Senate rules
changes an appropriate fix for gridlock
By LARRY A.
MARTIN Guest
columnist
Ben Franklin once said, “The definition of insanity is doing the
same thing over and over and expecting different results.” When
applied to the S.C. Senate and its rules, insanity is a touch too
strong. The most appropriate word would be “gridlock.”
According to recent press reports, some members of the Senate,
particularly the Democratic leader, would like to keep the same
debate rules that we have had for the past four years. They are
anticipating the effort that many of us in the Senate will make the
first day of the session to reform Senate rules and procedures.
Also, they apparently view the move to modernize the Senate rules as
simply an accommodation to the governor or the House of
Representatives. While the governor performed a service in his
public critique of the Senate’s rules in recent months, several of
us in the Senate have been working on this issue much longer.
It is not at all difficult to make the case that substantive
reform of the Senate rules is in order in light of our track record
in recent years. The past two legislative sessions have ended with
the Senate in a filibuster. Last session, the Senate was unable to
reach its calendar for weeks at a time because of “extended debate.”
Also, an important economic development bill became the subject of a
lawsuit over extraneous amendments added to it during floor debate
in the Senate. The Senate calendar exceeded 80 pages during the last
week of the session, and a number of good bills died.
The reforms that we will offer are comprehensive. The major items
in our proposal are to:
• Tighten the germaneness rule to
eliminate bobtailing.
• Reduce from 28 senators to 26 or
three-fifths of those present and voting, whichever is lower, the
number needed to end debate.
• Require the consideration of
amendments prior to extended debate on the main bill.
• Alter the Senate’s daily order
of business to make better use of the Senate’s time on the
floor.
• Change the special order rule to
allow more timely consideration of bills on the floor.
• Provide for a means to bring up
a bill for debate over the objection of a single senator.
These rules, if adopted, will not allow the majority to run over
the minority on any issue. An opportunity for a thorough debate is
preserved. For example, a super-majority of as much as 57 percent of
the Senate membership will be required to end a filibuster. However,
as members leave the chamber and the number of senators present
declines, the filibuster rule is adjusted to reflect the number of
senators actually present and voting. Importantly, the new rules
provide for an actual debate on amendments before extended debate is
allowed on the bill itself. The new rules more narrowly and clearly
define the subject matter that will be allowed in an amendment to a
bill.
These rules changes will be proposed by the Republican majority,
and I hope they will gain the support of our colleagues across the
aisle. If adopted, these rules will enable the Senate to
deliberatively consider every issue that its committees report to
the floor. We believe the people of South Carolina deserve a Senate
willing to embrace needed reform of its rules and expect different
results.
Sen. Martin, a Pickens Republican, chairs the Senate Rules
Committee. |