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COLUMBIA, SC (May 27, 2010) - ACTING PRESIDENT PRESIDES
At 2:22 P.M., Senator LARRY MARTIN assumed the Chair.
RECALLED
H. 3047 (Word version) -- Reps. Haley, Ballentine, Wylie, Stringer, R.L. Brown, Kirsh, E.H. Pitts, Miller, G.R. Smith, Whipper, Huggins, Frye, Knight, Daning, J.E. Smith, Rice, Anderson, G.M. Smith, Phillips, Clyburn, Hart, Bowen, T.R. Young, Simrill, Duncan, Gunn, Agnew, Viers, Cobb-Hunter, King, Allison, Nanney, Bingham, Hamilton, Toole, Hiott, Millwood, Stavrinakis, Funderburk, Battle, Neilson, Erickson, Cole, Hutto, Pinson, Jefferson, Stewart, Bedingfield, D.C. Moss, Herbkersman, V.S. Moss, Horne and McLeod: A BILL TO ENACT THE "SPENDING ACCOUNTABILITY ACT OF 2009"; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-125 SO AS TO REQUIRE CERTAIN BILLS AND JOINT RESOLUTIONS TO RECEIVE A RECORDED ROLL CALL VOTE AT VARIOUS STAGES OF THEIR PASSAGE BY THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Senator SHANE MARTIN moved to recall the Bill from the Committee on Judiciary.
Senator McCONNELL argued contra to the motion to recall.
Senator SHANE MARTIN argued in favor of the motion to recall.
Senator MALLOY spoke on the motion to recall
PRESIDENT Pro Tempore PRESIDES
At 2:38 P.M., Senator McCONNELL assumed the Chair.
Senator LARRY MARTIN argued contra to the motion to recall.
Senator DAVIS argued in favor of the motion to recall.
Senator CAMPSEN argued contra to the motion to recall.
Point of Order
Senator CLEARY raised a Point of Order under Rule 33 that the thirty-minute time limitation for the length of the Motion Period had expired.
The PRESIDENT sustained the point of order.
In accordance with the provisions of Rule 33, Senator VERDIN move to extend the Motion Period for thirty additional minutes.
The motion was adopted.
Senator ROSE spoke on the motion to recall.
Senator GROOMS spoke on the motion to recall.
Point of Order Withdrawn
Senator DAVIS raised the Point of Order under Rule 52 that a Senator cannot make attacks or impugn the motives of another Senator.
Senator ROSE spoke on the Point of Order.
Senator DAVIS withdrew the Point of Order.
Senator KNOTTS spoke on the motion to recall.
Remarks to be Printed
On motion of Senator BRIGHT, with unanimous consent, the remarks of Senators ROSE and DAVIS, when reduced to writing and made available to the Desk, would be printed in the Journal.
Remarks to be Printed
On motion of Senator VERDIN, with unanimous consent, the remarks of Senator CAMPSEN, when reduced to writing and made available to the Desk, would be printed in the Journal.
Remarks to be Printed
On motion of Senator KNOTTS, with unanimous consent, the remarks of Senator GROOMS, when reduced to writing and made available to the Desk, would be printed in the Journal.
Remarks to be Printed
On motion of Senator SHANE MARTIN, with unanimous consent, the remarks of Senator KNOTTS, when reduced to writing and made available to the Desk, would be printed in the Journal.
Point of Quorum
At 3:57 P.M., Senator McGILL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Call of the Senate
Senator McGILL moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bright Bryant
Campsen Cleary Courson
Cromer Davis Elliott
Grooms Knotts Lourie
Malloy Martin, Larry Martin, Shane
Massey McConnell McGill
Mulvaney Nicholson O'Dell
Peeler Reese Rose
Scott Setzler Shoopman
Verdin
A quorum being present, the Senate resumed.
Recorded Presence
Senator SHEHEEN recorded his presence subsequent to the Call of the Senate.
Senator KNOTTS resumed speaking on the motion to recall.
The question then was the motion to recall the Bill from the Committee on Judiciary.
Point of Order
Senator SCOTT raised a Point of Order that the extended time limitation of thirty minutes had expired and the roll call vote was out of order.
The PRESIDENT Pro Tempore stated that the precedent of the Senate has been that if the Motion Period expired while a motion is pending, the Senate would resolve the pending motion and then the Motion Period would expire.
Senator MULVANEY asked unanimous consent to make a motion to extend the Motion Period for ten minutes.
Point of Order
Senator MALLOY raised a Point of Order under Rule 6C that in order to make a motion a Senator must be recognized at his Desk.
The PRESIDENT Pro Tempore sustained the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 15; Nays 13
AYES
Alexander Bright Bryant
Cleary Courson Cromer
Davis Martin, Shane McGill
Mulvaney O'Dell Peeler
Rose Setzler Shoopman
Total--15
NAYS
Campsen Elliott Grooms
Knotts Lourie Malloy
Martin, Larry Massey McConnell
Nicholson Reese Scott
Verdin
Total--13
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar.
Statement by Senator McCONNELL
I voted against the motion to recall H. 3047 from committee not because I am against transparency in voting, but rather because I believe we must be more transparent and our Senate Journal should be more user-friendly. In fact, I am the author of the Resolution to change our Senate Rules to provide 100% transparency and make every vote that is taken to be a recorded. The difference being that I insist that it be done in a manner that does not violate the Constitution of our State. Simply, H. 3047 is a sham. It is a blatant attempt to curry public favor by passing a Bill that is ineffectual as well as unconstitutional and in doing so hurting sincere efforts at meaningful reform.
The Bill is clearly unconstitutional and I have no doubt whatsoever that the Supreme Court will rule so. The Constitution clearly states "Each house shall choose its own officers, determine its rules of procedure..." The meaning of the framers is clear that they wanted the bodies in the legislature to set their Rules without interference of the other House, the Governor, and the Courts. They like the founding fathers wanted to jealously guard the balance of powers between the three branches of Government. This is the clear and unambiguous language of the Constitution. It surprises me that conservative Senators would instead embrace a liberal reading of the Constitution to achieve a result they want and rely on a legal opinion giving a liberal construction to justify their views. These are the same people who chastise Congress for trampling the Constitution in order to pass the Obama Health Care Bill and blast unelected federal judges for stretching the Constitution to make law. Knowingly or unknowingly, they will do the same thing to achieve what they want.
However they choose to act, I will remain consistent. I am opposed to Congress trampling or ignoring the Constitution to achieve the results they desire. I am opposed to unelected judges practicing judicial activism and changing the clear meaning of the Constitution to make it a living and breathing document and not what our founding fathers wrote. More importantly, I believe in the oath of office I took and when I swore to uphold the Constitution.
Therefore, I voted against the motion to recall H. 3047 from committee.
Statement by Senator RYBERG
I fully support transparency in the form of roll-call voting, and I support H. 3047. I would have voted in support of the motion of Senator SHANE MARTIN had I been in the Chamber. |
