of the
SENATE
of the
STATE OF SOUTH CAROLINA
_______
_______
Indicates Matter Stricken
Indicates New Matter
The General Assembly of the State of South Carolina, begun and holden at Columbia on the second Tuesday in January, being the 9th day of the month.
Pursuant to the provisions of the Constitution, the members of the Senate assembled this day in the Senate Chamber at 12 o'clock Noon.
The Senate was called to order by the PRESIDENT, the Honorable Robert L. Peeler.
Proceedings were opened with prayer by the Chaplain, the Reverend George E. Meetze, of Columbia, S.C. as follows:
Dearly beloved, at the dawn of a new century hear a few words from the Prophet Isaiah (6:1):
"In the year that King Uzziah died I saw also the Lord sitting
upon a throne, high and lifted up, and His train filled the
temple." Let us pray.
Holy, holy, holy! Lord God of Sabaoth, Heaven and earth are full of Your glory! Hosanna in the highest! Lord, it took a soul-shaking experience of human tragedy to bring Your servant Isaiah to realize the reality of God as of One inexpressibly exalted whose ethical "holiness" marked the most significant distinction between God and man.
At our day in history we are keenly aware of the degradation of the condition of mankind and that our only help is in a new vision of the unutterable and sovereign glory of the goodness of God to find our way out of the dilemmas of our day.
Show us Your light and Your truth, in these days in the Spirit of the Teacher in Galilee who taught us to pray... together:
"Our Father, Who art in heaven, Hallowed be Thy Name;
Thy Kingdom come, Thy Will be done, on earth as it is in
Heaven.
Give us this day our daily bread, and forgive us our trespasses,
As we forgive those who trespass against us;
And lead us not into temptation, but deliver us from evil;
For Thine is the Kingdom, and the power, and the glory,
Forever and ever.
Amen."
Senator MARTIN announced that nominations for the PRESIDENT Pro Tempore were in order.
Senator THOMAS nominated Senator McCONNELL as PRESIDENT Pro Tempore.
Senator MARTIN seconded the nomination and moved that the nominations be closed and that Senator McCONNELL be elected PRESIDENT Pro Tempore by acclamation.
Senator MOORE made a Parliamentary Inquiry as to which rules are governing the Senate.
Senator MARTIN spoke on the Parliamentary Inquiry.
The PRESIDENT stated that the operation of the Senate was governed by Jefferson's Manual in the absence of adopted Rules.
Senator HUTTO made a Parliamentary Inquiry as to which specific state statute governed the election of PRESIDENT Pro Tempore.
Senator MARTIN spoke on the Parliamentary Inquiry.
The PRESIDENT announced that the motion for the election of PRESIDENT Pro Tempore was in order.
Senator THOMAS renewed his motion to place the name of Senator McCONNELL in nomination.
Senator MARTIN moved that the nominations be closed and that the nominee be elected by acclamation.
Senator LEVENTIS made a Parliamentary Inquiry as to whether the motion to close the nominations and that the nominee be elected by acclamation required unanimous consent.
The PRESIDENT stated that the motion did not require unanimous consent.
Senator LEVENTIS made a Parliamentary Inquiry as to the motion being out of order inasmuch as it was double-barreled.
Senator MARTIN spoke on the Parliamentary Inquiry.
The PRESIDENT stated that the motion was in order.
Senator DRUMMOND asked unanimous consent to make a motion to be granted leave to address the Senate.
Senator RYBERG objected.
Senator HUTTO raised a Point of Order that, if an objection were raised, under the provisions of Jefferson's Manual, page 136, the Senate would proceed to vote.
Senator MOORE spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator HUTTO appealed the Decision of the PRESIDENT.
Senator MARTIN asked unanimous consent to make a motion to withdraw the motion to close the nominations and that the nominee be elected by acclamation.
Senator LAND placed the name of Senator DRUMMOND in nomination.
Senator JACKSON seconded the nomination.
A roll call vote was ordered.
Senator MOORE made a Parliamentary Inquiry as to whether or not the vote was out of order inasmuch as an appeal was pending.
On motion of Senator HUTTO, with unanimous consent, the appeal was withdrawn.
On motion of Senator MARTIN, the nominations were closed.
The following Senators voted for Senator DRUMMOND:
Anderson Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Saleeby Setzler Short
The following Senators voted for Senator McCONNELL:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The following Senators abstained from voting:
Drummond McConnell Reese
Senator LAND, with unanimous consent, made a motion that the Journal reflect that Senator McCONNELL was elected PRESIDENT Pro Tempore of the Senate by acclamation.
There was no objection.
The PRESIDENT announced that Senator McCONNELL had been elected PRESIDENT Pro Tempore by acclamation.
Senator McCONNELL was recognized.
Ladies and Gentlemen of the Senate,
First of all, let me say that I accept the office with a great deal of understanding of the challenge ahead as well as the effort to make sure that the institution of the Senate remains. It is to that end that I will try to discharge the duties of this office and follow in the footsteps of my good friends, the Senator from Greenwood and Senator GRESSETTE from Calhoun to try to see that this institution is upheld.
Senator McCONNELL made a motion to adopt the following Agenda of Business:
1. Receipt of Communications
2. Administration of the Oath of Office
3. Election of Officers
4. Consideration of Rules of the Senate
5. Selection of Seats
6. Selection of Committee Assignments
7. Appointment of Committees to Inform the Governor and the House of Representatives that the Senate was organized
8. Adjournment
Senator MARTIN seconded the motion.
The Agenda of Business was adopted.
Senator JACKSON asked unanimous consent to make a motion that Senator DRUMMOND be granted leave to address the Senate.
There was no objection.
I prepared some of these remarks last week before I knew what would happen - or not happen - today with regard to the organization of the Senate.
I did so because what I have to say to you applies, whatever direction this Senate chooses to take in its leadership.
You see, it doesn't matter whether JOHN DRUMMOND is PRESIDENT Pro Tempore, or Chairman of the Finance Committee. There are others in this chamber who can do those jobs probably better than I.
The point here is how we reach decisions, how we deliberate, how we examine the issues, how we do our jobs on behalf of the people of this State.
Over the years, this Senate has been something of a throwback. It's done its work on an issue-by-issue basis, and we've made up our minds based on our individual opinions. We've been partisan to the extent that parties stand for ideas and philosophies. And we've probably voted down party lines on occasion where those philosophies have been severely tested.
But we've never placed party above process. And we've never placed partisan interests above the individual beliefs of each Senator.
Today, we witness partisanship dominating the branches of government at every level. We've seen the role of partisanship in our most recent national election, and we see it making constant inroads into the way we do our business at the state and local levels.
Perhaps I am a voice in the wilderness. Perhaps JOHN DRUMMOND is a throwback, too. If so, I'm proud of it. I'm proud that I could be here to see what individual Senators could accomplish and what this body working together could accomplish. I remember MARION GRESSETTE in his latter years leading the fight for human rights in South Carolina. I remember REMBERT DENNIS standing alone at this podium in defense of this state's financial integrity. I remember with great pride two years ago this Senate banding together across party lines to oppose the House of Representatives on behalf of public kindergartens and public education in this State - and winning. It would grieve me enormously to see partisanship divide this Chamber down the middle and to deprive the Senate of the uniquely individual leadership it has brought South Carolina. It would grieve me to see the legislative will of this State expressed in a series of 24-22 votes. It would grieve me to see us lose that sense of fairness and dignity which
These are thoughts I had last week as I anticipated the return of the General Assembly today. And most of you realize that they are not new thoughts. I have spoken at the start of the last few sessions urging the same kind of non-partisan approach to our jobs.
Now, as I see how the political winds have blown, let me make a few further comments as I leave my positions of leadership in this Senate We are, in fact, undergoing a change in leadership in this Chamber and perhaps a change in the way we do business. I accept that outcome and I wish my colleagues well in their new positions. I have high regard for all of you as individuals, and I emphasize the word, individual.
Let me make a few suggestions to those of you moving into leadership positions under the new arrangement. The only mandate any of us have as Senators is the mandate of stewardship. We are entrusted with carrying out the public will and protecting the public interest. That means many things to many people, and it's hard to define. But it's what keeps us functioning as individuals first and members of a political organization second.
The people of this State, I would suggest, have never identified themselves strongly with either of the major political parties. They are fiercely independent. I would suggest that that is how they expect us to behave, as fiercely independent stewards of the public interest.
And let me offer my final views on the issues which I hope will continue to occupy the agenda of this Senate. I would suggest that as we undergo change in organization, we should not undergo change in priorities. Our State must have the best possible public education system. And I re-emphasize the word public. Our State must continue to pursue economic growth for every section of the State, no matter how large and how wealthy. Our State must protect and preserve the natural beauty and heritage of South Carolina for future generations.
Now I take my position on the outside of the new power structure, but be advised of one thing: this old soldier is not going to fade away. I came into this Senate as an outsider, and I guess I'll probably leave as an outsider. And that's fine. I'm very comfortable with that position, and, in fact, I'm probably pretty good at it.
I say to my good friends and colleagues JOHN LAND, DON HOLLAND, JOHN MATTHEWS and others that there's still a lot of fight in JOHN DRUMMOND. And I say to the new leaders of this Chamber, don't forsake the special role this Senate plays in South Carolina. In whatever way partisanship may have influenced your new positions, do not surrender the integrity of this chamber's deliberative process to the interests of your political organizations. In a nation where political preference seems to be divided almost equally, our success will depend not so much on the exercise of power as in the sharing of power.
That's the way this Senate has operated for as long as I can remember. Knowing most of you as I do, it's the way I hope it will continue.
Thank you.
On motion of Senator J. VERNE SMITH, ordered printed in the Journal.
Senator McCONNELL was recognized to address remarks to the Senate.
I ask the indulgence of the body to respond to the President Pro Tempore Emeritus.
Mr. PRESIDENT, Ladies and Gentlemen of the Senate, I will be brief. I think you have already heard my opening line many times when I get up here.
Senator DRUMMOND, I want to thank you for your remarks. For all of us, this is a difficult transition, and I accept the mantel that you have passed as well as the challenge.
To every member of this Senate, as we move through the adoption of Rules and the final organization of this body, I ask that we keep the Senate of South Carolina first and that this body remain a deliberative body and that we preserve in the Rules those qualities that have made this Senate unique in a bicameral legislature even as we make the transition. The people of South Carolina expect us to deal with the difficult issues ahead, and I can only tell you that I am pledged to try to follow that path and to reach out and try to see that this Senate, after we have finished, will walk out of here today and walk into the future as one Senate with differences but without being disagreeable. I understand the complexity of the change that we are undergoing; and, for the person who sits in this position right now, it is going to be difficult. I look forward to your counsel, your advice and our continued friendship. You are right. I remember when I stood there with you with the renegades and how we got into it with Senator DENNIS. You do have a lot of spark and spunk, and I know when you are ready to fight, you will fight; and, I can only tell you the same way with me.
I think a lot of us in here are the products, Senator from Calhoun, and enough of those qualities will, hopefully, pass on through the years to come that the Senate of South Carolina, as it goes through these changes, the change in times and the political landscape of South Carolina will keep that quality. Because I can tell you, gentlemen and ladies, that party is one thing; but, in the days ahead, there will be issues that will mix us all up; and, those of us who are in one column will be over in the other, and the coalitions will rise and fall depending on the issues.
I know my good friend from Greenwood - Senator DRUMMOND - and I tend to have a disagreement with my friend from Charleston when we get to talking about casino boats and things of that nature. There are just different issues that divide us, and there are different issues that will also unite us. So I hope, in that spirit, I offer you the hand of friendship and just tell you that I appreciate the way you have remarked to the Senate, given your insight, provided your leadership and direction on where we should go. I will try to follow that advice and discharge the duties as best I can.
On motion of Senator COURSON, ordered printed in the Journal.
Senator THOMAS insisted on the Agenda of Business.
Members and Staff
S. C. Senate
P. O. Box 142
Columbia, SC 29202
Dear Friends:
To the members and staff of the South Carolina Senate I am grateful for your care and concern at the time of my mother's death - a special thank you for the flowers that you sent to the funeral home.
Your kind expression of sympathy has meant a great deal to me and to my entire family. The flowers provided us comfort at our time of sorrow.
To you - my family of the South Carolina Senate and staff - I say a most sincere thank you for all you have done at this time - from me personally and on behalf of my family here. To have the wonderful support of two families helps to get you through these difficult days.
Fondly,
Tommy
To the Members of the South Carolina Senate:
Please accept sincere thanks for the lovely spray of fresh flowers you all sent to our loved one, James T. Drummond. Your kind thoughts are very much appreciated.
Sincerely,
Family of James T. Drummond
Mr. Frank Caggiano
Clerk of the Senate
State House
Columbia, SC 29201
Dear Mr. Caggiano:
The State Election Commission has certified to this office that the persons listed on the attached sheets, incorporated in and made an official part of this certification, received the greatest number of votes cast for the State Senate Districts One through Forty-Six at the General Election held in South Carolina on November 7, 2000.
The members are hereby certified as set forth in the attached commission as the duly and properly elected members of the Senate.
Sincerely,
Jim Miles
Secretary of State
State Senate
District 1 Thomas C. Alexander
District 2 Larry A. Martin
District 3 Bob Waldrep
District 4 Billy O'Dell
District 5 J. Verne Smith
District 6 Mike Fair
District 7 Ralph Anderson
District 8 David L. Thomas
District 9 Danny Verdin
District 10 John Drummond
District 11 Glenn Reese
District 12 John Hawkins
District 13 Jim Ritchie
District 14 Harvey Peeler
District 15 Wes Hayes
District 16 Greg Gregory
The Senators presented themselves at the Bar and the Oath of Office was administered to them by the PRESIDENT.
The Senate proceeded to the election of Clerk of the Senate.
Senator HOLLAND was recognized to address the Senate.
Senator JACKSON was recognized to address the Senate.
On motion of Senator McCONNELL, the following letter was ordered published in the Journal:
The Honorable John Drummond
111 Gressette Building
Columbia, S.C.
The Honorable Glenn McConnell
311 Gressette Building
Columbia, S.C.
Gentlemen:
I have reached a decision not to offer for re-election as Clerk of the Senate at today's organizational session. I do not come to this decision lightly nor have I reached it without more than a little emotion and some misgiving about what I am leaving behind. I am heartened, however, by what I will take with me.
While I leave behind many, many good friends, I will carry with me the lasting bonds of those friendships. While I leave behind the most professional, dedicated and loyal staff that an institution could hope to have, I carry with me the knowledge that the Senate as an institution will continue to benefit from this dedication and expertise. While I leave behind some tasks yet to be completed, I know I leave behind those who are capable to finish what needs to be done.
I have had the rare privilege of serving this body since 1978; I will be forever grateful for and proud of this opportunity. I would be happy to assist the new clerk in whatever way you may find beneficial. Please convey my deep appreciation to the members collectively, as I will be communicating with each one individually in the very near future.
With my kind personal regards for you and for each member of the Senate, I remain
Sincerely,
Frank Caggiano
cc: Hon. W. Hogan Brown
Senator THOMAS raised a Point of Order that the election of officers was nondebatable under Jefferson's Manual and further discussions were out of order.
The PRESIDENT sustained the Point of Order.
On motion of Senator PASSAILAIGUE, with unanimous consent, Senators PASSAILAIGUE, DRUMMOND, HOLLAND, MOORE, LEVENTIS, JACKSON, REESE, O'DELL, SHORT, ELLIOTT, FORD, PINCKNEY, MATTHEWS, ANDERSON, GLOVER, SETZLER, SALEEBY, HUTTO, LAND, PATTERSON, RANKIN and McGILL wished the Journal to reflect that, had Mr. Caggiano's name been placed in nomination, these members would have cast their votes for him.
Senator THOMAS placed the name of Mr. Jeffrey Stephen Gossett in nomination as Clerk of the Senate.
Senator RYBERG seconded the nomination.
Senator MOORE placed the name of Mr. W. Hogan Brown in nomination as Clerk of the Senate.
Senator JACKSON seconded the nomination.
Senator MARTIN moved that the nominations be closed.
The following Senators voted for Mr. Gossett:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
The PRESIDENT announced that Mr. Gossett was elected Clerk of the Senate.
On motion of Senator McCONNELL, the following individuals were nominated for the respective positions and elected en banc:
Reading Clerk Mr. John Othniel Wienges
Chaplain Reverend George Elias Meetze
Sgt.-at-Arms Mr. James R. Melton
Asst. Sgt-at-Arms Mr. Roger Wayne Beaver
The Officers of the Senate - PRESIDENT Pro Tempore, Clerk, Reading Clerk, Sgt.-at-Arms, Asst. Sgt.-at-Arms - presented themselves at the Bar, and the Oath of Office was administered to them by the PRESIDENT.
On motion of Senator MARTIN, pursuant to the Agenda of Business adopted by the Senate, the following Resolution was introduced:
INTRODUCTION OF RESOLUTION
The following was introduced:
S. 1 (Word version) -- Senators McConnell, Martin, J. Verne Smith, Leatherman, Peeler, Courson, Giese, Thomas, Wilson, Hayes, Gregory, Mescher, Ryberg, Waldrep, Alexander, Fair, Ravenel, Branton, Grooms, Bauer, Richardson, Hawkins, Ritchie and Verdin: A SENATE
Be it resolved by the Senate that the Rules of the Senate are as follows:
RULE 1.
Time of Daily Meeting
A.
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. Thereafter, the Senate shall meet each legislative day at 11 o'clock a.m. every Tuesday, 2 o'clock p.m. every Wednesday, and 11 o'clock a.m. every Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up unless otherwise ordered by the Senate. A motion to change the time of daily meeting may be made at any time when a quorum of the Senate is present or not present and must be voted on after no more than five (5) minutes of debate, two and a half (21/2) for and two and a half (21/2) against. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.
At various times as he or she deems necessary during the session, the President Pro Tempore is authorized to make a motion to provide for the convening of the Senate in statewide session for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the bill to be taken up, and to adjourn immediately thereafter. Any such motion shall provide the specific dates during which the motion shall apply and shall provide that the Senate must convene at 11:00 a.m. and adjourn not later than 12:30
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 recede for a fixed period of time or to a time certain, 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 or herself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his or her 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. A motion to invoke or repeal Rule 3B may be
Prior to the commencement of the session, the members of the Senate in each party shall select a leader of their respective party and employ such staff as the members of the respective parties feel appropriate. The leader of each respective party shall serve as either the Majority or Minority Leader of the Senate. For purposes of these Rules, the majority party shall be the party at the opening of the session who has at least fifty (50) percent of the vote in the Senate plus one. In the event that the membership of the Senate is equally divided, the party affiliation of the President will decide the majority party. The majority party shall be determined at the opening of the session and shall remain the majority party for the duration of these Rules.
During the opening session, the majority party leader shall pick his seat in the Chamber first. The Minority Leader shall then pick his seat in the Chamber on the opposite side. The reading clerk shall then call the roll of the Senate by seniority and each member shall then select a seat in the Chamber. The front two rows on the side of the Chamber selected by the majority leader are reserved for the most senior majority party members; the front two rows on the side of the Chamber selected by the minority leader are reserved for the most senior minority party members.
The Journal of the Senate shall be prepared and printed daily by the Clerk. 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 after debate of no more than five (5) minutes for and five (5) minutes against. The Clerk must annually compile and publish a permanent Journal of the proceedings of the Senate.
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
When a Senator desires to speak, he or she shall rise and address the President, and may not proceed until he or she 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 or her place and when finished shall take his or her 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 or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he or she shall address the President and gain recognition. Once recognized, the member 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.
Every Senator, when speaking, shall address the President, standing in his or her place and when finished shall take his or her seat.
Except as otherwise provided in the Rules of the Senate, no Senator may interrupt the Senator who has been granted the floor without his or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he or she shall address the President and gain recognition. Once recognized, the member 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 or she shall sit down and may not proceed without leave of the Senate, unless the President takes the point of order under advisement. The President may call for the Sense of the Senate on any question of order. Every question of order must be decided by the President, without debate, and Senators shall have the right to appeal the decisions of the President to the full Senate. When the decision of the President is appealed, the President Pro Tempore or his or her designee shall preside and the President shall retire from the chamber during the pendency of the appeal and the Senate's debate and action on the motion to appeal. The question before the Senate shall be "Shall the ruling of the President be upheld overridden?" and after two (2) hours debate it when put shall be decided by a majority vote of the membership.
When a member wishes to introduce a visitor, guest or family member, he or she shall first gain recognition from the President and shall limit his or her 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 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 or herself for ten six (6) hours or more from the Senate Chamber after due notice that Rule 3(B) has been invoked, and or is not present for two quorum roll calls thereafter which are had called more than two hours apart, forfeits his or her 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 affixed his or her name to such Bill, amendment or other paper. A member who is granted leave to place material on the desks of other members, and who is not the author of or who has not signed the material, shall affix his or her name to a copy of the material and forward that copy to the Clerk prior to distribution of the material. No notice shall be required of a member of his or her 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,
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 (2/3) until all of the committee members present are notified and 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 Committee Chairman who must certify that each member of the committee was notified and given an opportunity to vote and a written copy of the results must be given to the Clerk to be published in the Journal.
Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local and Statewide Calendar.
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 desk, and read before the same is debated voted up or down; 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
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. A motion to reconsider may be made immediately after the act or motion to which it applies has occurred, during the motion period, or during the time between the call of orders of business, or during the time the bill or resolution is being debated.
Any member may rise to a point of personal privilege provided that 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 or her remarks to those matters which concern the member personally and has only the right to defend himself or herself and no other persons.
All other remarks made by a member shall be regarded as an expression of personal interest and when a member is recognized for an expression of personal interest, such remarks shall in all cases be limited to not more than five (5) minutes.
When a question is under debate, no motion shall be entertained, unless otherwise provided for in the Rules, but
1. To adjourn
2. To adjourn to a date and time certain
3. To recede for a fixed period of time or to a time certain
4. To appeal a decision of the Chair
5. To go into Executive Session
6. To take up order of the day
7. To continue
8. To lay on the table
9. To adjourn debate to a certain day or to adjourn debate
10. To carry over
11. To strike out the enacting clause
12. To commit
13. To reconsider
14. 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) ten (10) 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, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is made by the President Pro Tempore his or her designee or the next most senior senator of the majority party if the President Pro Tempore is absent pursuant to a majority vote of the Rules Committee for a carry over motion, the Senator having the floor may shall retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by the Senator who has the floor or by the President Pro Tempore Rules Committee as provided herein, shall be in order for any Bill in the status of Interrupted Debate for less than twenty-four (24) hours. The failure of a motion to carry over by an individual Senator or by the President Pro Tempore Rules Committee shall not cause the member who has the floor to lose the floor.
When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.
A motion to ratify acts may only be made by the President Pro Tempore or his or her designee any Committee Chairman and may be made at any time and must receive a majority vote of the membership of the Senate.
Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote of those voting unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.
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 four (4) hours and the time such Bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-nine (29) twenty-eight (28) members of the Senate. Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made 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, not to exceed twenty (20) minutes.
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 no 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 (29) twenty-seven (27) 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 President Pro Tempore or his or her designee or the next most senior senator of the majority party if the President Pro Tempore is absent 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-nine (29) 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.
Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce". 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 and shall be recorded as provided for in Rule 45.
In taking the ayes and noes, and upon a call of the Senate, the names of the Senators present shall be called alphabetically vote alphabetically or electronically. Under the call of the ayes and noes every Senator present must give his or her vote one way or the other unless excused by the Senate.
When the electronic voting system is used, the President shall fix and announce the time, not to exceed two minutes, which shall be allowed for voting on the question before the Senate. The system shall be set to lock automatically and to record the vote when that time has expired. Once the system has locked and recorded a vote, the vote shall be displayed and printed by the system.
The voting station at each Senator's desk in the chamber shall be used only by the Senator to whom the station is assigned. Under no circumstances, shall any other person vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to request that another vote at the requesting Senator's station, or to vote at another Senator's station. The President shall enforce this rule without exception.
When the electronic voting system is used, the President shall state the question and shall then state substantially the following: "All in favor vote 'aye'; all opposed vote 'no' _____ seconds will be allowed for voting on this question; the Clerk shall record the vote." After the machine locks and records the vote, the President shall announce the vote and declare the result. The result shall be printed in the Senate Journal.
One copy of the machine printout of the vote record shall be filed in the office of the Clerk where it will be open to public inspection.
When the President ascertains that the electronic voting system is unavailable or inoperative before a vote is taken or while a vote is taken on the electronic system, the President shall announce that fact to the Senate, and any partial electronic voting system voting record shall be voided. In such a case, the names of the Senators shall be called alphabetically. If, after a vote is taken on the electronic system, it is discovered that a malfunction caused an error in the electronic system printout, the President shall direct the Reading Clerk and Clerk to verify and correct the printout record and so advise 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 or her 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 and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are hereinbelow enumerated for each of the Committees:
Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49
Banking and Insurance - Titles 29, 34, 35, 37, and 38
Corrections and Penology - Titles 2 (community corrections), and 24
Education - Titles 51, 59, and 60 (school governance & structure at all levels)
Ethics
Finance - Titles 1 (matters relating to the State Budget and Control Board only), 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12
Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, 50, and 51
General Committee - Titles 25, 39, 43, and 52
Invitations
Judiciary - Constitution, Titles 1 (except for matters relating to the State Budget and Control Board), 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62
Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, and 45
Medical Affairs - Titles 39, 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)
Rules - Senate Rules, Joint Rules
Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)
If there is any objection to the referral of any bill or resolution to any Standing Committee, the Rules Committee shall hear the same, resolve the issue and report to the Senate within one (1) legislative day its decision which decision may be overruled by a vote of twenty-nine (29) Senators.
It shall not be in order for any committee to consider any proposed committee amendment (other than a technical, clerical, or conforming amendment) which contains any significant matter not within the jurisdiction of the committee proposing such amendment.
(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 as follows: The Committees on Judiciary and Finance shall each have twenty-three (23) members. All other standing Committees except the Committee on Ethics and the Committee on Invitations shall have seventeen (17) members. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall
(2) In addition to the above listed Standing Committees, there shall be two (2) three (3) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and members, the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees, and the Operations and Management Committee selected by the President Pro Tempore and to be composed of the five (5) most senior members of the majority party and the four (4) most senior members of the minority party. The Chairman of the Chairmen's Committee, and Interstate Cooperation Committee, and the Operations and Management Committee shall in all cases be the President Pro Tempore or the most senior senator of the majority party serving thereon or in his or her absence the next most senior Senator of the majority party 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, the Operations and Management Committee, the Chairman's Committee, 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 the session following the election of Senators or in the case of a special election, at such session designated for that purpose by the President Pro Tempore. In the case of a special election, the President Pro Tempore must call a session for the purpose of committee selections within three statewide days after a Senator elected in a special election has taken the oath of office. 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
(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(6) Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, 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
(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. In the selection of the Chairman of the Standing Committees, the senior member of the Committee from the majority party as of January 5, 2001, in terms of seniority within the Committee, shall be the Chairman of the Standing Committee. The Chairman of the Standing Committee shall serve for the quadrennium concurring with the term of the Senators adopting theses Rules. If a vacancy occurs in the Chairmanship of a Standing Committee, then the next most senior member of the majority party, as of January 5, 2001, shall become Chairman of the Committee for the remainder of the original term. However, a Senator shall serve as Chairman of only one of the Standing Committees.
(10) Should any Senator, during his term of office, cease to be a member of the political party of which he was a member at the time of his election, he shall not be deemed, thereby, to have forfeited all Committee memberships to which he may have been elected and shall not waive all seniority within each of the committees of which he or she was member if a majority of the caucus to which the member switches consents to that Senator retaining his seniority within the Committees to which he was a member at the time of his switch. No Senator elected as a Chairman of a Standing Committee at the opening of a session shall lose that Chairmanship even if a Senator switches parties and because of that switch becomes the senior member of the majority party on that Committee.
(11) Each Committee Chairman shall have a Chief of Staff to oversee the operation of the committee and its staff appointed by the Committee Chairman and such Committee counsel, staff assistants, and pages as the Chair of the Committee may deem necessary. The number of positions and salaries of personnel selected pursuant to this provision shall be subject to the approval of the Operations and Management Committee.
(12) The Operations and Management Committee, through the Clerk of the Senate and subject to the Committee's approval, shall oversee the day-to-day operation of the Senate including the allocation of office
Each Senator, who is not a Committee Chairman, shall hire such number of pages and other employees as is necessary for the proper transaction of their legislative business. The Operations and Management Committee shall determine the number and salary ranges for these positions. All staffing decisions, including the hiring and firing of all staff, unless otherwise provided herein, shall be the sole responsibility of the affected Senator. However, if an employee works for more than one Senator, then the decision to hire and fire must be made by both of the affected Senators. If an agreement cannot be reached regarding the hiring and firing of an employee who works for more than one Senator, then the Operations and Management Committee shall arbitrate the dispute and render a decision which decision shall be final.
The Operations and Management Committee shall also oversee the Office of Senate Research which shall provide assistance as requested by Senate members and committees of the Senate. The Operations and Management Committee shall appoint a majority and minority research director and such other research counsel and staff assistants as is necessary for the proper transaction of its business.
(1013) Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Senate Rules Committee may order by majority vote on the motion of any member at the time the matter is before the Senate Rules Committee and subject to referral.
(1114) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee and the Majority Leader and Minority Leaders of the Senate. Committees of conference and free conference between the two Houses shall be comprised of three members. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate shall select one member
(15) The Chair of any Committee may appoint subcommittees to consider a particular bill or resolution or to consider matters relative to a portion of work of the Committee. Such subcommittees shall make recommendations to the Committee. The senior senator within the Committee appointed to the subcommittee shall be Chair of the full Committee shall name the chairman of the subcommittee who need not be the senior member appointed to the subcommittee. The total membership of a subcommittee shall be composed of members of the two major political parties if practicable. The Chair of the full Committee shall be an ex officio member of all subcommittees and entitled to vote, but shall not be counted as a member for purposes of a quorum. Except for within the standing committee that a member chairs, a Standing Committee Chair may not serve as a subcommittee chair for a subcommittee appointed to review or consider a bill or resolution.
(1216) Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional or special meeting may be called only by individual Committee Chairmen subject to the provisions of the Freedom of Information Act.
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.11:00 a.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. - Medical Affairs and General
3:00 p.m. 11:00 a.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, Chairmen's 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.
The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall
All questions relating to the priority of business to be acted upon shall be settled without debate.
After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted by a motion to recommit which can only be made when the matter is under debate or by unanimous consent.
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 (3/4) 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 or the invitation discharged from the Committee by a majority vote. 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. However, such an invitation must be approved by a majority vote of the Senate. 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 specific subject of the Bill. The subject of the Bill shall be defined as any matter falling within the ambit of the Title of the Code of Laws expressed in the title of the Bill or and which logically falls within the specific subject matter as described in the title of the Bill or which logically falls within the specific subject matter as described in the Title of the Bill where no Title of the Code of Laws is referenced. Matter which is germane to the subject of the General Appropriation Bill and any Supplemental Appropriation Bill shall be defined as those things which reasonably, specifically, and inherently directly relate to the raising and spending of revenue for or in the fiscal year for which the bill applies and do not amend or suspend permanent law.
Except for general and temporary provisions having force and effect for a fiscal year and which deal directly with the appropriation and expenditure of money, any part, section or division or any amendment to any part, section or division of a general or supplemental appropriation bill which amends, suspends, adds or repeals a portion of the general permanent laws of South Carolina not otherwise prohibited under subsection A, may only be included upon a vote of two-thirds (2/3) of the Senators present and voting. This requirement shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote may be taken on the report as a whole if the Senate agrees to do so, however the question shall be divisible upon the request of any Senator. Any part, section or division of any general or supplemental appropriation bill which fails to receive the requisite vote herein provided for, thereafter may only be included in any conference report on any such bill upon the granting of free conference powers.
No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds (2/3) 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
Any Bill or Resolution affecting the expenditure of money by any county, municipality, school district, or special purpose district 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 or her 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 required by the actions of the Senate.
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 any way appertaining to the legislative business of the Senate, that the same may be regularly filed in his or her 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, the Reading Clerk, and the 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 in accordance with the provisions of Rule 19 which are applicable to the reference of bills. 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 only if allowed pursuant to applicable provisions of law and upon the vote of two-thirds (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. Executive Sessions may be held on committee reports on appointments pursuant to applicable provisions of law upon a recorded vote of the membership.
Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session and the reason therefore. When a motion to go into Executive Session is agreed to, the President shall announce publicly the purpose or
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) required to be kept confidential by applicable provisions of law 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 44 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 Third Reading Calendar
7. Call of the Uncontested local Second Reading Calendar
8. Call of the Uncontested statewide Third Reading Calendar
9. Call of the Uncontested statewide Second Reading Calendar
The order of business above provided for may be varied by vote of three-fourths (3/4) 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 (2/3) 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 (1) 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 (2) 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 by the Chairmen's Rules Committee and made by the President Pro Tempore Chairman of the Rules Committee or his or her designee. The Bill occupying the slot reserved for Bills made Special Order on motion of the Chairmen's Rules 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
During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent legislative day shall be in order irrespective of whether the Bill or Resolution was given a reading on the legislative day the motion is made. 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. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized in writing by eight (8) twelve (12) members of the Chairmen's Rules Committee and delivered to the desk, a motion to set a bill for Special Order, 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.
When a bill is under debate, any Senator may move to continue a matter as provided for in Rule 14, to the 2nd, or any special session of the same General Assembly, and if the Senate agrees thereto, the matter shall be continued only to the next regular session unless otherwise specified in the motion. 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
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 or her 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, no more than one member of the staff of each Senate Caucus, 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. Members of the House of Representatives and former Members of the General Assembly, not subject to the foregoing limitations 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 (3/4) 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. No exceptions to this Rule may be made.
Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written request 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 (3/4) 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 the 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 with the approval of the Operations and Management Committee 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 standing, special, conference and free conference Committees shall lie on the table one statewide legislative 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 as to a specific Resolution or report of a committee may only be suspended by 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.
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 with the approval of the Operations and Management Committee 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 The Operations and Management Committee shall have full authority to regulate, supervise and fix times of broadcasts of the proceedings of the Senate by radio or television and the most senior senator serving thereon shall be the chairman.
In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in the 1801 version of 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 (2/3) of the membership of the Senate.
Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds (2/3) 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. These rules shall remain in full force and effect until 2004 at the conclusion of the terms for Senators or until the Rules are amended, suspended, or repealed by a vote of two-thirds (2/3) of the membership of the Senate prior thereto.
(a) In the Senate there shall be a 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 judgment, 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 required to be filed with or received by the committee, and all such documents or materials are to repose in the office of the Clerk of the Senate and as necessary or appropriate are to be handled by the Clerk as strictly confidential 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 the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate Standing Committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation.
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 or her 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 or her accusers and the witnesses against him or her 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 44.1 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 or her expulsion from the Senate.
(a) If an indictment, information on a felony, or a warrant for the offenses provided in Sections 7- 13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of Laws, is filed, returned, or issued against a member of the Senate, the member indicted, charged 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, charge 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 or her 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 other action authorized pursuant to Article III, Section 12 of the Constitution or other Senate rule. Pursuant to the Constitution and except as provided herein, a member may not be disciplined, suspended, or expelled without a vote of the Senate.
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 or her committee to serve on the Joint Senate-House Committee to consider qualifications of candidates to be elected. The total membership of such a Committee shall be composed of members of the two major political parties in proportion to the number of Senators of each of such political parties as
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.
Bills received after May 1 shall be received, read and referred to the appropriate committee but are not eligible to be taken up until the next regular session unless upon the report of such a bill by a committee it receives a two thirds (2/3) vote of the membership of the Senate to be placed on the calendar. Any bill failing to receive the required vote shall be returned to the committee. The committee report on any such bill received after the May 1 deadline shall clearly indicate that the bill had been received after May 1 and is subject to this rule.
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 39.
All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. 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. 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.
The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended). The committee shall make copies of any such procedure available upon request.
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 (2/3) of the membership of the Senate.
On the question of an act returned from the Governor with his or her 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 (2/3) of the members of the Senate present and voting, then the Governor's veto is overridden.
The Clerk of the Senate shall prepare a list for each county of the State the percentage of the population of that county that a Senator represents. For general bills with local application, a Senator's vote shall be weighted based upon the percentage of the population of the county that the Senator represents.
No general bill with local application shall be introduced unless personally signed by a Senator representing the county. No general bill with local application may be moved from the local uncontested
When a general bill of local application is on the uncontested calendar, no further debate shall be allowed on the bill after no more than thirty (30) minutes of debate, fifteen (15) minutes for and fifteen (15) minutes against.
For purposes of this Rule, when a general bill of local application affects consolidation of school districts or municipalities within a county, then that bill cannot be moved from the local uncontested calendar to the local contested calendar unless approved by a vote of three-fifths (3/5) of the Senators of at least one of the affected school districts or municipalities. Upon motion, the Clerk of the Senate shall prepare a list for each affected school district or municipality the percentage of the population of that school district or municipality that a Senator represents.
No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.
If any Senator, in speaking or otherwise, in the opinion of the President transgresses this Rule the President shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall immediately take his seat, and may not proceed without leave of the Senate, which if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate.
Any Senator directed by the President to take his seat, and any Senator requesting the President to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate but only after the Senate has proceeded to Executive Session.
As soon as practicable after the adoption of these Rules, the President Pro Tem shall appoint a President Pro Tem Emeritus and a Ranking Member Emeritus. The President Pro Tem Emeritus shall be the immediately preceding President Pro Tempore of the Senate. The Ranking Member Emeritus shall be the most senior member of the Minority Party. However, no member may be both President Pro Tem Emeritus and Ranking Member Emeritus simultaneously. The President Pro Tempore Emeritus and Ranking Member Emeritus shall be provided appropriate office space and staff if authorized by the Operations and Management Committee.
Senator MARTIN explained the Resolution.
Senator THOMAS asked unanimous consent to make a motion to make uniform items A, B and C in Rule 15.
Senator MOORE objected.
Senator PASSAILAIGUE asked unanimous consent to make a motion to publish the salaries of Senate employees.
Senator RYBERG objected.
Senators McCONNELL, THOMAS and MARTIN proposed the following Amendment No. 1(RULE STAFF), which was adopted:
Amend the resolution, as and if amended, page 17, line 31, by deleting the words:
/ a Chief of Staff / and inserting in lieu thereof:
/ necessary staff /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
At 2:27 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed ten minutes, with Senator MARTIN retaining the floor.
At 3:20 P.M., the Senate resumed.
Senator MARTIN continued explaining the Resolution.
Senator THOMAS moved that debate come to a close on the Rules, that no further amendments be accepted on the Desk, and that the Senate proceed to a consideration of the amendments.
Senator HUTTO asked unanimous consent to make a motion that he be granted leave to submit two further amendments for consideration.
There was no objection.
Senator LEVENTIS asked unanimous consent to make a motion that he be granted leave to submit two further amendments for consideration.
Senator THOMAS objected.
Senator MOORE raised a Point of Order under Jefferson's Manual that the motion by Senator THOMAS was out of order inasmuch as it was not in writing and could be requested by any member at any time.
Senator THOMAS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
Senator REESE proposed the following Amendment No. 1B (RULE CONDUCT 7), which was not adopted:
Amend the resolution, as and if amended, as and if amended, by establishing a Rule of the Senate to be appropriately numbered to read:
Conduct of Officers Elected by the Senate
All officers elected by the Senate shall refrain from inappropriate political activity. In addition to activity otherwise prohibited by statute, all Senate elected employees are prohibited from:
(a) acting as a leader or holding an office in a political organization;
(b) publicly endorsing or publicly opposing any candidate for the South Carolina Senate, the South Carolina House of Representatives or a candidate for any statewide office;
(c) making speeches on behalf of a political organization;
(d) attending political gatherings or functions, whether or not there is a charge to attend; and
(e) soliciting funds for, paying an assessment to or making a contribution to a political organization or candidate, or purchasing tickets for a political party or organization dinner or any other function.
Employees who violate the provisions of this rule are subject to sanction by the Senate Operations and Management Committee up to and including immediate dismissal. The Committee shall establish a procedure for the filing and disposition of complaints made pursuant to the provisions of this rule.
The provisions of this rule shall apply to all employees at all times, irrespective of employment status. /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator REESE explained the amendment.
Senator REESE asked unanimous consent to amend the amendment.
Senator MARTIN objected.
Senator MARTIN argued contra to the adoption of the amendment.
Senator MARTIN asked unanimous consent to make a motion that the author of each amendment be granted up to three minutes to explain the amendment.
There was no objection.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
Senators PASSAILAIGUE and RANKIN proposed the following Amendment No. 3 (RULE PART 2), which was not adopted:
Amend the resolution, as and if amended, as and if amended, by establishing a Rule of the Senate to be appropriately numbered to read:
Except for general and temporary provisions having force and effect for a fiscal year, any part, section or division or any amendment to any part, section or division of a General or Supplemental Appropriation Bill which amends, adds or repeals a portion of the general permanent laws of South Carolina not otherwise prohibited under subsection A, may only be included upon:
(1.) a majority vote of the Senators present and voting when the matter contained in the provision has the effect of reducing or repealing a tax, permit, license or other fee;
(2.) a vote of two-thirds (2/3) of the membership of the Senate when the matter contained in the provision has the effect of imposing or implementing a new tax, permit, license or other fee or has the effect of increasing an existing tax, permit, license or other fee;
(3.) a vote of two-thirds (2/3) of the Senators present and voting for all provisions subject to this rule not addressed in sub items (1.) or (2.) above.
The requirements of this rule shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote may be taken on the report as a whole, if the Senate agrees to do so, in which case the vote required shall be two-thirds of the members present and voting. Provided, however, the question shall be divisible upon the request of any Senator in which case the vote required shall be as listed in items (1.), (2.) or (3.) as applicable. Any part, section or division of any General or Supplemental Appropriation Bill which fails to receive the requisite vote herein provided for, thereafter may only be included in any conference report on any such Bill upon the granting of free conference powers. Notwithstanding any other rule to the contrary, when a conference report contains or fails to contain a provision that would have the effect of reducing or repealing a tax, permit, license or other fee for more than one fiscal year that is not identical to a provision passed by the Senate, the conference report must receive a
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
Senator MARTIN argued contra to the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
This amendment is improperly drawn as it will weaken the tough germaneness rule we have adopted to prevent the Appropriation Bill from having permanent law changes put in it. This would allow it by a two-thirds vote on second or third reading; whereas, our rule will not allow it except in a Conference Report. This ensures taxes will have to get three readings in the Senate.
The proposed rules change offered by Senator PASSAILAIGUE had the effect of making tax increases more difficult to pass, tax decreases easier to enact and conference committee changes to tax decreases passed by the full Senate harder to rescind. Sadly, this rule change failed.
Senator PASSAILAIGUE proposed the following Amendment No. 4 (RULE CONF TABLE), which was not adopted:
Amend the resolution, as and if amended, as and if amended, by establishing a Rule of the Senate to be appropriately numbered to read:
Bills Shall Receive Three Readings--Resolutions
and Committee Reports to Lie on Table
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 standing, special, conference and free conference
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. /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator LEVENTIS raised a Point of Order that, under the motion made previously by Senator MARTIN, there would be no debate on the amendments.
The PRESIDENT sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land
Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
Twenty-four hours has always been enough time to review a written report from conference. The twenty-four hour rule is rarely raised by a Senator so why go to three days, except to just amend the rules package? One Senator could, under this amendment, thus extend a session or trigger a special session. The Senate needs the flexibility to overcome a needless objection by one which could waste the taxpayers' money.
Senators McCONNELL, THOMAS and MARTIN proposed the following Amendment No. 5 (RULE QUORUM), which was adopted:
Amend the resolution, as and if amended, page 19, by striking lines 10 through 13 and inserting:
/ quorum. /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL, THOMAS and MARTIN proposed the following Amendment No. 6 (RULE TIME CERTAIN 2), which was adopted:
Amend the resolution, as and if amended, page 11, by striking line 14 and inserting:
/ twenty-nine (29) twenty-eight (28) members of the Senate, then/
Amend the resolution further, as and if amended, page 11, by striking line 39 and inserting:
/ by a vote of twenty-nine (29) twenty-eight (28) members of the/
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL, THOMAS and MARTIN proposed the following Amendment No. 7 (RULE CHAIR), which was adopted:
Amend the resolution, as and if amended, page 19, by striking lines 2 and 3 and inserting:
/ The senior senator within the Committee appointed to the subcommittee shall be Chair of the full Committee shall name the /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senators McCONNELL, THOMAS and MARTIN proposed the following Amendment No. 8 (RULE LEADER), which was adopted:
Amend the resolution, as and if amended, page 18, by striking lines 28 through 40 and inserting:
/ (11 14) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee. Committees of conference and free conference between the two Houses shall be comprised of three members. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate shall select one member. /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senator LEVENTIS proposed the following Amendment No. 9 (RULE ADMISSION.PPL), which was not adopted:
Amend the resolution, as and if amended, page 28, by striking lines 17 and 18 and inserting the following
/ Senators' staff, and Lieutenant Governor's staff, as the President /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Ford Glover Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
It is a sad day, indeed, when a person paid by a political party is empowered by the Rules of the Senate to have access to the floor for partisan political purposes or for whatever purpose they choose. No other private citizen has such access.
This action, and those who voted for it, change this public policy forum to one that serves parties, not people. This action was done without meaningful debate. It was squelched by the majority party.
Senators McCONNELL, MARTIN and THOMAS proposed the following Amendment No. 10 (RULECOM 2), which was adopted:
Amend the resolution, as and if amended, page 15, by striking lines 16 through 18 and inserting the following
/ selected by the President Pro Tempore. The Chairman of the / Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
Senator MARTIN moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 11 (RULE SENIORITY), which was not adopted:
Amend the resolution, as and if amended, page 17, beginning on line 8 and ending on line 9, by deleting the words:
/ as of January 5, 2001 /
Amend the resolution further, as and if amended, page 18, line 14, by deleting the words:
/ , as of January 5, 2001, /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MARTIN spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land
Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
This amendment (RULE SENIORITY) would turn the Senate into nomads and we could be moving up and down the building, thus spending taxpayers' money needlessly over the four years.
Senator HUTTO proposed the following Amendment No. 13A (RULE ELECTRONIC 2), which was not adopted:
Amend the bill, as and if amended, page 12, by striking lines 19 through 42.
Amend the bill further, as and if amended, page 13, by striking lines 1 through 10.
Amend the bill further, as and if amended, page 12, line 16, by striking the words /
or electronically /
Renumber sections to conform.
Conform with existing provisions.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was not adopted.
Senator LEVENTIS asked unanimous consent to make a motion to offer two further amendments for consideration.
There was no objection.
Senator HUTTO asked unanimous consent to make a motion to offer two further amendments for consideration.
Senator THOMAS objected.
Senator LEVENTIS proposed the following Amendment No. 12 (RULE COM), which was not adopted:
Amend the resolution, as and if amended, page 17, by striking line 35 and inserting the following
/ necessary. The ranking minority party member of each standing committee will be provided appropriate staff and office space. The number of positions and salaries of personnel /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator MARTIN spoke on the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue
Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was not adopted.
Senator LEVENTIS proposed the following Amendment No. 14 (RULECOM 3), which was not adopted:
Amend the resolution, as and if amended, page 15, by striking lines 4 and 5 and inserting the following:
/ members in proportion to the number of Senators of each of such political parties and independents as nearly as /
Amend the resolution further, as and is amended, page 19, by striking lines 6 and 7 and inserting the following:
/ subcommittee shall be composed of members in proportion to the number of Senators of each of such political parties and independents to the extent practicable. The chair of the full Committee/
Amend the resolution further, as and if amended, page 35, by striking lines 15 and 16 and inserting the following:
/ members in proportion to the number of Senators of each of such political parties and independents as nearly as /
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
Senator LEVENTIS moved that the amendment be adopted.
The amendment was not adopted.
Senator LEVENTIS asked to be recognized on a Point of Privilege.
Senator THOMAS raised a Point of Order that, under Jefferson's Manual, no Points of Privilege were addressed and the motion was out of order.
The PRESIDENT sustained the Point of Order.
Senator LEVENTIS asked unanimous consent to make a motion that he be granted leave to speak on the Rules.
Senator THOMAS objected.
There being no further amendments, the question then was the adoption of the Rules, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Elliott Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
The Rules, as adopted, read as follows:
Be it resolved by the Senate that the Rules of the Senate are as follows:
RULE 1.
Time of Daily Meeting
A.
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. Thereafter, the Senate shall meet each legislative day at 11 o'clock a.m. every Tuesday, 2 o'clock p.m. every Wednesday, and 11 o'clock a.m. every Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up unless otherwise ordered by the Senate. A motion to change the time of daily meeting may be made at any time when a quorum of the Senate is present or not present and must be voted on after no more than five (5) minutes of debate, two and a half (21/2) for and two and a half (21/2) against. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.
At various times as he or she deems necessary during the session, the President Pro Tempore is authorized to make a motion to provide for the convening of the Senate in statewide session for the exclusive purpose of the introduction and referral of bills, receipt of communications and committee reports and the reading and passage of local legislation to which all members of an affected delegation have given their consent for the bill to be taken up, and to adjourn immediately thereafter. Any such motion shall provide the specific dates during which the motion shall apply and shall provide that the Senate must convene at 11:00 a.m. and adjourn not later than 12:30 p.m. on each such day and such motion must be made at least two (2) days prior to the beginning of the period for which it applies.
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 recede for a fixed period of time or to a time certain, 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 or herself from the service of the Senate, without leave of the Senate first obtained, shall forfeit his or her 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
Prior to the commencement of the session, the members of the Senate in each party shall select a leader of their respective party and employ such staff as the members of the respective parties feel appropriate. The leader of each respective party shall serve as either the Majority or Minority Leader of the Senate. For purposes of these Rules, the majority party shall be the party at the opening of the session who has at least fifty (50) percent of the vote in the Senate plus one. In the event that the membership of the Senate is equally divided, the party affiliation of the President will decide the majority party. The majority party shall be determined at the opening of the session and shall remain the majority party for the duration of these Rules.
During the opening session, the majority party leader shall pick his seat in the Chamber first. The Minority Leader shall then pick his seat in the Chamber on the opposite side. The reading clerk shall then call the roll of the Senate by seniority and each member shall then select a seat in the Chamber. The front two rows on the side of the Chamber selected by the majority leader are reserved for the most senior majority party members; the front two rows on the side of the Chamber selected by the minority leader are reserved for the most senior minority party members.
The Journal of the Senate shall be prepared and printed daily by the Clerk. 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 after debate of no more than five (5) minutes for and five (5) minutes against. The Clerk must annually compile and publish a permanent Journal of the proceedings of the Senate.
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 or she shall rise and address the President, and may not proceed until he or she 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 or her place and when finished shall take his or her 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 or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who
Every Senator, when speaking, shall address the President, standing in his or her place and when finished shall take his or her 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 or her consent. To obtain consent, he or she shall first address the President. If a member wishes to present a question to the Senator who has been granted the floor, he or she shall address the President and gain recognition. Once recognized, the member 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 or she shall sit down and may not proceed without leave of the Senate, unless the President takes the point of order under advisement. The President may call for the Sense of the Senate on any question of order. Every question of order must be decided by the President, without debate, and Senators shall have the right to appeal the decisions of the President to the full Senate. When the decision of the President is appealed, the President Pro Tempore or his or her designee shall preside and the President shall
When a member wishes to introduce a visitor, guest or family member, he or she shall first gain recognition from the President and shall limit his or her 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 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 or herself for ten six (6) hours or more from the Senate Chamber after due notice that Rule 3(B) has been invoked, and or is not present for two quorum roll calls thereafter which are had called more than two hours apart, forfeits his or her 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 affixed his or her name to such Bill, amendment or other paper. A member who is granted leave to place material on the desks of other members, and who is not the author of or who has not signed the material, shall affix his or her name to a copy of the material and forward that copy to the Clerk prior to distribution of the material. No notice shall be required of a member of his or her intention to introduce a Bill or Resolution. Any member may introduce Bills or
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 (2/3) until all of the committee members present are notified and 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 Committee Chairman who must certify that each member of the committee was notified and given an opportunity to vote and a written copy of the results must be given to the Clerk to be published in the Journal.
Notwithstanding the provisions of Rule 33 and unless otherwise ordered by the Senate, when the annual General Appropriation Bill or any reapportionment bill is received by the Senate to be placed on the calendar, it shall be placed in a position under the masthead of the calendar as the first order of business to be taken up each day immediately following the conclusion of the call of the Uncontested Local and Statewide Calendar.
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 desk, and read before the same is debated voted up or down; 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, and when returned shall be placed in the box.
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. A motion to reconsider may be made immediately after the act or motion to which it applies has occurred, during the motion period, or during the time between the call of orders of business, or during the time the bill or resolution is being debated.
Any member may rise to a point of personal privilege provided that 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 or her remarks to those matters which concern the member personally and has only the right to defend himself or herself and no other persons.
All other remarks made by a member shall be regarded as an expression of personal interest and when a member is recognized for an expression of personal interest, such remarks shall in all cases be limited to not more than five (5) minutes.
When a question is under debate, no motion shall be entertained, unless otherwise provided for in the Rules, but
1. To adjourn
2. To adjourn to a date and time certain
3. To recede for a fixed period of time or to a time certain
4. To appeal a decision of the Chair
5. To go into Executive Session
6. To take up order of the day
7. To continue
8. To lay on the table
9. To adjourn debate to a certain day or to adjourn debate
10. To carry over
11. To strike out the enacting clause
12. To commit
13. To reconsider
14. 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) ten (10) 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, when a Bill is under debate, a motion to carry over may be made by the Senator having the floor, with such Senator retaining the floor on that Bill upon an affirmative vote of twenty-six (26) members of the Senate. Provided, that when a Bill is under debate and a motion to carry over is made by the President Pro Tempore his or her designee or the next most senior senator of the majority party if the President Pro Tempore is absent pursuant to a majority vote of the Rules Committee for a carry over motion, the Senator having the floor may shall retain the floor on that Bill upon a majority vote of those members present and voting. No motion to carry over, either by the Senator who has the floor or by the President Pro Tempore Rules Committee as provided herein, shall be in order for any Bill in the
When a motion to adjourn debate is passed, the Bill to which it applies is subject to consideration on the next legislative day that the Senate reaches that order of business. When a motion to adjourn debate to a date certain is passed, the Bill to which it applies is not subject to consideration until the date so specified, if the Senate reaches that order of business. If the Senate does not reach that order of business, the Bill remains in adjourned debate status.
A motion to ratify acts may only be made by the President Pro Tempore or his or her designee any Committee Chairman and may be made at any time and must receive a majority vote of the membership of the Senate.
Whenever a member who has been recognized and properly holds the floor makes a motion relating to any business, matter or other question before the Senate, such motion shall require a majority vote of those voting unless otherwise provided. If a request is made to repeat or restate any such motion, it shall only be repeated or restated by the member originally making the motion.
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 four (4) hours and the time such Bill, motion, or other matter pending shall be voted upon may be fixed by a vote of twenty-nine (29) twenty-eight (28) members of the Senate. Notwithstanding the provisions of Rule 14 or any other rule, such motion may be made after the time period provided for herein has elapsed and may be made 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
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 no 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 (29) twenty-eight (28) 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 President Pro Tempore or his or her designee or the next most senior senator of the majority party if the President Pro Tempore is absent 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,
Unless a roll call of the Senate is ordered or a division is ordered, the decision of the Senate on any question other than unanimous consent shall be taken by all members voting "viva voce". 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 and shall be recorded as provided for in Rule 45
In taking the ayes and noes, and upon a call of the Senate, the names of the Senators present shall be called alphabetically vote alphabetically or electronically. Under the call of the ayes and noes every Senator present must give his or her vote one way or the other unless excused by the Senate.
When the electronic voting system is used, the President shall fix and announce the time, not to exceed two minutes, which shall be allowed for voting on the question before the Senate. The system shall be set to lock automatically and to record the vote when that time has expired. Once the system has locked and recorded a vote, the vote shall be displayed and printed by the system.
The voting station at each Senator's desk in the chamber shall be used only by the Senator to whom the station is assigned. Under no circumstances, shall any other person vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to request that another vote at the requesting Senator's station, or to vote at another Senator's station. The President shall enforce this rule without exception.
When the electronic voting system is used, the President shall state the question and shall then state substantially the following: "All in favor vote 'aye'; all opposed vote 'no' _____ seconds will be allowed for voting on this question; the Clerk shall record the vote." After the machine locks and records the vote, the President shall announce the vote and declare the result. The result shall be printed in the Senate Journal.
One copy of the machine printout of the vote record shall be filed in the office of the Clerk where it will be open to public inspection.
When the President ascertains that the electronic voting system is unavailable or inoperative before a vote is taken or while a vote is taken on the electronic system, the President shall announce that fact to the Senate, and any partial electronic voting system voting record shall be voided. In such a case, the names of the Senators shall be called alphabetically. If, after a vote is taken on the electronic system, it is discovered that a malfunction caused an error in the electronic system printout, the President shall direct the Reading Clerk and Clerk to verify and correct the printout record and so advise 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 or her 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 and shall have jurisdiction over legislation, appointments and other matters which fall within the title or titles of the Code of Laws as are herein below enumerated for each of the Committees:
Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land resources, soil & water conservation, mining, oil & gas, and wetlands), and 49
Banking and Insurance - Titles 29, 34, 35, 37, and 38
Corrections and Penology - Titles 2 (community corrections), and 24
Education - Titles 51, 59, and 60 (school governance & structure at all levels)
Ethics
Finance - Titles 1 (matters relating to the State Budget and Control Board only), 4, 5, 6 (bonding authority, taxation, finances), 8 (employment standards, retirement, deferred compensation), 9, 10, 11, and 12
Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea grants, soil & water conservation, and wetlands), 49, 50, and 51
General Committee - Titles 25, 39, 43, and 52
Invitations
Judiciary - Constitution, Titles 1 (except for matters relating to the State Budget and Control Board), 2, 3, 4 (structure & powers), 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62
Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, and 45
Medical Affairs - Titles 39, 40 (health care professionals), 43, 44, and 48 (pollution control, waste management, water & sewer)
Rules - Senate Rules, Joint Rules
Transportation - Titles 54, 55, 56, 57, and 58 (Regional Transportation Authorities and railroads)
If there is any objection to the referral of any bill or resolution to any Standing Committee, the Rules Committee shall hear the same, resolve the issue and report to the Senate within one (1) legislative day its decision which decision may be overruled by a vote of twenty-nine (29) Senators.
It shall not be in order for any committee to consider any proposed committee amendment (other than a technical, clerical, or conforming
(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 as follows: The Committees on Judiciary and Finance shall each have twenty-three (23) members. All other standing Committees except the Committee on Ethics and the Committee on Invitations shall have seventeen (17) members. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be members of the majority party and five (5) shall be members of the minority party. The Committee on Invitations shall be limited to not more than ten (10) eleven (11) members. The total membership of each Standing Committee shall be composed of members of the two major political parties in proportion to the number of Senators of each of such political parties as nearly as possible and ensuring that the majority party as defined in these Rules contains a majority of the membership within each Standing Committee. 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) three (3) Special Committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and members, the Chairmen's Committee to be composed of the Chairmen of the fourteen (14) Standing Committees, and the Operations and Management Committee selected by the President Pro Tempore and to be composed of the five (5) most senior members of the majority party and the four (4) most senior members of the minority party. The Chairman of the Chairmen's Committee, and Interstate Cooperation Committee, and the Operations and Management Committee shall in all cases be the President Pro Tempore or the most senior senator of the majority party serving thereon or in his or her absence the next most senior Senator of the majority party 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, the Operations and Management Committee, the Chairman's Committee, and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1)
(4) Members of the Senate shall make their committee selections at the commencement of the session following the election of Senators or in the case of a special election, at such session designated for that purpose by the President Pro Tempore. In the case of a special election, the President Pro Tempore must call a session for the purpose of committee selections within three statewide days after a Senator elected in a special election has taken the oath of office. 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 also prepare a list of each Standing Committee and the number of seats available to members of each party. The Clerk of the Senate shall then call the roll twice in order of continuous service. Each member, upon his or her name being called during the first call of the roll, shall select four (4) unfilled Standing Committees on which he or she wishes to serve (and shall also select at this same time a seat on each or all of the Ethics, Invitations and Interstate Cooperation Committees so long as a vacancy exists). When the prescribed number of seats provided for a particular party within a Standing Committee has been filled, the President shall announce that the seats available for either the Majority or Minority Party are filled. When the roll is called for the second time, it shall be called in reverse order of continuous service and each member upon his or her name being called, shall select one additional unfilled Standing Committee on which he or she 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 or her behalf. This procedure shall be followed on the first day of the session following the election of Senators and at any other session where a newly elected member(s) is seated and the President Pro Tempore has made the designation within the timeframe hereinabove provided. Any Senator who served on a Standing Committee in the session immediately past shall have the right to select such committee, regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee by
(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.
(6) Except as otherwise provided herein, in the selection by members of a seat on a Senate Standing Committee, 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. In the selection of the Chairman of the Standing Committees, the senior member of the Committee from the majority party as of January 5, 2001, in terms of seniority within the Committee, shall be the Chairman of the Standing Committee. The Chairman of the Standing Committee shall serve for the quadrennium concurring with the term of the Senators adopting theses Rules. If a vacancy occurs in the Chairmanship of a Standing Committee, then the next most senior member of the majority party, as of January 5, 2001, shall become Chairman of the Committee for the remainder of the original term. However, a Senator shall serve as Chairman of only one of the Standing Committees.
(10) Should any Senator, during his term of office, cease to be a member of the political party of which he was a member at the time of his election, he shall not be deemed, thereby, to have forfeited all Committee memberships to which he may have been elected and shall not waive all seniority within each of the committees of which he or she was member if a majority of the caucus to which the member switches consents to that Senator retaining his seniority within the Committees to which he was a member at the time of his switch. No Senator elected as a Chairman of a Standing Committee at the opening of a session shall lose that Chairmanship even if a Senator switches
(11) Each Committee Chairman shall have necessary staff to oversee the operation of the committee and its staff appointed by the Committee Chairman and such Committee counsel, staff assistants, and pages as the Chair of the Committee may deem necessary. The number of positions and salaries of personnel selected pursuant to this provision shall be subject to the approval of the Operations and Management Committee.
(12) The Operations and Management Committee, through the Clerk of the Senate and subject to the Committee's approval, shall oversee the day-to-day operation of the Senate including the allocation of office space between members. The Sergeant-at-Arms shall appoint such number of employees as Assistant Sergeant-at-Arms, subject to the approval of the Operations and Management Committee, as are necessary for the proper transaction of the business of the Senate.
Each Senator, who is not a Committee Chairman, shall hire such number of pages and other employees as is necessary for the proper transaction of their legislative business. The Operations and Management Committee shall determine the number and salary ranges for these positions. All staffing decisions, including the hiring and firing of all staff, unless otherwise provided herein, shall be the sole responsibility of the affected Senator. However, if an employee works for more than one Senator, then the decision to hire and fire must be made by both of the affected Senators. If an agreement cannot be reached regarding the hiring and firing of an employee who works for more than one Senator, then the Operations and Management Committee shall arbitrate the dispute and render a decision which decision shall be final.
The Operations and Management Committee shall also oversee the Office of Senate Research which shall provide assistance as requested by Senate members and committees of the Senate. The Operations and Management Committee shall appoint a majority and minority research director and such other research counsel and staff assistants as is necessary for the proper transaction of its business.
(1013) Matters shall be referred to a committee in accordance with jurisdiction of the committee as hereinabove established, or to such other committee as the Senate Rules Committee may order by majority vote on the motion of any member at the time the matter is before the Senate Rules Committee and subject to referral.
(11 14) The membership on committees of conference and free conference between the two Houses shall be determined by the President Pro Tempore of the Senate in consultation with the chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of a conference committee. Committees of conference and free conference between the two Houses shall be comprised of three members. The chairman of the committee with jurisdiction over the Bill which is the subject of the request for appointment of conference committee shall select one member; the Majority Leader of the Senate shall select one member; and the Minority Leader of the Senate shall select one member.
(15) The Chair of any Committee may appoint subcommittees to consider a particular bill or resolution or to consider matters relative to a portion of work of the Committee. Such subcommittees shall make recommendations to the Committee. The senior senator within the Committee appointed to the subcommittee shall be Chair of the full Committee shall name the chairman of the subcommittee who need not be the senior member appointed to the subcommittee. The total membership of a subcommittee shall be composed of members of the two major political parties if practicable. The Chair of the full Committee shall be an ex officio member of all subcommittees and entitled to vote, but shall not be counted as a member for purposes of a quorum.
(1216) Time schedules for committee meetings. The following schedule shall be the regular meeting times for Standing Committees when the General Assembly is in session. The time and date may be changed by the Chairmen's Committee and any additional or special meeting may be called only by individual Committee Chairmen subject to the provisions of the Freedom of Information Act.
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.11:00 a.m. - Transportation
2nd and 4th Wednesday 9:00 a.m. - Medical Affairs and General
3:00 p.m. 11:00 a.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, Chairmen's Committee, Interstate Cooperation Committee, and the Invitations Committee shall
The above listed dates refer to calendar weeks as opposed to session weeks. The date, time and place of any called meetings shall be reported to the Clerk of the Senate who shall post such information in the lobby of the Gressette Senate Office Building and the State House. Notice of regular scheduled meetings, as well as called meetings, shall be posted at least 24 hours in advance whenever feasible in accordance with the South Carolina Freedom of Information Act.
All questions relating to the priority of business to be acted upon shall be settled without debate.
After commitment and report of a Bill to the Senate, or at any time before its passage it may be recommitted by a motion to recommit which can only be made when the matter is under debate or by unanimous consent.
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 (3/4) 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 or the invitation discharged from the Committee by a majority vote. The provisions of this paragraph shall not apply to Concurrent Resolutions
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 specific subject of the Bill. The subject of the Bill shall be defined as any matter falling within the ambit of the Title of the Code of Laws expressed in the title of the Bill or and which logically falls within the specific subject matter as described in the title of the Bill or which logically falls within the specific subject matter as described in the Title of the Bill where no Title of the Code of Laws is referenced. Matter which is germane to the subject of the General Appropriation Bill and any Supplemental Appropriation Bill shall be defined as those things which reasonably, specifically, and inherently directly relate to the raising and spending of revenue for or in the fiscal year for which the bill applies and do not amend or suspend permanent law.
Except for general and temporary provisions having force and effect for a fiscal year and which deal directly with the appropriation and expenditure of money, any part, section or division or any amendment to any part, section or division of a general or supplemental appropriation bill which amends, suspends, adds or repeals a portion of the general permanent laws of South Carolina not otherwise prohibited under subsection A, may only be included upon a vote of two-thirds (2/3) of the Senators present and voting. This requirement shall apply to all such matter contained in the report of the Finance Committee and shall be enforced on the question of the adoption of the report. The vote
No Bill or Resolution shall be introduced in the name of a Committee except with the approval of two-thirds (2/3) 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
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 district, or special purpose district 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 or her 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 required by the actions of the Senate.
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
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 any way appertaining to the legislative business of the Senate, that the same may be regularly filed in his or her 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, the Reading Clerk, and the 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 in accordance with the provisions of Rule 19 which are applicable to the reference of bills. 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 only if allowed pursuant to applicable provisions of law and upon the vote of two-thirds (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. Executive Sessions may be held
Before going into Executive Session, the Senate shall vote in open session on the question of whether to go into Executive Session and the reason therefore. 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) required to be kept confidential by applicable provisions of law 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 44 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
The order of business above provided for may be varied by vote of three-fourths (3/4) 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 (2/3) 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 (1) 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 (2) 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 by the Chairmen's Rules Committee and made by the President Pro Tempore Chairman of the Rules Committee or his or her designee. The Bill occupying the slot reserved for Bills made Special Order on motion of the Chairmen's Rules 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
During the motion period all motions to set a Bill or Resolution for Special Order on a subsequent legislative day shall be in order irrespective of whether the Bill or Resolution was given a reading on the legislative day the motion is made. 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. Except for explanatory remarks authorized in subsection A, such motions shall be determined without debate and by two-thirds (2/3) vote of the Senators present. Provided, that, when authorized in writing by eight (8) twelve (12) members of the Chairmen's Rules Committee and delivered to the desk, a motion to set a bill for Special Order, 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.
When a bill is under debate, any Senator may move to continue a matter as provided for in Rule 14, to the 2nd, or any special session of
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 or her 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, no more than one member of the staff of each Senate Caucus, 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. Members of the House of Representatives and former Members of the General Assembly, not subject to the foregoing limitations 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
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 (3/4) 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. No exceptions to this Rule may be made.
Guests who are granted the privilege of the chamber behind the rail may not approach the podium unless the written request 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 (3/4) 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
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 the 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 with the approval of the Operations and Management Committee 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 standing, special, conference and free conference Committees shall lie on the table one statewide legislative 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 as to a specific Resolution or report of a committee may only be suspended by 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.
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 with the approval of the Operations and Management Committee 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 The Operations and Management Committee shall have full authority to regulate, supervise and fix times of broadcasts of the
In all cases not embraced by the foregoing Rules, the Senate shall be governed by such rules as are laid down in the 1801 version of 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 (2/3) of the membership of the Senate.
Any permanent amendment, rescission or repeal of any of the Senate rules shall require a two-thirds (2/3) 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. These rules shall remain in full force and effect until 2004 at the conclusion of the terms for Senators or until the Rules are amended, suspended, or repealed by a vote of two-thirds (2/3) of the membership of the Senate prior thereto.
(a) In the Senate there shall be a 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 judgment, 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 required to be filed with or received by the committee, and all such documents or materials are to repose in the office of the Clerk of the Senate and as necessary or appropriate are to be handled by the Clerk as strictly confidential 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 the members to make a fully informed vote on any matter before the Senate. If a member or former member of the Senate is appointed to an office which is subject to confirmation by the Senate and an ethics complaint has been filed against such member or former member before the receipt or during the pendency of the appointment, then the Senate may not consider the appointment until the Chairman of the Senate Ethics Committee notifies the Senate and any appropriate Standing Committee, in Executive Session, of the existence and nature of the pending complaint if the committee after a preliminary investigation finds that probable cause exists to support an alleged violation.
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 or her 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 or her accusers and the witnesses against him or her 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.
(c) In conjunction with the proceedings specified in Rule 44.1 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 or her expulsion from the Senate.
(a) If an indictment, information on a felony, or a warrant for the offenses provided in Sections 7- 13-1920, 7-25-20, 7-25-40, 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of Laws, is filed, returned, or issued against a member of the Senate, the member indicted, charged 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, charge 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
(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 or her 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 other action authorized pursuant to Article III, Section 12 of the Constitution or other Senate rule. Pursuant to the Constitution and except as provided herein, a member may not be disciplined, suspended, or expelled without a vote of the Senate.
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 or her committee to serve on the Joint Senate-House Committee to consider qualifications of candidates to be elected. The total membership of such a Committee shall be composed of members of the two major political parties in
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.
Bills received after May 1 shall be received, read and referred to the appropriate committee but are not eligible to be taken up until the next regular session unless upon the report of such a bill by a committee it receives a two thirds (2/3) vote of the membership of the Senate to be placed on the calendar. Any bill failing to receive the required vote shall be returned to the committee. The committee report on any such bill received after the May 1 deadline shall clearly indicate that the bill had been received after May 1 and is subject to this rule.
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 39.
All invitations which are extended to the entire membership of the Senate must be referred to the Committee on Invitations for its consideration. 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. 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.
The Invitations Committee shall adopt such procedures and requirements as it deems necessary to ensure that persons or organizations who extend invitations to the Senate have fully complied with the provisions of Act 248 of 1991 (The Ethics, Government Accountability, and Campaign Reform Act of 1991, as amended). The committee shall make copies of any such procedure available upon request.
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 (2/3) of the membership of the Senate.
On the question of an act returned from the Governor with his or her 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 (2/3) of the members of the Senate present and voting, then the Governor's veto is overridden.
The Clerk of the Senate shall prepare a list for each county of the State the percentage of the population of that county that a Senator represents. For general bills with local application, a Senator's vote shall be weighted based upon the percentage of the population of the county that the Senator represents.
No general bill with local application shall be introduced unless personally signed by a Senator representing the county. No general bill with local application may be moved from the local uncontested calendar to the local contested calendar unless approved by a vote of
When a general bill of local application is on the uncontested calendar, no further debate shall be allowed on the bill after no more than thirty (30) minutes of debate, fifteen (15) minutes for and fifteen (15) minutes against.
For purposes of this Rule, when a general bill of local application affects consolidation of school districts or municipalities within a county, then that bill cannot be moved from the local uncontested calendar to the local contested calendar unless approved by a vote of three-fifths (3/5) of the Senators of at least one of the affected school districts or municipalities. Upon motion, the Clerk of the Senate shall prepare a list for each affected school district or municipality the percentage of the population of that school district or municipality that a Senator represents.
No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.
If any Senator, in speaking or otherwise, in the opinion of the President transgresses this Rule the President shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall immediately take his seat, and may not proceed without leave of the Senate, which if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate.
Any Senator directed by the President to take his seat, and any Senator requesting the President to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate but only after the Senate has proceeded to Executive Session.
As soon as practicable after the adoption of these Rules, the President Pro Tem shall appoint a President Pro Tem Emeritus and a Ranking Member Emeritus. The President Pro Tem Emeritus shall be the immediately preceding President Pro Tempore of the Senate. The Ranking Member Emeritus shall be the most senior member of the Minority Party. However, no member may be both President Pro Tem Emeritus and Ranking Member Emeritus simultaneously. The President Pro Tempore Emeritus and Ranking Member Emeritus shall be provided appropriate office space and staff if authorized by the Operations and Management Committee.
All votes and actions during today's proceedings were in accordance with our longstanding pledge to organize the Senate pursuant to its custom and tradition of a non-partisan, seniority based system.
We voted against the Rules because they are not in good order nor will they serve the membership or the people of this State well. These Rules were not presented to anyone outside the majority party prior to their presentation at approximately 1:30 PM today. Debate was completely cut off at approximately 3:45 PM after a summary review of the substance of the Rules. During this explanation, it was revealed that even the authors did not know the complete text or implication of the Rules as presented.
We suggested several amendments designed to prevent the institutional exclusion of any but the Republican or Democratic Parties. They were rejected. We believe inclusion in our Rules referencing only "the two major political parties" to be unconstitutional as it has the effect of disenfranchising voters who may wish to send a person of a third party or an independent to this body. It chills political activities
In addition, the Rules, in my opinion, are unconstitutional because they bind this body to being Ruled by a party structure defined on one day in January 2001. This does not allow any change voters may seek to make over the next four years.
There are numerous other reasons why we object to these Rules. They are reflected in the amendments we proposed. We were not able to fully consider the proposed Rules to suggest all the changes required to address the problems.
Pursuant to the Rules, Senator McCONNELL moved that the Senate proceed to the selection of seats.
The Reading Clerk called the seniority roll for the purpose of seating selections as follows:
Seat 1 Senator McConnell
Seat 2 Senator J. Verne Smith
Seat 3 Senator Leatherman
Seat 4 Senator Giese
Seat 5 Senator Wilson
Seat 6 Senator Courson
Seat 7 Senator Peeler
Seat 8 Senator Thomas
Seat 9 Senator Hayes
Seat 10 Senator Gregory
Seat 11 Senator Ryberg
Seat 12 Senator Bauer
Seat 13 Senator Martin
Seat 14 Senator Fair
Seat 15 Senator Grooms
Seat 16 Senator Branton
Seat 17 Senator Mescher
Seat 18 Senator Richardson
Seat 19 Senator Alexander
Seat 20 Senator Waldrep
Seat 21 Senator Ravenel
Seat 22 Senator Hawkins
Seat 23 Senator Ritchie
Seat 24 Senator Saleeby
Seat 25 Senator Holland
Seat 26 Senator Drummond
Seat 27 Senator Land
Seat 28 Senator Leventis
Seat 29 Senator Moore
Seat 30 Senator Setzler
Seat 31 Senator Patterson
Seat 32 Senator Matthews
Seat 33 Senator McGill
Seat 34 Senator O'Dell
Seat 35 Senator Passailaigue
Seat 36 Senator Reese
Seat 37 Senator Elliott
Seat 38 Senator Hutto
Seat 39 Senator Short
Seat 40 Senator Rankin
Seat 41 Senator Verdin
Seat 42 Senator Pinckney
Seat 43 Senator Jackson
Seat 44 Senator Anderson
Seat 45 Senator Glover
Seat 46 Senator Ford
At 5:14 P.M., on motion of Senator LAND, the Senate receded from business not to exceed fifteen minutes.
At 6:05 P.M., the Senate resumed.
AGRICULTURE AND NATURAL RESOURCES
Waldrep, Robert L., Jr., Chairman
Land, John C. III
Leventis, Phil
Peeler, Harvey S., Jr.
Matthews, John W., Jr.
McGill, J. Yancey
BANKING AND INSURANCE
Thomas, David L., Chairman
Saleeby, Edward E.
Leatherman, Hugh K.
McConnell, Glenn F.
Setzler, Nikki
Courson, John E.
Matthews, John W., Jr.
Patterson, Kay
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.
Jackson, Darrell
Martin, Larry A.
Rankin, Luke
Alexander, Thomas C.
Grooms, Larry A.
Richardson, Scott H.
CORRECTIONS AND PENOLOGY
Ryberg, Greg, Chairman
Thomas, David L.
Giese, Warren K.
Patterson, Kay
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Fair, Michael L.
EDUCATION
Giese, Warren K., Chairman
Setzler, Nikki
Matthews, John W., Jr.
Wilson, Joe
Courson, John E.
Hayes, Robert W., Jr.
Glover, Maggie W.
Mescher, William C.
Rankin, Luke A.
Short, Linda H.
Waldrep, Robert L., Jr.
Anderson, Ralph
O'Dell, William H.
Patterson, Kay
Gregory, Greg
Fair, Michael L.
Ravenel, Arthur
ETHICS
Hayes, Robert, Chairman
Leatherman, Hugh K., Sr.
McConnell, Glenn F.
Courson, John E.
Giese, Warren K.
Leventis, Phil P.
Matthews, John
Land, John C. III
Moore, Thomas L.
Reese, Glenn G.
FINANCE
Leatherman, Hugh K., Chairman
Drummond, John
Smith, J. Verne
Land, John C. III
Setzler, Nikki
Leventis, Phil
Peeler, Harvey S., Jr.
Giese, Warren K.
Thomas, David L.
Patterson, Kay
McGill, J. Yancey
Courson, John E.
Matthews, John W., Jr.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
Hayes, Robert W., Jr.
Ryberg, Greg
Short, Linda H.
Alexander, Thomas C.
Ravenel, Arthur
Branton, William S.
Grooms, Larry R.
FISH, GAME AND FORESTRY
Gregory, Greg, Chairman
Drummond, John
Holland, Donald H.
Land, John C. III
Peeler, Harvey S., Jr.
McGill, J. Yancey
Passailaigue, Ernest L., Jr.
Elliott, Dick
Waldrep, Robert L., Jr.
Moore, Thomas L.
Hutto, C. Bradley
Ravenel, Arthur
Branton, William S., Jr.
GENERAL COMMITTEE
Mescher, William, Chairman
Holland, Donald H.
Thomas, David L.
Wilson, Joe
O'Dell, William H.
Martin, Larry A.
Alexander, Thomas C.
Ryberg, Greg
Richardson, Scott H.
Matthews, John W., Jr.
Patterson, Kay
McGill, J. Yancey
Hayes, Robert W., Jr.
Elliott, Dick
Ford, Robert
Hawkins, John
Pinckney, Clementa C.
INTERSTATE COOPERATION
Smith, J. Verne, Chairman
Drummond, John
Leatherman, Hugh K.
Holland, Donald H.
McConnell, Glenn F.
INVITATIONS
Courson, John E., Chairman
Wilson, Joe
Matthews, John W., Jr.
Patterson, Kay
O'Dell, William H.
Passailaigue, Ernest L., Jr.
McGill, J. Yancey
Waldrep, Robert
JUDICIARY
McConnell, Glenn F., Chairman
Holland, Donald H.
Saleeby, Edward E.
Wilson, Joe
Moore, Thomas L.
Ford, Robert
Glover, Maggie W.
Gregory, Greg
Jackson, Darrell
Martin, Larry A.
Mescher, William
Rankin, Luke
Elliott, Dick
Waldrep, Robert
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
Bauer, André
Richardson, Scott H.
Hawkins, John
Pinckney, Clementa C.
Ritchie, James H., Jr.
Verdin, Daniel Byron III
LABOR, COMMERCE AND INDUSTRY
Smith, J. Verne, Chairman
Drummond, John
Saleeby, Edward E.
Setzler, Nikki
Leventis, Phil
McConnell, Glenn F.
Moore, Thomas L.
O'Dell, William H.
Passailaigue, Ernest L., Jr.
Reese, Glenn G.
MEDICAL AFFAIRS
Peeler, Harvey S., Jr., Chairman
Smith, J. Verne
Moore, Thomas L.
Courson, John E.
Giese, Warren K.
Thomas, David L.
Hayes, Robert W., Jr.
Jackson, Darrell
Short, Linda H.
Fair, Michael L.
Hutto, C. Bradley
Anderson, Ralph
Branton, William S., Jr.
Ravenel, Arthur
Passailaigue, Ernie
Ford, Robert
Pinckney, Clementa C.
RULES
Martin, Larry A., Chairman
Smith, J. Verne
McConnell, Glenn F.
Reese, Glenn G.
Holland, Donald H.
Leventis, Phil
Bauer, André
Saleeby, Edward
Land, John C. III
Moore, Thomas L.
Alexander, Thomas C.
Fair, Michael L.
TRANSPORTATION
Wilson, Joe, Chairman
Land, John C. III
Leatherman, Hugh K.
Leventis, Phil
McGill, J. Yancey
Elliott, Dick
Rankin, Luke
Ryberg, Greg
Short, Linda H.
Grooms, Larry A.
Ford, Robert
Jackson, Darrell
Bauer, André
Richardson, Scott H.
Ritchie, James H., Jr.
Hawkins, John
Verdin, Daniel Byron III
ALEXANDER, THOMAS C.
Banking and Insurance
Finance
General
Invitations
Labor, Commerce and Industry
Rules
ANDERSON, RALPH
Corrections and Penology
Education
Judiciary
BAUER, ANDRÉ
Agriculture & Natural Resources
Invitations
Judiciary
Labor, Commerce and Industry
Rules
Transportation
BRANTON, WILLIAM S., JR.
Corrections and Penology
Finance
Fish, Game and Forestry
Labor, Commerce and Industry
Medical Affairs
COURSON, JOHN E.
Banking and Insurance
Education
Ethics
Finance
Invitations, Chairman
Medical Affairs
DRUMMOND, JOHN
Finance
Fish, Game and Forestry
Interstate Cooperation
Labor, Commerce and Industry
ELLIOTT, DICK
Agriculture & Natural Resources
Fish, Game and Forestry
General
Judiciary
Transportation
FORD, ROBERT
Corrections and Penology
General
Judiciary
Medical Affairs
Transportation
GIESE, WARREN K.
Corrections and Penology
Education, Chairman
Ethics
Finance
Medical Affairs
GLOVER, MAGGIE W.
Agriculture and Natural Resources
Corrections and Penology
Education
Judiciary
GREGORY, GREG
Agriculture and Natural Resources
Corrections and Penology
Education
Fish, Game and Forestry, Chairman
Judiciary
GROOMS, LARRY R.
Agriculture and Natural Resources
Banking and Insurance
Fish, Game and Forestry
Finance
Transportation
HAWKINS, JOHN DAVID
Corrections and Penology
General
Judiciary
Rules
Transportation
HAYES, ROBERT W., JR.
Banking and Insurance
Education
Ethics, Chairman
Finance
General
Medical Affairs
HOLLAND, DONALD H.
Corrections and Penology
Fish, Game and Forestry
General
Interstate Cooperation
Judiciary
Rules
HUTTO, C. BRADLEY
Agriculture and Natural Resources
Fish, Game and Forestry
Judiciary
Medical Affairs
Rules
JACKSON, DARRELL
Banking and Insurance
Judiciary
Medical Affairs
Transportation
LEATHERMAN, HUGH K.
Banking and Insurance
Ethics
Finance, Chairman
Interstate Cooperation
Labor, Commerce and Industry
Transportation
LEVENTIS, PHIL
Agriculture and Natural Resources
Ethics
Finance
Labor, Commerce and Industry
Rules
Transportation
MARTIN, LARRY A.
Banking and Insurance
Corrections and Penology
General
Judiciary
Rules, Chairman
MATTHEWS, JOHN W., JR.
Agriculture and Natural Resources
Banking and Insurance
Education
Ethics
Finance
General
Invitations
McGILL, J. YANCEY
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
General
Invitations
Transportation
MESCHER, WILLIAM
Education
Fish, Game and Forestry
General, Chairman
Judiciary
Labor, Commerce and Industry
MOORE, THOMAS L.
Ethics
Fish, Game and Forestry
Judiciary
Labor, Commerce and Industry
Medical Affairs
Rules
O'DELL, WILLIAM H.
Education
Finance
General
Invitations
Labor, Commerce and Industry
PASSAILAIGUE, ERNEST L., Jr.
Banking and Insurance
PATTERSON, KAY
Banking and Insurance
Corrections and Penology
Education
Finance
General
Invitations
PEELER, HARVEY S., JR.
Agriculture and Natural Resources
Finance
Fish, Game and Forestry
Medical Affairs, Chairman
PINCKNEY, CLEMENTA
Corrections and Penology
General
Judiciary
Medical Affairs
RANKIN, LUKE
Banking and Insurance
Education
Judiciary
Transportation
RAVENEL, ARTHUR
Agriculture and Natural Resources
Education
Finance
Fish, Game and Forestry
Medical Affairs
RICHARDSON, SCOTT H.
Banking and Insurance
General
Invitations
Judiciary
Rules
Transportation
RITCHIE, JAMES H., JR.
Agriculture and Natural Resources
Fish, Game and Forestry
Judiciary
Rules
Transportation
RYBERG, GREG
Corrections and Penology, Chairman
Finance
General
Labor, Commerce and Industry
Transportation
SALEEBY, EDWARD E.
Banking and Insurance
Corrections and Penology
Judiciary
Labor, Commerce and Industry
SETZLER, NIKKI
Banking and Insurance
Education
SHORT, LINDA H.
Corrections and Penology
Education
Finance
Medical Affairs
Transportation
SMITH, J. VERNE
Finance
Interstate Cooperation
Labor, Commerce and Industry, Chairman
Medical Affairs
Rules
THOMAS, DAVID L.
Banking and Insurance, Chairman
Corrections and Penology
Finance
General
Medical Affairs
VERDIN, DANNY
Agriculture and Natural Resources
Corrections and Penology
Fish, Game and Forestry
Judiciary
Transportation
WALDREP, ROBERT L., Jr.
Agriculture and Natural Resources, Chairman
Education
Fish, Game and Forestry
Invitations
Judiciary
Labor, Commerce and Industry
Pursuant to Rule 19, the following members are designated as Standing Committee Chairmen:
AGRICULTURE AND NATURAL RESOURCES COMMITTEE
Senator Waldrep
BANKING AND INSURANCE COMMITTEE
Senator Thomas
CORRECTIONS AND PENOLOGY COMMITTEE
Senator Ryberg
EDUCATION COMMITTEE
Senator Giese
ETHICS COMMITTEE
Senator Hayes
FINANCE COMMITTEE
Senator Leatherman
FISH, GAME AND FORESTRY COMMITTEE
Senator Gregory
GENERAL COMMITTEE
Senator Mescher
INTERSTATE COOPERATION COMMITTEE
Senator J. Verne Smith
Senator Courson
JUDICIARY COMMITTEE
Senator McConnell
LABOR, COMMERCE AND INDUSTRY COMMITTEE
Senator J. Verne Smith
MEDICAL AFFAIRS COMMITTEE
Senator Peeler
RULES COMMITTEE
Senator Martin
TRANSPORTATION COMMITTEE
Senator Wilson
The Clerk announced the following appointments:
Mr. Hogan Brown Assistant Clerk and Assistant Director of
Research
Mrs. Darlene M. Griggs Administrative Assistant
Mrs. Joyce D. Reid Administrative Assistant
Mrs. Agnes H. Walker General Desk Clerk
Mrs. Cynthia C. Aiken Calendar Clerk
Mrs. Betty Graham Chief Administrative Assistant to
the Clerk of the Senate
Mrs. Beth Dworjanyn Director of Senate Finance
Mrs. Jean Tisdale Bookkeeping
Mrs. Jean Padgett Payroll/Personnel Specialist
Ms. Alicia Eatmon Bill Clerk
Mrs. Susan H. Edwards Assistant Bill Clerk
On motion of Senator COURSON, with unanimous consent, the invitations were accepted, and ordered placed on the Calendar.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC BANKERS ASSOCIATION to attend a reception at the Adam's Mark Hotel on Tuesday, January 9, 2001, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the PALMETTO CONSERVATION FOUNDATION to attend a breakfast at the Capital City Club on Wednesday, January 10, 2001, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the AMERICAN INSTITUTE OF ARCHITECTS, SC CHAPTER to attend a reception at the Columbia Museum of Art on Wednesday, January 10, 2001, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC ASSOCIATION OF COUNCIL ON AGING DIRECTORS to attend a buffet breakfast at the Clarion Town House on Thursday, January 11, 2001, from 8:00 until 8:45 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC CHAMBER OF COMMERCE to attend a "Business Speaks" reception at the Capital City Club on Tuesday, January 16, 2001, from 6:00 until 8:00 P.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the SC COUNCIL OF ALCOHOL AND DRUG ABUSE AUTHORITIES AND SC DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES to attend a breakfast at the Summit Club on Wednesday, January 17, 2001, from 8:00 until 9:00 A.M.
Courson Wilson Matthews Patterson O'Dell Passailaigue McGill Reese
The PRESIDENT appointed Senators LEATHERMAN, McCONNELL, MATTHEWS and REESE to inform the Governor that the Senate was organized and was ready to proceed with business.
The PRESIDENT appointed Senators MARTIN, ELLIOTT, PATTERSON and HAWKINS to inform the House of Representatives that the Senate was organized and was ready to proceed with business.
On motion of Senators WILSON and SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Honorable Jarvis Klapman, former colleague and member of the House of Representatives.
On motion of Senator J. VERNE SMITH, with unanimous consent, the Senate stood adjourned out of respect to the memory of my colleague and friend, Mr. Luke Kelly, beloved grandfather of Karen Kelly, staff of the Labor, Commerce and Industry Committee.
At 6:58 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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