South Carolina General Assembly
110th Session, 1993-1994

Bill 264


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    264
Primary Sponsor:                Committee (14)
Type of Legislation:            SR
Subject:                        Senate Rules
Date Bill Passed both Bodies:   19930225    
Computer Document Number:       264
Introduced Date:                19930126    
Date of Last Amendment:         19930225    
Last History Body:              Senate
Last History Date:              19930225    
Last History Type:              Amended, adopted
Scope of Legislation:           Statewide
Sponsor Committee:              Rules
Sponsor Committee Number:       14
Type of Legislation:            Senate
                                Resolution



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

264   Senate  19930225      Amended, adopted
264   Senate  19930218      Made Special Order
264   Senate  19930211      Amended
264   Senate  19930203      Amended
264   Senate  19930126      Introduced, placed on
                            Calendar without reference

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AS PASSED BY THE SENATE

February 25, 1993

S. 264

Introduced by Rules Committee

S. Printed 2/25/93--S.

Read the first time January 26, 1993.

A SENATE RESOLUTION

TO AMEND THE RULES OF THE SENATE SO AS TO FURTHER PROVIDE FOR THE MOTION TO RECEDE AS USED IN RULE 2 AND RULE 14, TO FURTHER DEFINE A POINT OF PERSONAL INTEREST AS USED IN RULE 13, TO COMBINE AND CLARIFY CERTAIN LANGUAGE RELATING TO THE SCHEDULING OF COMMITTEE MEETINGS AS PROVIDED FOR IN RULES 19 AND 47 AND TO DELETE CERTAIN DUPLICATE PROVISIONS.

Amend Title To Conform

Be it resolved by the Senate:

That Rules 2, 13, 14 and 19 of the Rules of the Senate shall be amended to read as follows:

RULE 2.

Quorum

A majority of the total number of Senators qualified shall constitute a quorum.

Quorum Call of the Senate

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.

RULE 13.

Points of Personal Privilege

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 remarks to those matters which concern the member personally and has only the right to defend himself and no other persons.

All other remarks made by a member shall be regarded as a point of personal interest and when a member is recognized for a point of personal interest such remarks shall in all cases be limited to not more than five (5) minutes.

RULE 14.

Privileged Motions

When a question is under debate, no motion shall be entertained but

1. To adjourn.

2. To adjourn to a date and time certain.

3. To recede for a fixed period of time or to a time certain.

4. To take up order of the day.

5. To continue.

6. To lay on the table.

7. To adjourn debate to a certain day or to

adjourn debate.

8. To carry over.

9. To strike out the enacting clause.

10. To commit.

11. To amend. which several motions may only be made by the Senator having the floor and shall have precedence in the order in which they are above arranged, and the first eight (8) of which shall be determined, without debate. A motion to lay an amendment on the table being agreed to shall not have the effect of disposing of the main question.

When a motion to adjourn debate is 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 adjourn debate status.

A motion to ratify acts may only be made by the chairman or an authorized member of the Chairmens' Committee and may be made at any time.

RULE 19.

Standing and Special Committees of the Senate

The Standing Committees of the Senate shall be as follows:

Agriculture and Natural Resources

Banking and Insurance

Corrections and Penology

Education

Ethics

Finance

Fish, Game and Forestry

General Committee (General Committee will

encompass most of the relatively inactive committees, namely, Atomic and Nuclear Energy, Federal Relations, Enrolled Acts, Legislative Library, Military, Veterans Affairs, Privileges and Elections, Rural Electrification, Social Services and Local Legislation.)

Invitations

Judiciary

Labor, Commerce and Industry

Medical Affairs

Rules

Transportation (Aviation, Highways, Railroads and Shipping.)

(1) The membership of the above listed committees shall be not less than five (5) nor more than eighteen (18) except as otherwise provided herein. The Committee on Ethics shall be composed of ten (10) members. Of the ten (10) members selecting a seat, five (5) shall be a member of the majority party and five (5) shall be a member of the minority party. The Committee on Invitations shall be limited to not more than ten (10) members. The several committees shall have such powers and duties as provided for in these rules.

(2) In addition to the above listed standing committees, there shall be two (2) special committees to be known as the Committee on Interstate Cooperation which shall be composed of five (5) members and the Chairmens' Committee to be composed of the Chairmen of the fourteen (14) Standing Committees. The Chairman of the Chairmens' Committee shall in all cases be the most senior Senator serving thereon.

(3) Members of the Senate shall be limited to serve on not more than five (5) Standing Committees. Membership on the Committee on Ethics, the Committee on Invitations and the Committee on Interstate Cooperation are not included in limiting membership on Standing Committees. No member shall chair more than one (1) standing committee but may chair a standing committee and a special committee concurrently.

(4) Members of the Senate shall make their committee selections at the commencement of each session following the election of Senators or at such session called for that purpose. For the members to make their standing committee selections, the Clerk of the Senate (or if the Clerk has not been elected, the Clerk of the Senate during the preceding General Assembly or an assistant clerk) shall prepare a roll of the Senate listing the members in the order of length of continuous service, beginning with the longest continuous service. Where two or more members have equal continuous service they shall be listed in alphabetical order. The Clerk of the Senate shall then call the roll. Each member, upon his name being called, shall select four (4) unfilled standing committees on which he wishes to serve. The roll call shall be repeated a second time with each member, upon his name being called, selecting one additional unfilled standing committee on which he wishes to serve. In the event any member is unable to be present for selection of standing committees, that member may authorize in writing any member of the Senate to make selections in his behalf. This procedure shall be followed on the first day of the session following the election of senators and at any other session where the Senate proceeds to fill vacancies on a committee by whatever reason caused. Any Senator who served on a standing committee in the session immediately past shall have the right to serve on such committee regardless of the Senator's seniority in the Senate, unless the Senator shall elect to be removed from such committee or unless the Senator is ineligible to reclaim a seat on the said committee by reason of the limitations herein set forth.

(5) Membership on the Judiciary Committee excludes membership on the Finance Committee and vice versa.

(6) Except as otherwise provided herein, in the selection of the membership of the Senate Standing Committees, the seniority system shall be retained so as to become a part of these rules and shall be followed without regard to party affiliation.

(7) Committee seniority shall be determined by tenure within the Committee rather than tenure within the Senate. When members with seniority transfer to a new committee their seniority will be counted ahead of newly-elected Senators.

(8) Where two or more Standing Committees are combined, initial membership on such committees shall be based on tenure within the Senate.

(9) In the election of the Chairmen of the Standing Committees, the Senate shall proceed viva voce, severally, to elect the Chairman of each Committee by a majority vote.

(10) When any subject or matter shall have been referred to a Committee, any other subject or matter of a similar nature may, on motion, be referred to such Committee.

(11) The membership on committees of conference and free conference between the two Houses shall be determined by the President of the Senate in consultation with the Chairman of the committee of jurisdiction on the bill subject to conference. Provided that the conference committee on any resolution affecting sine die adjournment shall be appointed by the Chairmens' Committee.

(12) Time schedules for committee meetings. The following schedule shall be the regular meeting times for standing and special committees when the General Assembly is in session. The time and date may be changed by the Chairmens' Committee and any additional meeting may be called by individual committee chairmen.

1st and 3rd Tuesday 11:00 a.m.

The Chairmens Committee

Every Tuesday 3:00 p.m.

Finance and Judiciary

1st and 3rd Wednesday 9:00 a.m. - Education

10:00 a.m.

Fish, Game & Forestry

3:00 p.m. - Transportation

2nd and 4th Wednesday 9:00 a.m.

Medical Affairs and General

3:00 p.m.

Banking & Insurance

1st and 3rd Thursday 9:00 a.m.

Corrections & Penology

Agriculture & Natural

Resources

2nd and 4th Thursday 9:00 a.m.

Labor, Commerce & Industry

The Rules Committee, Ethics Committee, Interstate Cooperation Committee, and the Invitations Committee shall meet at the call of the Chair. Provided, however, that nothing herein shall prohibit the Chairman of a standing committee from canceling a committee meeting.

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.

Be it further resolved that Section C of Rule 34 and Rule 47 in its entirety are hereby deleted.

Be it further resolved that Rule 50 be amended to read as follows:

RULE 50

Invitations

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. All invitations so received must be referred to the Committee on Invitations, and the 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). The Committee shall make copies of any such procedure available upon request.

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