Current Status Introducing Body:Senate Bill Number:130 Primary Sponsor:Martschink Committee Number:14 Type of Legislation:SR Subject:Legislative executive session Residing Body:Senate Current Committee:Rules Computer Document Number:OLDVS/LIBX/2317 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:Martschink Wilson Type of Legislation:Senate Resolution
Bill Body Date Action Description CMN
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130 Senate Jan 08, 1991 Introduced, referred to 14
Committee
130 Senate Sep 17, 1990 Prefiled, referred to 14
Committee
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TO AMEND RULE 32 OF THE RULES OF THE SENATE, RELATING TO EXECUTIVE SESSIONS, SO AS TO PROVIDE A PROCEDURE FOR GOING INTO EXECUTIVE SESSION, PROVIDE THAT NO FORMAL ACTION OR ANY VOTE MAY BE TAKEN IN EXECUTIVE SESSION, AND REQUIRE THE PUBLICATION IN THE JOURNAL OF MESSAGES CONTAINING NOMINATIONS.
Be it resolved by the Senate of the State of South Carolina:
That Rule 32 of the Rules of the Senate is amended to read:
(A) When discussing confidential or executive business the Senate must be cleared of all persons except the President, the Senators, the Clerk of the Senate, and the Sergeant-at-Arms of the Senate.
(B) All nominations made by the Governor to the Senate must be referred to the committee of the Senate as the President or the Senate directs. The nomination must be considered by the committee to which the nomination is referred at its next meeting and other meetings as the committee determines. No unfavorable report may be made on the nomination unless and until an opportunity for a hearing is given the nominee. If the committee fails to make a report within two weeks, the nomination may be recalled from the committee by the Senate in executive session. When the report of the committee is received by the Senate, the final question on every nomination is: 'Will the Senate advise and consent to this nomination?'
Before going into executive session, the Senate shall vote in open session on the question of whether to go into executive session. When two-thirds of those members present and voting vote to go into executive session, the President shall announce publicly the specific purpose of the executive session. No formal action may be taken by the Senate in the executive session on nominations or any other matter. For the purposes of this Rule, 'formal action' means a decision committing the Senate to a specific course of action. No vote whatsoever may be taken in executive session, and the final question on nominations must be voted on in open session.
(C) Messages containing nominations to the Senate must be published in the Journal, when received as other messages, and the fact that a nomination has been made or that it has been confirmed or rejected is not a secret. However, all information communicated or remarks made by a Senator when discussing in executive session nominations concerning the character or qualifications of the person nominated must be kept secret.
(D) Other messages from the Governor pertaining to confidential matters are subject to secrecy or publication as the Senate, in each instance, orders.
(E) Any A member or officer of the Senate who violates the secrecy provisions of this rule shall be is subject to the provisions of Rule 45 of the Senate and Article 5 of Chapter 13 of Title 8 of the Code of Laws."