Senate needs better
leadership, not new rules
By JOHN C. LAND
III Guest
columnist
Gov. Mark Sanford’s Thursday guest column, “Change has to start
in the S.C. Senate,” is interesting but wide of the mark. He asserts
that the Senate rules, specifically those governing extended debate
and a senator’s ability to contest a bill, are responsible for the
Senate’s failure to pass many, if not most, of the bills judged
important by one group or another; his last charge is leveled at
bobtailing. The examples used by the governor to explain the
operation of the rules have some small grain of accuracy but are
simplistic and, in practice and in reality, just plain wrong.
Referring to the rules of the Senate, the governor says that “we
have a system in our state that’s very adept at stopping ideas.” I
could not disagree more. Most of the landmark legislation enacted in
the past 25 years has been the object of extended debate and
considered under rules far more stringent than those now in
effect.
When vital protections for our coastline were put in place
through passage of the Coastal Zone Management Act, the rules
required 31 votes to break a filibuster and the motion to cut off
debate could only be made by the senator at the podium. When Gov.
Carroll Campbell’s 3-cent gas tax increase was passed to help save a
road system that had become an impediment to economic development,
the Senate weathered a filibuster under rules requiring 31 votes to
cut off debate.
The Freedom of Information Act, the constitutional tax and
spending limitation, the constitutional Capital Reserve Fund, PSC
merit selection, the Children’s Code, the Education Finance Act, the
Consolidated Procurement Code, the penny sales tax and the Education
Improvement Act, the Low Level Radioactive Waste Compact, the
education lottery, the bond bill containing a $750 million
authorization to build new schools; the list goes on and on and on.
All of these worthy and critical enactments were forged in the
crucible of extended debate under rules far more onerous than those
in effect today.
The essential difference is that then we had a leadership
determined to reach a fair, well-reasoned and positive result. We
had leaders who used the force of a filibuster to craft consensus,
bring disparate views together and deliver a victory in which all
ideas and positions were valued. We had a leadership whose only
agenda was what was best for our citizens and the future well-being
of our state.
The point is, we have overcome the hurdles of fiercely held
positions time and again and produced positive results, no matter
what the rules required. My own nearly three-day filibuster on the
right to carry a concealed weapon occurred under less stringent
debate rules than we have today. It wasn’t about the vote
requirement, it was about passing a bill that would respond to the
public’s demands and at the same time include the necessary life
safety protections. At the time the Senate determined that this
balance had been reached, it produced the 27 votes needed to sit me
down, and it passed the bill.
As for bobtailing, this is a very simplistic euphemism for the
complex and often multifaceted concept of germaneness. The
constitution establishes germaneness as those things that fall under
the single subject matter of a bill as expressed in its title. If
one takes this at its broadest cut, we could pass everything during
the session in one bill. Cut too thin, the General Assembly would
choke on literally tens of thousands of introductions. Germaneness
must be reasonable, flexible and judged one instrument at a
time.
Finally, it appears to me that the governor’s comments imply that
the “ideas” he has advanced are necessarily “good” simply because he
has advanced them. I do not argue with this assessment, just as he
should not argue with the Senate’s process for evaluating his
assessment. In my experience, when an idea is really not mature
enough or in reality “good” enough to enshrine in permanent law, its
author often attacks the process used to consider the idea.
In any event, I pledge to work with all of my colleagues in the
Senate to craft, offer and pass a set of rules that will reform the
processes of the Senate, make the body more efficient and able to
react to the demands of the session and, most importantly, that will
treat all ideas fairly and advance those that the majority judges
worthy of further and final consideration.
Sen. Land of Manning is the Democratic minority leader. |