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Journal of the American Society of Legislative Clerks and Secretaries Journal of the American Society of Legislative Clerks and Secretaries Volume 13, Number 1 Spring 2007 Information for Authors ……………………………………..….. 2 Charles F. Reid The South Carolina Legislature’s Power Over Itself – Legislative Rules v. Statutory Laws …………………………….. 3 Anthony S. Marinac A Standing Committee System on the American Model - The Visit of James R Odgers to the US Senate in 1955, and its Implications for Parliamentary Democracy in Australia ….……. 10 Gary VanLandingham They Love Us. They Really Love Us – Factors Affecting Legislative Use of Policy Research ………… 25 Professional Journal Index ……………………………………… 34 Journal of the American Society of Legislative Clerks and Secretaries 2006-2007 Staff Editor: Hobie Lehman, VA Senate Assistant Coordinator of Committee Operations and Sergeant-At-Arms Vice Chair: Patricia Mau-Shimizu, HI House Chief Clerk Vice Chair: Crys Jones, AK House Records Supervisor Editorial Board Claire Clift (NV) Ginny Edwards (VA) Tara Perkinson (VA) Committee Members Dave Battocletti (OH) Scott Caffey (TX) Adam Crumbliss (MO) Yolanda Dixon (LA) Matt Landry (MA) Leslie McLean (UT) Bernadette McNulty (CA) Mary Phillips (NV) Ron Smith, II (LA) Britton Taylor (OR) Pattie Wehmeir (MO) Kathy White (MO) BetsyAnn Wrask (VT) Spring 2007 © JOURNAL OF THE AMERICAN SOCIETY OF LEGISLATIVE CLERKS AND SECRETARIES Page 1 INFORMATION FOR AUTHORS SUBMISSION The editor of the Journal of the American Articles should be submitted electronically Society of Legislative Clerks and Secretaries to: welcomes manuscripts which would be of interest to our members and legislative staff, Hobie Lehman, Editor including topics such as parliamentary [email protected] procedures, management, and technology. Articles must be of a general interest to the Photographs should be emailed in .jpeg or overall membership. .gif format or mailed flat with appropriate cardboard backing to: Contributions will be accepted for consideration from members of the American Hobie Lehman, Editor Society of Legislative Clerks and Secretaries, Committee Operations members of other National Conference of Senate of Virginia State Legislatures staff sections, and P.O. Box 396 professionals in related fields. Richmond, VA 23218 All articles submitted for consideration will Inquiries from readers and potential authors undergo a review process. When the Editorial are encouraged. You may contact the editor Board has commented, authors will be by telephone at (804) 698-7450 or email at notified of acceptance, rejection or need for [email protected]. Letters to the revision of manuscripts. The review editor are welcomed and will be published to procedure will require a minimum of four to provide a forum for discussion. six weeks. Two issues are printed annually – one in the spring and the other in the fall. STYLE AND FORMAT Specialized jargon should be avoided. Readers will skip an article they do not understand. Follow a generally accepted style manual such as the University of Chicago Press Manual of Style. Articles should be word processed in WordPerfect 8.0 or Word 2000, and double-spaced with one-inch margins. The Journal of the American Society of Number all references as endnotes in the Legislative Clerks and Secretaries (ISSN order in which they are cited within the text. 1084-5437) consists of copyrighted and Accuracy and adequacy of the references are uncopyrighted material. Manuscripts the responsibility of the author. accepted for publication become the property of the American Society of Legislative Authors are encouraged to submit a Clerks and Secretaries. All rights reserved. photograph with their article, along with any Reproduction in whole or part without charts or graphics which may assist readers permission is strictly prohibited. in better understanding the article’s content. Page 2 © JOURNAL OF THE AMERICAN SOCIETY OF LEGISLATIVE CLERKS AND SECRETARIES Spring 2007 The South Carolina Legislature’s Power Over Itself - Legislative Rules v. Statutory Laws Charles F. Reid Clerk of the South Carolina House of Representatives I. Introduction caucuses from FOIA. The Attorney General wrote: During the 2006 legislative session a conflict arose between the We point out that courts in South Carolina media and the South other jurisdictions have Carolina House of Representatives concluded that a legislative rule concerning legislative caucuses exempting caucuses from FOIA (Democratic and Republican Caucuses) is within the power of either and the South Carolina Freedom of branch of the Legislature Information Act, SC Code Section 30-4- pursuant to its authority to make 10, et seq. (“FOIA”). The media claimed rules under the Constitution. See legislative caucus meetings were required also, Culbertson v. Blatt, 194 to be open to the public at all times S.C. 104, 9 S.E.2d 218, 220 because: (1) the House of Representatives (1940) (“… it is not within provided office suites and equipment the power of this Court to rent-free to legislative caucuses, and (2) a impinge upon the exercise by the meeting of sixty-three members of the Legislature of a power vested in House Republican Caucus constituted a that body …”); Op. S.C. Atty. majority 124 member South Carolina Gen., November 15, 1976 (“The House of Representatives. A long public South Carolina Courts have debate ensued, and two members of the recognized that the power of the South Carolina House of Representatives House of Representatives to asked the South Carolina Attorney determine the rules of procedure General for an opinion as to whether is absolute and beyond FOIA required legislative caucus challenge of any other body or meetings to be open to the public. tribunal if the rule adopted does not ignore constitutional On May 19, 2006, the South restraints or violate fundamental Carolina Attorney General issued his rights, and there is a reasonable opinion and stated that legislative relation between mode or caucuses in the South Carolina House of method of procedure established Representatives were probably subject to by rule and result which is FOIA. But, the Attorney General also sought to be obtained.”) Citing, stated that the House of Representatives, State ex rel. Coleman v. Lewis, pursuant to Article III, Section 12, of the 181 S.C. 10, 186 S.E. 625 South Carolina constitution, could adopt (1936). Based upon these a House rule exempting legislative authorities, if such a rule Spring 2007 © JOURNAL OF THE AMERICAN SOCIETY OF LEGISLATIVE CLERKS AND SECRETARIES Page 3 exempting caucuses from FOIA does the legislature’s constitutional were to be adopted by the authority to establish its own rules of House, it is probable that our procedure supercede conflicting statutes? courts would defer to such rule pursuant to Art. III, Section 12 II. South Carolina’s History of of the South Carolina Legislative Rule-Making Constitution (“Each house shall … determine its rules of The legislative power to make procedure…”). (emphasis rules of procedure is firmly rooted in added) parliamentary law, United States constitutional law, and South Carolina’s In response to the Attorney constitutional law. Since 1790 the South General’s opinion, and as a result of Carolina constitution has included continued pressure from the South language allowing the House and Senate Carolina media to open all legislative to determine their rules of procedure. caucus meetings to the public, on January The current constitution states: 17, 2007, the South Carolina House of Representatives adopted an amendment 1 Each house shall choose its to House Rule 4.5. The amendment own officers, determine its rules expressly exempts legislative caucuses of procedure, punish its from the Freedom of Information Act— members for disorderly thereby clearly allowing caucus meetings behavior, and, with the to be closed to the public. Subsequently concurrence of two-thirds, expel the South Carolina media has repeatedly a member, but not a second time denounced the amended rule and has for the same cause. S.C. Const. threatened, both privately and publicly, to art. III, section 12. (emphasis file a lawsuit challenging the rule. added) This conflict between the South State ex rel. Coleman v. Lewis, Carolina media and legislative caucuses 181 S.C. 10, 186 S.E. 625 (1936) is over FOIA exemplifies a broader issue South Carolina’s preeminent case that has affected legislatures throughout concerning the legislature’s authority to the United States. In recent years, the establish rules of procedure.2 In Coleman South Carolina General Assembly and the South Carolina Supreme Court was other state legislatures have enacted asked whether the constitution allowed statutes affecting or mandating legislative the House of Representatives to procedures and operations. The practice reconsider an earlier vote sustaining a of using statutes to establish legislative gubernatorial veto. The Court held that procedures raises issues—most often in House Rules, as authorized by Article III, the application of “Sunshine Laws”, Section 12, of the South Carolina “Open Meetings Acts”, or, as in the case constitution, governed the question and of South Carolina, the “Freedom of stated: Information Act”. Ultimately, regardless of the subject in conflict, the pertinent The Constitution empowers questions are whether one legislature may each House to determine its statutorily bind a future legislature and rules and proceedings. Neither Page 4 © JOURNAL OF THE AMERICAN SOCIETY OF LEGISLATIVE CLERKS AND SECRETARIES Spring 2007 House may by its rules ignore several Attorney General
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