Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 50, Dec. 6, 1994 | Printed Page 70, Dec. 6, 1994 |

Printed Page 60 . . . . . Tuesday, December 6, 1994

9.3 No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available.

9.4 A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order.

9.5 Proposed amendments to any matter before the House shall be initially considered in the order in which received.

RULE 10

MISCELLANEOUS

10.1 A person not a member, officer, or attache of the House shall not be admitted in the outer doors of the Chamber without the special leave of the House. The following persons, and no others, shall be admitted within the Hall at any time unless otherwise authorized by House Resolution; namely,

The present and former members and officers of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the present members and officers of the Senate; the present members and employees of the Legislative Council; employees of the respective legislative delegations; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House.

Access to the House shall not be denied to sitting Senators.

Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is reelected


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to either House of the General Assembly after the conviction of the crime referred to in this paragraph.

10.2 Whenever the pronoun `he' appears in any Rule, it shall be deemed to designate either masculine or feminine. The words `person' and `party' and any other word importing the singular number used in any bill or resolution shall be held to include the plural and to include firms, companies, associations, and corporations and all words in the plural shall apply also to the singular in all cases in which the spirit and intent of the bill or resolution may require it. All words in a bill or resolution importing the masculine gender shall apply to females also and words in the feminine gender shall apply to males. And all words importing the present tense shall apply to the future also.

10.3 Definitions of measures:

1. `Resolutions' This term includes:

a. `House Resolution' which affects only the action of the House and the members thereof. It requires only one reading for adoption, and shall not be submitted to the Senate.

b. `Concurrent Resolution' which affects only the action of the General Assembly and the members thereof. It requires only one reading in each House for adoption.

c. `Joint Resolution' which shall have the same force of law as an Act, but is a temporary measure, dying when its subject matter is completed. It requires the same treatment as a bill does in its passage through both Houses, but its title after passage shall not be changed to that of an Act; and when used to propose an amendment to the Constitution it does not require the approval of the Governor.

2. `Bill' A bill is the term applied to a measure introduced in either House designed to become a permanent law (or an `Act').

It must be read and adopted three times on three separate days in each House, following which its title is changed to that of an Act.

3. `Act' An Act is the term applied to a bill that has passed both Houses, been ratified by the presiding officer of each House and signed by the Governor or passed over his veto. It is a permanent measure, having the force of law until repealed.

4. `Veto' The term used for disapproval of a Bill or Joint Resolution by the Governor. It may be overridden by a two thirds vote of the members of each House.

10.4 The House shall not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. All such invitations so received shall be referred to


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the Committee on Invitations and Memorial Resolutions and the five House members on the Committee on Invitations and Memorial Resolutions shall have the duty of determining and reporting to the House whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins.

10.5 Each member of the House shall be entitled to recommend the names of any number of persons to the Speaker, with one to be appointed by the Speaker as a House page to perform such duties as determined by the Speaker. The provisions of this rule shall be contingent upon the General Assembly providing for at least one hundred twenty four House pages in the annual general appropriations act for the fiscal year during which such session shall take place. Any additional House pages authorized shall be appointed by the Speaker in his sole discretion. Pages and guests of the House shall observe appropriate and dignified attire which means shirt and tie (with coats optional) for males and dignified dress (meaning dress, skirt or slacks and blouse, or pants suits) for females. This provision must be enforced by the Speaker.

10.6 Provided, notwithstanding any other rule, House Resolutions, Invitations and Memorials shall be accepted at the desk during the Organizational Session and shall be approved only by unanimous consent for passage.

10.7 No smoking is permitted in the Hall of the House of Representatives. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.

10.8 No member of the House shall incur more than one thousand eight hundred dollars in long distance telephone charges at State expense during any fiscal year. However, if a member accumulates more than one thousand eight hundred dollars in long distance telephone expenses during any fiscal year, he shall be billed and must reimburse the State on a monthly basis for the remaining balance.

10.9 Special presentations to honor individuals, groups or teams must be limited to five minutes and no presentations of this kind are permitted after the third Thursday in May. A House passed resolution that mentions allotted time for the presentation and date shall prevail. This rule does not apply to a concurrent resolution."


Rep. McTEER explained the Resolution.

The Resolution was adopted.


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Rep. McELVEEN proposes Amendment No. 1, which was committed to the Rules Committee.

Add at the appropriate place in Rule 3:

3. __ No member of the South Carolina House of Representatives shall offer for or be elected to any position for which a vote of the House is required for a period of two years after he ceases to be a member of the House.


Rep. McELVEEN explained the amendment.

Rep. HASKINS moved to commit the amendment to the Rules Committee.

Rep. FELDER moved to table the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the motion was out of order as the motion to table was a higher motion under Rule 8.11.

SPEAKER WILKINS sustained the Point of Order.


The question then recurred to the motion to commit the amendment.


Rep. ROGERS moved to table the motion to commit and demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 104


Those who voted in the affirmative are:

Breeland         Brown, J.        Byrd
Cave             Cobb-Hunter      Cromer
Howard           Inabinett        Jaskwhich
Kirsh            Lloyd            Neal
Rogers           Stille           Whipper, L.
Whipper, S.
Total--16

Those who voted in the negative are:

Allison          Askins           Bailey
Baxley           Beatty           Boan
Brown, G.        Brown, H.        Brown, T.
Cain             Canty            Carnell
Cato             Chamblee         Clyburn
Cooper           Cotty            Dantzler


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Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Haskins          Herdklotz        Hines
Hodges           Huff             Hutson
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Martin           Mason            McAbee
McCraw           McElveen         McKay
McMahand         McTeer           Meacham
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.
Total--104


So, the House refused to table the motion to commit.


The question then recurred to the motion to commit, which was agreed to.


Printed Page 65 . . . . . Tuesday, December 6, 1994

Rep. McELVEEN proposes Amendment No. 2, which was committed to the Rules Committee.

The following shall be added at an appropriate place in House Rule 6:

The House must remain in session once called to order for at least two hours or until the completion of that portion of the calendar covered by Rule 6.3(1) - (11b), unless adjournment is voted by a majority of the members present and voting, plus five members.


Rep. McELVEEN explained the amendment.

Rep. HUFF moved to commit the amendment to the Rules Committee, which was agreed to.


Rep. McELVEEN proposes Amendment No. 3, which was committed to the Rules Committee.

House Rule 8.12 shall be amended by replacing the phrase fifteen (15) minutes with the phrase one (1) hour.


Rep. McELVEEN explained the amendment.

Rep. ROBINSON moved to commit the amendment to the Rules Committee, which was agreed to.


Rep. McELVEEN proposes Amendment No. 4, which was committed to the Rules Committee.

Add subsection c., as follows:

c. In no event shall any limitation of debate prevent any member of the House who wishes to be heard on a matter under closure from speaking for the minimum time allotted herein, even if the total time of debate allowed to each side is increased thereby. This provision is intended to allow the constituents of each District in the State to have input despite procedural limitations, without allowing unlimited debate.


Rep. McELVEEN explained the amendment.

Rep. HASKINS moved to commit the amendment to the Rules Committee.


Rep. BAXLEY moved to table the motion, which was not agreed to by a division vote of 39 to 72.


The question then recurred to the motion to commit, which was agreed to.


Printed Page 66 . . . . . Tuesday, December 6, 1994

Rep. CROMER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\1572DW.95), which was tabled.

Amend the resolution, as and if amended, by amending Rule 10 by adding:

/10.10 Meetings of a legislative caucus as defined in Section 2-17-10(11), Code of Laws of South Carolina, 1976, may not be closed to the public and must be open to the public pursuant to Section 30-4-60./

Amend title to conform.


Rep. CROMER explained the amendment.

Rep. WELLS moved to table the amendment.


Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 52


Those who voted in the affirmative are:

Allison          Anderson         Beatty
Breeland         Brown, H.        Brown, J.
Brown, T.        Byrd             Cain
Canty            Cato             Chamblee
Cooper           Dantzler         Davenport
Easterday        Fair             Felder
Fleming          Fulmer           Hallman
Harrell          Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McMahand         McTeer           Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Smith, D.        Smith, R.        Stoddard
Stuart           Thomas           Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      Wilkins


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Witherspoon      Wofford          Wright
Young, A.        Young, J.
Total--68

Those who voted in the negative are:

Askins           Baxley           Boan
Brown, G.        Carnell          Cave
Clyburn          Cobb-Hunter      Cotty
Cromer           Delleney         Elliott
Gamble           Govan            Harris, J.
Harris, P.       Harrison         Harwell
Hines            Hodges           Howard
Inabinett        Jennings         Keyserling
Kinon            Kirsh            Lloyd
Martin           McAbee           McCraw
McElveen         McKay            Meacham
Neal             Neilson          Phillips
Quinn            Richardson       Rogers
Scott            Sheheen          Shissias
Simrill          Spearman         Stille
Townsend         Tucker           White
Wilder           Wilkes           Williams
Worley
Total--52


So, the amendment was tabled.


Rep. KIRSH proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1534DW.95), which was committed to the Rules Committee.

Amend the resolution, as and if amended, by adding Rule 4.19 to the Rules of the House of Representatives:

/4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, there must be attached and printed as a


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part of the committee report a summary of the bill or resolution prepared by the staff of that committee./

Amend title to conform.


Rep. KIRSH explained the amendment.

Rep. D. SMITH moved to commit the amendment to the Rules Committee.


Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 37 to 75.


The question then recurred to the motion to commit, which was agreed to.


Rep. FAIR proposed the following amendment No. 7 (Doc Name L:\council\legis\amend\JIC\5185HTC.95), which was committed to the Rules Committee.

Amend the resolution, as and if amended, by amending Rule 5.2 of the Rules of the House of Representatives, page 16, by adding after the first paragraph:

/A member who sponsors or cosponsors a bill or joint resolution which is amended on second reading in the House may have his name removed as sponsor or cosponsor by providing a written notice requesting removal of his name to the clerk before third reading./

Amend title to conform.


Rep. FAIR moved to commit the amendment to the Rules Committee, which was agreed to.


Reps. KEYSERLING and McELVEEN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\PT\1576DW.95), which was tabled.

Amend the resolution, as and if amended, by striking Rule 6.1 and inserting:

/6.1 The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this must be decided without debate.


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Provided, further, that the House may not meet on Tuesdays and meet at 12:00 noon on Wednesdays during the first six weeks in an odd-numbered year.

Provided, further, that during the first six weeks of legislative sessions in even-numbered years, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held, and on Thursdays during the first six weeks the House shall meet at 10:00 a.m.

Provided, further, that unless a majority of the House members object, the House shall recede at 1:00 p.m. for luncheon and reconvene at 2:15 p.m. This proviso shall not apply when the House is debating on Special Orders.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week./

Amend title to conform.


Rep. KEYSERLING moved to table the amendment, which was agreed to.


Rep. CARNELL proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21185SD.95), which was committed to the Rules Committee.

Amend the resolution, as and if amended, by striking Rule 5.19a., as contained on page 23 and inserting:

"a. No member shall speak more than twice on the main question of a bill or resolution being considered for any reading with no time limit for the first speech and not longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting; nor shall he speak more than twice upon an amendment or a motion to reconsider, and then not longer than ten minutes each time. The House may, however, by consent of a majority of the members present and voting suspend the operation of this rule during any debate on any particular question before the House."


Rep. CARNELL explained the amendment.

Rep. D. SMITH moved to commit the amendment to the Rules Committee.

Rep. CARNELL moved to table the motion, which was not agreed to by a division vote of 33 to 72.


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