Short Title: Statute Clarification Act. (Public)

Sponsored by: Senator FABRICIUS.

First Reading: August 23, 2000. Version Date: January 24, 2001.

Referred to: Committee on Government Operations.

BE IT ENACTED by the NC State University Student Senate that:

Section 1. Student Body Statutes §1-1, shall amended by adding the following:
"(d) A Student in Good Standing is any student of the university who is not under any academic penalty or probation, including Academic Suspension, or under any form of judicial probation, suspension, or expulsion."

Section 2. Student Body Statutes §1-2, shall amended by inserting "All Student Government Officials shall be students in good standing at the time of their appointment or election, and shall remain such their entire term in office." after "at any one time," so that §1-2 reads, up the alphabetical list:
"§1-2. Qualifications for Student Government Officials; dual office holding prohibited.
All Student Government Officials shall be chosen from the Student Body at large, provided that they have not been prohibited from service following removal from office. The Student Body Auditor, as an exception, shall be chosen from any internal or external source as deemed appropriate by the Student Body President. No Student Government Official may serve in more than one Student Government Office at any one time. All Student Government Officials shall be students in good standing at the time of their appointment or election, and shall remain such their entire term in office. In addition to these and any other requirements in the Student Body Constitution, the following special qualifications shall apply:"

Section 3. Student Body Statutes §1-2(a), shall amended by striking "at least six (6) months" and inserting "at least a majority of scheduled Student Senate meetings in any given year" so that §1-2(c) reads:
"(a) The Student Senate President shall have served for at least a majority of scheduled Student Senate meetings in any given year as a Student Senator;

Section 4. Student Body Statutes §1-2(c) shall be struck:
"(c) The Student Body Chief Justice shall have served at least six (6) months on a Judicial Board or as a Judicial Assistant, and shall meet any other criteria outlined in the Procedures Manual of the Code of Student Conduct."

Section 5. Student Body Statutes §2-1.Rule 3(a), shall amended by inserting "and excluding all ex-officio members of the Senate." after "all qualified senators" so that §2-1.Rule 3(a), reads:
"(a) Quorum. A quorum of the Senate shall consist of a simple majority of all qualified Senators, and excluding all ex-officio members of the Senate. It shall be in order as a privileged request for any Senator to ask that the roll be called to establish the presence of a quorum. In the absence of a quorum, the President shall, at his or her discretion, be empowered to immediately declare the Senate to be adjourned, in recess, or dissolved into the Committee of the Whole Senate."

Section 6. Student Body Statutes §2-1.Rule 8(b), shall amended by striking "in the case of a tie" and inserting "even in case of a tie. Questions resulting in tied votes lack majority support and are lost." so that §2-1.Rule 8(b), reads:
"(b) Voting rights of President. The President shall no vote, even in the case of a tie. Questions resulting in tied votes lack majority support and are lost."

Section 7. Student Body Statutes §2-1.Rule 9(b), shall amended by inserting, "The Chair of a committee shall be considered a full voting member of the committee, with the exception of the Student Body Treasurer, who shall have no vote on the Finance committee." After "day of the Spring semester," so that §2-1.Rule 9(b) reads:
"(a) Committee Chairs. The President shall appoint one Senator to serve as Chair of each standing committee no later than the last regular class day of the spring semester. The Chair of a committee shall be considered a full voting member of the committee, with the exception of the Student Body Treasurer, who shall have no vote on the Finance committee. The Chair of each committee shall serve at the discretion of the President."

Section 8. Student Body Statutes §2-1.Rule 10(a), shall amended by striking "government funding for higher education," as follows:
"(a) Committee on Academics. The Committee on Academics shall be responsible for policies regarding academic reform, University academic policy, evaluation of professorships and courses, government funding for higher education, calendar issues, library operations, physical education, and the NC State Bookstores. The Committee on Academics shall affect liaison with the Faculty Senate Academic Policy Committee, the office of the Provost, the Teaching Effectiveness and Evaluation Committee, the Committee on Undergraduate Education, the Department of Registration and Records, and the NC State Bookstores."

Section 9. Student Body Statutes §2-1.Rule 10(e), shall amended by inserting "except those dealing with University funding" after "formulating policies" so that §2-1.Rule 10(e) reads:
"(e) Committee on Government Operations. The Committee on Government Operations shall be responsible for reviewing amendments to the Rules of the Senate, these Statutes, and the Student Body Constitution; formulating election procedures; formulating policies, except those dealing with University funding, regarding bodies of governance, including the North Carolina General Assembly, the Raleigh City Council, the University of North Carolina Board of Governors, and the NC State University Board of Trustees; evaluating the nature of Senate absences; and reviewing personnel matters, including conducting investigations regarding the impeachment of Student Government Officials, pursuant to the Student Government Code of Ethics. The Government Operations committee shall affect liaison with student judicial boards, the College Councils, the Elections Board, and the Department of Student Development. The committee shall be composed of at least five (5) members."

Section 10. Student Body Statutes §2-1.Rule 10(f), shall amended by adding "The Committee on University Affairs shall provide a Senate liaison to the Department of Public Safety," so that §2-1.Rule 10(f) reads:
"(f) Committee on University Affairs. The Committee on University Affairs shall be responsible for policies concerning the Department of Public Safety, the Physical Plant Division, parking and transportation, campus planning, construction, buildings, and grounds, the Student Health Services, the Student Legal Services, the Counseling Center, University Dining, environmental protection, and the implementation of Nightwalk. The Committee on University Affairs shall provide a Senate liaison to the Department of Public Safety."

Section 11. Student Body Statutes §2-1.Rule 12(b), shall amended by inserting, "Committee reports take effect immediately upon being filed." after "limited or extended," so that §2-1.Rule 12(b) reads:
"(b) Committee Reports. Committees may, upon completing their deliberations, report legislation to the Senate by a simple majority vote of the committee. Such a report shall be submitted in electronic form by the Chair of the committee in the manner prescribed by the President to him or her and to the Student Government Office Administrative Assistant, and may include recommendations for the Senate consideration of the legislation, including requests that the closed rule on amendments be invoked or that debate be limited or extended. Committee reports take effect immediately upon being filed."

Section 12. Student Body Statutes §2-1.Rule 14, shall amended by adding a part (e), "(e) Legislative expiration. Upon adjournment sine die of a session, all legislation not definitely disposed of by the Senate is to be considered postponed indefinitely and can only be brought up in a new session by reintroduction." so that §2-1.Rule 14 reads:

"Rule 14. Legislation Generally.

Section 13. Student Body Statutes §2-1.Rule 16, shall amended by inserting after part (a), "(b) Incidental motions. Immediately after first reading, the President shall recognize any Senator wishing to make an incidental motion relating to the pending legislation, including points of order and objections to consideration." so that §2-1.Rule 16 reads:

"Rule 16. First Reading of Legislation, Fast-Tracking, and Referral to Committee.

Section 14. Student Body Statutes §2-1.Rule 17(d), shall amended by striking "fifteen (15) minutes," and inserting, "ten (10) minutes," so that §2-1.Rule 17(d) reads:
"(d) Motion to invoke the closed rule for amendments. Any Senator may move that no motion to amend legislation be in order for a given item of legislation except by unanimous consent, provided that he or she has submitted his or her intent to make such a motion to the Senate via electronic mail at least twenty-four (24) hours prior to the meeting at which the legislation is to receive its second reading. This procedure shall be known as "invoking the closed rule for amendments". After the President has stated the question on the adoption of legislation, but before debate begins, the President shall recognize the Senator for the purpose of moving to invoke the closed rule. The motion to invoke the closed rule shall be debatable for a period not to exceed ten (10) minutes, and shall require the consent of a two-thirds majority of the Senate."

Section 15. Student Body Statutes §2-2, shall amended by striking cases of "elected official" in §2-2.1(a), §2-2.1(b), §2-2.1(c), §2-2.2, §2-2.3, §2-2.5, and §2-2.8; and inserting, "Student Government Official."

Section 16. The terminology within Student Body Statutes §2-3 shall be modified from referring to a "Appointment Committee" to a "Fall Appointments Commission."

Section 17. Student Body Statutes §2-3.7(b), shall amended by striking "on the second Monday in September, and shall be due no more than seven (7) class days later;" and inserting, "no later than the first Tuesday in September, and shall be available for at least ten (10) days;" so that §2-3.7(b) reads:
"(b) application materials shall be made available to eligible students no later than the first Tuesday in September, and shall be available for at least ten (10) days;"

Section 18. Provisions within Student Body Statutes §3-2 regarding the SG webmaster shall be struck and the section renumbered. The following section shall be added to SBS chapter 3:
"§3-6. Student Government Webmaster; Associate Webmasters. The President shall, with majority confirmation by the Senate, appoint a Student Government Webmaster to serve the Student Government as an entity independent of all branches and organizations of the Student Government. In addition, each branch of the Student Government shall be responsible for providing Associate Webmasters, in a manner deemed appropriate by each branch, to assist the Student Government Webmaster in his/her duties. The Webmaster shall be responsible for coordinating with the Associate Webmasters in maintaining a presence for all branches of the Student Government on the World Wide Web, including the posting of all materials deemed appropriate by each branch, as well as all appropriate documents. These documents shall include, at minimum, the Student Body Constitution, the Student Body Statutes, the most recent versions of all legislation before the Senate or the President, the voting records of the Senate, directories of serving Senators and Executive Branch officials, and all current calendars and journals of the Senate. Before any Webmaster develops any web program or set of programs, he or she shall negotiate a license agreement for his or her program(s) with the Student Body Treasurer. Additional responsibilities may be prescribed by amendment to these Statutes, or by the request of the presiding officer of any branch of the Student Government."

Section 19. Student Body Statutes §3-2(c), shall amended by striking "the Student Body Comptroller (SBS §1-2(b) and §5-20) and any other staff" and inserting, "any staff, other than the Student Body Comptroller, " so that §3-2(c) reads:
"(c)The Treasurer shall appoint any staff, other than the Student Body Comptroller, he or she deems necessary without the approval of the Senate."

Section 20. Student Body Statutes §3-3, shall amended by striking "(a) Should any of the Executive Offices become vacant, the President shall appoint a qualified student (SBS §1-2) to fill the office, subject to the approval of a two-thirds (2/3) majority of the Senate."

Section 21. Student Body Statutes §3-3(b/a), shall amended by inserting "(iii) the Student Government Webmaster (SBS §3-6)," so that the section reads:
(a) The President shall appoint (i) the chairs of special Student Government committees, (ii) the Student Body Auditor (SBS §5-25), (iii) the Student Government Webmaster (SBS §3-6), and (iv) the Elections Board and its chair (SBS §7-2), subject to the approval of a simple majority of the Senate."

Section 22. Student Body Statutes §3-3, shall amended by adding "(b) The President and the Treasurer shall appoint the Student Body Comptroller (SBS §1-2(b) and §5-20), subject to the approval of a two-thirds vote of the Senate."

Section 23. Student Body Statutes §5-20, shall amended by striking "(SBS §3-2(c)) shall be appointed by the Treasurer" and inserting, "shall be appointed by the Treasurer and the President per SBS §3-3(b)" so that §5-20 reads:
"§5-20. Student Body Comptroller; administration of Budget.

Section 24. Student Body Statutes §8-7, shall amended by striking the word "of" between "Board" and "shall."

Section 25. This act shall become effective upon its enrollment, at such time an action taken by the Senate in possible contraction to old statute but allowed under the revision shall be considered ratified.

Section 26. A revised copy of the Student Body Statutes shall be distributed to all Senators at the first Senate meeting after this act’s enrollment.