1 BIL: 1 2 TYP: Senate Resolution SR 3 INB: Senate 4 IND: 20010109 5 PSP: McConnell 6 SPO: Martin, J. Verne Smith, Leatherman, Peeler, Courson, Giese, Thomas, 7 Wilson, Hayes, Gregory, Mescher, Ryberg, Waldrep, Alexander, Fair, 8 Ravenel, Branton, Grooms, Bauer, Richardson, Hawkins, Ritchie, Verdin 9 DDN: l:\council\bills\gjk\20084HTC01.doc 10 LAD: 20010109 11 DPB: 20010109 12 SUB: General Assembly, Rules, Senate, Adoption of 13 14 15 16 HST: 17 18 Body Date Action Description Com Leg Involved 19 ______20 Senate 20010109 Amended, adopted 21 Senate 20010109 Introduced 22 23 24 25 26 Versions of This Bill 27 28 29 Revised on 20010109 30 31 32 33 34 TXT: 1 ADOPTED 2 January 9, 2001 3 4 S. 1 5 6 Introduced by Senators McConnell, Martin, J. Verne Smith, 7 Leatherman, Peeler, Courson, Giese, Thomas, Wilson, Hayes, 8 Gregory, Mescher, Ryberg, Waldrep, Alexander, Fair, Ravenel, 9 Branton, Grooms, Bauer, Richardson, Hawkins, Ritchie and 10 Verdin 11 12

1 [1-1] 1 2 3 4 5 6 7 8 9 A SENATE RESOLUTION 10 11 TO ADOPT RULES OF PROCEDURE FOR THE SENATE AS 12 AUTHORIZED PURSUANT TO ARTICLE III, SECTION 12 OF 13 THE CONSTITUTION OF SOUTH CAROLINA, 1895. 14 15 Be it resolved by the Senate that the Rules of the Senate are as 16 follows: 17 18 SENATE RULES 19 20 RULE 1. 21 Time of Daily Meeting 22 A. 23 The Senate, on the first day of each annual session, shall 24 convene at 12 o’clock noon. Thereafter, the Senate shall meet 25 each legislative day at 11 o’clock a.m. every Tuesday, 2 o’clock 26 p.m. every Wednesday, and 11 o’clock a.m. every Thursday for 27 statewide matters and on Friday for local matters and uncontested 28 matters which have previously received unanimous consent to be 29 taken up unless otherwise ordered by the Senate. A motion to 30 change the time of daily meeting may be made at any time when a 31 quorum of the Senate is present or not present and must be voted 32 on after no more than five (5) minutes of debate, two and a half 33 (2½) for and two and a half (2½) against. The Senate shall stand 34 adjourned Saturday through Monday unless otherwise ordered by a 35 majority vote of the members present in statewide session. 36 B. 37 At various times as he or she deems necessary during the 38 session, the President Pro Tempore is authorized to make a motion 39 to provide for the convening of the Senate in statewide session for 40 the exclusive purpose of the introduction and referral of bills, 41 receipt of communications and committee reports and the reading 42 and passage of local legislation to which all members of an

1 [1] 1 1 affected delegation have given their consent for the bill to be taken 2 up, and to adjourn immediately thereafter. Any such motion shall 3 provide the specific dates during which the motion shall apply and 4 shall provide that the Senate must convene at 11:00 a.m. and 5 adjourn not later than 12:30 p.m. on each such day and such 6 motion must be made at least two (2) days prior to the beginning 7 of the period for which it applies. 8 9 RULE 2. 10 Quorum 11 A majority of the total number of Senators qualified shall 12 constitute a quorum. 13 14 Quorum Call of the Senate 15 If at any time during the daily session of the Senate it is 16 ascertained that there is not a quorum present, no business shall be 17 in order except a call of the Senate, an order to send for absentees, 18 (as provided for in Rule 3B), a motion to recede for a fixed period 19 of time or to a time certain, or a motion to adjourn. Each of the 20 foregoing motions shall be of equal standing and none shall have 21 priority over the others. 22 23 RULE 3. 24 Attendance, Duties and Obligations of Senators 25 A. 26 Any member or officer of the Senate who shall absent himself or 27 herself from the service of the Senate, without leave of the Senate 28 first obtained, shall forfeit his or her subsistence while so absent. 29 The Clerk shall maintain a record of those members present on 30 each statewide legislative day. 31 B. 32 Notwithstanding the provisions of Rule 14 or any other Rule of 33 the Senate, at any time during a session when the presence of 34 absent members is required, the Senate, by majority vote of those 35 present shall authorize the Sergeant-at-Arms to send for the absent 36 members who have not been granted leave. In case a less number 37 than a quorum of the Senate shall convene, the members present 38 are hereby authorized to send the Sergeant-at-Arms or any person 39 or persons by them authorized for any or all absent members, as 40 the majority of such members present shall agree. This rule shall 41 apply to the first convention of the Senate each year at the legal 42 time of meeting and to each day of the session after the hour to 43 which the Senate stood adjourned has arrived. When provisions of

1 [1] 2 1 this Rule are invoked then the outer doors of the antechamber shall 2 be secured and any member within the confines of the chamber 3 and antechamber shall be counted for the purpose of determining a 4 quorum. A motion to invoke or repeal Rule 3B may be made at 5 any time when a quorum of the Senate is present or not present and 6 must be voted on after no more than five (5) minutes of debate, 7 two and a half (2 ½) for and two and a half (2 ½) against. 8 9 RULE 4. 10 Majority and Minority Party: Seating 11 A. 12 Prior to the commencement of the session, the members of the 13 Senate in each party shall select a leader of their respective party 14 and employ such staff as the members of the respective parties feel 15 appropriate. The leader of each respective party shall serve as 16 either the Majority or Minority Leader of the Senate. For purposes 17 of these Rules, the majority party shall be the party at the opening 18 of the session who has at least fifty (50) percent of the vote in the 19 Senate plus one. In the event that the membership of the Senate is 20 equally divided, the party affiliation of the President will decide 21 the majority party. The majority party shall be determined at the 22 opening of the session and shall remain the majority party for the 23 duration of these Rules. 24 B. 25 During the opening session, the majority party leader shall pick 26 his seat in the Chamber first. The Minority Leader shall then pick 27 his seat in the Chamber on the opposite side. The reading clerk 28 shall then call the roll of the Senate by seniority and each member 29 shall then select a seat in the Chamber. The front two rows on the 30 side of the Chamber selected by the majority leader are reserved 31 for the most senior majority party members; the front two rows on 32 the side of the Chamber selected by the minority leader are 33 reserved for the most senior minority party members. 34 35 RULE 5 36 Journal of the Senate 37 The Journal of the Senate shall be prepared and printed daily by 38 the Clerk. Any Senator shall have the right to demand the reading 39 of that portion of the Journal of the previous day containing an 40 error or omission and to move to correct any such errors or 41 omissions after debate of no more than five (5) minutes for and 42 five (5) minutes against. The Clerk must annually compile and 43 publish a permanent Journal of the proceedings of the Senate.

1 [1] 3 1 In the publication of the results of a roll call vote, the Clerk shall 2 cause an asterisk to be placed in the Journal beside the name of a 3 Senator reported in the Journal as voting on a question who in fact 4 was not present in the Chamber at the time the vote was taken by 5 the Senate. The Clerk shall cause appropriate notation to be placed 6 in the Journal to indicate that an asterisk on a roll call vote means 7 that the Senator beside whose name the asterisk appears was not 8 present in the Chamber at the time the vote on the question was 9 taken. 10 11 RULE 6. 12 Which Senator Entitled to Floor 13 A. 14 When a Senator desires to speak, he or she shall rise and address 15 the President, and may not proceed until he or she is recognized. 16 When two or more Senators rise to speak at the same time, the 17 Senator who first addresses the President as determined by the 18 President shall have the floor and the President shall so announce 19 it. 20 B. 21 When a Senator raises a question of order, as provided for in 22 Rule 7, the President shall stop all other debate and allow the 23 Senator raising the question to explain the point of order subject 24 only to a superior question of order. 25 C. 26 Every Senator, when speaking, shall address the President, 27 standing in his or her place and when finished shall take his or her 28 seat. Senators, when addressing the Senate, may stand at their 29 desk or may go to the podium in the center aisle. 30 Except as otherwise provided in the Rules of the Senate, no 31 Senator may interrupt the Senator who has been granted the floor 32 without his or her consent. To obtain consent, he or she shall first 33 address the President. If a member wishes to present a question to 34 the Senator who has been granted the floor, he or she shall address 35 the President and gain recognition. Once recognized, the member 36 shall ask the President, “Does the Senator yield for a question?” 37 The President shall inquire of the member granted the floor “Does 38 the Senator yield?” If the Senator who holds the floor agrees to 39 yield, the President shall so instruct the Senator who wishes to 40 present the question. 41

1 [1] 4 1 RULE 7 2 A. 3 Question of Order 4 Appeal from President’s Decision 5 6 If a Senator in speaking, or otherwise, violates the Rules of the 7 Senate, the presiding officer shall, or any member may, by raising 8 a point of order, call him to order; and when a member is called to 9 order by the President or under a point of order, he or she shall sit 10 down and may not proceed without leave of the Senate, unless the 11 President takes the point of order under advisement. The President 12 may call for the Sense of the Senate on any question of order. 13 Every question of order must be decided by the President, without 14 debate, and Senators shall have the right to appeal the decisions of 15 the President to the full Senate. When the decision of the President 16 is appealed, the President Pro Tempore or his or her designee shall 17 preside and the President shall retire from the chamber during the 18 pendency of the appeal and the Senate’s debate and action on the 19 motion to appeal. The question before the Senate shall be “Shall 20 the ruling of the President be overridden?” and after two (2) 21 hours debate it shall be decided by a majority vote of the 22 membership. 23 B. 24 Introduction of Visitors and Guests 25 When a member wishes to introduce a visitor, guest or family 26 member, he or she shall first gain recognition from the President 27 and shall limit his or her introduction and associated remarks to 28 not more than two minutes. 29 If a visitor or guest in the Chamber or in the gallery engages in a 30 demonstration of approval or disapproval or creates a disturbance 31 which affects the decorum of the Senate, the Clerk and 32 Sergeant-at-Arms shall take those measures necessary to enforce 33 order. 34 35 Rule 8. 36 May Speak Twice in One Debate 37 No Senator shall speak more than twice in any one debate, on 38 the same day, without leave of the Senate. 39 Any Senator, who absents himself or herself for six (6) hours or 40 more from the Senate Chamber after due notice that Rule 3(B) has 41 been invoked, or is not present for two quorum roll calls which 42 are called more than two hours apart, forfeits his or her right to 43 speak for more than one hour on any matter pertaining to the Bill

1 [1] 5 1 being debated on that legislative day, unless granted leave by the 2 Senate to speak for a longer period, or unless such member obtains 3 a leave of absence from the Senate either before or after invocation 4 of the Rule. 5 6 RULE 9. 7 Endorsement of Papers 8 No Senator shall present any Bill, amendment or other paper, 9 without having first affixed his or her name to such Bill, 10 amendment or other paper. A member who is granted leave to 11 place material on the desks of other members, and who is not the 12 author of or who has not signed the material, shall affix his or her 13 name to a copy of the material and forward that copy to the Clerk 14 prior to distribution of the material. No notice shall be required of 15 a member of his or her intention to introduce a Bill or Resolution. 16 Any member may introduce Bills or Resolutions which shall be 17 received by the Senate staff whether or not the Senate is in session. 18 A member may co-sponsor any Bill or Resolution with the 19 permission of the primary sponsor, provided, that co-sponsors shall 20 not be added after a Bill or Resolution has been introduced. Bills 21 and Resolutions so received shall be periodically referred by the 22 President of the Senate to the appropriate committee or committees 23 which may then consider them at such times as the committee 24 meets. Any matter acted upon favorably by any committee may be 25 reported out by the committee when the Senate reconvenes and 26 need not thereafter be sent to any committee but shall then be 27 ready, upon compliance with other Rules of the Senate, for second 28 reading consideration. 29 The Clerk of the Senate shall establish procedures to notify the 30 Senate membership on a monthly basis of Bills and Resolutions 31 introduced during periods when the Journal is not printed. 32 All Bills received prior to the first day of the convening or 33 reconvening of the General Assembly shall receive first reading on 34 the first day of the session. 35 36 RULE 10. 37 Committee Reports, How Made 38 Reports must be separately made on each Bill or Resolution and 39 shall be signed by the Chairman or such Senator as the Chairman 40 may designate. 41 No Bill or Joint Resolution may be polled out of a Standing 42 Committee until all of the committee members present are notified 43 and polled and a majority of the entire membership of the

1 [1] 6 1 committee votes in favor of polling the legislation out. The poll 2 results must be certified by the Committee Chairman who must 3 certify that each member of the committee was notified and given 4 an opportunity to vote and a written copy of the results must be 5 given to the Clerk to be published in the Journal. 6 Notwithstanding the provisions of Rule 33 and unless otherwise 7 ordered by the Senate, when the annual General Appropriation Bill 8 or any reapportionment bill is received by the Senate to be placed 9 on the calendar, it shall be placed in a position under the masthead 10 of the calendar as the first order of business to be taken up each 11 day immediately following the conclusion of the call of the 12 Uncontested Local and Statewide Calendar. 13 14 RULE 11. 15 Writing and Withdrawal of Motions 16 When a motion is made, with the exception of motions made 17 under Rule 14, it must be reduced to writing, if desired by any 18 member, delivered at the desk, and read before the same is voted 19 up or down; provided, however, that the request to have a motion 20 reduced to writing shall not cause the mover of such motion to lose 21 the floor. Any motion may be withdrawn by the mover at any time 22 prior to being put before the body. Thereafter, it may be 23 withdrawn only with the unanimous consent of the Senate. No 24 motion may be made concerning a matter which has gone out of 25 the possession of the Senate except a motion to recall, and if the 26 same should prevail, the Clerk shall send an appropriate message 27 requesting a return of the matter, and when returned shall be 28 placed in the box. 29 30 RULE 12. 31 Motion to Reconsider 32 No motion for the reconsideration of any vote shall be in order 33 unless the matter is in the possession of the Senate, nor shall any 34 motion to reconsider be in order unless made within the next two 35 statewide legislative days of the actual session of the Senate 36 thereafter, and by a Senator voting with the prevailing side. A 37 motion to reconsider may be made immediately after the act or 38 motion to which it applies has occurred, during the motion period, 39 during the time between the call of orders of business, or during 40 the time the bill or resolution is being debated. 41

1 [1] 7 1 RULE 13. 2 Points of Personal Privilege and Expressions of Personal 3 Interest 4 Any member may rise to a point of personal privilege provided 5 that a point of personal privilege shall be defined as questions 6 affecting the rights, reputation and conduct of members of the 7 body in their representative capacity. 8 A point of personal privilege must relate to persons as members 9 of the body or relate to charges against the character of a member 10 which charges, if true, would affect the rights of membership. 11 A member rising to a point of personal privilege must confine 12 his or her remarks to those matters which concern the member 13 personally and has only the right to defend himself or herself and 14 no other persons. 15 All other remarks made by a member shall be regarded as an 16 expression of personal interest and when a member is recognized 17 for an expression of personal interest, such remarks shall in all 18 cases be limited to not more than five (5) minutes. 19 20 RULE 14. 21 Privileged Motions 22 When a question is under debate, no motion shall be entertained, 23 unless otherwise provided for in the Rules, but 24 1. To adjourn 25 2. To adjourn to a date and time certain 26 3. To recede for a fixed period of time or to a time certain 27 4. To appeal a decision of the Chair 28 5. To go into Executive Session 29 6. To take up order of the day 30 7. To continue 31 8. To lay on the table 32 9. To adjourn debate to a certain day or to adjourn debate 33 10. To carry over 34 11. To strike out the enacting clause 35 12. To commit 36 13. To reconsider 37 14. To amend 38 which several motions may only be made by the Senator having 39 the floor and shall have precedence in the order in which they are 40 above arranged, and the first ten (10) of which shall be determined 41 without debate. A motion to lay an amendment on the table being 42 agreed to shall not have the effect of disposing of the main 43 question.

1 [1] 8 1 Provided, however, when a Bill is under debate, a motion to 2 carry over may be made by the Senator having the floor, with such 3 Senator retaining the floor on that Bill upon an affirmative vote of 4 twenty-six (26) members of the Senate. Provided, that when a Bill 5 is under debate and a motion to carry over is made pursuant to a 6 majority vote of the Rules Committee for a carry over motion, the 7 Senator having the floor shall retain the floor on that Bill upon a 8 majority vote of those members present and voting. No motion to 9 carry over, either by the Senator who has the floor or by the Rules 10 Committee as provided herein, shall be in order for any Bill in the 11 status of Interrupted Debate for less than twenty-four (24) hours. 12 The failure of a motion to carry over by an individual Senator or 13 by the Rules Committee shall not cause the member who has the 14 floor to lose the floor. 15 When a motion to adjourn debate is passed, the Bill to which it 16 applies is subject to consideration on the next legislative day that 17 the Senate reaches that order of business. When a motion to 18 adjourn debate to a date certain is passed, the Bill to which it 19 applies is not subject to consideration until the date so specified, if 20 the Senate reaches that order of business. If the Senate does not 21 reach that order of business, the Bill remains in adjourned debate 22 status. 23 A motion to ratify acts may be made by any Committee 24 Chairman at any time and must receive a majority vote of the 25 membership of the Senate. 26 Whenever a member who has been recognized and properly 27 holds the floor makes a motion relating to any business, matter or 28 other question before the Senate, such motion shall require a 29 majority vote of those voting unless otherwise provided. If a 30 request is made to repeat or restate any such motion, it shall only 31 be repeated or restated by the member originally making the 32 motion. 33 34 RULE 15. 35 Fixing a Time Certain to Vote 36 A. 37 Except for any Reapportionment Bill, the debate on any Bill, 38 motion, or other matter which has been pending before the Senate 39 for a minimum of four (4) hours and the time such Bill, motion, or 40 other matter pending shall be voted upon may be fixed by a vote of 41 twenty-eight (28) members of the Senate. Notwithstanding the 42 provisions of Rule 14 or any other rule, such motion may be made 43 after the time period provided for herein has elapsed and may be

1 [1] 9 1 made by any member and shall not be subject to amendment or 2 debate. 3 Except as otherwise provided by a motion adopted under the 4 provisions of Section C of this rule, when the time for a vote 5 arrives, as set under this rule, the Senate shall proceed to a 6 consideration (seriatim) of the amendments on the desk and upon 7 disposition of all amendments, proceed immediately to a vote on 8 the main question. Opponents and proponents of an amendment 9 shall be granted an equal amount of time in the discretion of the 10 presiding officer, not to exceed twenty (20) minutes. 11 Except as otherwise provided by a motion adopted under the 12 provisions of Section C of this rule, when a motion to fix a date or 13 time certain has been agreed to, the Clerk of the Senate, at that 14 time, is prohibited from receiving any future or further 15 amendments to the pending matter unless the Clerk certifies that an 16 amendment is necessary to correct some technical error or 17 omission or conform the language of an amendment to an action of 18 the Senate taken previous to the consideration of the amendment. 19 B. 20 Notwithstanding the provisions of Rule 14 or any other Rule of 21 the Senate, when any Reapportionment Bill has been under debate 22 for two statewide legislative days, the President shall immediately 23 recognize any Senator for the purpose of a motion to bring the 24 debate to a close. Upon being made, the President shall at once 25 state the motion and submit to the Senate by a yea and no vote the 26 question: 27 “Is it the Sense of the Senate that the debate shall be brought 28 to a close?” 29 And if that question shall be decided in the affirmative by 30 twenty-eight (28) members of the Senate, then said measure 31 pending before the Senate, or unfinished business, shall be the 32 unfinished business of the Senate to the exclusion of all other 33 business until disposed of. 34 Thereafter, no Senator shall be entitled to speak in all, more than 35 one hour on the measure, pending before the Senate, or the 36 unfinished business, the amendments thereto, and the motions 37 affecting the same, and it shall be the duty of the Presiding Officer 38 to keep the time of each Senator who speaks. After no more than 39 forty-six hours of consideration of the measure, motion, or other 40 matter on which cloture has been invoked, the Senate shall 41 proceed, without further debate on any question, to vote on the 42 final disposition thereof to the exclusion of all other matters. 43 C.

1 [1] 10 1 Except for any reapportionment Bill and notwithstanding the 2 provisions of Rule 14, the President Pro Tempore or his or her 3 designee or the next most senior senator of the majority party if the 4 President Pro Tempore is absent shall have the right to make a 5 motion to establish a schedule for a future date and time for the 6 vote on any Bill, motion or other matter which is in the status of 7 Interrupted Debate, Adjourned Debate or Special Order. The 8 motion shall also establish the time when no further amendments 9 may be placed on the desk and the limitations on consideration and 10 debate of amendments and the main questions. Any such motion 11 shall not be subject to amendment or debate and must be adopted 12 by a vote of twenty-eight (28) members of the Senate and if 13 adopted, then the Bill, motion or other matter shall be the business 14 of the Senate on the date and time set, to the exclusion of all other 15 matters. 16 17 RULE 16. 18 Ayes and Noes--Vote of Absentees 19 Senators Present Must Vote 20 Unless a roll call of the Senate is ordered or a division is 21 ordered, the decision of the Senate on any question other than 22 unanimous consent shall be taken by all members voting “viva 23 voce”. When there is a request for a roll call on any question, and it 24 shall be required by five Senators, the question shall be decided by 25 the ayes and noes, and on taking the same, no Senator who is 26 absent when the affirmative and negative have both been put and 27 the result announced by the President, shall be allowed to vote 28 without leave of the Senate, and such vote, when allowed, shall not 29 affect the result and shall be recorded as provided for in Rule 5. 30 In taking the ayes and noes, and upon a call of the Senate, the 31 Senators present shall vote alphabetically or electronically. Under 32 the call of the ayes and noes every Senator present must give his or 33 her vote one way or the other unless excused by the Senate. 34 When the electronic voting system is used, the President shall 35 fix and announce the time, not to exceed two minutes, which shall 36 be allowed for voting on the question before the Senate. The 37 system shall be set to lock automatically and to record the vote 38 when that time has expired. Once the system has locked and 39 recorded a vote, the vote shall be displayed and printed by the 40 system. 41 The voting station at each Senator’s desk in the chamber shall be 42 used only by the Senator to whom the station is assigned. Under 43 no circumstances, shall any other person vote at a Senator’s

1 [1] 11 1 station. It is a breach of the ethical obligation of a Senator either 2 to request that another vote at the requesting Senator’s station, or 3 to vote at another Senator’s station. The President shall enforce 4 this rule without exception. 5 When the electronic voting system is used, the President shall 6 state the question and shall then state substantially the following: 7 “All in favor vote ‘aye’; all opposed vote ‘no’ _____ seconds will 8 be allowed for voting on this question; the Clerk shall record the 9 vote.” After the machine locks and records the vote, the President 10 shall announce the vote and declare the result. The result shall be 11 printed in the Senate Journal. 12 One copy of the machine printout of the vote record shall be 13 filed in the office of the Clerk where it will be open to public 14 inspection. 15 When the President ascertains that the electronic voting system 16 is unavailable or inoperative before a vote is taken or while a vote 17 is taken on the electronic system, the President shall announce that 18 fact to the Senate, and any partial electronic voting system voting 19 record shall be voided. In such a case, the names of the Senators 20 shall be called alphabetically. If, after a vote is taken on the 21 electronic system, it is discovered that a malfunction caused an 22 error in the electronic system printout, the President shall direct the 23 Reading Clerk and Clerk to verify and correct the printout record 24 and so advise the Senate. 25 Paired votes shall be recorded by the Clerk when authorized by 26 the members to be so recorded. The member casting the paired 27 vote must be present in the Chamber at the time of the vote in 28 order for the paired vote to be recorded. 29 30 RULE 17. 31 President to Vote When There is a Tie 32 When the Senate is equally divided on any question, the Clerk 33 shall take the decision of the President, who may assign the reason 34 of his or her vote. 35 36 RULE 18. 37 A Question May Be Divided 38 If a question in debate contains several points, any Senator may 39 have the same divided; but on a motion to strike out and insert it 40 shall not be in order to move for a division of the question; but a 41 rejection of a motion to strike out and insert one proposition shall 42 not prevent a motion to strike out and insert a different proposition, 43 nor prevent a subsequent motion simply to strike out; nor shall the

1 [1] 12 1 rejection of a motion to simply strike out prevent a subsequent 2 motion to strike out and insert. 3 4 RULE 19. 5 Standing and Special Committees of the Senate 6 The Standing Committees of the Senate shall be as follows and 7 shall have jurisdiction over legislation, appointments and other 8 matters which fall within the title or titles of the Code of Laws as 9 are herein below enumerated for each of the Committees: 10 Agriculture and Natural Resources - Titles 39, 46, 47, 48 (land 11 resources, soil & water conservation, mining, oil & gas, and 12 wetlands), and 49 13 Banking and Insurance - Titles 29, 34, 35, 37, and 38 14 Corrections and Penology - Titles 2 (community corrections), 15 and 24 16 Education - Titles 51, 59, and 60 (school governance & 17 structure at all levels) 18 Ethics 19 Finance - Titles 1 (matters relating to the State Budget and 20 Control Board only), 4, 5, 6 (bonding authority, taxation, 21 finances), 8 (employment standards, retirement, deferred 22 compensation), 9, 10, 11, and 12 23 Fish, Game and Forestry - Titles 48 (forestry, fire protection, sea 24 grants, soil & water conservation, and wetlands), 49, 50, and 51 25 General Committee - Titles 25, 39, 43, and 52 26 Invitations 27 Judiciary - Constitution, Titles 1 (except for matters relating to 28 the State Budget and Control Board), 2, 3, 4 (structure & powers), 29 5 through 8, 14 through 23, 26, 27, 28, 30, 32, 33, 36, 39, 42, 44 30 (drug related offenses), 53, 56 (criminal offenses), 58, 61, and 62 31 Labor, Commerce and Industry - Titles 6, 13, 31, 39, 40, 41, and 32 45 33 Medical Affairs - Titles 39, 40 (health care professionals), 43, 34 44, and 48 (pollution control, waste management, water & sewer) 35 Rules - Senate Rules, Joint Rules 36 Transportation - Titles 54, 55, 56, 57, and 58 (Regional 37 Transportation Authorities and railroads) 38 If there is any objection to the referral of any bill or resolution to 39 any Standing Committee, the Rules Committee shall hear the 40 same, resolve the issue and report to the Senate within one (1) 41 legislative day its decision which decision may be overruled by a 42 vote of twenty-nine (29) Senators.

1 [1] 13 1 It shall not be in order for any committee to consider any proposed 2 committee amendment (other than a technical, clerical, or 3 conforming amendment) which contains any significant matter not 4 within the jurisdiction of the committee proposing such 5 amendment. 6 (1) The membership of the above listed committees shall be as 7 follows: The Committees on Judiciary and Finance shall each 8 have twenty-three (23) members. All other standing Committees 9 except the Committee on Ethics and the Committee on Invitations 10 shall have seventeen (17) members. The Committee on Ethics 11 shall be composed of ten (10) members. Of the ten (10) members 12 selecting a seat, five (5) shall be members of the majority party 13 and five (5) shall be members of the minority party. The 14 Committee on Invitations shall be limited to not more than eleven 15 (11) members. The total membership of each Standing Committee 16 shall be composed of members of the two major political parties in 17 proportion to the number of Senators of each of such political 18 parties as nearly as possible and ensuring that the majority party as 19 defined in these Rules contains a majority of the membership 20 within each Standing Committee. The several committees shall 21 have such powers and duties as provided for in these rules. 22 (2) In addition to the above listed Standing Committees, there 23 shall be three (3) Special Committees to be known as the 24 Committee on Interstate Cooperation which shall be composed of 25 five (5) members, the Chairmen’s Committee to be composed of 26 the Chairmen of the fourteen (14) Standing Committees, and the 27 Operations and Management Committee selected by the President 28 Pro Tempore. The Chairman of the Chairmen’s Committee, 29 Interstate Cooperation Committee, and the Operations and 30 Management Committee shall in all cases be the most senior 31 senator of the majority party serving thereon or in his or her 32 absence the next most senior Senator of the majority party serving 33 thereon. 34 (3) Members of the Senate shall be limited to serve on not 35 more than five (5) Standing Committees. Membership on the 36 Committee on Ethics, the Committee on Invitations, the 37 Operations and Management Committee, the Chairman’s 38 Committee, and the Committee on Interstate Cooperation are not 39 included in limiting membership on Standing Committees. No 40 member shall chair more than one (1) Standing Committee but 41 may chair a Standing Committee and a Special Committee 42 concurrently.

1 [1] 14 1 (4) Members of the Senate shall make their committee 2 selections at the commencement of the session following the 3 election of Senators or in the case of a special election, at such 4 session designated for that purpose by the President Pro Tempore. 5 In the case of a special election, the President Pro Tempore must 6 call a session for the purpose of committee selections within three 7 statewide days after a Senator elected in a special election has 8 taken the oath of office. For the members to make their Standing 9 Committee selections, the Clerk of the Senate (or if the Clerk has 10 not been elected, the Clerk of the Senate during the preceding 11 General Assembly or an assistant clerk) shall prepare a roll of the 12 Senate listing the members in the order of length of continuous 13 service, beginning with the longest continuous service. Where two 14 or more members have equal continuous service they shall be 15 listed in alphabetical order. The Clerk of the Senate shall also 16 prepare a list of each Standing Committee and the number of seats 17 available to members of each party. The Clerk of the Senate shall 18 then call the roll twice in order of continuous service. Each 19 member, upon his or her name being called during the first call of 20 the roll, shall select four (4) unfilled Standing Committee on which 21 he or she wishes to serve (and shall also select at this same time a 22 seat on each or all of the Ethics, Invitations and Interstate 23 Cooperation Committees so long as a vacancy exists). When the 24 prescribed number of seats provided for a particular party within a 25 Standing Committee has been filled, the President shall announce 26 that the seats available for either the Majority or Minority Party are 27 filled. When the roll is called for the second time, it shall be called 28 in reverse order of continuous service and each member upon his 29 or her name being called, shall select one additional unfilled 30 Standing Committee on which he or she wishes to serve. In the 31 event any member is unable to be present for selection of Standing 32 Committees, that member may authorize in writing any member of 33 the Senate to make selections in his or her behalf. This procedure 34 shall be followed on the first day of the session following the 35 election of Senators and at any other session where a newly elected 36 member(s) is seated and the President Pro Tempore has made the 37 designation within the timeframe hereinabove provided. Any 38 Senator who served on a Standing Committee in the session 39 immediately past shall have the right to select such committee, 40 regardless of the Senator’s seniority in the Senate, unless the 41 Senator shall elect to be removed from such committee by the 42 choices made by the member during the first round of selection of

1 [1] 15 1 committees or unless the number of seats available to his 2 respective party have already been filled. 3 (5) Membership on the Judiciary Committee excludes 4 membership on the Finance Committee and vice versa. 5 (6) Except as otherwise provided herein, in the selection by 6 members of a seat on a Senate Standing Committee, the seniority 7 system shall be retained so as to become a part of these rules. 8 (7) Committee seniority shall be determined by tenure within 9 the committee rather than tenure within the Senate. When 10 members with seniority transfer to a new committee, their seniority 11 will be counted ahead of newly-elected Senators. 12 (8) Where two or more Standing Committees are combined, 13 initial membership on such committees shall be based on tenure 14 within the Senate. 15 (9) In the selection of the Chairman of the Standing 16 Committees, the senior member of the Committee from the 17 majority party as of January 5, 2001, in terms of seniority within 18 the Committee, shall be the Chairman of the Standing Committee. 19 The Chairman of the Standing Committee shall serve for the 20 quadrennium concurring with the term of the Senators adopting 21 theses Rules. If a vacancy occurs in the Chairmanship of a 22 Standing Committee, then the next most senior member of the 23 majority party, as of January 5, 2001, shall become Chairman of 24 the Committee for the remainder of the original term. However, a 25 Senator shall serve as Chairman of only one of the Standing 26 Committees. 27 (10) Should any Senator, during his term of office, cease to be a 28 member of the political party of which he was a member at the 29 time of his election, he shall not be deemed, thereby, to have 30 forfeited all Committee memberships to which he may have been 31 elected and shall not waive all seniority within each of the 32 committees of which he or she was member if a majority of the 33 caucus to which the member switches consents to that Senator 34 retaining his seniority within the Committees to which he was a 35 member at the time of his switch. No Senator elected as a 36 Chairman of a Standing Committee at the opening of a session 37 shall lose that Chairmanship even if a Senator switches parties and 38 because of that switch becomes the senior member of the majority 39 party on that Committee. 40 (11) Each Committee Chairman shall have necessary staff to 41 oversee the operation of the committee and its staff appointed by 42 the Committee Chairman and such Committee counsel, staff 43 assistants, and pages as the Chair of the Committee may deem

1 [1] 16 1 necessary. The number of positions and salaries of personnel 2 selected pursuant to this provision shall be subject to the approval 3 of the Operations and Management Committee. 4 (12) The Operations and Management Committee, through the 5 Clerk of the Senate and subject to the Committee’s approval, shall 6 oversee the day-to-day operation of the Senate including the 7 allocation of office space between members. The 8 Sergeant-at-Arms shall appoint such number of employees as 9 Assistant Sergeant-at-Arms, subject to the approval of the 10 Operations and Management Committee, as are necessary for the 11 proper transaction of the business of the Senate. 12 Each Senator, who is not a Committee Chairman, shall hire such 13 number of pages and other employees as is necessary for the 14 proper transaction of their legislative business. The Operations 15 and Management Committee shall determine the number and 16 salary ranges for these positions. All staffing decisions, including 17 the hiring and firing of all staff, unless otherwise provided herein, 18 shall be the sole responsibility of the affected Senator. However, 19 if an employee works for more than one Senator, then the decision 20 to hire and fire must be made by both of the affected Senators. If 21 an agreement cannot be reached regarding the hiring and firing of 22 an employee who works for more than one Senator, then the 23 Operations and Management Committee shall arbitrate the dispute 24 and render a decision which decision shall be final. 25 The Operations and Management Committee shall also oversee 26 the Office of Senate Research which shall provide assistance as 27 requested by Senate members and committees of the Senate. The 28 Operations and Management Committee shall appoint a majority 29 and minority research director and such other research counsel and 30 staff assistants as is necessary for the proper transaction of its 31 business. 32 (13) Matters shall be referred to a committee in accordance with 33 jurisdiction of the committee as hereinabove established, or to such 34 other committee as the Rules Committee may order by majority 35 vote on the motion of any member at the time the matter is before 36 the Rules Committee and subject to referral. 37 ( 14) Committees of conference and free conference between 38 the two Houses shall be comprised of three members. The 39 chairman of the committee with jurisdiction over the Bill which is 40 the subject of the request for appointment of conference committee 41 shall select one member; the Majority Leader of the Senate shall 42 select one member; and the Minority Leader of the Senate shall 43 select one member.

1 [1] 17 1 (15) The Chair of any Committee may appoint subcommittees to 2 consider a particular bill or resolution or to consider matters 3 relative to a portion of work of the Committee. Such 4 subcommittees shall make recommendations to the Committee. 5 The Chair of the full Committee shall name the chairman of the 6 subcommittee who need not be the senior member appointed to the 7 subcommittee. The total membership of a subcommittee shall be 8 composed of members of the two major political parties if 9 practicable. The Chair of the full Committee shall be an ex officio 10 member of all subcommittees and entitled to vote, but shall not be 11 counted as a member for purposes of a quorum. 12 (16) Time schedules for committee meetings. The following 13 schedule shall be the regular meeting times for Standing 14 Committees when the General Assembly is in session. The time 15 and date may be changed by the Chairmen’s Committee and any 16 additional or special meeting may be called only by individual 17 Committee Chairmen subject to the provisions of the Freedom of 18 Information Act. 19 Every Tuesday 3:00 p.m. - Finance and Judiciary 20 1st and 3rd Wednesday 9:00 a.m. - Education 21 10:00 a.m. - Fish, Game & Forestry 22 11:00 a.m. - Transportation 23 2nd and 4th Wednesday 9:00 a.m. - Medical Affairs and General 24 11:00 a.m. - Banking & Insurance 25 1st and 3rd Thursday 9:00 a.m. - Corrections & Penology, 26 Agriculture & Natural Resources 27 2nd and 4th Thursday 9:00 a.m. - Labor, Commerce & Industry 28 The Rules Committee, Ethics Committee, Chairmen’s 29 Committee, Interstate Cooperation Committee, and the Invitations 30 Committee shall meet at the call of the Chair. Provided, however, 31 that nothing herein shall prohibit the Chairman of a Standing 32 Committee from canceling a committee meeting. 33 The above listed dates refer to calendar weeks as opposed to 34 session weeks. The date, time and place of any called meetings 35 shall be reported to the Clerk of the Senate who shall post such 36 information in the lobby of the Gressette Senate Office Building 37 and the State House. Notice of regular scheduled meetings, as 38 well as called meetings, shall be posted in accordance with the 39 South Carolina Freedom of Information Act. 40

1 [1] 18 1 RULE 20. 2 Priority of Business not Debatable 3 All questions relating to the priority of business to be acted upon 4 shall be settled without debate. 5 6 RULE 21. 7 Bills May Be Recommitted 8 After commitment and report of a Bill to the Senate, or at any 9 time before its passage it may be recommitted by a motion to 10 recommit which can only be made when the matter is under debate 11 or by unanimous consent. 12 13 RULE 22. 14 All Bills Referred to Committees, and to Provide 15 for Recalling Bills From Committees 16 All Bills or Joint Resolutions when first read shall be referred to 17 the appropriate committees. After the expiration of five legislative 18 days from the date of reference, any Bill, or Joint or Concurrent 19 Resolution, except the General Appropriation Bill may be recalled 20 from any committee by a majority vote of the Senators present; 21 before the expiration of five days from the date of reference, any 22 Bill, or Joint or Concurrent Resolution may be recalled from 23 committee by the vote of three-fourths (3/4) of the Senators 24 present. 25 All Concurrent Resolutions which invite persons to address the 26 General Assembly in joint session shall be referred to the 27 Invitations Committee and shall only be voted on by the Senate 28 after they have been approved by a majority of the members of 29 such committee or the invitation discharged from the Committee 30 by a majority vote. The provisions of this paragraph shall not 31 apply to Concurrent Resolutions which invite, in the opinion of the 32 Chairman of the Invitations Committee, persons of national 33 prominence to address the General Assembly. However, such an 34 invitation must be approved by a majority vote of the Senate. The 35 Clerk is authorized to endorse Concurrent Resolutions expressing 36 congratulatory messages or sympathy without a reading. 37 38 RULE 23. 39 Printing 40 All Bills when placed on the Calendar shall be printed and 41 distributed to the Senators. 42

1 [1] 19 1 RULE 24. 2 A. 3 Clauses in Bill Must Be Germane 4 No clause shall be inserted in a Bill unless the same relates to 5 the specific subject of the Bill. The subject of the Bill shall be 6 defined as any matter falling within the ambit of the Title of the 7 Code of Laws expressed in the title of the Bill and which logically 8 falls within the specific subject matter as described in the title of 9 the Bill or which logically falls within the specific subject matter 10 as described in the Title of the Bill where no Title of the Code of 11 Laws is referenced. Matter which is germane to the subject of the 12 General Appropriation Bill and any Supplemental Appropriation 13 Bill shall be defined as those things which reasonably, specifically, 14 and inherently directly relate to the raising and spending of 15 revenue for or in the fiscal year for which the bill applies and do 16 not amend or suspend permanent law. 17 B. 18 Vote Requirement for General Permanent 19 Law Included in Appropriation Bills 20 Except for general and temporary provisions having force and 21 effect for a fiscal year and which deal directly with the 22 appropriation and expenditure of money, any part, section or 23 division or any amendment to any part, section or division of a 24 general or supplemental appropriation bill which amends, 25 suspends, adds or repeals a portion of the general permanent laws 26 of South Carolina not otherwise prohibited under subsection A, 27 may only be included upon a vote of two-thirds (2/3) of the 28 Senators present and voting. This requirement shall apply to all 29 such matter contained in the report of the Finance Committee and 30 shall be enforced on the question of the adoption of the report. The 31 vote may be taken on the report as a whole if the Senate agrees to 32 do so, however the question shall be divisible upon the request of 33 any Senator. Any part, section or division of any general or 34 supplemental appropriation bill which fails to receive the requisite 35 vote herein provided for, thereafter may only be included in any 36 conference report on any such bill upon the granting of free 37 conference powers. 38 39 RULE 25. 40 Bill by Committee 41 No Bill or Resolution shall be introduced in the name of a 42 Committee except with the approval of two-thirds (2/3) of the 43 members thereof at a duly called meeting of the Committee; and

1 [1] 20 1 the Chairman of the Committee shall certify thereon that this rule 2 has been complied with. 3 RULE 26. 4 A. 5 Second and Third Reading of Bills, Recommittal 6 and Notice of Amendment on Third Reading 7 The final question upon the second reading of every Bill, 8 Resolution, Constitutional Amendment (or motion originating in 9 the Senate), and requiring three readings previous to being passed, 10 shall be, “Shall it pass and be ordered to a third reading?” 11 B. 12 Notice of Amendment on Third Reading 13 No amendment shall be received on third reading of a Bill, 14 unless notice be given upon second reading, or unless unanimous 15 consent of the Senate be obtained. Any amendment or Bill 16 adopted on second reading may be further amended on third 17 reading, provided previous notice of general amendments has been 18 given. 19 C. 20 Amendments on Third Reading Debatable 21 Whenever an amendment is received on a third reading of any 22 Bill, Resolution, amendment, or motion, the same shall be 23 debatable. 24 D. 25 Motion to Commit Always in Order 26 It shall at all times be in order before the final passage of any 27 such Bill, Resolution, Constitutional Amendment, or motion, to 28 move its commitment; and should such commitment take place, 29 and amendment be reported by the Committee, the said Bill, 30 Resolution, Constitutional Amendment, or motion, shall be again 31 considered and read a second time. 32 E. 33 Fiscal Estimate Required Prior to Second Reading 34 Any Bill or Resolution affecting the expenditure of money by 35 the State shall, prior to receiving second reading, have attached to 36 it in writing such comment of the State Budget Office as may 37 appear appropriate regarding its effect on the finances of the State. 38 Any Bill or Resolution affecting the expenditure of money by 39 any county, municipality, school district, or special purpose district 40 within the State shall, prior to receiving second reading, have 41 attached to it in writing a statement by the Committee Chairman 42 that the passage of such Bill or Resolution may affect the revenue

1 [1] 21 1 of counties, municipalities, school districts, or special purpose 2 districts. 3 Failure to comply with the provisions of this rule does not limit 4 debate on such a Bill or Resolution prior to the question of second 5 reading. 6 F. 7 The provisions of this section shall not apply where the exact 8 amount of money to be spent or expended is clearly set out in the 9 Bill or Resolution. 10 11 RULE 27. 12 Presentation of Papers 13 Senators, when presenting petitions, memorials or reports, or 14 introducing Bills or Resolutions, may make a brief statement on 15 the subject matter of such report, Bill or Resolution as the 16 President in his or her discretion shall deem appropriate, or send it 17 to the President, when it shall be read by the Reading Clerk, unless 18 otherwise ordered. 19 20 RULE 28. 21 Message to the House 22 All messages to the House of Representatives shall be sent by 23 the Clerk, as required by the actions of the Senate. 24 25 RULE 29. 26 The Clerk Charged with Printing 27 The Clerk shall be charged with the duty of having executed, in 28 a proper and accurate manner, the printing ordered by the Senate 29 or provided in the Rules; provided, however, that notwithstanding 30 any other rule to the contrary, any Resolution which expresses 31 sympathy, congratulations or commendation shall be printed in the 32 Senate Journal by title only unless a member requests that the full 33 text of the Resolution be printed in the Journal. 34 35 RULE 30. 36 All Papers to Be Delivered to Clerk at Close of Session 37 At the close of every bi-annual session the members of the 38 Senate shall be required to hand in to the Clerk all petitions not 39 reported on, and all papers in any way appertaining to the 40 legislative business of the Senate, that the same may be regularly 41 filed in his or her office. 42

1 [1] 22 1 RULE 31. 2 Executive Sessions 3 When considering confidential or executive business the Senate 4 shall be cleared of all persons except the President, the Senators, 5 the Clerk of the Senate, the Reading Clerk, and the Assistant 6 Clerks designated by the Clerk of the Senate, the Sergeant-at-Arms 7 and Assistant Sergeant-at-Arms of the Senate. 8 All appointments made by the Governor and delivered to the 9 Senate shall be referred to such committee of the Senate in 10 accordance with the provisions of Rule 19 which are applicable to 11 the reference of bills. Such appointment shall be considered at the 12 next meeting of such committee or such other time as the 13 committee may determine. No report may be made on an 14 appointment unless and until the committee has held a screening 15 hearing and given the appointee an opportunity to appear before 16 the committee. A screening hearing or any portion of a screening 17 hearing, may be held in Executive Session only if allowed 18 pursuant to applicable provisions of law and upon the vote of 19 two-thirds (2/3) of the members of the committee. Any 20 information or material provided to or developed by the committee 21 in an Executive Session and any communications between a 22 Committee Chairman and the appointing authority must be held 23 confidential and only reported to the full Senate in Executive 24 Session. If a committee fails to make a report on an appointment 25 to the full Senate within two (2) weeks after a screening hearing, 26 then the Senate may recall the appointment in Executive Session. 27 Executive Sessions may be held on committee reports on 28 appointments pursuant to applicable provisions of law upon a 29 recorded vote of the membership. 30 Before going into Executive Session, the Senate shall vote in 31 open session on the question of whether to go into Executive 32 Session and the reason therefore. When a motion to go into 33 Executive Session is agreed to, the President shall announce 34 publicly the purpose or purposes of the Executive Session as 35 specified by the member making the motion. No final action may 36 be taken by the Senate in the Executive Session on appointments. 37 For the purpose of this Rule, ‘final action’ means a decision by the 38 Senate which constitutes a dispositive act regarding the 39 consideration of an appointment. No vote may be taken on a final 40 action in Executive Session, and the confirmation of appointments 41 must be voted on in open session. 42 When the Senate rises from an Executive Session and the report 43 of an Executive Session is received by the Senate, the final

1 [1] 23 1 question on every appointment shall be: “Will the Senate advise 2 and consent to this appointment?” Confirmation of statewide 3 appointments shall be by roll call vote unless otherwise agreed to 4 by unanimous consent. 5 Messages containing appointments may be published in the 6 Journal when received as other messages, and the fact that an 7 appointment has been made or that it has been confirmed or 8 rejected shall not be regarded as a secret. When considering 9 appointments in Executive Session, all information communicated, 10 or remarks made by a Senator concerning the character or 11 qualifications of the person appointed and any action or failure to 12 act on any appointment(s) required to be kept confidential by 13 applicable provisions of law shall be kept secret. 14 Other messages from the Governor pertaining to confidential 15 matters shall be subject to such secrecy or publication as the 16 Senate, in each instance, may order. 17 Any Member or Officer of the Senate who violates the secrecy 18 provisions of this rule shall be subject to the provisions of Rule 44 19 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of 20 Laws. 21 22 RULE 32. 23 Order of Business 24 1. Called to Order by the President 25 2. Prayer by the Chaplain 26 3. Pledge of Allegiance 27 4. Receipt of Communications 28 5. Introduction and reference of new Bills and Resolutions 29 6. Call of the Uncontested local Third Reading Calendar 30 7. Call of the Uncontested local Second Reading Calendar 31 8. Call of the Uncontested statewide Third Reading Calendar 32 9. Call of the Uncontested statewide Second Reading Calendar 33 10. Interrupted Debate 34 11. Motion Period 35 12. Adjourned Debate 36 13. Special Order 37 14. Call of the contested statewide Third Reading Calendar 38 15. Call of the contested statewide Second Reading Calendar 39 16. Call of the contested local Calendar 40 The order of business above provided for may be varied by vote 41 of three-fourths (3/4) of the Senators present and any order or 42 business already completed may be reverted to in any legislative 43 day by the vote of two-thirds (2/3) of the Senators present. A

1 [1] 24 1 motion to vary the order of the day shall be in order, prior to, or at 2 the completion of, any orders enumerated above or during the 3 motion period and any such motion shall be decided without 4 debate. 5 For the order of business designated as Interrupted Debate there 6 shall not be more than one (1) Bill in this status at any one time 7 provided however, that this limitation shall not apply to the 8 General Appropriation Bill. For the order of business designated 9 as Adjourned Debate there shall not be more than two (2) Bills in 10 this status at any one time and for the order of business designated 11 as Special Order there shall not be more than three (3) Bills in this 12 status at any one time. Provided that of the three (3) Special Order 13 slots, one (1) shall be reserved exclusively for Bills which are the 14 subject of motions authorized by the Rules Committee and made 15 by the Chairman of the Rules Committee or his or her designee. 16 The Bill occupying the slot reserved for Bills made Special Order 17 on motion of the Rules Committee shall have a unique notation to 18 call such status to the Senate’s attention. 19 20 RULE 33. 21 Motion Period and Special Orders 22 A. 23 During the motion period, any motion pertaining to the business 24 of the Senate may be made. When a motion is made to set a Bill 25 for Special Order, time shall be given to one proponent and one 26 opponent to speak on the motion. Such remarks shall be limited in 27 the discretion of the presiding officer provided, that no Bill may be 28 taken up during the motion period for the purpose of debating the 29 merits of the Bill or for the purpose of giving the Bill a reading. 30 Procedural motions shall be decided without debate; provided, that 31 procedural motions which present a main question, such as a 32 motion to recall, are subject to limited debate within such time 33 period as may be authorized in the discretion of the presiding 34 officer. 35 B. 36 During the motion period all motions to set a Bill or Resolution 37 for Special Order on a subsequent legislative day shall be in order 38 irrespective of whether the Bill or Resolution was given a reading 39 on the legislative day the motion is made. Said motions shall be 40 considered in the priority established by the recognition of the 41 Senators making said motions. Each such motion shall relate to a 42 separate Bill which shall have been on the Calendar for a 43 minimum of six statewide legislative days. Except for explanatory

1 [1] 25 1 remarks authorized in subsection A, such motions shall be 2 determined without debate and by two-thirds (2/3) vote of the 3 Senators present. Provided, that, when authorized in writing by 4 twelve (12) members of the Rules Committee and delivered to the 5 desk, a motion to set a bill for Special Order, shall require a vote of 6 a majority of the members present. At no time may the Special 7 Order calendar have more than one Bill which is set for Special 8 Order by a motion authorized by the Chairmen’s Committee. 9 During the motion period, no Bill or Resolution can be made a 10 Special Order ahead of Bills or Resolutions which have already 11 been placed in the status of Adjourned Debate. 12 If a Bill is set for Special Order on a date and/or time certain, 13 such Bill is not subject to consideration at the specified date and/or 14 time unless the Senate reaches that order of business or unless by 15 unanimous consent the Senate has agreed that consideration of the 16 Bill will be to the exclusion of all other matters pending before the 17 Senate at such time. 18 19 RULE 34. 20 Calendar of Continued Bills 21 When a bill is under debate, any Senator may move to continue 22 a matter as provided for in Rule 14, to the 2nd, or any special 23 session of the same General Assembly, and if the Senate agrees 24 thereto, the matter shall be continued only to the next regular 25 session unless otherwise specified in the motion. The Clerk of the 26 Senate shall make up a Calendar of all matters so continued, 27 placing the same thereon in the order in which they have been 28 continued. At the ensuing session the continued matters shall be 29 taken up and considered in the same stage in which they were 30 when so continued. Matters ordered to be placed in the General 31 Orders at the said ensuing session shall be placed there in turn and 32 have priority according to the last order for consideration made 33 upon them, and the Calendar shall be proceeded in as hereinbefore 34 provided. 35 36 RULE 35. 37 Admission to the Floor of Senate, 38 Granting the Privilege of the Floor 39 A. 40 No person shall be admitted to the floor of the Senate to that 41 area behind the rail while the Senate is in session or in recess 42 during a session, except as follows, viz: immediate family 43 members of a Senator; Members of the House of Representatives

1 [1] 26 1 and their Clerk and Sergeant-at-Arms; former members of the 2 Senate and House of Representatives unless such former member 3 is a lobbyist registered pursuant to the provisions of Chapter 17 of 4 Title 2 of the Code of Laws; a candidate or acting on behalf of a 5 candidate for an office elected by the General Assembly or 6 confirmed or elected by either the House or Senate; or a member 7 of the governing body or employee of any state agency or 8 department; the Governor and his or her Executive Secretary; 9 Constitutional Officers; Justices of the Supreme Court; President 10 and Vice-President of the United States; Members of Congress; 11 Governors of States and Territories; and such Senate staff, 12 Senators’ staff, no more than one member of the staff of each 13 Senate Caucus, and Lieutenant Governor’s staff, as the President 14 of the Senate or any Member or Officer of the Senate may see fit 15 to invite to a seat behind the rail. Members of the House of 16 Representatives and former Members of the General Assembly, 17 not subject to the foregoing limitations shall be allowed on the 18 floor of the Senate inside the rail. 19 Not less than two hours prior to the daily convening of the 20 Senate and while the Senate is in session or in recess during a 21 session no person, except those hereinabove enumerated, shall be 22 allowed beyond the outer doors of the Senate antechamber. 23 Persons not hereinabove enumerated may be admitted only to the 24 antechamber when accompanying a Senator, but any such person 25 is required to leave immediately upon conclusion of their business. 26 The Senate Cloakroom is reserved for the exclusive use of the 27 Members of the Senate and their guests. 28 B. 29 Any member who wishes to have the privilege of the area of the 30 floor behind the rail granted to a guest shall make such request, in 31 writing, to the Chairman of the Senate Invitations Committee not 32 less than two weeks prior to the date for which the request is made. 33 Upon affirmative vote of three-fourths (3/4) of the membership of 34 the Invitations Committee, the Chairman of the Committee is 35 authorized to grant access to the area behind the rail for a limited 36 period of time and with such conditions and limitations as the 37 Chairman and/or the Committee deems appropriate. If the number 38 of guests involved exceeds more than half of the maximum seating 39 capacity in the area behind the rail, then the committee shall direct 40 that these guests be seated in the balcony. No exceptions to this 41 Rule may be made. 42 Guests who are granted the privilege of the chamber behind the 43 rail may not approach the podium unless the written request so

1 [1] 27 1 specifies and the committee approves the request. A motion to 2 grant the privilege of the floor within the rail may only be made by 3 the Chairman or Vice Chair of the Invitations Committee. 4 Any request to grant the privilege of the floor to address the 5 body from the podium must be made in writing to the Chairman of 6 the Invitations Committee two weeks prior to the date for which 7 the request is made. Upon an affirmative vote of three-fourths 8 (3/4) of the membership of the Invitations Committee to grant such 9 a request, the committee must introduce a Senate Resolution to 10 that effect. The Senate must adopt this Resolution by majority 11 vote of the entire membership. 12 C. 13 The use of the Senate Chamber is restricted to statewide 14 sessions of the Senate or such other meetings of the Senate or its 15 committees as the Senate may, by Resolution, authorize. The use 16 of the Senate Chamber for meetings by outside groups or 17 individuals is limited to normal business hours on Monday through 18 Friday and is prohibited unless authorized by a vote of the Senate 19 upon a favorable recommendation of the Senate Invitations 20 Committee. Incidental use or visitation by individuals or group 21 tours may be authorized by the Clerk of the Senate. 22 23 RULE 36. 24 Places Assigned to Reporters 25 Reporters of public journals, upon application to the Clerk of the 26 Senate, shall be assigned such places for the execution of their 27 duties as shall not interfere with the convenience of the Senate. 28 Any reporter for whom such application is made shall, in addition 29 to the assigned places, be allowed free access to the Senate 30 Antechamber during the time the Senate convenes and adjourns 31 each legislative day. Reporters of the public journals shall be 32 allowed in the area behind the rail in specific locations as 33 designated by the Clerk of the Senate with the approval of the 34 Operations and Management Committee and are strictly prohibited 35 from conducting interviews whether or not initiated by a member 36 of the media or a member of the Senate. Still photographers, upon 37 application to the Clerk of the Senate, shall be granted access to 38 the floor, behind the rail, for the exclusive purpose of taking 39 photographs and upon completion of their assignment shall retire 40 from the floor. 41

1 [1] 28 1 RULE 37. 2 Bills Shall Receive Three Readings--Resolutions 3 and Committee Reports to Lie on Table One Day 4 Every Bill shall receive three different readings, on three 5 different days previous to its being passed, and the President shall 6 give notice of each, whether it be the first, second, or third reading. 7 All Resolutions to which the approval and signature of the 8 Governor may be requisite, or which may grant money out of the 9 contingent or any other fund, shall be treated in all respects, as to 10 introduction and form of proceedings on them in the Senate, as 11 Bills. All other Resolutions and Reports of standing, special, 12 conference and free conference Committees shall lie on the table 13 one statewide legislative day for consideration provided, however, 14 that during the six (6) statewide legislative days preceding the date 15 set for sine die adjournment the one day requirement as to a 16 specific Resolution or report of a committee may only be 17 suspended by a vote of twenty-seven (27) members of the Senate. 18 First and Third Readings by Title 19 The first and third readings of each Bill shall be by its title only; 20 provided, that on each second reading the Bill shall be read in full 21 on the demand of any Senator. 22 23 RULE 38. 24 Precedence of Motion to Refer 25 A motion to refer to a Standing Committee shall take 26 precedence over a motion to refer to a Special Committee. 27 28 RULE 39. 29 Printed Bills to Be on Desk One Day Before 30 Second Reading 31 No Bill or Joint Resolution shall receive a second reading unless 32 printed copies of the same shall have been laid on the desks of the 33 members at least one day previous to such reading. 34 35 RULE 40. 36 Title to Bills to Amend or Repeal Acts 37 Every Bill or Joint Resolution which shall propose the 38 amendment or repeal of any Section, Chapter or Title of the 39 General Statutes, or of any Act of Assembly or Joint Resolution, 40 shall in its title express the subject matter of such Section, Chapter, 41 Title, Act or Joint Resolution so sought to be amended or repealed. 42 Every Bill or Joint Resolution proposing to amend any Section or 43 Sections of any Chapter of the General Statutes, or of any Act or

1 [1] 29 1 Joint Resolution, shall give the full text of the said Section or 2 Sections, as it or they would read with such amendment or 3 amendments inserted therein. 4 5 RULE 41. 6 Broadcasts by Television and Radio 7 Broadcast media shall be allowed in the area behind the rail in 8 specific locations as designated by the Clerk of the Senate with the 9 approval of the Operations and Management Committee and are 10 strictly prohibited from conducting interviews whether or not 11 initiated by a member of the media or a member of the Senate. 12 The Operations and Management Committee shall have full 13 authority to regulate, supervise and fix times of broadcasts of the 14 proceedings of the Senate by radio or television and the most 15 senior senator serving thereon shall be the chairman. 16 17 RULE 42. 18 Jefferson’s Manual to Govern Other Cases 19 In all cases not embraced by the foregoing Rules, the Senate 20 shall be governed by such rules as are laid down in the 1801 21 version of Jefferson’s Manual of Parliamentary Practice. 22 23 RULE 43. 24 Suspending and Amending Rules 25 Any Rule of the Senate or severable portion of a rule of the 26 Senate may be suspended by unanimous consent of the Senate. 27 Without unanimous consent one day’s previous notice shall be 28 given of a motion to suspend any of the rules or severable portion 29 thereof. A motion to suspend shall require a vote of two-thirds 30 (2/3) of the membership of the Senate. 31 Any permanent amendment, rescission or repeal of any of the 32 Senate rules shall require a two-thirds (2/3) vote of the total 33 membership of the Senate. 34 The Clerk of the Senate shall have these rules recorded in a 35 permanent book which shall be kept at all times in the Senate 36 Chamber. All permanent changes in the rules after they have been 37 adopted shall be recorded in a Permanent Rule Book and certified 38 by the Clerk of the Senate. These rules shall remain in full force 39 and effect until 2004 at the conclusion of the terms for Senators or 40 until the Rules are amended, suspended, or repealed by a vote of 41 two-thirds (2/3) of the membership of the Senate prior thereto. 42

1 [1] 30 1 RULE 44. 2 Ethics Committee Procedures 3 (a) In the Senate there shall be a Committee on Ethics, 4 consisting of ten (10) members and the committee has the 5 following powers and duties: 6 (1) To receive complaints or charges from any citizen of this 7 State or member of the Senate against members, officers and 8 employees of the Senate concerning conduct alleged to be 9 unethical. Only sworn written complaints or charges may be 10 considered. 11 (2) To investigate such complaints and charges and, if 12 warranted, to report the results of such investigation to the Senate 13 with recommendations for further appropriate action as authorized 14 by law. 15 (3) Upon request of any member, officer, or employee of the 16 Senate to render advisory opinions with regard to legislative ethics 17 when, in their judgment, such opinions would serve the public 18 interest. 19 (4) To make available annually to the Senate a compilation 20 of the principles set forth in advisory opinions rendered. 21 (b) All papers, documents, complaints, charges, requests for 22 advisory opinions, and any other material required to be filed with 23 or received by the committee, and all such documents or materials 24 are to repose in the office of the Clerk of the Senate and as 25 necessary or appropriate are to be handled by the Clerk as strictly 26 confidential unless made public by the committee in a report to the 27 Senate. 28 All proceedings of the Ethics Committee are strictly confidential 29 and only those actions or decisions of the committee which it 30 authorizes may be disclosed or made public. Provided, that the 31 committee may vote to disclose certain confidential information to 32 the membership of the Senate in Executive Session and the 33 committee must disclose in Executive Session, any confidential 34 final determination or action of the committee as is necessary for 35 the members to make a fully informed vote on any matter before 36 the Senate. If a member or former member of the Senate is 37 appointed to an office which is subject to confirmation by the 38 Senate and an ethics complaint has been filed against such member 39 or former member before the receipt or during the pendency of the 40 appointment, then the Senate may not consider the appointment 41 until the Chairman of the Senate Ethics Committee notifies the 42 Senate and any appropriate Standing Committee, in Executive 43 Session, of the existence and nature of the pending complaint if the

1 [1] 31 1 committee after a preliminary investigation finds that probable 2 cause exists to support an alleged violation. 3 The rules of the Ethics Committee shall provide as a matter of 4 right that a certified copy of the sworn statement of charges against 5 a member must be given to him or her within ten days of the time 6 the statement of charges is received by the Chairman of the Ethics 7 Committee and that the accused member has the right to face and 8 cross-examine his or her accusers and the witnesses against him or 9 her at any hearing called by the Ethics Committee. Any hearing 10 on the merits of a complaint is confidential and must be held in 11 Executive Session unless the person charged requests a public 12 hearing in writing. The Ethics Committee must call a hearing if a 13 majority of the Ethics Committee feels that the charges have merit 14 or if the accused formally requests a hearing. 15 (c) In conjunction with the proceedings specified in Rule 44.1 16 of the Rules of the Senate, the President Pro Tempore, and the 17 Senate Ethics Committee on behalf of the entire Senate, may 18 receive: 19 (1) certified copies of any indictment or information for a 20 felony or offense against the election laws filed or returned against 21 any member of the Senate; 22 (2) certified copies of any plea of guilty or nolo contendere 23 to the felony entered by any member of the Senate; 24 (3) certified copies of any conviction of a member for the 25 felony; 26 (4) certified copies of any opinion, order, or judgment of any 27 court, state or federal, trial or appellate, relating to any of the 28 aforementioned matters; 29 (d) no member may vote on the question of his or her 30 expulsion from the Senate. 31 32 RULE 44.1 33 Rules Governing Actions Taken Against a Member 34 (a) If an indictment, information on a felony, or a warrant for 35 the offenses provided in Sections 7- 13-1920, 7-25-20, 7-25-40, 36 7-25-50, 7-25-60, 7-25-110, 7-25-120 and 7-25-150 of the Code of 37 Laws, is filed, returned, or issued against a member of the Senate, 38 the member indicted, charged or informed against may request the 39 President Pro Tempore to excuse the member, without pay, from 40 all privileges of membership of the Senate and the President Pro 41 Tempore shall comply with the request. 42 If the indictment, charge or information is either nol prossed or 43 dismissed, or if the member is found not guilty of the offense or

1 [1] 32 1 offenses charged or of lesser included offenses, the member may 2 immediately return to active Senate duties and shall be paid all 3 back pay and be restored to all other benefits and privileges 4 retroactive to the date the member was excused. 5 (b) A member who enters a plea of guilty or nolo contendere to 6 any offense listed in subsection (a) must be suspended by the 7 President Pro Tempore immediately, without a hearing and 8 without pay, from all privileges of membership of the Senate 9 through the remainder of that member’s term. In addition, the 10 Senate Ethics Committee shall recommend expulsion of such 11 member to the Senate and the Senate shall vote on the expulsion of 12 such member in accordance with Section 12 of Article III of the 13 Constitution of this State. 14 (c) A member convicted of any offense listed in subsection (a) 15 must be suspended by the President Pro Tempore immediately, 16 without a hearing and without pay, from all privileges of 17 membership of the Senate pending final appellate action or the end 18 of that member’s term, whichever occurs first. If no appeal is 19 taken by the member convicted, or if his or her appeal is denied, or 20 if the final appellate decision is to sustain the conviction and the 21 member’s resignation is not forthcoming, the Senate Ethics 22 Committee shall recommend expulsion of such member to the 23 Senate, and the Senate shall vote on the member’s expulsion in 24 accordance with Section 12 of Article III of the Constitution of this 25 State. 26 If the final appellate decision is to vacate the conviction and 27 there is a retrial or rehearing, the member is subject to the 28 provisions of subsection (a). If the final appellate decision is to 29 vacate the conviction and no charges for any offense listed in 30 subsection (a) remain against the member, the member is entitled 31 to restitution of back pay and restoration of all other benefits and 32 privileges of membership of the Senate retroactive to the date of 33 suspension. 34 (d) The action provided for in subsections (a), (b), and (c) of 35 this rule is in addition to other action authorized pursuant to 36 Article III, Section 12 of the Constitution or other Senate rule. 37 Pursuant to the Constitution and except as provided herein, a 38 member may not be disciplined, suspended, or expelled without a 39 vote of the Senate. 40

1 [1] 33 1 RULE 45 2 Selection of Senate Members for Committee to 3 Consider Qualifications of Candidates for 4 Offices Filled by Election by the 5 General Assembly 6 Whenever an election in Joint Assembly is to be held by the 7 General Assembly to fill offices which require election by the 8 General Assembly, the President of the Senate shall notify the 9 Chairman of the Standing Committee of the Senate which would 10 be most concerned with the office or offices to be filled by the 11 election, which Chairman shall thereupon appoint four Senators 12 from his or her committee to serve on the Joint Senate-House 13 Committee to consider qualifications of candidates to be elected. 14 The total membership of such a Committee shall be composed of 15 members of the two major political parties in proportion to the 16 number of Senators of each of such political parties as nearly as 17 practicable. All appointments to such joint committees shall be 18 recorded in the Senate Journal. 19 20 RULE 46. 21 Recorded Floor Proceedings 22 The Clerk may record on magnetic tape or similar device the 23 following proceedings on the floor of the Senate: 24 (1) Congratulatory remarks 25 (2) Speeches 26 (3) Points of Order and Rulings of the Chair regarding such 27 points and such other proceedings as the Clerk determines 28 necessary. 29 30 RULE 47. 31 Final Date House Legislation May Be Considered 32 Bills received after May 1 shall be received, read and referred to 33 the appropriate committee but are not eligible to be taken up until 34 the next regular session unless upon the report of such a bill by a 35 committee it receives a two thirds (2/3) vote of the membership of 36 the Senate to be placed on the calendar. Any bill failing to receive 37 the required vote shall be returned to the committee. The 38 committee report on any such bill received after the May 1 39 deadline shall clearly indicate that the bill had been received after 40 May 1 and is subject to this rule. 41 A Point of Order to enforce the provisions of this rule shall be 42 valid until the Bill which is the subject of the Point of Order is

1 [1] 34 1 printed and has been laid on the desks of the members in 2 compliance with Rule 39. 3 4 RULE 48. 5 Invitations 6 All invitations which are extended to the entire membership of 7 the Senate must be referred to the Committee on Invitations for its 8 consideration. The Senate may not accept any invitations to attend 9 functions (social or otherwise) which are to be held at a club or 10 organization which does not admit as members persons of all 11 races, religions, colors, sexes, or national origins. The committee 12 has the duty of determining whether or not the function is to be 13 held at a club or organization which does not admit as members 14 persons of all races, religions, colors, sexes, or national origins. 15 Individual Senators may attend functions at any club without being 16 censored or prejudiced in any manner. 17 The Invitations Committee shall adopt such procedures and 18 requirements as it deems necessary to ensure that persons or 19 organizations who extend invitations to the Senate have fully 20 complied with the provisions of Act 248 of 1991 (The Ethics, 21 Government Accountability, and Campaign Reform Act of 1991, 22 as amended). The committee shall make copies of any such 23 procedure available upon request. 24 25 RULE 49. 26 Condemnatory Resolution 27 No Resolution of a condemnatory nature shall be considered by 28 the Senate unless it has been sent to the appropriate committee at 29 least twenty-four (24) hours prior to such consideration. 30 31 RULE 50. 32 Vote Requirements 33 The question of granting of free conference powers and the 34 question of adoption of a free conference report shall require an 35 affirmative vote of two-thirds (2/3) of the membership of the 36 Senate. 37 On the question of an act returned from the Governor with his or 38 her objections, the presiding officer shall submit the following 39 question to the Senate: 40 “ Shall the act become law, the veto of the Governor to the 41 contrary notwithstanding?”

1 [1] 35 1 And if that question shall be decided in the affirmative by 2 two-thirds (2/3) of the members of the Senate present and voting, 3 then the Governor’s veto is overridden. 4 5 RULE 51. 6 Local Legislation 7 A. 8 The Clerk of the Senate shall prepare a list for each county of 9 the State the percentage of the population of that county that a 10 Senator represents. For general bills with local application, a 11 Senator’s vote shall be weighted based upon the percentage of the 12 population of the county that the Senator represents. 13 B. 14 No general bill with local application shall be introduced unless 15 personally signed by a Senator representing the county. No 16 general bill with local application may be moved from the local 17 uncontested calendar to the local contested calendar unless 18 approved by a vote of three-fifths (3/5) of the Senators who 19 represent the county as determined by their weighted voting 20 percentages. 21 C. 22 When a general bill of local application is on the uncontested 23 calendar, no further debate shall be allowed on the bill after no 24 more than thirty (30) minutes of debate, fifteen (15) minutes for 25 and fifteen (15) minutes against. 26 D. 27 For purposes of this Rule, when a general bill of local 28 application affects consolidation of school districts or 29 municipalities within a county, then that bill cannot be moved 30 from the local uncontested calendar to the local contested calendar 31 unless approved by a vote of three-fifths (3/5) of the Senators of at 32 least one of the affected school districts or municipalities. Upon 33 motion, the Clerk of the Senate shall prepare a list for each 34 affected school district or municipality the percentage of the 35 population of that school district or municipality that a Senator 36 represents. 37 38 RULE 52. 39 Personal Attacks on Senators not Permitted; Executive Session 40 A. 41 No Senator in debate shall, directly or indirectly, by any form of 42 words impute to another Senator or to other Senators any conduct 43 or motive unworthy or unbecoming a Senator.

1 [1] 36 1 B. 2 If any Senator, in speaking or otherwise, in the opinion of the 3 President transgresses this Rule the President shall, either on his 4 own motion or at the request of any other Senator, call him to 5 order; and when a Senator shall be called to order he shall 6 immediately take his seat, and may not proceed without leave of 7 the Senate, which if granted, shall be upon motion that he be 8 allowed to proceed in order, which motion shall be determined 9 without debate. 10 C. 11 Any Senator directed by the President to take his seat, and any 12 Senator requesting the President to require a Senator to take his 13 seat, may appeal from the ruling of the Chair, which appeal shall 14 be open to debate but only after the Senate has proceeded to 15 Executive Session. 16 17 RULE 53 18 President Pro Tem Emeritus: Ranking Member Emeritus 19 As soon as practicable after the adoption of these Rules, the 20 President Pro Tem shall appoint a President Pro Tem Emeritus and 21 a Ranking Member Emeritus. The President Pro Tem Emeritus 22 shall be the immediately preceding President Pro Tempore of the 23 Senate. The Ranking Member Emeritus shall be the most senior 24 member of the Minority Party. However, no member may be both 25 President Pro Tem Emeritus and Ranking Member Emeritus 26 simultaneously. The President Pro Tempore Emeritus and 27 Ranking Member Emeritus shall be provided appropriate office 28 space and staff if authorized by the Operations and Management 29 Committee. 30 ----XX---- 31

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