SENATE BILL 23

 

A BILL TO BE ENTITLED

An act to Simplify the Legislative Process by
Dissolving the Permanent Committee on Rules and Calendar and By Other Measures

 

 

BE IT ENACTED,            by the North Carolina State University Student Senate that:

 

Section 1.            Senate Rule 1(d) shall be struck:

 

(d)  Meetings at the call of the Committee on Rules and Calendar.  By an affirmative vote of five (5) members, the Committee on Rules and Calendar may schedule a meeting of the Student Senate at such time and date prescribed by the committee, provided that notice is given to all senators by electronic mail 72 hours prior to the scheduled Senate meeting. All Senators shall be notified by electronic mail at least 24 hours prior to the consideration of any motion to schedule a meeting of the Senate by the Committee on Rules and Calendar.

 

Section 2.        Senate Rule 3(b) Order of Business shall be amended by striking:

 

(7) Consideration of Special Rules.

(8) Consideration of Calendar Recommendations

 

and inserting

 

(7) Motions to fast-track appointments

 

Section 3.            Senate Rule 3(b) Order of Business shall be amended by inserting

 

(13) Motions to fast-track.

 

Section 4.        Senate Rule 3(c) Approval of the Journal shall be amended to read as follows:

 

(c) Approval of the journal. At the appointed time in the Senate meeting, the Secretary shall move the approval of the journal for any meeting that has undergone proper electronic review. The motion that the journal be approved shall be decided without debate and shall require a simple majority for approval. Electronic review shall proceed as follows:

(i)                   The Secretary posts online a draft of the journal by the Friday that is at least three days prior to the Senate meeting.

(ii)                 The Secretary notifies the Senate of the draft by electronic mail, accepting corrections, and, insomuch as practical, uploading revised drafts.

(iii)                A final draft copy of the journal shall be posted between thirty-six (36) and twenty-four (24) prior to the meeting of approval. Not withstanding further corrections, this draft becomes the official minutes on approval.

(iv)               Prior to the approval meeting, Senators shall be entitled to submit written corrections to their own remarks and motions, which shall be applied unless objected to by a two-thirds majority of the Senate.

The Secretary shall post an initial draft journal within five (5) class days of the close of a meeting. The Government Operations Committee shall consider cases of controversy concerning the journal, including overseeing its revision should it fail to receive approval.

 

Section 5.        Senate Rule 3(g) Consideration of Calendar Recommendations shall be struck:

 

(g) Consideration of Calendar Recommendations. At the appointed time, the President shall proceed through each recommendation from the Committee on Rules and Calendar to place an act of legislation on calendar for second reading or calendar for appointment confirmation. Such recommendations shall be decided without debate, and shall require a simple majority for adoption.

 

Section 5A.         Senate Rule 3(h) shall be amended to read as follows:

 

(h) Consent agenda.  At the appointed time, the President shall sequentially proceed through such acts of legislation that have been previously been placed on the consent agenda.  Such acts shall be considered adopted by quasi-consent, unless five (5) Senators rise in objection thereto.  All such acts so objected are immediately placed on the end of the calendar for second reading. 

 

Section 6.        Senate Rule 3(i) Informal Business shall be struck:

 

(i) Informal Business. Any Senator wishing to raise an issue for informal discussion by the Senate shall submit his or her intent to raise such an issue, and a brief statement of the issue to be raised, to the Committee on Rules and Calendar via electronic mail by noon of the Monday prior to the meeting at which he or she desires to raise the issue.  The Committee on Rules and Calendar shall consider the matter at its next meeting and place the matter on the Senate Calendar by an affirmative vote of three (3) members. At the appointed time, the President shall recognize the Senator raising the issue to state it briefly, and shall then recognize other Senators in turn, provided that the total time for each such discussion shall not exceed ten (10) minutes. No formal vote shall take place as a direct result of such a discussion, and it shall not constitute the formulation of Student Government policy.

 

Section 7.        Senate Rule 8(d) Votes by roll call shall be amending by striking “No roll call vote shall be in order on Senate Resolutions in nature of a special rule, however”.

 

Section 8.        Senate Rule 10(d) Committee on Government Operations shall be amended by inserting after “formulating election procedures” the text “considering amendments to the rules of the Senate, reviewing matters of controversy in Senate procedure”, so that the section reads:

 

(d) Committee on Government Operations. The Committee on Government Operations shall be responsible for reviewing amendments to these Statutes and the Student Body Constitution, formulating election procedures, considering amendments to the rules of the Senate, reviewing matters of controversy in Senate procedure, reviewing policies concerning College Councils, evaluating the nature of Senate absences, and reviewing personnel matters, including conducting investigations regarding the impeachment of Student Government Officials, in accordance with the Senate punitive powers. The Government Operations committee shall affect liaison with student judicial boards, the Board of Elections, and the Department of Student Development. The committee shall be composed of at least five (5) members.

 

Section 9.        Senate Rule 13. Permanent Committee on Rules and Calendar shall be struck:

 

Rule 13. Permanent Committee on Rules and Calendar.

 

(a) Membership of Committee on Rules and Calendar.  The Committee on Rules and Calendar shall be composed of the Senate President Pro Tempore, ex-officio, the Chairman of the Committee on Government Operations, ex-officio, and five at-large Senators.  The President Pro Tempore shall serve as chair of the committee, and the Chairman of the Committee on Government Operations shall serve as vice-chairman of the committee.

 

(b) At-large members of Committee on Rules and Calendar.  Three class days prior to the second Senate meeting of a session, the at-large members of the Committee on Rules and Calendar shall be appointed.  Two members shall be appointed by the Student Senate President Pro Tempore, and then three members shall be appointed by the Student Senate President. At-large members of the Committee on Rules and Calendar shall be subject to majority confirmation of the Senate, but may serve a maximum of one (1) meeting on a provisional basis prior to such confirmation. At large members of the Committee on Rules and Calendar may be removed for cause at any time by the original appointing official.

 

(c) Composition Restrictions of Committee on Rules and Calendar.  All members of the Committee on Rules and Calendar shall be Senators representing one of the several colleges, schools, or recognized programs.  At no time shall the Committee on Rules and Calendar be comprised of, including the Vice-Chair but excluding the Chair, more than:

(1)     Two (2) members of any given standing committee.

(2)     Two (2) standing committee chairmen.

(3)     Two (2) members of any given college, school, or recognized program Senate delegation.

 

(d) Meetings of the Committee on Rules and Calendar. The Committee on Rules and Calendar shall meet at the call of the Chair.  The Committee must meet the evening two days prior to any Senate meeting.  The Chair shall publish in electronic form the agenda for a given meeting at or before 1:00 PM on the day of a meeting of the Committee on Rules and Calendar.  Quorum of the Committee on Rules and Calendar shall be four (4) members.

 

 

Section 10.      Senate Rule 14. Duties of the Committee on Rules and Calendar shall be struck:

 

Rule 14. Duties of the Committee on Rules and Calendar.

 

(a) Special Rules for Consideration of Legislation.  The Committee on Rules and Calendar may compose a Special Rule, by majority vote, for consideration of any act of legislation, as defined by Rule 18  All such special rules shall be in the form of a Senate Resolution. 

 

(b) Placement of Legislation on Expedited agenda.  The Committee on Rules and Calendar may place, by majority vote, any act of Legislation, on the expedited agenda provided that it has received a committee report recommending Senate consideration. 

 

(c) Placement of Legislation on Calendar for First Reading. The Committee on Rules and Calendar may place, by majority vote, any duly filed act of legislation not already on calendar for first reading onto the calendar for first reading. Consistent with SBS §2-2, this clause shall not be applicable to punitive legislation. No legislation placed onto the calendar per this clause shall be subject to fast-track.

 

(d) Direct Placement of Legislation on Calendar for Second Reading. The Committee on Rules and Calendar may place, by majority vote, acts of legislation on calendar for second reading or calendar for appointment confirmation, in a given order of reading, provided that either:

(1)     the legislation has been reported by committee; or

(2)     the legislation is of the nature of an honorary Resolution and on calendar for first reading.

 

(e) Calendar for Second Reading Placement Recommendation. In cases where part (d) of this rule does not apply, the Committee on Rules and Calendar may, by majority vote, issue a recommendation that an act of legislation be placed on the calendar for second reading or calendar for appointment confirmation, in a given order of reading, provided that either:

(1)     the legislation is on calendar for first reading; or

(2)     the legislation is under review by committee, and the committee has not previously issued a report against consideration.

The Senate shall review such recommendations during the period of Consideration of Calendar Recommendations.

 

(f) Application of Five-Minute Rule on Amendments. The Committee on Rules shall be empowered to apply the five-minute rule on amendments, as defined by Rule 17A, by majority vote, to any act of legislation on calendar for second reading.

 

(g) Review of the Journal of the Senate. The Secretary shall file with the Committee on Rules and Calendar, at least twelve hours prior to their meeting, a draft copy of the journal for all meetings occurring at least five (5) calendar days beforehand and not yet approved by the Senate. The committee shall review the journal for accuracy and completeness, and shall make any needed corrections prior to recommending, by simple majority vote, that the Senate approve the journal. The Secretary shall revise and resubmit any journal not recommend to the Senate for approval.

 

(h) Consideration of Ordinary Business.  The Committee on Rules and Calendar shall be empowered to consider ordinary committee matters including referred legislation, referred business and matters of the committee’s own concern in accordance with all rules governing standing committees except those involving membership.

 

(i) General Committee Duties.  The Permanent Committee on Rules and Calendar shall be responsible for reviewing matters of controversy in Senate procedure, promulgating special rules, determining the composition of the expedited agenda, overseeing procedural education of the Senate with the assistance of the Parliamentarian, and advising the President and other Senate officers on Senate Rules outside of meetings of the Senate.

 

(j) Rules and Calendar Report. The Committee on Rules and Calendar shall submit a report of its actions by noon the day following its meeting. The chair shall specifically notify all Senators by electronic mail of all committee actions placing or recommending legislation for first or second reading by noon the day following the committee meeting.

 

Section 11.      Senate Rule 16(d) Consideration of legislation shall be amended by striking:

 

                        All reports recommending Senate consideration of legislation must be submitted no later than 9 o’clock AM the morning two (2) days prior to the day for which the meeting is scheduled, in order to be considered at that meeting.

 

Section 12.            Senate Rule 16. Committee Procedure shall be amended by inserting:

 

(e) Report of legislation. All reports recommending Senate consideration of legislation must be submitted no later than 9 o’clock AM the morning two (2) days prior to the day for which the meeting is scheduled, in order to be placed on calendar for second reading at that meeting by the President. It shall be in order as privileged motion to accept the committee report of legislation not already on calendar, thereby calendaring it, provided notice of the motion is transmitted to all Senators by electronic mail twenty-four (24) hours prior to the meeting. Such motion shall be decided without debate, and shall require concurrence of a simple majority of the Senate.

 

(f) Recommendation of Legislation for Consent Agenda. Committees may, on report of legislation for second reading, recommend that the bill or resolution be placed on the consent agenda. The Senate President shall review the recommendation, and shall place the act of legislation on the consent agenda unless he deems it unlikely to receive consent agenda passage.

 

Section 12A.   The Senate Rules shall be amended by striking “Expedited Agenda” and inserting “Consent Agenda” in the following Rules:

(1)   Rule 3(b)

Rule 3(h) (2 instances)

 

Section 13.      Senate Rule 17A(a) Applicability of Five-minute Rule on Amendments shall be amended by striking:

 

This procedure may be invoked by order of the Committee on Rules and Calendar, by motion, or mandated by rule or statute. The motion to invoke the five-minute rule on a given act of legislation shall not be in order once debate has commenced on the act, shall be decided without debate, and shall require a simple majority vote for passage. The five-minute rule shall be automatically invoked on any legislation successfully fast-tracked, unless otherwise determined by the Committee on Rules and Calendar.

 

and inserting:

 

This procedure may be invoked by motion or mandated by rule or statute. The motion to invoke the five-minute rule on a given act of legislation shall not be in order once debate has commenced on the act, shall be decided without debate, and shall require a simple majority vote for passage. The five-minute rule shall be automatically invoked on any legislation successfully fast-tracked.

 

 

Section 14.      Senate Rule 18. Special Rules shall be struck:

 

Rule 18. Special Rules.

 

(a) Calendaring of Special Rules.  All duly reported special rules shall be placed on the calendar for consideration at the next Senate meeting.

 

(b) Consideration of Special Rules.  At the appointed time, each calendared special rule shall be considered sequentially in numerical order.  The question of the adoption of a special rule, and all subsidiary motions thereto, shall be by no means debatable.  The special rule shall not be amendable by any means, save general consent, and may only be referred to the Committee on Rules and Calendar.  Such special rules shall be adopted by a two-thirds majority vote, except where otherwise prohibited by law. 

 

(e) Scope of Special Rules. All special rules shall apply to a specific act or acts of legislation, to some other specific item of Senate deliberative business, or to the organization of the calendar for a specific meeting. All special rules shall be as narrowly construed as possible to achieve their effect, and shall not group together unrelated or nominally related matters. No regulation deriving its authority from statutes other than those in §SBS 2-1 shall be suspended or restricted by special rule.

 

(d) Repeal of Special Rules. It shall be in order as a privileged motion for any Senator to move the repeal of a special rule, subject to the concurrence of a two-thirds majority of the Senate. Such a repeal shall remove the provisions of a special rule from force, but shall not retroactively undo any previous actions caused by the rule.

 

Section 15.      Senate Rule 19(d) Senate Resolutions shall be amended by striking “All special rules shall be presented in the form of a Senate Resolution.”

 

Section 16.      Senate Rule 20(a) Initial introduction shall be amended by adding:

 

Legislation filed up to one (1) day late may be calendared by simple majority vote of the Senate, without debate, provided the Senate is provided with twenty-four (24) hour advance notice of the motion by electronic mail. Late legislation so calendared shall be ineligible for fast-track by any means.

 

Section 17.      Senate Rule 20(c) Signatories to legislation shall be struck:

 

(c) Signatories to legislation. Any Student Organization or independent member of the University community may demonstrate their support to a particular piece of legislation by being designated as signatories to that legislation. Signatories may be added to a piece of legislation at any time prior to its final passage by the Senate. The Senate shall not amend the names of signatories without the consent of the primary sponsor(s) and those individual(s) or group(s) whose names are to be amended. Signatories shall be applicable only to policy-making resolutions.

 

Section 18.      Senate Rule 20(d) Special Rule Legislation shall be struck:

 

(d) Special Rule Legislation.  Senate Resolutions in the nature of Special Rules shall be introduced by the Committee on Rules and Calendar.  Such resolutions shall be submitted no later than noon the calendar day prior to the Senate meeting at which the special rule shall be considered.  Such legislation shall bear no sponsor.  All such legislation shall contain at least a paragraph of plain English describing completely and accurately the purpose and nature of the special rule.

 

Section 19.            Senate Rule 20(e) Fast Track of Legislation shall be struck:

 

(e) Fast Track of Legislation.  In general, fast-track of legislation shall refer to any procedure by which an item of legislation receives its first and second reading at the same meeting. Such a fast-track may be accomplished either via the second reading calendaring authority of the Committee on Rules and Calendar, or via the motion to fast-track. The motion to fast-track shall only be in order when the following conditions have been met:

(1)       the Committee on Rules and Calendar was notified by 5 PM the day of their meeting of the Senator’s interest in fast-track;

(2)       the Senate was notified of the motion by electronic mail no later than noon the calendar day prior to the Senate meeting; and

(3)       the Committee on Rules and Calendar has not already proposed fast-track by another mechanism.

 

and the following inserted:

 

(e) Fast Track of Legislation.  A Senator may move that legislation receive its first and second readings at the same meeting. This procedure shall be known as "fast-tracking" the legislation. Such a motion shall be considered by the Senate at the meeting at which the legislation is on the calendar for first reading, and shall only be in order provided that the Senator has submitted his or her intent to make such a motion to all Senators by electronic mail, in the manner prescribed by the President, no later than noon the calendar day before the day of the meeting. The motion to fast-track a resolution of appointment confirmation shall be in order only if recommended by the committee of relevant jurisdiction, as determined by the President.

 

 

Section 19A.                Senate Rule 20 shall be amended by adding:

 

(f) Emergency Fast-track of Legislation. Very urgent legislation filed for introduction, but not yet first read, may be scheduled for immediate second reading by the emergency fast-track procedure. This procedure applies only to resolutions and not to any form of bill. At least twenty-four (24) hours prior to the start of the meeting:

                                                         i.            the resolution must be properly filed for introduction; and

                                                        ii.            the Senator requesting emergency fast-track must have notified the Senate via electronic mail of the request

The privileged motion to approve an emergency fast-track shall require a two-thirds vote of all serving Senators for passage, and can be raised prior to the primary fast-track period. In all other regards, rules applying to ordinary fast-track shall apply to emergency fast-track.

 

Section 20.      Senate Rule 21(d) Referral to Committee shall be amended by inserting “and not fast-tracked,” so that the section reads:

 

(c) Referral to Committee . At the appointed time, the President shall refer all legislation read for the first time and not fast-tracked to the committee he or she deems appropriate according to these Rules.

 

Section 21.      Senate Rule 22(a) Two reading rule shall be amended by striking “unless provided otherwise by special rule”.

 

Section 22.      Senate Rule 20(b) Placement on calendar for second reading shall be amended by striking:

 

Any legislation that is successfully fast-tracked per Rule 21(c) shall be considered placed at the end of the calendar for second reading. Any legislation either directly placed on calendar by the Committee on Rules and Calendar, or so placed following acceptance of that committee’s recommendation, shall be on the calendar in such order designated by the committee.

 

and inserting:

 

Any legislation which is successfully fast-tracked shall be considered placed at the end of the calendar for second reading.

 

Section 23.      Senate Rule 24(b) President Pro Tempore shall be amended by striking “Committee on Rules and Calendar” and inserting “Committee on the Budget”.

 

Section 24.      Senate Rule 22(d) Parliamentarian shall be amended by striking “The parliamentarian shall assist the Committee on Rules and Calendar in the coordination of Senate procedural education.”

 

Section 25.      Senate Rule 26(a) Suspension and amendment of these Rules shall be amended by striking “No clause of these Rules dealing with consideration of legislation may be suspended, except by special rule.” and inserting “Furthermore, no clause mandating advance notice, including dates and times for submission of documents, may be suspended, unless suspended prior to the advance notice deadline.”

 

Section 26.      Senate Rule 26(b) Matters not covered by these Rules shall be amended by striking “all procedures not covered there in shall be governed by the Rules of the House of Representatives with notes and annotations.”

 

Section 27.      This act shall be effective upon the adjournment of the meeting at which it is adopted.