the several boards of trustees for school districts in Lexington County are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation./
Renumber sections to conform.
Amend title to conform.
Senator WILSON explained the amendment.
There being no further amendments, the Bill was read the third time and ordered sent to the House.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 22 -- Senator Holland: A BILL TO AMEND ACT 584 OF 1984, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO FURTHER PROVIDE FOR THE TERMS AND MANNER IN WHICH THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION ARE ELECTED BEGINNING IN 1993.
On motion of Senator HOLLAND, S. 22 was ordered to receive a third reading on Friday, January 15, 1993.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of Recommended Rules Changes. The question being the adoption of the Recommended Rules Changes as contained in L:\S\CLERK\OTHER\MISC\RULES.CR9, as amended.
Senator PASSAILAIGUE proposed the following Amendment No. 9 (RESRULES.006), which was referred to the Rules Committee:
Amend the recommended changes proposed by the Rules Committee by striking the rule in its entirety and inserting the following:
When a question is under debate, no motion shall be entertained but
1. To adjourn.
2. To adjourn to a date and time certain.
3. To recede.
4. To take up order of the day.
5. To continue.
6. To lay on the table.
7. To adjourn debate to a certain day or to adjourn debate.
8. To carry over.
9. To strike out the enacting clause.
10. To commit.
11. To amend.
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined, without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question. Provided, however, that a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor upon an affirmative vote of twenty-six (26) members of the Senate. Provided further, that when a motion to carry over is authorized and made by the Chairmen's Committee, the Senator having the floor may retain the floor upon a majority vote. No motion to carry over, either by an individual Senator or by the Chairmen's Committee, shall be in order for any bill in the status of interrupted debate. The failure of a motion to carry over by an individual Senator or by the Chairmen's Committee shall not cause the member who has the floor to lose the floor.
When a motion to adjourn debate is agreed to, the bill to which it applies is subject to consideration on the next legislative day if and when the Senate reaches that order of business. When a motion to adjourn debate to a date certain is agreed to, the bill to which it applies is not subject to consideration until the date so specified if and when the Senate reaches that order of business.
A motion to ratify acts may only be made by the chairman or an authorized member of the Chairmen's Committee and may be made at any time."
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be referred to the Rules Committee.
Amendment No. 9 was referred to the Rules Committee.
The Senate proceeded to a consideration of Rule 38.
Senator PASSAILAIGUE proposed the following Amendment No. 11 (RESRULES.014), which was referred to the Rules Committee:
Amend the Senate Rules, as and if amended, by striking Rule 38 in its entirety and inserting a new Rule 38 to read as follows:
Every Bill shall receive three different readings, on three different days previous to its being passed, and the President shall give notice of each, whether it be the first, second, or third reading. All Resolutions to which the approval and signature of the Governor may be requisite, or which may grant money out of the contingent or any other fund, shall be treated in all respects, as to introduction and form of proceedings on them in the Senate, as Bills. All other Resolutions and Reports of Committees shall lie on the table one day for consideration provided, however, that during the six (6) statewide legislative days preceding the date set for sine die adjournment the one day requirement may only be suspended upon one day previous notice and a vote of twenty-seven (27) members of the Senate.
The first and third readings of each Bill shall be by its title only; Provided, that on each second reading the Bill shall be read in full on the demand of any Senator."
Amend title to conform.
Senator PASSAILAIGUE argued in favor of the adoption of the amendment.
Senator PASSAILAIGUE moved that the amendment be referred to the Rules Committee.
The amendment was referred to the Rules Committee.
The Senate proceeded to a consideration of Rule 53.
Senators RYBERG, RICHTER and ROSE proposed the following Amendment No. 13 (RESRULES.027), which was withdrawn:
Amend the Senate Rules, as and if amended, Rule 53, by adding a new subsection to read:
During the first thirty calendar days after the convening of the General Assembly beginning in each January hereafter, notwithstanding the provisions of Rule 44, any provision of Rule 15 may be amended by an affirmative vote of twenty-four members."
Amend title to conform.
Senator RYBERG explained the amendment.
Senator PASSAILAIGUE spoke on the amendment.
Senator ROSE spoke on the amendment.
Senator McCONNELL spoke on the amendment.
Senator MATTHEWS spoke on the amendment.
Senator WILLIAMS spoke on the amendment.
Senator MITCHELL spoke on the amendment.
On motion of Senator RYBERG, with unanimous consent, the amendment was withdrawn.
Senators RYBERG, RICHTER and ROSE proposed the following Amendment No. 14 (RESRULES.024), which was referred to the Rules Committee:
Amend the Senate Rules, as and if amended, Rule 53, by adding a new subsection to read:
During the first thirty calendar days after the convening of the One Hundred and Eleventh General Assembly, notwithstanding the provisions of Rule 44, any provision of Rule 15 may be amended by an affirmative vote of twenty-four members."
Amend title to conform.
Senator ROSE spoke on the amendment.
Senator ROSE moved that the amendment be adopted.
Senator MATTHEWS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Holland Jackson Land
Matthews Patterson Wilson
Cork Drummond Elliott
Ford Giese Glover
Gregory Hayes Lander
Leatherman Martin McConnell
McGill Mescher Mitchell
Moore O'Dell Passailaigue
Peeler Rankin Reese
Rose Russell Ryberg
Setzler Short Smith, G.
Smith, J.V. Stilwell Thomas
Waldrep Washington Williams
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator HOLLAND spoke on the amendment.
Senator HOLLAND moved that Amendment No. 14 be referred to the Rules Committee.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Courtney
Drummond Elliott Ford
Giese Holland Jackson
Land Lander Leatherman
Martin Matthews McConnell
McGill Mitchell Moore
O'Dell Passailaigue Patterson
Peeler Rankin Reese
Russell Setzler Smith, G.
Smith, J.V. Stilwell Thomas
Washington Williams Wilson
Cork Glover Gregory
Hayes Mescher Rose
Ryberg Short Waldrep
Amendment No. 14 was referred to the Rules Committee.
The Senate proceeded to a consideration of Rule 32.
Senator ROSE proposed the following Amendment No. 15 (RESRULES.019), which was referred to the Rules Committee:
Amend the Senate Rules, as and if amended, Rule 32, by adding at the end of paragraph 5, the following:
"Notwithstanding the secrecy and confidentiality requirements of this rule, any member may respond to any confidential information disclosed to the public in violation of this rule, so long as any such response is limited to providing information reasonably related to the content of the confidential information disclosed."
Amend title to conform.
Senator ROSE argued in favor of the adoption of the amendment.
On motion of Senator ROSE, with unanimous consent, the amendment was referred to the Rules Committee.
At 12:19 P.M. Senator SETZLER assumed the Chair.
Senator PATTERSON proposed the following Amendment No. 16 (RESRULES.029), which was referred to the Rules Committee:
Amend the Senate Rules, as and if amended, by striking Rule 36 A and inserting a new Rule 36 A to read as follows:
No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws, a candidate or acting on behalf of a candidate for an office elected by the General Assembly or confirmed or elected by either the House or Senate; the Governor and his Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, and Lieutenant Governor's staff, as the President of the Senate or any member or officer of the Senate may see fit to invite to a seat behind the rail. Except for sitting members of the House of Representatives and authorized former members, none of the persons hereinabove enumerated shall be allowed on the floor of the Senate inside the rail.
Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated shall be allowed beyond the outer doors of the Senate Antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.
The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests."
Amend title to conform.
Senator PATTERSON explained the amendment.
On motion of Senator PATTERSON, with unanimous consent, the amendment was referred to the Rules Committee.
The Senate proceeded to a consideration of Rule 36.
Senator COURSON proposed the following Amendment No. 12 (RESRULES.010), which was referred to the Rules Committee:
Amend the Senate Rules, as and if amended, by striking Rule 36 A and inserting a new Rule 36 A to read as follows:
No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws, a candidate or acting on behalf of a candidate for an office elected by the General Assembly or confirmed or elected by either the House or Senate, or a member of the governing body or employee of any state agency or department; the Governor and his Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, and Lieutenant Governor's staff, as the President of the Senate or any member or officer of the Senate may see fit to invite to a seat behind the rail. Except for sitting members of the House of Representatives and authorized former members, none of the persons hereinabove enumerated shall be allowed on the floor of the Senate inside the rail.
Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated shall be allowed beyond the outer doors of the Senate Antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.
The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests."
Amend title to conform.
Senator COURSON explained the amendment.
Senator PATTERSON spoke on the amendment.
Senator McCONNELL spoke on the amendment.
On motion of Senator COURSON, with unanimous consent, the amendment was referred to the Rules Committee.
The Senate proceeded to a consideration of Rule 34.
Senator BRYAN proposed the following Amendment No. 10 (RESRULES.015), which was adopted:
Amend the bill, as and if amended, by striking Section B of Rule 34 and inserting a new Section B to read as follows:
During the motion period all motions to take up Bills or Resolutions out of order for the purpose of making them special orders set a Bill or Resolution for special order on a subsequent Legislative day shall be in order and said motions shall be made considered in the priority established by the recognition by the President, of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Such motions shall be determined without debate and by two-thirds vote of the Senators present. At no time may the order of business under Rule 33 designated as Special Order contain more than three Bills and this limitation shall not be waived by unanimous consent Provided that, a motion to set a Bill for special order, when authorized by eight members of the Chairmen's Committee, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one bill which is set for special order by a motion authorized by the Chairmen's Committee. During the motion period, no Bill or Resolution can be made a special order ahead of Bills or Resolutions which have already been placed in the status of adjourned debate.
If a Bill is set for special order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time."
Amend the Rules further, as and if amended, Rule 33, by adding the following sentences at the end of the second paragraph:
"Provided that of the three (3) special order slots, one (1) shall be reserved exclusively for bills which are the subject of motions authorized and made by the Chairmen's Committee. The bill occupying the slot reserved for bills made special order on motion of the Chairmen's Committee shall have a unique notation to call such status to the Senate's attention."
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator BRYAN, Rule 34 was adopted, as amended.
There were no further amendments to the Recommended Rules Changes.
Senator McCONNELL moved to adopt Rule 14.
Rule 14 was adopted.
Senator McCONNELL moved to adopt Rule 15, as amended.
Rule 15, as amended, was adopted.
Senator PASSAILAIGUE desired to be recorded as voting against the adoption of Rule 15.
Senator McCONNELL moved to adopt Rule 36.
Rule 36 was adopted.
Senator McCONNELL moved to adopt Rule 53.
Rule 53 was adopted.
On motion of Senator McCONNELL, with unanimous consent, the Rules of the Senate are as follows (L:S.Clerk\Other\Misc\Rules.FNL):
Adopted January 14, 1993
The Senate, on the first day of each annual session, shall convene at 12 o'clock noon, and on adjournment thereafter, shall stand adjourned until 11 o'clock a.m. of the following session day as herein prescribed. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.
A majority of the total number of Senators qualified shall constitute a quorum.
If at any time during the daily session of the Senate it is ascertained that there is not a quorum present, no business shall be in order except a call of the Senate, an order to send for absentees, (as provided for in Rule 3B), a motion to recess until a quorum shall be present, or a motion to adjourn. Each of the foregoing motions shall be of equal standing and none shall have priority over the others.
Any member or officer of the Senate who shall absent himself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his subsistence while so absent. The Clerk shall maintain a record of those members present on each statewide legislative day.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, at any time during a session when the presence of absent members is required, the Senate, by majority vote of those present shall authorize the Sergeant-at-Arms to send for the absent members who have not been granted leave. In case a less number than a quorum of the Senate shall convene the members present are hereby authorized to send the Sergeant-at-Arms or any person or persons by them authorized for any or all absent members, as the majority of such members present shall agree. This rule shall apply to the first convention of the Senate each year at the legal time of meeting, and to each day of the session after the hour to which the Senate stood adjourned has arrived. When provisions of this Rule are invoked then the outer doors of the antechamber shall be secured and any member within the confines of the chamber and antechamber shall be counted for the purpose of determining a quorum.
The Journal of the Senate as prepared and printed daily by the Clerk shall constitute the permanent Journal but any Senator shall have the right to demand the reading of that portion of the journal of the previous day containing an error or omission and to move to correct any such errors or omissions.
In the publication of the results of a roll call vote, the Clerk shall cause an asterisk to be placed in the Journal beside the name of a Senator reported in the Journal as voting on a question who in fact was not present in the Chamber at the time the vote was taken by the Senate. The Clerk shall cause appropriate notation to be placed in the Journal to indicate that an asterisk on a roll call vote means that the Senator beside whose name the asterisk appears was not present in the Chamber at the time the vote on the question was taken.
When a Senator desires to speak, he shall rise and address the President, and he may not proceed until he is recognized. When two or more Senators rise to speak at the same time, the Senator who first addresses the President as determined by the President shall have the floor and the President shall so announce it.
When a Senator raises a question of order, as provided for in Rule 7, the President shall stop all other debate and allow the Senator raising the question to explain the point of order subject only to a superior question of order.
Every Senator, when speaking, shall address the President, standing in his place and when he has finished shall take his seat. Senators when addressing the Senate may stand at their desk or may go to the podium in the center aisle.
Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his consent. To obtain consent, he shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he shall address the President and gain recognition. Once recognized, he shall ask the President, "Does the Senator yield for a question?". The President shall inquire of the member granted the floor "Does the Senator yield?". If the Senator who holds the floor agrees to yield, the President shall so instruct the Senator who wishes to present the question.
If a Senator in speaking, or otherwise violates the Rules of the Senate, the presiding officer shall, or any member may, by raising a point of order, call him to order; and when a member is called to order by the President or under a point of order, he shall sit down and may not proceed without leave of the Senate. Every question of order must be decided by the President, without debate, subject to an appeal to the Senate. The President may call for the Sense of the Senate on any question of order.
When a member wishes to introduce a visitor, guest or family member, he shall first gain recognition from the President and shall limit his introduction and associated remarks to not more than two minutes.
If a visitor or guest in the Chamber or in the gallery engages in a demonstration of approval or disapproval or creates a disturbance which affects the decorum of the Senate, the Clerk and Sergeant-at-Arms of the Senate as directed by the presiding officer shall take those measures necessary to enforce order.
No Senator shall speak more than twice in any one debate, on the same day, without leave of the Senate.
Any Senator who absents himself for ten hours or more from the Senate Chamber after due notice that Rule 3 has been invoked, and is not present for two quorum roll calls thereafter which are had more than two hours apart, forfeits his right to speak for more than one hour on any matter pertaining to the Bill being debated on that legislative day, unless granted leave by the Senate to speak for a longer period, or unless such member obtains a leave of absence from the Senate either before or after invocation of the Rule.
No Senator shall present any Bill, Amendment or other paper, without having first endorsed the subject matter thereof and his name. No notice shall be required of a member of his intention to introduce a Bill or Resolution. Any member may introduce Bills or Resolutions which shall be received by the Senate staff whether or not the Senate is in session. A member may co-sponsor any Bill or Resolution with the permission of the primary sponsor, provided, that co-sponsors shall not be added after a Bill or Resolution has been introduced. Bills and Resolutions so received shall be periodically referred by the President of the Senate to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the Senate reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the Senate, for second reading consideration.
The Clerk of the Senate shall establish procedures to notify the Senate membership on a monthly basis of Bills and Resolutions introduced during periods when the journal is not printed.
All Bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.
Reports must be separately made on each bill or resolution and shall be signed by the Chairman or such Senator as the Chairman may designate.
No bill or joint resolution may be polled out of a standing committee unless at least two thirds of the committee members are polled and a majority of the entire membership of the committee votes in favor of polling the legislation out. The poll results must be certified by the chairman and a copy of the results must be given to the Clerk to be published in the Journal.
When a motion is made, with the exception of motions made under Rule 14, it must be reduced to writing, if desired by any member, delivered at the table, and read before the same is debated. Provided, however, that the request to have a motion reduced to writing shall not cause the mover of such motion to lose the floor. Any motion may be withdrawn by the mover at any time prior to being put before the body. Thereafter, it may be withdrawn only with the unanimous consent of the Senate. No motion may be made concerning a matter which has gone out of the possession of the Senate except a motion to recall, and if the same should prevail, the Clerk shall send an appropriate message requesting a return of the matter.
No motion for the reconsideration of any vote shall be in order unless the matter is in the possession of the Senate, nor shall any motion to reconsider be in order unless made within the next two statewide legislative days of the actual session of the Senate thereafter, and by a Senator voting with the prevailing side.
Any member may rise to a point of personal privilege provided a point of personal privilege shall be defined as questions affecting the rights, reputation and conduct of members of the body in their representative capacity.
A point of personal privilege must relate to persons as members of the body or relate to charges against the character of a member which charges, if true, would affect the rights of membership.
A member rising to a point of personal privilege must confine his remarks to those matters which concern the member personally and has only the right to defend himself and no other persons.
A member who is recognized for a point of personal interest shall in all cases limit his remarks to not more than five (5) minutes.
When a question is under debate, no motion shall be entertained but
1. To adjourn.
2. To adjourn to a date and time certain.
3. To recede.
4. To take up order of the day.
5. To continue.
6. To lay on the table.
7. To adjourn debate to a certain day or to adjourn debate.
8. To carry over.
9. To strike out the enacting clause.
10. To commit.
11. To amend.
which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined, without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.
When a motion to adjourn debate is agreed to, the bill to which it applies is subject to consideration on the next legislative day if and when the Senate reaches that order of business. When a motion to adjourn debate to a date certain is agreed to, the bill to which it applies is not subject to consideration until the date so specified if and when the Senate reaches that order of business.
A motion to ratify acts may only be made by the chairman or an authorized member of the Chairmens' Committee and may be made at any time.
Except for any Reapportionment Bill, the debate on any bill, motion, or other matter which has been pending before the Senate for a minimum of thirty minutes and the time such bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-seven (27) members of the Senate. Notwithstanding the provision of Rule 14 or any other rule, such motion may be made at any time by any member and shall not be subject to amendment or debate.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when the time for a vote arrives, as set under this rule, the Senate shall proceed to a consideration (seriatim) of the amendments on the desk and upon disposition of all amendments, proceed immediately to a vote on the main question. Opponents and proponents of an amendment shall be granted an equal amount of time in the discretion of the presiding officer.
Except as otherwise provided by a motion adopted under the provisions of Section C of this rule, when a motion to fix a date or time certain has been agreed to, the Clerk of the Senate, at that time, is prohibited from receiving any future or further amendments to the pending matter unless the Clerk certifies that an amendment is necessary to correct some technical error or omission or conform the language of an amendment to an action of the Senate taken previous to the consideration of the amendment.
Notwithstanding the provisions of Rule 14 or any other Rule of the Senate, when any reapportionment bill has been under debate for two statewide legislative days, the President shall immediately recognize any Senator for the purpose of a motion to bring the debate to a close. Upon being made, the President shall at once state the motion and submit to the Senate by a yea and nay vote the question:
"Is it the sense of the Senate that the debate shall be brought to a close?"
And if that question shall be decided in the affirmative by twenty-nine members of the Senate, then said measure, pending before the Senate, or unfinished business, shall be the unfinished business of the Senate to the exclusion of all other business until disposed of.
Thereafter, no Senator shall be entitled to speak in all, more than one hour on the measure, pending before the Senate, or the unfinished business, the amendments thereto, and the motions affecting the same, and it shall be the duty of the Presiding Officer to keep the time of each Senator who speaks. After no more than forty-six hours of consideration of the measure, motion, or other matter on which cloture has been invoked, the Senate shall proceed, without further debate on any question, to vote on the final disposition thereof to the exclusion of all other matters.
Except for any reapportionment bill and notwithstanding the provisions of Rule 14, the Chairmens' Committee shall have the right to make a motion to establish a schedule for a future date and time for the vote on any bill, motion or other matter which is in the status of interrupted debate, adjourned debate or special order. The motion shall also establish the time when no further amendments may be placed on the desk and the limitations on consideration and debate of amendments and the main questions. Any such motion shall not be subject to amendment or debate and must be adopted by a vote of twenty-seven (27) members of the Senate and if adopted, then the bill, motion or other matter shall be the business of the Senate on the date and time set, to the exclusion of all other matters.
When there is a request for a roll call on any question, and it shall be required by five Senators, the question shall be decided by the ayes and noes, and on taking the same, no Senator who is absent when the affirmative and negative have both been put and the result announced by the President, shall be allowed to vote without leave of the Senate, and such vote, when allowed, shall not affect the result.
In taking the ayes and noes, and upon a call of the Senate, the names of the Senators shall be called alphabetically. Under the call of the ayes and noes every Senator present must give his vote one way or the other unless excused by the Senate.
Paired votes shall be recorded by the Clerk when authorized by the members to be so recorded. The member casting the paired vote must be present in the Chamber at the time of the vote in order for the paired vote to be recorded.
When the Senate is equally divided on any question, the Clerk shall take the decision of the President, who may assign the reason of his vote.
If a question in debate contains several points, any Senator may have the same divided; but on a motion to strike out and insert it shall not be in order to move for a division of the question; but a rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor prevent a subsequent motion simply to strike out; nor shall the rejection of a motion to simply strike out prevent a subsequent motion to strike out and insert.
The Standing Committees of the Senate shall be as follows:
Agriculture and Natural Resources
Banking and Insurance
Corrections and Penology
Education
Ethics
Finance
Fish, Game and Forestry
General Committee (General Committee will encompass most of the relatively inactive committees, namely, Atomic and Nuclear Energy, Federal Relations, Enrolled Acts, Legislative Library, Military, Veterans Affairs, Privileges and Elections, Rural Electrification, Social Services and Local Legislation.)
Invitations
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
Transportation (Aviation, Highways, Railroads and Shipping.)
(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18) except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be a member of the majority party and five (5) shall be a member of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.
(2) In addition to the above listed standing committees, there shall be two (2) special committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmens' Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmens' Committee shall in all cases be the most senior Senator serving thereon.
(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) standing committee but may chair a standing committee and a special committee concurrently.
(4) Members of the Senate shall make their committee selections at the commencement of each session following the election of Senators or at such session called for that purpose. For the members to make their standing committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll. Each member, upon his name being called, shall select four (4) unfilled standing committees on which he wishes to serve. The roll call shall be repeated a second time with each member, upon his name being called, selecting one additional unfilled standing committee on which he wishes to serve. In the event any member is unable to be present for selection of standing committees, that member may authorize in writing any member of the Senate to make selections in his behalf. This procedure shall be followed on the first day of the session following the election of senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a standing committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee or unless the Senator is ineligible to reclaim a seat on the said committee by reason of the limitations herein set forth.
(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(6) Except as otherwise provided herein, in the selection of the membership of the Senate Standing Committees, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.
(7) Committee seniority shall be determined by tenure within the Committee rather than tenure within the Senate. When members with seniority transfer to a new committee their seniority will be counted ahead of newly-elected Senators.
(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.
(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each Committee by a majority vote.
(10) When any subject or matter shall have been referred to a Committee, any other subject or matter of a similar nature may, on motion, be referred to such Committee.
(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the Chairman of the committee of jurisdiction on the bill subject to conference. Provided that the conference committee on any resolution affecting sine die adjournment shall be appointed by the Chairmens' Committee.
(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for standing and special committees when the General Assembly is in session. The time and date may be changed by the Chairmens' Committee and any additional meeting may be called by individual committee chairmen.
1st and 3rd Tuesday 11:00 a.m. - The Chairmens' Committee
Every Tuesday 3:00 p.m. - Finance and Judiciary
1st and 3rd Wednesday 9:00 a.m. - Education
10:00 a.m.- Fish, Game & Forestry
3:00 p.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. - Medical Affairs and General
3:00 p.m. - Banking & Insurance
1st and 3rd Thursday 9:00 a.m. - Corrections & Penology
Agriculture & Natural Resources
2nd and 4th Thursday 9:00 a.m. - Labor, Commerce & Industry
The Rules Committee, Ethics Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a standing committee from canceling a committee meeting.
All questions relating to the priority of business to be acted upon shall be settled without debate.
Senators shall have the right of appeal from the decisions of the President.
After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted.
All Bills or Joint Resolutions when first read shall be referred to the appropriate Committees. After the expiration of five Legislative days from the date of reference, any bill, or joint or concurrent resolution, except the General Appropriation Bill may be recalled from any committee by a majority vote of the Senators present; before the expiration of five days from the date of reference, any bill, or joint or concurrent resolution may be recalled from committee by the vote of three-fourths of the Senators present. All Concurrent Resolutions which invite persons to address the General Assembly in joint session shall be referred to the Invitations Committee and shall only be voted on by the Senate after they have been approved by a majority of the members of such committee. The provisions of this paragraph shall not apply to Concurrent Resolutions which invite, in the opinion of the chairman of the Invitations Committee, persons of national prominence to address the General Assembly. The Clerk is authorized to endorse Concurrent Resolutions expressing congratulatory messages or sympathy without a reading.
All Bills when placed on the Calendar shall be printed and distributed to the Senators.
No clause shall be inserted in a Bill unless the same relates to the subject of the Bill.
No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds of the members thereof at a duly called meeting of the Committee; and the Chairman of the Committee shall certify thereon that this rule has been complied with.
The final question upon the second reading of every Bill, Resolution, Constitutional Amendment (or motion originating in the Senate), and requiring three readings previous to being passed, shall be, "Shall it pass and be ordered to a third reading?"
No amendment shall be received on third reading of a Bill, unless notice be given upon second reading, or unless unanimous consent of the Senate be obtained. Any amendment or Bill adopted on second reading may be further amended on third reading, provided previous notice of general amendments has been given.
Whenever an amendment is received on a third reading of any Bill, Resolution, amendment or motion, the same shall be debatable.
It shall at all times be in order before the final passage of any such Bill, Resolution, Constitutional Amendment, or motion, to move its commitment; and should such commitment take place, and amendment be reported by the Committee, the said Bill, Resolution, Constitutional Amendment, or motion, shall be again considered and read a second time.
Any bill or resolution affecting the expenditure of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Budget Office as may appear appropriate regarding its effect on the finances of the State.
Any bill or resolution affecting the expenditure of money by any county, municipality, school districts, or special purpose districts within the State shall, prior to receiving second reading, have attached to it in writing a statement by the committee chairman that the passage of such Bill or Resolution may affect the revenue of counties, municipalities, school districts, or special purpose districts.
Failure to comply with the provisions of this rule does not limit debate on such a bill or resolution prior to the question of second reading.
The provisions of this section shall not apply where the exact amount of money to be spent or expended is clearly set out in the Bill or Resolution.
Senators, when presenting petitions, memorials or reports, or introducing bills or resolutions, may make a brief statement on the subject matter of such report, bill or resolution as the President in his discretion shall deem appropriate, or send it to the President, when it shall be read by the Reading Clerk, unless otherwise ordered.
All messages to the House of Representatives shall be sent by the Clerk, as directed by the President.
The Clerk shall be charged with the duty of having executed, in a proper and accurate manner, the printing ordered by the Senate or provided in the rules, provided, however, that notwithstanding any other rule to the contrary, any resolution which expresses sympathy, congratulations or commendation shall be printed in the Senate Journal by title only unless a member requests that the full text of the resolution be printed in the Journal.
At the close of every bi-annual session the members of the Senate shall be required to hand in to the Clerk all petitions not reported on, and all papers in anywise appertaining to the legislative business of the Senate, that the same may be regularly filed in his office.
When considering confidential or executive business the Senate shall be cleared of all persons except the President, the Senators, the Clerk of the Senate, Assistant Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms and Assistant Sergeant-at-Arms of the Senate.
All appointments made by the Governor and delivered to the Senate shall be referred to such committee of the Senate as the President or the Senate may direct. Such appointment shall be considered at the next meeting of such Committee or such other time as the Committee may determine. No report may be made on an appointment unless and until the committee has held a screening hearing and given the appointee an opportunity to appear before the committee. A screening hearing or any portion of a screening hearing, may be held in executive session upon the vote of 2/3 of the members of the committee present and voting. Any information or material provided to or developed by the committee in an executive session and any communications between a committee chairman and the appointing authority must be held confidential and only reported to the full Senate in executive session. If a committee fails to make a report on an appointment to the full Senate within two (2) weeks after a screening hearing, then the Senate may recall the appointment in executive session. All committee reports on any appointments shall be made in executive session unless the Senate directs otherwise by a majority vote.
Before going into executive session, the Senate shall vote in open session on the question of whether to go into executive session. When a motion to go into executive session is agreed to, the President shall announce publicly the purpose or purposes of the executive session as specified by the member making the motion. No final action may be taken by the Senate in the executive session on appointments. For the purpose of this Rule, `final action' means a decision by the Senate which constitutes a dispositive act regarding the consideration of an appointment. No vote may be taken on a final action in executive session, and the confirmation of appointments must be voted on in open session.
When the Senate rises from an Executive Session and the report of an executive session is received by the Senate, the final question on every appointment shall be: "Will the Senate advise and consent to this appointment?" Confirmation of statewide appointments shall be by roll call vote unless otherwise agreed to by unanimous consent.
Messages containing appointments may be published in the Journal when received as other messages, and the fact that an appointment has been made or that it has been confirmed or rejected shall not be regarded as a secret. When considering appointments in Executive Session, all information communicated, or remarks made by a Senator concerning the character or qualifications of the person appointed and any action or failure to act on any appointment(s) shall be kept secret.
Other messages from the Governor pertaining to confidential matters shall be subject to such secrecy or publication as the Senate, in each instance, may order.
Any Member or Officer of the Senate who violates the secrecy provisions of this rule shall be subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws.
1. Called to Order by the President.
2. Prayer by the Chaplain.
3. Pledge of Allegiance.
4. Receipt of Communications.
5. Introduction and reference of new Bills and Resolutions.
6. Call of the Uncontested local and statewide Calendar.
7. Interrupted Debate.
8. Motion Period.
9. Adjourned Debate.
10. Special Order.
11. Call of the contested statewide Calendar.
12. Call of the contested local Calendar.
The order of business above provided for may be varied by vote of three-fourths of the Senators present and any order or business already completed may be reverted to in any Legislative day by the vote of two-thirds of the Senators present. A motion to vary the order of the day shall be in order, prior to, or at the completion of, any orders enumerated above or during the motion period and any such motion shall be decided without debate.
For the order of business designated as Interrupted Debate there shall not be more than one Bill in this status at any one time provided however, that this limitation shall not apply to the General Appropriation Bill. For the order of business designated as Adjourned Debate there shall not be more than two Bills in this status at any one time and for the order of business designated as Special Order there shall not be more than three (3) Bills in this status at any one time. Provided that of the three (3) special order slots, one (1) shall be reserved exclusively for bills which are the subject of motions authorized and made by the Chairmens' Committee. The bill occupying the slot reserved for bills made special order on motion of the Chairmens' Committee shall have a unique notation to call such status to the Senate's attention.
During the motion period, any motion pertaining to the business of the Senate may be made. When a motion is made to set a bill for special order, time shall be given to one proponent and one opponent to speak on the motion. Such remarks shall be limited in the discretion of the presiding officer provided, that no Bill may be taken up during the motion period for the purpose of debating the merits of the Bill or for the purpose of giving the Bill a reading. Procedural motions shall be decided without debate provided that procedural motions, which present a main question, such as a motion to recall, are subject to limited debate within such time period as may be authorized in the discretion of the presiding officer.
During the motion period all motions to set a Bill or Resolution for special order on a subsequent Legislative day shall be in order and said motions shall be considered in the priority established by the recognition of the Senators making said motions. Each such motion shall relate to a separate Bill which shall have been on the Calendar for a minimum of six statewide legislative days. Such motions shall be determined without debate and by two-thirds vote of the Senators present. Provided that, a motion to set a Bill for special order, when authorized by eight members of the Chairmens' Committee, shall require a vote of a majority of the members present. At no time may the Special Order calendar have more than one bill which is set for special order by a motion authorized by the Chairmens' Committee. During the motion period, no Bill or Resolution can be made a special order ahead of Bills or Resolutions which have already been placed in the status of adjourned debate.
If a Bill is set for special order on a date and/or time certain, such Bill is not subject to consideration at the specified date and/or time unless the Senate reaches that order of business or unless by unanimous consent the Senate has agreed that consideration of the Bill will be to the exclusion of all other matters pending before the Senate at such time.
A motion to invite the House of Representatives to ratify Acts shall only be received by the President when authorized and made by the Senate Chairmens' Committee.
When the General Orders of the Day shall be taken up, any Senator may move to continue a matter, when called on the Calendar, to the 2nd, or any special session of the same General Assembly, and if the Senate agree thereto the matter shall be thereunto continued. The Clerk of the Senate shall make up a Calendar of all matters so continued, placing the same thereon in the order in which they have been continued. At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued. Matters ordered to be placed in the General Orders at the said ensuing session shall be placed there in turn and have priority according to the last order for consideration made upon them, and the Calendar shall be proceeded in as hereinbefore provided.
No person shall be admitted to the floor of the Senate to that area behind the rail while the Senate is in session or in recess during a session, except as follows, viz: immediate family members of a Senator; Members of the House of Representatives and their Clerk and Sergeant-at-Arms; former members of the Senate and House of Representatives unless such former member is a lobbyist registered pursuant to the provisions of Chapter 17 of Title 2 of the Code of Laws; the Governor and his Executive Secretary; Constitutional Officers; Justices of the Supreme Court; President and Vice-President of the United States; Members of Congress; Governors of States and Territories; and such Senate staff, Senators' staff, and Lieutenant Governor's staff, as the President of the Senate or any member or officer of the Senate may see fit to invite to a seat behind the rail. Except for sitting members of the House of Representatives, none of the persons hereinabove enumerated shall be allowed on the floor of the Senate inside the rail.
Not less than two hours prior to the daily convening of the Senate and while the Senate is in session or in recess during a session no person, except those hereinabove enumerated shall be allowed beyond the outer doors of the Senate Antechamber. Persons not hereinabove enumerated may be admitted only to the antechamber when accompanying a Senator, but any such person is required to leave immediately upon conclusion of their business.
The Senate Cloakroom is reserved for the exclusive use of the Members of the Senate and their guests.
Any member who wishes to have the privilege of the area of the floor behind the rail granted to a guest shall make such request, in writing, to the Chairman of the Senate Invitations Committee not less than two weeks prior to the date for which the request is made. Upon affirmative vote of three-fourths of the membership of the Invitations Committee, the Chairman of the Committee is authorized to grant access to the area behind the rail for a limited period of time and with such conditions and limitations as the Chairman and/or the Committee deems appropriate. If the number of guests involved exceeds more than half of the maximum seating capacity in the area behind the rail, then the Committee shall direct that these guests be seated in the balcony.
Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written requests so specifies and the Committee approves the request. A motion to grant the privilege of the floor within the rail may only be made by the Chairman or Vice Chair of the Invitations Committee.
Any request to grant the privilege of the floor to address the body from the podium must be made in writing to the Chairman of the Invitations Committee two weeks prior to the date for which the request is made. Upon an affirmative vote of three-fourths of the membership of the Invitations Committee to grant such a request, the Committee must introduce a Senate Resolution to that effect. The Senate must adopt this resolution by majority vote of the entire membership.
The use of the Senate Chamber is restricted to statewide sessions of the Senate or such other meetings of the Senate or its committees as the Senate may, by Resolution, authorize. The use of the Senate Chamber for meetings by outside groups or individuals is limited to normal business hours on Monday through Friday and is prohibited unless authorized by a vote of the Senate upon a favorable recommendation of the Senate Invitations Committee. Incidental use or visitation by individuals or group tours may be authorized by the Clerk of the Senate.
Reporters of public journals, upon application to the Clerk of the Senate, shall be assigned such places for the execution of their duties as shall not interfere with convenience of the Senate. Any reporter for whom such application is made shall, in addition to the assigned places, be allowed free access to the Senate Antechamber during the time the Senate convenes and adjourns each Legislative day. Reporters of the public journals shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate. Still photographers, upon application to the Clerk of the Senate, shall be granted access to the floor, behind the rail, for the exclusive purpose of taking photographs and upon completion of their assignment shall retire from the floor.
Every Bill shall receive three different readings, on three different days previous to its being passed, and the President shall give notice of each, whether it be the first, second, or third reading. All Resolutions to which the approval and signature of the Governor may be requisite, or which may grant money out of the contingent or any other fund, shall be treated in all respects, as to introduction and form of proceedings on them in the Senate, as Bills. All other Resolutions and Reports of Committees shall lie on the table one day for consideration provided, however, the Senate may, by majority vote, suspend the one day requirement during the six (6) statewide legislative days preceding the date set for sine die adjournment.
The first and third readings of each Bill shall be by its title only; Provided, That on each second reading the Bill shall be read in full on the demand of any Senator.
A motion to refer to a Standing Committee shall take precedence over a motion to refer to a Special Committee.
No Bill or Joint Resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of the members at least one day previous to such reading.
Every Bill or Joint Resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes, or of any Act of Assembly or Joint Resolution, shall in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution so sought to be amended or repealed. Every Bill or Joint Resolution proposing to amend any Section or Sections of any Chapter of the General Statutes, or of any Act or Joint Resolution, shall give the full text of the said Section or Sections, as it or they would read with such amendment or amendments inserted therein.
Broadcast media shall be allowed in the area behind the rail in specific locations as designated by the Clerk of the Senate and are strictly prohibited from conducting interviews whether or not initiated by a member of the media or a member of the Senate.
A Committee composed of the President of the Senate, the Clerk of the Senate and the Chairman of the Judiciary, Finance and Rules Committees shall have full authority to regulate, supervise and fix times of broadcasts of the proceedings of the Senate by radio or television.
In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in Jefferson's Manual of Parliamentary Practice.
Any Rule of the Senate or severable portion of a rule of the Senate may be suspended by unanimous consent of the Senate. Without unanimous consent one day's previous notice shall be given of a motion to suspend any of the rules or severable portion thereof. A motion to suspend shall require a vote of two-thirds of the membership of the Senate.
Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds vote of the total membership of the Senate.
The Clerk of the Senate shall have these rules recorded in a permanent book which shall be kept at all times in the Senate Chamber. All permanent changes in the rules after they have been adopted shall be recorded in a Permanent Rule Book and certified by the Clerk of the Senate.
(a) In the Senate there shall be a standing committee on Ethics, consisting of ten (10) members and the committee has the following powers and duties:
(1) To receive complaints or charges from any citizen of this State or member of the Senate against members, officers and employees of the Senate concerning conduct alleged to be unethical. Only sworn written complaints or charges may be considered.
(2) To investigate such complaints and charges and, if warranted, to report the results of such investigation to the Senate with recommendations for further appropriate action as authorized by law.
(3) Upon request of any member, officer, or employee of the Senate to render advisory opinions with regard to legislative ethics when, in their judgement, such opinions would serve the public interest.
(4) To make available annually to the Senate a compilation of the principles set forth in advisory opinions rendered.
(b) All papers, documents, complaints, charges, requests for advisory opinions, and any other material in the possession of the committee, relating to conduct or disciplinary action against members, are strictly confidential. All such documents or materials are to repose in the Office of the Clerk of the Senate and are to be handled by the Clerk in a manner prescribed in Section 20 of Rule 413 on Disciplinary Procedure unless made public by the committee in a report to the Senate.
All proceedings of the Ethics Committee are strictly confidential and only those actions or decisions of the Committee which it authorizes may be disclosed or made public. Provided, that the committee may vote to disclose certain confidential information to the membership of the Senate in Executive Session and the Committee must disclose in Executive Session, any confidential final determination or action of the Committee as is necessary for members to make a fully informed vote on any matter before the Senate.
The rules of the Ethics Committee shall provide as a matter of right that a certified copy of the sworn statement of charges against a member must be given to him within ten days of the time the statement of charges is received by the Chairman of the Ethics Committee and that the accused member has the right to face and cross-examine his accusers and the witnesses against him at any hearing called by the Ethics Committee. Any hearing on the merits of a complaint is confidential and must be held in Executive Session unless the person charged requests a public hearing in writing. The Ethics Committee must call a hearing if a majority of the Ethics Committee feels that the charges have merit or if the accused formally requests a hearing.
(c) In conjunction with the proceedings specified in Rule 45.1 of the Rules of the Senate, the President Pro Tempore, and the Senate Ethics Committee on behalf of the entire Senate, may receive:
(1) certified copies of any indictment or information for a felony or offense against the election laws filed or returned against any member of the Senate;
(2) certified copies of any plea of guilty or nolo contendere to the felony entered by any member of the Senate;
(3) certified copies of any conviction of a member for the felony;
(4) certified copies of any opinion, order, or
judgment of any court, state or federal, trial or appellate, relating to any of the aforementioned matters;
(d) no member may vote on the question of his expulsion from the Senate.
Action to be taken against members; indictment or information, plea of guilty or nolo contendere, or conviction regarding certain crimes; restitution of back pay and restoration to other benefits and privileges of membership.
(a) If an indictment or information on a felony or offense against the election laws is filed or returned against a member of the Senate, the member indicted or informed against may request the President Pro Tempore to excuse the member, without pay, from all privileges of membership of the Senate and the President Pro Tempore shall comply with the request.
If the indictment or information is either nol prossed or dismissed, or if the member is found not guilty of the offense or offenses charged or of lesser included offenses, the member may immediately return to active Senate duties and shall be paid all back pay and be restored to all other benefits and privileges retroactive to the date the member was excused.
(b) A member who enters a plea of guilty or nolo contendere to any offense listed in subsection (a), must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate through the remainder of that member's term. In addition, the Senate Ethics Committee shall recommend expulsion of such member to the Senate and the Senate shall vote on the expulsion of such member in accordance with Section 12 of Article III of the Constitution of this State.
(c) A member convicted of any offense listed in subsection (a) must be suspended by the President Pro Tempore immediately, without a hearing and without pay, from all privileges of membership of the Senate pending final appellate action or the end of that member's term, whichever occurs first. If no appeal is taken by the member convicted, or if his appeal is denied, or if the final appellate decision is to sustain the conviction and the member's resignation is not forthcoming, the Senate Ethics Committee shall recommend expulsion of such member to the Senate, and the Senate shall vote on the member's expulsion in accordance with Section 12 of Article III of the Constitution of this State.
If the final appellate decision is to vacate the conviction and there is a retrial or rehearing, the member is subject to the provisions of subsection (a). If the final appellate decision is to vacate the conviction and no charges for any offense listed in subsection (a) remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the Senate retroactive to the date of suspension.
(d) The action provided for in subsections (a), (b), and (c) of this rule is in addition to any action provided by law or other Senate rule.
Whenever an election in Joint Assembly is to be held by the General Assembly to fill offices which require election by the General Assembly, the President of the Senate shall notify the chairman of the standing committee of the Senate which would be most concerned with the office or offices to be filled by the election which chairman shall thereupon appoint four senators from his committee to serve on the Joint Senate-House committee to consider qualifications of candidates to be elected. All appointments to such joint committees shall be recorded in the Senate Journal.
The chairman of all committees of the Senate shall report the date, time and place of their respective committee meetings to the Clerk of the Senate or his designee.
The Clerk of the Senate, or his designee, shall post on a bulletin board in the Lobby of the State House the names of all committees and the date, time and place of the meetings of such committees. Notice of such meetings shall be posted at least twenty-four hours in advance whenever feasible. The chairman of each committee shall maintain a list of all active subcommittees. This Rule shall apply during Legislative sessions and during the interim.
The Clerk may record on magnetic tape or similar device the following proceedings on the floor of the Senate:
(1) Congratulatory remarks
(2) Speeches
(3) Points of order and Rulings of the Chair regarding such points and such other proceedings as the Clerk determines necessary.
No statewide bill or resolution originating in the House of Representatives, except general and supplemental appropriation bills, shall be considered by the Senate unless such legislation is received by the Senate prior to May first of the year the Legislation was introduced. This rule shall apply only to regular sessions of the General Assembly and it may be suspended by a two-thirds vote of the total membership of the Senate.
A point of order to enforce the provisions of this rule shall be valid until the bill which is the subject of the point of order is printed and has been laid on the desks of the members in compliance with Rule 40.
The Senate may not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. All invitations so received, must be referred to the Committee on Invitations, and the Committee has the duty of determining whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. Individual senators may attend functions at any club without being censored or prejudiced in any manner.
No resolution of a condemnatory nature shall be considered by the Senate unless it has been sent to the appropriate Committee at least twenty-four (24) hours prior to such consideration.
The question of granting of free conference powers and the question of adoption of a free conference report shall require an affirmative vote of two-thirds of the membership of the Senate.
On the question of an act returned from the Governor with his objections, the presiding officer shall submit the following question to the Senate:
"Shall the act become law, the veto of the Governor to the contrary notwithstanding?"
And if that question shall be decided in the affirmative by two-thirds of the members of the Senate present and voting, then the Governor's veto is overridden.
Notwithstanding the provisions of Rule 44, any of the provisions of these rules shall be subject to suspension or amendment by a majority vote of the Senate until February 16, 1993.
The provisions of Rule 19, which establish the Chairmens' Committee and those other rules or portions of rules affected by the existence or authority of the Chairmens' Committee, may continue from year to year if, in the first session week of January of each year of the session the Senate agrees to continue such provisions by a majority vote.
If the provisions of Rule 19, which establish the Chairmens' Committee and those other rules or portions of rules affected by the existence or authority of the Chairmens' Committee are continued, then any provision affecting any such rules which establish or affect the composition or authority of the Chairmens' Committee may be amended by a vote of twenty-six (26) members of the Senate during that first session week of January of each year of the session.
MOTION ADOPTED
On motion of Senators PATTERSON and GIESE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Lucille Terry, beloved mother of Myron Terry, Senior Research Analyst, Finance Committee.
Senator WILLIAMS moved that when the Senate adjourns on Friday, January 15, 1993, it stand adjourned to meet next Tuesday, January 19, 1993, at 12:00 Noon, which motion was adopted.
At 12:30 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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