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Floor Operations Manual

North Carolina State University

Student Senate

 

First Online Edition

January 2001

 

 INTRODUCTION

Senator Erich M. Fabricius

Chairman, Committee on Government Operations

Senator Gary D. Palin

Chairman, Committee on Academics

It was a maxim [I] had often heard when [I] was a young man, from old and experienced Members, that nothing tended more to throw power into the hands of administration, and those who acted with the majority of the House of Commons, than a neglect of, or departure from, the rules of proceeding; that these forms, as instituted by our ancestors, operated as a check and control on the actions of the majority, and that they were, in many instances, a shelter and protection to the minority, against the attempts of power.

-Sir Arthur Onslow

To be effective, an assembly must be knowledgeable of its rules, and to some degree, the purpose for their creation. However, it is very difficult for most members of our body to quickly and effectively learn the standing rules of the Student Senate.

Our goal in writing this floor manual is to provide a concise reference to our rules, and the most fundamental parliamentary procedure behind them. This manual is not intended to replace a Senator's understanding of the standing rules of the Student Senate, but merely to serve as a convenient reference.

It is our hope that this document will be updated as needed, and serve as a reference for future sessions of Student Senate.

Erich M. Fabricius

Gary D. Palin

January 2001 

TABLE OF CONTENTS

  1. Fundamentals of Deliberative Assemblies
  2. Order of Business
    1. Approval of the journal of the previous meeting;
    2. Receipt of petitions and other correspondence addressed to the Senate;
    3. Reports of the Officers;
    4. Reports of Senate Standing Committees, in alphabetical order;
    5. Reports of Senate Select Committees, in alphabetical order;
    6. Senators’ Speeches;
    7. Approval of appointments of Senators and other Student Government Officials;
    8. Election of Senate Officers
    9. Veto Messages from the Student Body President;
    10. First Reading of legislation;
    11. Motions to fast-track;
    12. Referrals to committee;
    13. Second Reading of legislation;
    14. Miscellaneous Business;
    15. Informal Business;
    16. Senators’ Speeches.
  3. Legislation
    1. Types of Legislation
    2. Sponsorship of Legislation
  4. Motions on the Senate Floor
    1. Motions Generally
    2. Precedence of Motions
    3. Other Notable Motions
  5. Debate
    1. Decorum of Debate
    2. Lengthen of Debate

1. Fundamentals of Deliberative Assemblies

The Student Senate is an elective assembly with a membership represented proportionally from the several colleges. As such, there is a requirement for a basic set of rules so that Senate can conduct its business in fair and equitable manner. As a small legislative assembly, with needs more complex than a typical student organization, but also with different needs and situations than full-time assemblies, Senate has seen fit to adopt its own set of rules.

However, these rules are not all encompassing, but instead cover some of the unique characteristics of how Senate conducts business, while maintaining a firm footing in traditional parliamentary procedure. Parliamentary procedure is designed to protect four groups in an assembly:

  1. Majority
  2. Minority
  3. Individual Member
  4. Absentee

The introduction of the concept of protection of groups in an assembly begs for an explanation of the logic behind this protection. The most important of these protections is the protection of the majority. For if the majority is not protected, the will of the assembly could not be effected, and business would be very difficult to conduct. Nearly as important is the protection of a sizable minority. The reasoning behind this is that it is vital to effective representation that all sides of an issue are heard. The protection of the rights of the individual member protects the right of a member to participate and effectively represent their constituents. The fourth protection of parliamentary procedure is the protection of the absentee. The absentee is protected so that all members of the assembly are protected in their right to participate. This is most often achieved through rules requiring notice for certain actions.

2. Order of Business

In order for Senate to operate efficiently and uniformly, the standing rules provide for an order in which the Senate goes about its meetings. Not all items in the order of business will occur in every meeting of the Senate. An explanation of each item of business that may be considered by Senate is an excellent way to understand much of what happens in a Senate meeting.

  1. Approval of the Journal of the Previous Meeting
  2. The Senate keeps a journal, more commonly referred to as minutes, of its actions and the deliberations of the assembly. In order to insure that the minutes are an accurate record of the actual proceedings, all minutes must be approved by the Senate. In order for this to occur, a motion is made that the minutes be approved. This simply means that the Senate wishes to discuss and correct the minutes. After all corrections are made, the minutes may be approved by a majority of the Senate.

  3. Receipt of Petitions and other Correspondence addressed to the Senate.
  4. This general period serves a multitude of purposes. There are three primary uses of this time period. The first is when the President may recognize any students in the rear of the chamber to announce to Senate any concerns they may have. The second use of this period is when the President schedules a guest speaker. This is often used when a member of the University Administration presents information about a particular aspect of the university, such as transportation, that may be of interest to the entire Senate. The final use of this period is for the receipt of any formal, written, petitions and letters to the Senate, including letters of resignation by Student Government Officials.

  5. Reports of the Officers
  6. At this time where the Student Body Officers (Student Body President, Student Body Treasurer, Student Senate President, and Student Chief Justice), and in addition the student Senate President Pro Tempore give their reports. These reports should be merely summaries of the written reports that each officer prepares. Also, the officers may make important announcements at this time.

  7. Reports of Senate Standing Committees
  8. At this juncture the chairs of standing committees, or their designees, report on the actions of their respective committee since the last Senate meeting. In addition, many chairs will include information about subjects under consideration of the committee at future meetings.

  9. Reports of Select Committees
  10. If the Senate or the Senate President has appointed a select committee, this is the period where the chair reports in same manner as a standing committee.

  11. Senators' Speeches
  12. This is the period where a senator may make a speech, typically an announcement, which may not exceed one minute. The entire period is limited to 15 minutes. This is an excellent time to provide reasoning behind a motion you plan to make later in the meeting, if that motion is not debatable.

  13. Approval of Appointments of Senators and other Student Government Officials.
  14. This is the first period where the Senate takes action, as opposed to hearing reports and announcements. During this period new senators are approved to fill vacated or freshman seats, and confirm appointments of Student Government Officials requiring the consent of the Senate. Typically the nominee speaks, is asked questions, and then the merits of the nominee are debated by the Senate. Secret ballot is generally used on votes for new Senators.

  15. Election of Officers
  16. The Senate elects officers during this period, at the beginning of the session, after fall appointments, and whenever an office may be vacant. The President opens the floor for nominations, and any Senator may nominate another. The nominees for an office generally speak for a short time, are asked questions, the merits of the nominees are debated upon, and a final vote then occurs by secret ballot.

  17. Veto Messages from the Student Body President
  18. If the Student Body President has vetoed an act of the Senate he/she will present the reasons for the veto at this time. If the Senate so desires, the veto may be overridden by a two-thirds majority of the Senate.

  19. First Reading of Legislation
  20. The Senate President will place on the agenda any new acts of legislation which have been submitted via e-mail to the Senate President and Heather Griswold. To be on the agenda all legislation must be submitted by the 9am Monday deadline. First reading simply consists of the President reading the title of the legislation.

  21. Motions to Fast Track
  22. In certain rare instances, legislation of an extremely time sensitive nature, may undergo a procedure known as fast tracking. A senator wishing to do so must notify the Senate 24 hours prior to the meeting at which the legislation is to be introduced. If two thirds of the Senate supports the motion to fast track, the legislation is considered for second reading at the meeting.

  23. Referrals to Committee
  24. At this time in the meeting the president will refer each bill to committee. The bill is not debated at this time, however all senators are encouraged to attend the committee meeting if they wish to discuss the bill before it returns to the floor of the Senate.

  25. Second Reading of Legislation
  26. This is the primary period of business for the Senate. In the order that they appear on the agenda, the merits of each bill are debated on the floor of the Senate. Prior to the debate, the committee report is presented, followed by a period of question and answer, if needed.

  27. Miscellaneous Business
  28. This is a period where Senate considers miscellaneous motions, approval of non-legislative items (e.g. Fall Finance Packet), and other business that does not fall elsewhere on the agenda. It is recommended that if you intend to make a motion during this period, that you notify the Senate President prior to the meeting.

  29. Informal Business
  30. This is a period that is seldom used, but potentially can be a powerful tool for informal consideration of items. Notice must provided to the Senate President at least 24 hours before the meeting. No decisions of the Senate made during this period can in any way be considered Student Government Policy.

  31. Senators' Speeches
  32. This is the period where a senator may make a speech, typically an announcement or comment, which may not exceed one minute. This is an excellent time to comment on any pertinent issues of concern to the whole Senate.

3. Legislation

  1. Types of Legislation
  2. There are 2 main types of legislation, bills and resolutions.

    1. Resolutions

      A resolution is a formal statement of the opinion of the student body, as expressed by the Student Senate. It contains resolved clauses that state the actual opinion and a preamble consisting of whereas clauses which supports that which is being resolved. When a resolution is adopted and signed by the Student Body President, the official, signed copy, of the resolution is mandated to the individual or group that the resolution pertains to.

    2. Bills

      A bill is a type of legislation that enacts changes to the Student Body Statutes or providing for the appropriation of the Student Body Funds. A bill changing the Student Body Statutes is known as a government bill, a bill appropriating funds is known as an appropriations bill, and a bill proving funds for a specific occurrence is known as a program bill.

  3. Sponsorship of Legislation
  4. Any Senator, or group of Senators, may sponsor a piece of legislation. It is strongly encouraged that when composing legislation that you consult with people knowledgeable on the subject matter. e.g. If you are writing a piece of legislation concerning the Board of Trustees, it is advisable to consult the Student Body President, as he is a member of that body.

4. Motions on the Senate Floor

  1. Motions Generally
  2. In a deliberative assembly, such as the Senate, a motion is the tool to begin discussion of a topic. For example, one could make a motion to amend a bill, take a recess, or even to go home. Legislation is a specialized form of a motion (see Section 3). A motion is made by standing and addressing the chair and stating, "Mr. President I move …" In most cases, another Senator must second a motion for it to be considered. Certain rules govern when motions can be made, and if you have questions on the topic, it is recommended that the Parliamentarian be consulted.

  3. Precedence of Motions
  4. Rules of precedence govern when particular motions are allowed. Motions of higher precedence can be made while motions of lower precedence are on the floor. The following table is listed in order of highest to lowest precedence.

    1. to adjourn;
    2. to recess;
    3. questions of privilege;
    4. to lay on the table;
    5. the previous question;
    6. to limit or extend debate;
    7. to postpone to a time certain;
    8. to refer to committee;
    9. to amend;
    10. to postpone indefinitely;
    11. main motions.

    1. Adjournment

      A motion to adjourn, if agreed to by a majority of Senate, ends the meeting immediately, following a roll call for attendance purposes. This motion is not debatable.

    2. Recess

      A motion to recess, if agreed to by a majority of Senate, causes an intermission in the Senate meeting. When made, the motion to recess includes a length of time for the recess. This motion is debatable, except when business is pending.

    3. Questions of Privilege

      Questions of privilege are divided into two main categories: questions of personal privilege and questions of privilege of the assembly. Questions of personal privilege are the more common form, and include concerns about the temperature in the chamber or inability to see or hear the chair or other Senators. An example of questions of privilege of the assembly is inquiring as to the presence of a quorum.

    4. Lay on the Table

      A motion to lay on the table, if agreed to by a majority of Senate, temporarily sets aside an item of Senate business until a majority of the Senate takes it from the table. This motion is not debatable. This motion should not be used to kill business. (see postpone indefinately)

    5. Previous Question

      A motion calling the previous question, with the consent of 2/3 of the Senate, has the effect of ordering an immediate vote on the pending business. It can only be made on items of legislation after two thirds of the time allotted for debate has expired. This motion is not debatable.

    6. Limit or Extend Debate

      A motion to limit or extend Debate, if approved by 2/3 of the Senate, adjusts the amount of time to debate the pending question. This motion is not debatable.

    7. Postpone to A Time Certain

      A motion to postpone to a time certain, if approved by a majority of the Senate, takes an item of business and suspends consideration of it until the time specified by the motion. When this time arises the business automatically comes up for consideration. This motion is generally debatable.

    8. Refer to Committee

      A motion to refer to committee, if approved by a majority of the Senate, takes an item of business and sends it to the committee specified by the motion. This motion is debatable.

    9. Amend

      A motion to amend is a powerful tool for revising any business to adequately reflect the will of the assembly. A motion to amend, if approved by a majority of the Senate, changes portions of the bill or motion currently under consideration. As an item of further confusion, amendments themselves can be amended. This is known as a secondary amendment. Luckily, our rules prohibit tertiary and greater amendments. Care must be exercised not to change the fundamental purpose of an article of legislation with amendments, as this is out of order. A request to amend by consent is typically referred to as a 'friendly amendment' or simply a 'friendly.' Amendments must be made in writing, in triplicate, and presented to the legislative secretary. Amendments are debatable if what is being amended is debatable.

    10. Postpone Indefinitely

      A motion to postpone indefinitely, with the approval of a majority of the Senate, effectively kills an item of business. The intended purpose of this motion is to vote down a bill, without having to vote against the merits of the bill. This motion is debatable.

    11. Main Motion

      A main motion is a vehicle to bring a new topic to the floor for consideration. All legislation is a form of a main motion. Other main motions would include motions to discharge from committee, take from the table, and to approve the minutes. Main motions are always debatable.

  5. Other Notable Motions
    1. Suspension of the Rules

      A motion of suspension of the rules, if approved by 2/3 of the Senate, seeks to override a specific rule of the Senate. If you are considering a suspension of the rules, it is highly recommended that you consult the parliamentarian. In most cases, it is preferable to avoid a suspension of the rules.

    2. Point of Order

      A senator may raise a point of order, without a second, that one or more of the rules of the Senate are being violated. This requires an immediate ruling by the chair, following a period of comment by Senators with knowledge regarding the matter.

    3. Reconsider

      The motion to reconsider seeks to set aside a vote previously taken on an item of business and to proceed as if the vote had never occurred. This motion is subject to extensive rules, and if you have questions on this matter, consultation with the parliamentarian is strongly advised.

5. Debate

  1. Decorum of Debate
  2. At all times debate should be courteous and respectful. At no time should a Senator question the motives of another Senator or Student Government Official, use offensive or vulgar language, or other terms deemed unparliamentary. Debate should at all times be relevant to the matter at hand, and Senators should attempt to avoid merely restating what has been said previously. At all times when speaking, Senators should both be standing and addressing the Chair. One should never directly refer to other Senators during debate.

  3. Length of Debate
  4. Debate in the Senate is generally divided into rounds of alternating positive and negative debate. Each round is five minutes long in most cases when legislation is being considered, other items have rounds 2 1/2 minutes long, and amendments have rounds slightly less than two minutes. It is tradition that if a senator wishes to speak in the positive the hand is raised open, if one wishes to speak in the negative, the fist is closed. No senator may speak more than twice on a particular issue.

Upcoming Meetings

Next Senate Meeting:
None scheduled.

Upcoming Meetings:
No meetings in next week

Changed Legislation
R 50 (Student Choice Act); Not Adopted by Senate
SB 60 (Senate Delegation Act); Enacted by Senate
GB 02 (Basic Qualifications Statue Removal Act); Expired in committee
GB 13 (Appropriations Request Act); Expired in committee
GB 14 (Constitutional Revision Act); Expired in committee
SR 15 (Constitutional Revision Rule Act); Expired in committee
R 17 (ASG Representation Act); Expired in committee
SR 25 (Fall Special Election Referenda Order); Expired in committee
GB 27 (Graduate Reapportionment Act); Expired in committee
GB 34 (First-Year Eligibility Act); Expired in committee
GB 37 (Representation by Character); Expired in committee
GB 38 (Board of Elections Act); Expired in committee
SR 47 (Hunter Impeachment); Expired in committee
R 54 (Minority Career Fair Act); Expired in committee
R 63 (Cooper Commendation Act); Expired in committee
SR 66 (R 65 Rule); Expired in committee
R 72 (Visitation Privileges Act); Expired in committee
R 73 (Declaration of W*A*R); Expired in committee
SR 75 (R 64 Rule); Expired in committee
PB 90 (Lawn Party Funds Allocation Act); Expired in committee
GB 95 (Appropriations Request Restructure Act); Engrossed
GB 87 (Treasurer Qualifications Act); Engrossed
GB 79 (General Punitive Powers Act); Engrossed
GB 76 (Appropriations Amendment Notice Act); Engrossed
Recent Reports

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