The second most important vote you don't know about on the first day
On first day of session the Senate adopts Permanent Rules
Former Leader Dan Blue would often remind our Caucus that the most important vote a legislative member vote was on the multi-billion dollar budget. He’s right. A budget is often referred to as a moral document because it reflects the General Assembly’s priorities. These priorities include funding teacher pay, paying for health care coverage, building roads and bridges, and maintaining parks and museums. The General Assembly votes on the budget during the summer.
But, it’s the Senate’s first vote on opening day that’s arguably the second most important vote that gets almost no attention. Senators vote on the Senate Resolution 1 called Senate Permanent Rules. These Rules literally govern how we function as a legislative body from how much notice to provide before a bill is heard to how seats are assigned to who appoints committee members.
Unfortunately, the opening day’s real focus remains on family and friends gathering as members take his or her oath to start the session. There’s a lot of pomp. There’s a lot of the returning-back-to-school feel where you’re excited to see old members again and meet new members for the first time.
Against this environment, nobody wants to suddenly debate the Senate Rules with the family and friends and supreme court justices as an audience.
Senate versus House Rules
Interestingly, the House approaches the adoption of the Permanent Rules differently compared to the Senate. The House adopts Temporary Rules on opening day. After the adoption of the temporary House Rules, the House Rules & Operations Committee debates and adopts the House Permanent Rules later in the month. Such a process has been followed by the House of Representatives for several sessions now.
In 2019, Senator Mike Woodard and I requested a change to the Senate Rules that allowed for a 48-hour notice before a veto override. This two-day notice allowed Senators to make quick travel arrangements and return back to the chamber for an important vote. In one session, a Senator literally hopped back on an airplane in Hawaii, right at the start of the member’s vacation, to return back to Raleigh to help sustain Governor Cooper’s veto. That’s called commitment and public service.
Three ways to create predictability and foster bipartisanship
Under both Democrats and Republicans, the Senate Rules have allowed just a handful of members to hold the majority of power. These rules also tend to undermine the role of rank-and-file members and the minority party. However, a few rule changes could create more predictability and foster better bipartisanship and consensus.
1. Create a more family- and business-friendly legislative schedule.
As a supposed part-time legislature, the Senate should create a more predictable legislative session for members with children and who run small businesses. Without a set a schedule, the Senate may hold sessions that result in members incurring last-minute expensive ticket changes or simply cancelling such preplanned trips. Coincidentally, Speaker Destin Hall just rolled out a House legislative schedule for the first six months that addresses this concern.
2. Fast-track bipartisan initiatives.
The Senate should consider adopting a Rule that allows any germane amendment with at least five Republicans and five Democrats cosponsors to be allowed on the Senate floor for a vote. This would allow for amendments with wide bipartisan appeal to be debated on the Senate floor.
3. Do away with the back row seating.
Under Rule 72, the President Pro Tempore of the Senate assigns seats in the Senate chamber. Under both Democrats and Republicans, the minority party has been relegated to the back row becoming so-called “backbenchers.” Instead, as proposed by Representative John Blust, each party caucus should assign seats. The Democrat members should be seated in the 26 seats to the Lieutenant Governor’s right in the chamber, and the Republican members should be seated in the 26 seats in the Lieutenant Governor’s left in the chamber.
Have a great weekend,
Jay J. Chaudhuri
Senate Democratic Whip