Posted on Thu, Jan. 06, 2005


Senate rules changes an appropriate fix for gridlock


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.





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