Gov. Mark Sanford hailed Tuesday as "the Senate's
day" after the passage of critical rules changes. It also was "the
people's day" since there now is a far better chance that the public's
business will get done in this legislative session.
Senate Finance Committee Chairman Hugh Leatherman predicted Tuesday's
outcome last week during a media workshop, saying that he heard during the
recent campaign how much the voters were fed up with the Senate gridlock
of recent years. The senator said then that the public understands very
well that the Senate "is not tending to the public's business."
The majority of the senators said with their vote that they not only
had gotten that message but had become equally frustrated with the way
work wasn't getting done. Threats of filibusters and the objections of
lone senators were enough to kill critical legislation without anything
close to substantive debate.
The rules changes will directly address those problems along with the
bad legislative habit of attaching to popular legislation unrelated
amendments known as "bobtails" that couldn't pass on their own. The new,
much tighter anti-bobtailing rule clearly bans any amendment that raises
any "new and independent matter."
While opponents have argued that the rules changes will make the Senate
less deliberative in its work, the misuse of the old rules resulted in
very little deliberation actually taking place. As several Senate leaders
noted last week, filibusters were threatened on bills almost from the
outset, before debate or amendments could be considered. Since the old
rules stipulated that a minimum of 28 of the 46 senators had to agree to
stop a filibuster, the threat alone was often enough to result in
adjournment.
The new rules should help cure that since a filibuster now can be
stopped either by 26 senators or by three-fifths of those present and
voting, whichever is the lesser. No longer can senators keep a filibuster
going either by their absence or by failing to vote.
The new rules also preclude extended debate until after the senators
have at least had a chance to consider amendments during second reading.
The most critical revision dealt with what once seemed a good idea but
which had gone very bad. The practice of allowing just one senator to put
a bill on the contested calendar was intended to allow that senator to
satisfy his concerns about a piece of legislation.
It was never intended to allow one senator to single-handedly stop
legislation indefinitely. But that has been the result in recent years,
primarily because the Senate has become so contentious and the contested
calendar so long. The new rule would give a senator what amounts to two
weeks to satisfy his concerns about a bill. After that, it would be
subject to the consideration of the full body.
Rules Committee Chairman Larry Martin hailed the changes as giving the
Senate "the ability to finally make some substantive headway and debate
major pieces of legislation."
Had the Senate not done its good work on the rules Tuesday, there would
have been little reason to hope that this year would have been any better
than last for such reforms as government restructuring and changes in tort
law. Now, at least, there is reason for optimism.