Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for our form of government and for Your giving us a specific part in it. Keep us aware of the importance of our being partners together, hearing each other with open minds. And as we move into this Legislative Session, may our questions be
not "is it eye-catching?", but "is it effective?"
not "is it expedient?", but "is it equitable?"
not "is it impressive?", but "is it important?"
not "does it just look good?", but "does it do good?"
Give us, we pray, enough wisdom to know what is right in God's sight, and the determined wills to do it.
To You, Lord God, we give the praise. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the appropriate committees for consideration.
Document No. 2071
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-56-410, 420, 430, 440, 450, 460, 470, 480, 485, 490 and 495
Drycleaning Facility Restoration
Received By Speaker January 14, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 14, 1997
Document No. 2101
Promulgated By Department of Social Services
Statutory Authority: 1976 Code Section 43-1-80
Food Stamp Program Electronic Benefits Transfer
Received By Speaker January 14, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 14, 1997
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3002 -- Reps. Wilkins, D. Smith, Hawkins, Harrell, Fleming, Maddox, Cromer, Cato, McMaster, Young, Robinson, Haskins, Felder, Campsen, Boan, Limbaugh, Vaughn, Young-Brickell, Witherspoon, Simrill, Bailey, Altman, Meacham, Riser, Harrison, Gamble, Lloyd and Beck: A BILL TO AMEND SECTION 2-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING IN 1994, SO AS TO REVISE CERTAIN OF THESE DISTRICTS, TO PROVIDE THAT A MEMBER OF THE HOUSE SHALL BE ELECTED FROM EACH OF THE ELECTION DISTRICTS SO REVISED AT A SPECIAL ELECTION TO BE CONDUCTED IN NOVEMBER, 1997, TO PROVIDE FOR THE TERM OF OFFICES OF SUCH MEMBERS ELECTED IN 1997, TO ESTABLISH FILING AND ELECTION DATES FOR THESE ELECTIONS, TO DESIGNATE THE HOUSE OF REPRESENTATIVES AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE ELECTION DISTRICT REVISIONS CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-15, RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
Ordered for consideration tomorrow.
The following was introduced:
H. 3232 -- Reps. Simrill and Kirsh: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ALONG INTERSTATE HIGHWAY 77 BETWEEN EXITS 22 AND 77 IS SEVENTY MILES AN HOUR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 165 -- Senators Wilson, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Williams: A CONCURRENT RESOLUTION DECLARING THE THIRD SUNDAY IN OCTOBER OF EACH YEAR AS "VOLUNTEER FIREFIGHTERS DAY" IN SOUTH CAROLINA AND URGING APPROPRIATE OBSERVANCE OF THE DAY BY ALL SOUTH CAROLINIANS SO THAT THEY MIGHT HONOR THE GREAT CONTRIBUTION TO THE PUBLIC SAFETY RESULTING FROM THE SERVICE OF, AND SACRIFICES MADE BY, VOLUNTEER FIREFIGHTERS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 166 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Mescher, Ravenel and Williams: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. CHARLES C. WANNAMAKER OF NORTH CHARLESTON, A FAMILY PHYSICIAN AND ELECTED REPRESENTATIVE OF CHARLESTON COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 182 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. ERNEST EUGENE McALHANEY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3233 -- Rep. Cromer: A BILL TO AMEND ARTICLE 17, CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPLANATIONS OF PROPOSED CONSTITUTIONAL AMENDMENTS, SO AS TO INCLUDE PROCEDURES FOR EXPLANATIONS OF STATE AND LOCAL REFERENDUM QUESTIONS WHEN DEEMED NECESSARY.
Referred to Committee on Judiciary.
H. 3234 -- Rep. Cromer: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MUST ADMINISTER A SENTENCE OF DEATH AT ONE O'CLOCK P.M.
Referred to Committee on Judiciary.
H. 3235 -- Reps. D. Smith, Cromer, Knotts, Maddox, Young, Limbaugh, Scott, Cotty, McMaster, Klauber, Jennings, Baxley, Fleming, Govan, Altman, Delleney, Hodges, Campsen, Harrison and Simrill: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.
Referred to Committee on Judiciary.
H. 3236 -- Reps. Townsend, Cooper, Maddox, H. Brown, McMahand, Lanford, Mason, Jordan, Stille, Allison, Phillips, Littlejohn, Davenport, Walker, Wilkins, Loftis, Stewart, Spearman, Byrd, Klauber and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-22 SO AS TO PROVIDE THAT LOCAL BOARDS OF TRUSTEES ARE ENCOURAGED TO REVIEW AND REVISE EXISTING BOARD POLICIES, LOCAL CURRICULA, AND PROGRAMS OF PROFESSIONAL DEVELOPMENT TO REFLECT AND EMPHASIZE BALANCED, INTEGRATED, AND EFFECTIVE PROGRAMS OF READING INSTRUCTION THAT INCLUDE EARLY AND SYSTEMATIC PHONICS INSTRUCTION AND BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT COLLEGES AND UNIVERSITIES OFFERING TEACHER EDUCATION CURRICULUMS SHALL ENDEAVOR TO INCORPORATE THE TEACHING OF SYSTEMATIC PHONICS INSTRUCTION IN PRESERVICE EDUCATION AND PROFESSIONAL DEVELOPMENT COURSES.
Referred to Committee on Education and Public Works.
H. 3237 -- Reps. Townsend, Stille, Littlejohn, Lanford, Davenport, Walker, Kelley, Cooper and Martin: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND AND FEDERAL AID HIGHWAY FUND, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO SUBMIT IN ITS ANNUAL BUDGET TO THE GENERAL ASSEMBLY ALL HIGHWAY PROJECTS SCHEDULED FOR CONSTRUCTION OR UNDER CONSTRUCTION, AND TO REQUIRE COMPLETION OF SUBMITTED PROJECTS BEFORE THE INITIATION OF A NEW PROJECT OR THE PAYMENT OF FEES FOR PRELIMINARY ENGINEERING SERVICES.
Referred to Committee on Education and Public Works.
H. 3238 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3239 -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3240 -- Reps. Spearman, Wilkins, Beck, Edge, Altman, Bauer, Barfield, Barrett, Knotts, Rice, Harrell, Young-Brickell, Meacham, Limehouse, Klauber, Young, Sandifer, Mullen, Stuart, McCraw, Harrison, Mason, Allison, Davenport, Townsend, Martin, Kelley, Riser, Witherspoon, Hawkins, Keegan, Campsen, Rodgers, Chellis and Seithel: A BILL TO ENACT "THE SOUTH CAROLINA SCHOOL SAFETY ACT OF 1997" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO PROVIDE THAT IF A STUDENT COMMITS AN ASSAULT AND BATTERY THAT IS NOT AGGRAVATED ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANY PERSON AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY, THE STUDENT IS GUILTY OF THE CRIME OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO JUVENILE DETENTION PROCEDURES, SO AS TO AUTHORIZE A CHILD TO BE DETAINED IN A SECURE JUVENILE DETENTION FACILITY IF THE CHILD COMMITS AN ASSAULT AND BATTERY OF ANY KIND ON SCHOOL GROUNDS OR AT A SCHOOL-SPONSORED EVENT AGAINST ANYONE AFFILIATED WITH THE SCHOOL IN AN OFFICIAL CAPACITY; TO AMEND SECTION 22-3-560, RELATING TO A MAGISTRATE'S AUTHORITY TO PUNISH ASSAULTS AND BATTERIES AND OTHER BREACHES OF THE PEACE AND EXCEPTIONS THERETO, SO AS TO PROVIDE THAT AN ASSAULT AND BATTERY ON SCHOOL PERSONNEL SHALL BE PUNISHED AS PROVIDED IN SECTION 16-3-612; TO ADD SECTION 59-63-370 SO AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO NOTIFY CERTAIN SCHOOL ADMINISTRATORS AND TEACHERS OF A STUDENT'S CONVICTION OF ASSAULT AND BATTERY ON SCHOOL PERSONNEL OR OF ANY VIOLENT CRIME; TO ADD SECTION 59-63-380 SO AS TO GRANT CIVIL AND CRIMINAL IMMUNITY TO PERSONS AFFILIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY MAKING A REPORT OF A SCHOOL-RELATED CRIME IN GOOD FAITH; AND TO ADD SECTION 59-63-390 SO AS TO REQUIRE THE SENIOR ADMINISTRATOR OF EACH SCHOOL TO INCLUDE A SUMMARY OF THE SCHOOL CRIME REPORT ACT AND THE PROVISIONS OF SECTION 16-3-612 IN THE SCHOOL'S STUDENT HANDBOOK EACH YEAR.
Referred to Committee on Judiciary.
H. 3241 -- Reps. Knotts, Sharpe, Bauer, Spearman, Tripp, Meacham, Rhoad, Whatley, Simrill, Cooper, Trotter, Townsend, Neilson, Walker, Young-Brickell, Law, Quinn, Kelley, Koon, Riser, Fleming, Lanford and Martin: A BILL TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE FOR THE MANNER IN WHICH THIS REFERENDUM SHALL BE CONDUCTED, TO PROVIDE FOR THE FLYING OR PROHIBITION OF THE FLYING OF THE FLAG ABOVE THE STATE HOUSE AFTER THE RESULTS OF THE REFERENDUM ARE CERTIFIED, TO PROVIDE THAT UNTIL THE RESULTS OF THE 1998 REFERENDUM ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG SHALL CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, AND TO PROVIDE THAT NO ADDITIONAL REFERENDUM CONCERNING THE FLYING OF THE FLAG ABOVE THE STATE HOUSE MAY BE CONDUCTED FOR A PERIOD OF TEN YEARS FROM THE DATE OF THE 1998 REFERENDUM.
Referred to Committee on Judiciary.
H. 3242 -- Reps. Knotts, Seithel, Cotty, McMaster, Whatley, Simrill, Robinson, Davenport, Keegan, Rice, Riser and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE MANDATORY MINIMUM SENTENCES FOR CERTAIN CRIMES MOTIVATED BY THE VICTIM'S RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, PHYSICAL OR MENTAL DISABILITY, AND TO PROVIDE THAT THIS PROVISION DOES NOT PROHIBIT A SENTENCE GREATER THAN A MANDATORY MINIMUM SENTENCE OF THIRTY YEARS WHEN IT IS PROVIDED IN ANOTHER SECTION OF LAW; AND TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH OR LIFE IMPRISONMENT, SO AS TO ADD MOTIVATION BY A VICTIM'S ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, NATIONAL ORIGIN, ETHNICITY, OR PHYSICAL OR MENTAL DISABILITY AS AN AGGRAVATING CIRCUMSTANCE TO CONSIDER WHEN A SENTENCE FOR MURDER IS BEING DETERMINED.
Referred to Committee on Judiciary.
H. 3243 -- Reps. Sharpe and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Clyburn Cooper Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harris, J. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, January 15.
George H. Bailey Ralph W. Canty Bill Cotty Wilbur L. Cave Gilda Cobb-Hunter James H. Hodges Michael E. Easterday Jerry N. Govan, Jr.
DOCTOR OF THE DAY
Announcement was made that Dr. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.
Rep. J. BROWN moved that when the House adjourns, it adjourn in memory of Mary Howell Taylor, which was agreed to.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3229 -- Rep. Harvin: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON SEPTEMBER 19 AND 20, 1996, BY THE STUDENTS OF CLARENDON COUNTY SCHOOL DISTRICTS 1, 2, AND 3 IN CLARENDON COUNTY FOR SCHOOL YEAR 1996-97 WHEN THE SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following was introduced:
H. 3244 -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, SO AS TO REVISE AND FURTHER PROVIDE FOR THE ELECTION, DUTIES, AND RESPONSIBILITIES OF THE SPEAKER AND SPEAKER PRO TEMPORE, THE CLERK, READING CLERK, CHAPLAIN, AND THE SERGEANT AT ARMS; THE RULES GOVERNING THE MEMBERS OF THE HOUSE, OFFICES, EMPLOYEES, AND COMMITTEES; BILLS, RESOLUTIONS, AND REPORTS, THE DAILY ORDER OF BUSINESS AND CALENDAR, VOTING, MOTIONS AND THEIR PRECEDENCE, AMENDMENTS, AND MISCELLANEOUS PROVISIONS.
Be it resolved by the House of Representatives:
That the Rules of the House of Representatives for 1997 and 1998 are amended to read:
1.1 The Speaker shall take the chair on every legislative day precisely at the hour to which the House adjourned at the last sitting, immediately call the members to order, cause prayer to be said, the Journal of the previous proceedings to be corrected, and if a quorum be present, proceed to other business.
1.2 The Speaker shall preserve order and decorum, and, in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared. Any person guilty of contempt of the House may be ordered into custody by the House and dealt with as it deems proper.
1.3 If any member, in speaking or otherwise, transgresses the Rules of the House, the Speaker shall call him to order, or any member may call such transgressions to the attention of the Speaker who shall call the transgressor to order. If repeated cries of order are ineffective, the Speaker may call a member by name, and if the Speaker deems it necessary, he shall state the offense committed. The member may be heard in his exculpation and shall withdraw, and the House shall consider his punishment or any further proceedings to be had.
1.4 The Speaker shall sign all acts, joint resolutions, memorials, writs, warrants, and authorizations for payment or other papers authorized by the House.
1.5 The Speaker shall decide all points of order, subject to an appeal by any member. He may require the member raising a point of order to cite the Rule or other authority in support of the question. Upon appeal, no member shall speak more than once and for no longer than twenty minutes each, except by permission of the House.
1.6 The Speaker shall may vote in all cases (except when he may be personally or pecuniarily interested or shall be excused). If with his vote the House be equally divided, the question shall be decided in the negative. The presiding officer may give information or explain any matter before the House; he may speak on points of order in preference to other members, and as often as he may deem necessary, but he shall not enter into any debate or endeavor to influence any question before the House while presiding.
1.7 The Speaker shall be elected on the opening day of the organizational session or as soon thereafter as may be practical by the membership of the House.
1.8 The Speaker Pro Tempore shall be elected either on the opening day of the organizational session. or as soon thereafter as may be practical. The Speaker Pro Tempore shall preside in the absence of the Speaker. Provided, the Speaker or the Speaker Pro Tempore, whoever may be presiding at the time, may name a member to preside, but such substitution shall not extend beyond an adjournment. In the absence of the Speaker and the Speaker Pro Tempore for more than one day, the House may elect a Speaker Pro Tempore to serve until the return of the Speaker or Speaker Pro Tempore. When the Speaker Pro Tempore is absent for more than three consecutive statewide legislative days, the House of Representatives may elect an acting Speaker Pro Tempore who shall serve until the return of the Speaker Pro Tempore. The acting Speaker Pro Tempore may continue to serve on any committee to which he has been appointed.
1.9 All committees shall be appointed by the Speaker, unless otherwise provided for by law, except Senatorial and Gubernatorial appointees and ex officio members of the House. The Speaker shall name the members constituting each committee in alphabetical order, and the Chairman shall be elected by the several committees. The committee may at its discretion elect a Vice-Chairman and such other officers as it may choose.
1.10 The Speaker is responsible that all amendments ordered by the House be correctly made and that the attention of the House be called to all amendments made by the Senate since the matter was before the House. All Senate amendments to matters previously considered by the House and all House amendments to matters previously considered by the Senate shall, after adoption, be printed by use of distinctive type interlineation in such a manner as to reflect in one text the original version and the language of the amendment.
1.11 If the Speaker or Speaker Pro Tempore resigns from such position, he shall submit his resignation to the Clerk of the House in writing. The question of acceptance of the resignation shall be immediately considered by the House or if the House is not in statewide session at its next statewide day of session. The question of acceptance shall not be debatable and shall be decided by majority vote of the members present and voting, a quorum being present. This procedure shall be followed in the case of the resignation of any elected officer of the House.
2.1 The Clerk shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.
2.2 The Clerk of the preceding session shall, at the beginning of the organizational session of the House, call the members to order, proceed to call the roll of members in alphabetical order, and pending election of a Speaker, Speaker Pro Tempore or temporary officers, preserve order and decorum, and decide all questions of order subject to appeal by any member. The duties of this section may be delegated by the Clerk to any member of the House.
2.3 The Clerk shall cause to be kept a correct Journal of the proceedings of the House, and this Journal shall be numbered serially from the first day of each session of the Legislature. He shall not permit any books or papers belonging to the House to be taken out of his custody other than in the regular course of business and then upon receipt when he deems necessary. He shall report any missing papers to the Speakers Speaker.
2.4 The Clerk of the House shall cause to be prepared and laid on the desks of the members, every morning, an itinerary of the day's business, to be called the Calendar. This Calendar shall include the orders of the preceding day and all continued matters arranged according to priority, and numbered from the commencement of the session, every matter being introduced and newly numbered after every new order upon it.
2.5 The Clerk shall assist, under the direction of the Speaker, in taking roll call or division votes.
2.6 The Clerk shall issue all pay certificates for per diem and mileage and incidental expenses upon the order of the House or of the Speaker, the signature of the Speaker being attested by the Clerk. He The Clerk shall also attest to all writs and warrants and to the passage of all bills, resolutions and memorials.
2.7 The Clerk shall prepare in writing, present to the Speaker for his signature, and send all messages to the Senate and elsewhere as ordered by the House.
2.8 The Clerk shall also be charged with the duty of having executed, in a prompt and accurate manner, all the printing required by the Rules or orders of the House.
2.9 The Reading Clerk shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.
2.10 The Reading Clerk shall read all papers to be read at the desk, which the Speaker may direct him to read and shall assist in taking any roll call votes at the Speaker'' direction. Upon ordering of a roll call vote, or upon a quorum call, the electronic roll call system is to be used following the procedure of Rule 7.3. When the electronic roll call system is not operating in any manner, the Reading Clerk shall call the roll and take the names of all who vote 'aye' and all who vote 'nay' which shall be entered in the Journal and the provisions of Rule 7.3 shall not apply. If, during the course of an ordered electronic roll call, the electronic roll system malfunctions, in such a manner that the number of aye votes and the number of nay votes are recorded but the names of the members so voting are not recorded, the vote shall stand, and any member desiring to publish a record of his individual vote may submit a statement which shall be printed in the House Journal. If, during the course of an ordered electronic roll call, the electronic roll call system malfunctions in such a manner as to record no accurate information as to the vote totals, the Question shall be resubmitted and the Reading Clerk shall call the roll of the members as hereinabove specified.
Provided, however, in the case of a malfunction in the electronic roll call where the roll call to be taken is mandated by the Constitution or Statutes, any malfunction will void the roll call and it will be retaken.
Provided, that whether the ayes and nays are taken by electronic roll or otherwise, they shall be recorded by the Clerk in the Journal.
2.11 The Chaplain shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.
2.12 The Chaplain shall provide spiritual guidance for the membership of the House.
2.13 The Sergeant at Arms shall be elected by the membership of the House for a term of two years and shall be under the direct supervision of the Speaker of the House. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.
2.14 The Sergeant at Arms shall assist the Speaker in maintaining order and decorum.
2.15 The duties of the Sergeant at Arms, shall be as provided for in Chapter 3 of Title 2, Code of Laws of South Carolina, 1976, as amended.
2.16 The Sergeant at Arms may designate, subject to the approval of the Speaker, other staff members of the House to assist the Speaker and the Sergeant in performing such duties as they may direct, in accordance with Chapter 3 of Title 2, Code of Laws of South Carolina, 1976.
3.1 Every member shall be within the House Chamber during its sittings unless excused or necessarily prevented, and may vote on each question put, except that no member shall be permitted to vote on any question immediately concerning his private rights as distinct from the public interest.
3.2 The Speaker may excuse any member from attendance on the House and its committees for any stated period upon reason shown, and such excused absence shall be transmitted to the member in writing and noted in the Journal.
3.3 Any member absenting himself from attendance on the House or its committees and having in his possession any original papers relating to the business before the House, shall leave such original papers with the Clerk before departing from the Capitol. (Reserved)
3.4 Any member who enters after the roll call at the opening of the daily session and notifies the Clerk in writing shall thereafter be shown as present for such day. Provided, that no person except those recorded present shall be eligible for subsistence for that day.
3.5 In cases of contest for a seat in the House, notice setting forth the grounds of such contest shall be given by the contestant to the House within three calendar days after the House first convenes, and in such case, the contest shall be determined by majority vote as speedily as reasonably possible.
3.6 When the House is called to order, every member shall take his seat and shall act with decorum at all times when the House is in session. If a member shall be called to order while speaking, he shall immediately take his seat until the question of order be decided, unless allowed to proceed upon explanation. If the decision be in favor of the member, he shall proceed; if otherwise, he shall not proceed without leave of the House; and if the case requires it, he shall be liable to such other proceedings as the House may take. Every member, when about to speak, shall rise from his seat and respectfully address himself to 'Mr. Speaker' and shall avoid disrespect to the House or the Senate, and all personalities;, observe decency of speech;, and he shall confine himself to the question under consideration, be such question an amendment, a Bill, or Resolution.
The Speaker, when duly addressed by a member, shall hear from the member who, in the Speaker's opinion, shall arise first, by identifying the member. The Reading Clerk shall not turn on any member's microphone until the Speaker has recognized that person.
3.7 No employee or attache of the House shall, directly or indirectly, personally interest or concern himself with the passage or consideration of any measure whatsoever. If any employee or attache so interests or concerns himself with any measure, does so, it shall be grounds for summary dismissal. While within the House Chamber during session, no one may personally, or in an official or representative capacity, concern himself with the passage or consideration of any measure whatsoever, except sitting members of the General Assembly and House staff in the usual and ordinary performance of their duties as an employee of the House. The Speaker may require immediate removal from the House Chamber of any person, who violates the provisions of this rule.
3.8 No member shall speak more than twice on the same question without leave of the House, except merely to explain his meaning, even if the debate on the question should be continued for many days. In the case of a matter requiring more than one reading, this limitation applies separately to each reading, provided, however, notwithstanding that a matter may move from the uncontested to contested calendar or vice versa within the same reading, the limitation applies to the entire reading. If a member has the floor and is addressing the body, he shall not lose the floor by asking a question of any member of the body.
3.9 If any member shall be absent without leave and a quorum is not present, the Speaker shall instruct the Sergeant at Arms or appoint other authorized persons to send for such member or members and take them into custody. The outer doors to the Chamber shall be closed. The Speaker shall order that security personnel shall be posted at the outer doors of the Chamber and no member shall be permitted to leave the second floor of the State House without written leave of the Speaker. The Speaker may also order that security personnel be posted at all entrances to the State House to prevent members from leaving without authorization. An absent member who is taken into custody after the invocation of this rule shall pay for all reasonable expenses incurred, which shall include mileage at the prevailing rate for state employees and a ten dollar custody fee. In addition, such absent member who is taken into custody shall forfeit his entitlement to subsistence and mileage for that legislative day and shall be subject to any additional penalties the House Speaker deems necessary. Should a quorum be present and ten members request, such absent member or members shall be sent for as herein provided and subjected to the same penalties. The Speaker shall strictly enforce the provisions of this rule. Provided, however, in the case of a member not being present when Rule 3.9 is invoked and such member voluntarily returns without being taken into custody, he shall not be subject to the penalties of this section. The invocation of this rule may be rescinded by a majority vote of those present and voting.
3.10 As soon as practicable, after the House has been organized, the seats of the members shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its name printed on it. These shall be put in a closed box. The Speaker shall then direct a person or persons to draw them out, one by one. As each ballot is drawn, the delegation from that county shall select their seats, in accordance with the county in which the member resides. In the event a member's district consists of more than one county, the member may elect to be seated with the delegation the member desires, provided the member indicates the preference to the Clerk of the House prior to balloting. No delegation may select more than one seat on the main aisle.
3.11 As soon as practicable, after the House has been organized, office space of members must be allotted as follows:
Each member shall choose an office in the Blatt Building on the basis of their seniority in the House in accordance with a floor plan prepared by the House Operations and Management Committee with the consent of the Speaker. A member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. The House Operations and Management Committee is authorized to make necessary adjustments in the assignment of office space with the consent of the Speaker when available space cannot be reasonably adjusted to conform with the county selections made pursuant to this subsection.
The provisions of this rule do not apply to office space for the Speaker, Speaker Pro Tempore, Chairman of the Rules Committee, Chairman of the Invitations and Memorial Resolutions Committee, Chairman of the Interstate Cooperation Committee and Chairmen of any other standing study committees or any other caucus having assigned space in the Blatt Building.
4.1 Committee appointments: see Rule 1.9.
4.2 As soon as practicable after the members have been sworn in and have taken their seats, the following Standing Committees, except the House of Representatives Legislative Ethics Committee, and the House of Representatives Committee on Operations and Management, shall be appointed to serve until the next general election with the indicated number of members appointed thereto:
1. Committee on Ways and Means - 25.
2. Committee on the Judiciary (Privileges and Elections) - 25.
3. Committee on Agriculture, Natural Resources and Environmental Affairs (Fish, Game, Forestry, State Parks, Rural Development, Environmental Affairs) - 18.
4. Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) - 18.
5. Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) - 18.
6. Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) - 18.
7. Committee on Rules - 15.
8. Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) - 5.
9. House of Representatives Legislative Ethics Committee - 6.
10. Committee on Invitations and Memorial Resolutions (Invitations, Resolutions memorializing the Federal or State Government or any official or agency thereof, sympathy, and congratulatory Resolutions) - 5.
11. Committee on Operations and Management of the House of Representatives (Advisory to the Speaker on personnel, administration and management of facilities, including management of the Blatt Building) - 7.
Each member shall serve on one and only one of the first six Standing Committees listed above. However, a member of these Committees may also serve on one of the following Committees: Committee on Rules, Committee on Interstate Cooperation, Committee on Ethics, Committee on Invitations, or Committee on Operations and Management of the House of Representatives. The Speaker, Speaker Pro Tempore and Clerk shall serve as ex officio members of the Committee on Operations and Management of the House of Representatives but no chairman of any other standing committee shall serve as a member of such committee.
Provided, that the members of the Standing Committee 11, entitled Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities) - 7, and the members of the House of Representatives Legislative Ethics Committee, shall be elected by the members of the South Carolina House of Representatives, their terms to be coterminous with their respective term of office.
Provided, that the Committee on Education and Public Works shall be deemed to be the Committee on Education, and the Committee on Medical, Military, Public and Municipal Affairs shall be deemed to be the Committee on Military Affairs and the Committee on Medical Affairs, in all cases where the statutes provide for the Chairman of these committees to perform ex officio duties.
Provided, that the Committee on Operations and Management of the House of Representatives with the consent of the Speaker may formulate such policies as it deems advisable relating to House personnel. Such policies shall be distributed to the members and must be adopted by majority vote of the House by House Resolution.
Provided, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing Standing Committees.
No member shall be appointed on a committee before he has been sworn in and has taken his seat. Any member who is sworn in after the general announcement of the committee shall, within a few days afterward, be placed by the Speaker on a Standing Committee whose number of members will not thereby be extended beyond the number provided in these Rules.
After a committee has been appointed, no addition to it or change shall be made, except to fill a vacancy or to excuse a member.
Provided, that in filling a vacancy, the assignment of any member may be changed from another committee to fill such vacancy.
Provided, further, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing Standing Committees.
4.3 Unless otherwise ordered, committees shall have jurisdiction only over matters pertaining to the subjects indicated by the names of the respective committees, and to the subject matter indicated in parenthesis following the names.
4.4 Committees shall meet regularly to consider pending legislation in the room assigned for their use by the Speaker. Notice of date, time and place of such meetings shall be posted on a bulletin board provided for this purpose in the lobby. Whenever feasible twenty-four hour advance notice shall be given for all committee meetings. Such notice shall be mailed to the members by the committee chairmen when the House is not in session. Notice of regular and special meetings shall also be given by the administrative assistants to each member of the committees and to the Sergeant at Arms in the manner the committee deems proper. Information as to subcommittee meetings shall be provided by the administrative assistants to the Sergeant at Arms and shall be available at the Sergeant at Arms' desk. Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown. No committee shall meet while the House is in session without special leave by the Speaker. If a Committee or a Subcommittee thereof requests such special leave, the request shall be considered by the House immediately, is not debatable and may be granted by a majority vote of those members present and voting, provided, Provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report at any time when a its message might be received to the House at any time.
No committee shall sit unless a quorum be present and all bills introduced by committees must carry the statement of the Chairman that the bill has the approval of two-thirds of the membership of the committee, except that the State Appropriations Bill, the Supplemental Appropriations Bill and the Deficiency Appropriations Bill may be introduced by a majority vote of the Ways and Means Committee.
No committee shall introduce a bill pertaining to subject matter over which it has no jurisdiction.
No bill, except a committee bill, shall be considered by the House until one week after the date of its first reference to a committee except those bills which have been prefiled in accordance with Rule 5.1 and any bill which has been recalled by the House. Notice in writing of all public hearings shall be given by Committee Chairmen to the Clerk of the House at least five calendar days prior to the date fixed for the hearing, such notice to be published in the House Calendar. Notice in writing of all committee action taken on a bill or resolution shall be given to the principal author thereof.
No statewide bill directly appropriating money shall be considered by the House until after such bill has been referred to the Ways and Means Committee, provided, however, a statewide bill which directly or by implication provides for per diem, subsistence or mileage in connection with the subject matter of the bill, but does not otherwise directly appropriate money, shall not be required to be referred to the Ways and Means Committee.
After the House sets a bill for Special Order pursuant to Rule 6.3, no point of order may be raised regarding its reference to committee, however, the House by majority vote may commit or recommit a bill or other matter under debate.
No committee action may shall be taken on a bill or resolution except at a regular or called meeting, but this shall not apply to resolutions referred to the Committee on Invitations and Memorial Resolutions.
When any standing committee or subcommittee schedules a public hearing on a bill or resolution, the principal sponsor of such bill or resolution shall be notified of the time and place of such hearing not less than five calendar days prior to the hearing date.
4.5 All meetings of all committees shall be open to the public at all times, subject always to the power and authority of the Chairman to maintain order and decorum with the right to go into Executive Session as provided for in the South Carolina Freedom of Information Act, Title 30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended.
No committee shall file a report unless the committee has met formally at an authorized time and place, with a quorum present. All standing committees of the House shall prepare and make available for public inspection, in compliance with Section 30-4-90 of the 1976 Code of Laws of South Carolina, as amended, the minutes of full committee meetings. Such minutes need not be verbatim accounts of such meetings but shall include those matters required by the above mentioned Freedom of Information Act.
4.6 After twenty days from the date of reference, the Chairman of the Committee in possession of a measure shall, upon written request of an introducer a sponsor or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full committee or subcommittee which shall be no later than seven legislative working days thereafter.
4.7 Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.
4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further, that the Speaker may, in his discretion, commit to a committee any bill or joint resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill or joint resolution as it passed the House. Such bill or joint resolution may be reported out of the committee with a recommendation to concur, nonconcur, or amend and will be placed on the House Calendar under Senate Amendments.
4.9 In all cases the House may resolve itself into a Committee of the Whole. House, and The motion to resolve the House into a Committee of the Whole shall specify the subject(s) to be considered in the Committee of the Whole. in In such the event the House resolves itself into a Committee of the Whole, the Committee of the Whole shall limit discussion to the subject(s) specified in the motion. the The Speaker shall leave the Chair after appointing a Chairman to preside, who shall, in case of disturbance or disorderly conduct, have the power to cause same to be cleared. No bill or resolution may be considered by the Committee of the Whole House, except by a two-thirds vote, unless same has first been considered by the appropriate Standing Committee of the House.
4.10 The Committee of the Whole shall consist of the entire body of members in attendance at the particular meeting of the House. Such committee is a real committee in the parliamentary sense. During the time that a meeting of the Committee of the Whole is held, it is technically not 'the assembly'. The parliamentary steps in making use of a Committee of the Whole are essentially the same as those involved in referring a subject to an ordinary committee.
4.11 The Rules of the House so far as they are applicable, shall be observed in a Committee of the Whole, the Chairman being substituted for the Speaker.
4.12 No Committee of the Whole or other committee shall deface or interline a bill or other paper, referred to it, but shall report any amendments recommended on a separate paper, noting the page and line.
4.13 No person shall be permitted to address the House, or the Joint Assembly, except by written resolution, and such resolution shall be referred to the Committee on Invitations and Memorial Resolutions before being considered by the House. The Committee shall not extend an invitation: (1) to any person individual or group to address the House or the Joint Assembly or to appear unless such person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the State or (2) to any such individual or group for any will present an artistic performance during the established hours of meeting.
Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its Committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May or during the week anticipated for the debate of the State Appropriations Bill.
4.14 No member of a committee shall be allowed under any circumstances to vote by proxy; however, pairing shall be allowed.
4.15 None of the House Rules shall be rescinded, suspended or altered, except by written resolution which has been referred to the Rules Committee, or originates therein, and agreed to by two-thirds of the members of the House present, after the committee has made its report. Provided, that any rule may be amended by a simple majority until the last Thursday in January, 1997 of the House during the month of January of each year.
4.16 a. The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:
(1) upon request of any member, officer or employee of the House of Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest;
(2) to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered;
(3) upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the Committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.
b. All papers, documents and proceedings relating to conduct or disciplinary action against members are confidential and must be handled in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 20 of the South Carolina Appellate Court Rules unless made public by the committee in a report to the House of Representatives.
4.17 The Standing Committees may order to be printed for their use, such papers as shall be referred to them.
4.18 The House shall not resolve itself into Executive Session except under those circumstances permitted by the laws of this State, and then only upon a vote of two-thirds of the membership present and voting, a quorum being present. Upon resolving itself into Executive Session the Halls of the House shall be cleared of all persons except the members of the House, the Clerk of the House and the Sergeant at Arms.
No action shall be taken which violates the Statutory Law of this State and when such action is permissible it shall only be taken upon a two-thirds vote of the membership present and voting, a quorum being present.
5.1 No notice shall be required of a member of his intention to introduce a bill or resolution. Any member may introduce bills or resolutions which shall be received by the House staff whether or not the House is in session. Bills and resolutions so received shall be periodically referred by the Speaker of the House to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the House reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the House, for second reading consideration; provided, however, that bills appropriating revenue shall be referred to the Ways and Means Committee. Provided, further, that bills and resolutions creating study committees shall first be referred to the appropriate standing committee having jurisdiction of the subject matter of the bill or resolution. The Clerk of the House shall establish procedures to notify the House membership on a monthly basis of bills and resolutions introduced during periods when the journal is not printed.
All bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.
In those years in which all seats of the House are up for election, no bill shall be received for prefiling between the dates of adjournment sine die and the date of completion of the Organizational Session of the House.
When the House of Representatives is not in session and bills are being prefiled and assigned to committees, any member who wishes to have their name added as a sponsor of a bill may do so by notifying the Clerk of the House in writing. The Clerk shall then notify the Chairman of the committee to which the bill has been assigned and their name shall be added. If a member wishes to sponsor a bill individually then they shall so indicate on the face of the bill and no additional sponsors shall be allowed.
5.2 Every bill, before presentation, shall have its title endorsed; every report, its title at length,; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed, and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.
And every bill or joint resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes or of any Act of Assembly or Joint Resolution, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution, so sought to be amended or repealed. If this be is not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading that the bill or resolution is being considered by the House.
Every bill or joint resolution proposing to amend any section or clearly identifiable subdivision or portion of a section of any chapter of the General Statutes, or of any Act of Assembly or joint resolution, shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this Rule be is not complied with, the bill or Joint Resolution shall be amended so as to conform to this Rule before it be considered by the House. Any member may require such amendment at any time a bill or resolution not in conformance herewith is being considered by the House.
5.3 General Appropriations Bill & Supplemental Appropriations Bill
A. Certificate: Every General Appropriations Bill and Supplemental Appropriations Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided for is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided for in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and an Appropriations Bill without such certificate shall not be read the first time in the House, but shall be returned to the Committee on Ways and Means by the Speaker. After passage on second reading and before its consideration on third reading, every General Appropriations Bill, and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and if the Budget Division cannot give such certificate, the Speaker shall order the bill recommitted to the Ways and Means Committee.
B. Germaness: The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly with to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills. After passage on second reading and before its consideration on third reading, every General Appropriations Bill, and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided in the Bill, or in any other Bill previously passed by the House for the fiscal year to which the bill is applicable, and if the Comptroller General cannot give such certificate, the Speaker shall order the Bill recommitted to the Ways and Means Committee. After the report of the Committee, any amendment which it shall recommend may be adopted.
C. Report of Conference of Committee: The following requirement applies to the report of the Conference Committee on the Annual Appropriations Bill: Any provision offered for inclusion in the Annual Appropriations Bill which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements.
D. Format of Appropriations Bill: All State Appropriations Bills must be printed at each stage the following stages in their passage so that:
a.1. The House Ways and Means Committee version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee.
b.2. The House version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee and the amounts passed by the House.
c.3. The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee.
d.4. The Appropriations Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund.
5. Provided, further, that:
a. the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart;
b. Provided, further, that minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation;
c. Provided, further, that where the major portion of the operating funds to any department, institution or principal operational division thereof is derived from Federal or other nonappropriated funds, the total appropriation for each major budget classification may be shown and the relative contributions of State and nonappropriated funds therefor shall be shown as completely as possible; and,
d. Provided, that the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.
E. Provided further, that any Any Bill or resolution considered by the House of Representatives, upon second reading, that raises revenue must conform to the provisions of Article III, Section 15 of the South Carolina Constitution.
5.4 No bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.
5.5 No bill or joint resolution shall be introduced as a delegation bill or resolution unless such bill or resolution related only to local matters concerning the county which such delegation represents.
5.6 Except as provided in subsection 5.1, the first reading of the bill shall be by title only. No amendments shall then be in order and the bill shall be referred to some committee, unless the House unanimously agree, without debate, to dispense with reference.
5.7 Upon the second reading of a bill, after all amendments and privileged motions have been disposed of, the question shall be the passage of the bill. Upon a decision in the affirmative, the order shall be made accordingly and the bill shall take its place on the calendar for third reading.
5.8 At the third reading of a bill, the bill shall be read by its title only.
If the bill originated in the House, the question then shall be the passage of the bill. On a bill which originated in the Senate, if no amendment has been made by the House, the question shall be the passage of the bill and in the case of an affirmative vote the title 'Bill' shall be changed to an 'Act' and the Act shall be enrolled for ratification.
If the bill has been amended in the House the question shall be the passage of the bill as amended and in the event of an affirmative vote the bill as amended shall be returned to the Senate.
5.9 All bills and resolutions reported by a committee shall as a matter of course, be printed, together with the report of a committee. A bill or joint resolution shall be reprinted following its second reading, if amended by the House, reflecting the substance of the bill in its amended form. Every committee report which amends the provisions of legislation referred to such committee shall give the full text of the section or clearly identifiable subdivision or portion of a section as it would read with such amendment inserted therein. If this rule is not complied with, the bill or joint resolution committee report shall be amended so as to conform to this Rule before it the bill or joint resolution is considered by the House. This shall be the responsibility of the committee chairman.
5.10 No local bill or joint resolution shall receive a second reading unless printed copies of the same its number and title shall have been laid on the desks of members printed in the House Calendar at least one day prior to such reading. Provided, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to each reading. Provided, further, that no statewide bill or joint resolution shall receive a second reading unless printed copies of the same its number and title shall have been laid on the desks of members printed in the House Calendar at least one statewide legislative day prior to such reading unless said bill or resolution has been set for Special Order consideration as provided for by Rule 6.3(14)(b). Provided, further, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to second reading.
5.11 Any bill, resolution, report or other paper which has been under consideration, may, at the Speaker's discretion, be ordered to be printed for distribution to the members.
5.12 That no No statewide bill or joint resolution, except an appropriations bill, general, supplemental, or deficiency, or a joint resolution approving or disapproving regulations of a state agency shall be considered unless (1) such legislation is introduced in the House prior to April fifteenth of the year in which it is to be considered or (2) such legislation shall have been introduced in the Senate and received prior to May first in the House, unless in either event it was introduced in the previous year and was carried over to the year in which it is to be considered; provided, however, that nothing herein shall prevent a statewide bill or joint resolution from being received, given first reading and referred to the appropriate committee. No such bill or joint resolution shall be placed on the calendar for further consideration unless two-thirds of those members present and voting agree to waive the rule. Once voted on and rejected, no further vote shall be allowed to waive this rule.
The motion to waive this rule shall not be debatable except that the mover shall have the right to make a three minute explanation of his motion.
The provisions of this rule shall apply only to regular sessions of the General Assembly as opposed to special sessions of the General Assembly.
The Speaker or presiding officer shall enforce the deadlines provided by this rule and shall not allow consideration without putting the question of waiver before the House.
5.13 Each bill effecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Auditor appropriate state official or office as may appear appropriate regarding its the bill's effect on the finances of the State. Provided, however, this rule shall not be invoked where the amount is shown in the bill.
Committee chairmen shall satisfy this requirement of a fiscal impact statement prior to reporting a the bill out of committee being considered on second reading.
5.14 The printing of any document required to be printed under the Rules of the House may specifically be dispensed with by two-thirds vote of the membership present and voting of the House, a quorum being present; provided, such vote shall be by roll call vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived. No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House.
5.15 No report of a Committee on Conference or Free Conference, except on local matters, shall be considered until such report has been printed in the Journal and explained by the conferees on the floor of the House. The printing of any document required to be printed under the Rules of the House may specifically be dispensed with by two-thirds vote of the membership present and voting of the House, a quorum being present; provided, such vote shall be by division vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived.
5.16 Should any member seek immediate consideration of any House or Concurrent Resolution, the resolution shall receive immediate consideration unless five members object. If immediate consideration of such resolution is not sought, or in the event five members do object where immediate consideration is sought, the resolution shall be referred to an appropriate committee and shall not be considered by the House until after the committee has made its report and at that time shall take its place on the calendar. Provided, however, a House or Concurrent Resolution concerning Sine Die Adjournment under Article III, Section 21, of the South Carolina Constitution and Section 2-1-180 of the Code of Laws of South Carolina, 1976, shall receive immediate consideration, which shall include the motion to commit or recommit.
A House or Concurrent Resolution sponsored by a committee shall receive immediate consideration if so requested by a member unless five members object in which case it shall take its place on the calendar without the necessity of being referred to a committee. Such resolution shall be printed in the same manner as is prescribed in Rule 5.9 for the printing of bills.
Provided, however, the Clerk shall prepare forms for House Resolutions expressing the sympathy or congratulations of the members of the House. Any member wishing to sponsor such a resolution shall forward in writing on a form prepared by the Clerk information sufficient to prepare the resolution. The Clerk shall prepare the resolution. The Speaker shall sign the resolution on behalf of the membership. Such resolutions shall not be read to the House or printed in the Journal except upon the request of ten members. The Speaker may refer any such resolution to the Committee on Invitations and Memorial Resolutions and, in such event, the resolutions must be approved by the committee or if the committee recommends, by the House.
5.17 (A) Upon the consideration of any statewide uncontested bill or joint resolution an objection or request for debate by five (5) members at any time prevents the consideration of the statewide bill or resolution and it then must be placed upon the statewide contested calendar and remain on it until one (1) or more objections or requests for debate are formally withdrawn from the floor, and if there are not further objections or requests for debate entered at that time bringing so that the total number of outstanding cumulative objections or requests for debate is less than to five (5) or more, the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that statewide day for that bill or resolution.
(B) Upon the consideration of any local uncontested bill or joint resolution an objection or request for debate by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it until one (1) or more objections or requests for debate are formally withdrawn from the floor, and if there are not further objections or requests for debate entered at that time bringing so that the total number of outstanding objections or requests for debate to is less than three (3) or more, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution.
5.18 If any bill or resolution shall be recommitted to a committee or referred to the same committee or another committee retaining its place on the calendar, the same may be listed on the calendar by number only until it is returned to the floor for debate or such action as may be appropriate.
Any bill, resolution or report upon which debate has been adjourned may be listed on the calendar by number only until the date for consideration has been reached.
5.19 a. No member shall speak more than twice on the main question of a bill or resolution being considered for any reading and not longer than sixty minutes for the first speech nor 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 No member shall he speak more than twice upon an amendment or a motion to reconsider that is debatable or a motion to reconsider, and then not longer than ten minutes each time. No member shall speak more than twice on Senate Amendments to a House Bill and not longer than sixty minutes for the first speech nor 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. 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.
b. Subsection (a) of this rule shall be applicable on a section by section basis on debate upon the General Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.
c. The motion to grant Free Conference Powers is not debatable. No member shall speak more than twice on the question of adoption of a Conference or Free Conference Report and not longer than sixty minutes for the first speech nor 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. Furthermore, the question of adoption of a Conference or Free Conference Report is subject to the provisions of Rule 8.6.
5.20 Notwithstanding the provisions of any other House rule, no House or Concurrent Resolution memorializing the Congress of the United States, the President of the United States, or any state or federal department, agency, or official shall receive immediate consideration but shall be referred to the Committee on Invitations and Memorial Resolutions and shall remain in such committee unless three members of the committee vote to report the resolution out of committee. No such resolution may be recalled from committee.
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 shall be decided without debate.
Provided, further, that during the first six weeks of the legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:15 p.m. adjournment on Tuesdays shall not apply when the General Appropriations Bill is under consideration by the House.
Provided, further, that during the first six weeks of legislative sessions, 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. 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.
6.2 All questions as to priority of business, or as to the time when any matters shall be considered or ordered for consideration and as to a departure from the regular order of business shall be decided without debate.
6.3 When the House shall not direct a different course, which, at any time, in any particular not forbidden by these Rules, it may do, the The following order of business shall be enforced every day by the Speaker, except that Special Orders as defined in subsection 14a of this rule shall be considered at the time and place set.
1. a. Prayer;
b. Pledge of Allegiance to the flag of the United States of America;
2. corrections to the Journal;
3. receipt of communications including messages from the Senate;
4. reports of committees including Conference and Free Conference;
5. First reading of House Resolutions, Concurrent Resolutions, Committee Reports on Resolutions, Joint Resolutions, and Bills upon the desk;
6. call of the roll of the House;
7. a. consideration of local uncontested bills and joint resolutions on third reading;
b. consideration of local uncontested bills and joint resolutions on second reading.
8. a. consideration of statewide uncontested bills and joint resolutions on third reading;
b. consideration of statewide uncontested bills and joint resolutions on second reading;
9. withdrawal of objections and requests for debate;
10. consideration of pending motions to reconsider;
11. a. consideration of unanimous consent requests;
b. consideration of local contested bills and joint resolutions on third reading;
12. consideration of statewide contested bills and joint resolutions on third reading in the order in which they appear on the Calendar;
13. a. motion period;
b. consideration of local contested bills and joint resolutions on second reading;
14. consideration of statewide contested bills and joint resolutions on second reading in the order in which they appear on the Calendar;
a. Notwithstanding the order of business set forth in Rule 6.3 a matter may be set for Special Order for consideration on a particular day at a particular hour or at a particular place on the Calendar.
b. Special orders may be set for appropriations bills and local bills by majority vote of the House. Special orders on all other bills on the Calendar shall be set only by written resolution, which has been referred to the Rules Committee or originates therein, and agreed to by two-thirds of the members of that committee and agreed to by majority of the members of the House present after the committee has made its report; provided, however, that notwithstanding the provisions of Rule 9 governing the amendability of bills and resolutions, no amendments may be offered to any special order resolution which amendments do not pertain to the bill which is the subject of the special order resolution, except as to the time and date called for in such resolution.
Provided, that for the purpose of explaining any special order resolution the time limit for opponents shall not exceed five minutes and the time limit for proponents shall not exceed five minutes.
c. A Special Order set for a certain day and hour, not being considered by the House at the hour named shall be transferred by the Clerk of the House to the Special Orders of the following day until disposed of, in the chronological order of original appointment.
Any member may insist upon a Special Order of the Day, or other Special Orders, until it be discharged.
d. The motion period provided for the daily order of business under Rule 6.3 shall be limited to ten minutes only.
Provided, however, that time consumed by roll call votes shall not be construed as part of time allotted to said motions period.
Provided, further, that during a motion period no motion shall be withdrawn after a substitute has been offered therefor.
e. Consideration of uncontested local bills and joint resolutions on third and second readings as provided in subsection 7a and b of this rule shall be limited to a total of ten minutes only. Consideration of contested local bills and joint resolutions on second and third readings as provided in subsections 11b and 13b of this rule is limited to a total of ten minutes for second reading bills and joint resolutions and ten minutes for third reading bills and joint resolutions.
f. Consideration of uncontested statewide bills and joint resolutions on third and second readings as provided in subsection 8a and b of this rule shall be limited to a total of thirty minutes only.
g. No debate shall be allowed in the uncontested period, provided, however, the Speaker may recognize a proponent and opponent of any uncontested bill or joint resolution for a brief explanation of their position.
h. Consideration of unanimous consent requests as provided for in subsection 11 of this rule shall be limited to five minutes only. No unanimous consent requests except those unanimous consent requests dealing with the pending matter may be considered at any time other than during the time provided for in subsection 11 of this rule.
6.4 A debate interrupted by a simple adjournment shall afterwards be resumed at the point of interruption as if debate had been formally adjourned. A matter interrupted by a call for the Orders of the Day shall, after the Orders have been disposed of, be resumed at the point of interruption before any other question.
6.5 Messages may be received at any time while the door is open, except while a question is being put, or a ballot, or a viva voce vote is taken. A message shall be presented to the House by the Speaker when received, or afterwards, according to its nature, and the business in which the House is engaged; or its consideration may, on motion, be ordered by the House.
6.6 In all particulars not determined by these Rules, or by the laws of the Constitution of this State, or of the United States, the practice of this House shall conform to its previous usage, or be guided by parliamentary law as it may be collected from the best authorities, Mason's Manual of Legislative Procedure being the preferred parliamentary authority.
7.1 If, upon a question by acclamation, the Speaker doubts, or a division be called for, the House shall proceed with a division vote by voting on the electronic roll call board. divide by those in the affirmative first rising from their seats, then those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name one member from each side to tell the numbers in the affirmative and those in the negative, and from their report shall state the decision. Provided, that When division votes shall be are made by use of the electronic roll call equipment, but no individual votes shall be recorded. The Speaker shall state: 'The pending question for division vote is ........ (designating the matter to be voted upon).' The Speaker shall then unlock the voting machine and announce: 'The members shall now proceed to vote.' that voting will proceed. He shall then sound the bell. Thirty seconds after the bell has been sounded, the Speaker shall then announce that the voting is closed, shall lock the machine, and instruct the Clerk to report the totals. Thirty seconds after the announcement of the commencement of the vote on the board, the Speaker shall then announce that voting is closed and shall lock the machine and instruct the Clerk to report the totals tabulate the vote on the electronic roll call board. The Speaker shall then announce the result of the vote.
7.2 Upon any question, at the request of any ten members who may signify their requests by rising raising their hands, the yeas and nays shall be ordered; whereupon, at the decision, the electronic roll call system shall be used and the procedure provided for in Rule 7.3 shall be followed.
7.3 a. When the House is ready to vote upon any question requiring the yeas and nays and the vote is to be taken by the electronic roll call system, the Speaker shall state: 'The pending question is ...... (designating the matter to be voted upon)' The Speaker shall then unlock the voting machine and announce: 'The members shall now proceed to vote.' 'Roll call vote. Voting on the board.' He shall then sound the bell. Once the voting has begun, it shall not be interrupted, except for the purpose of questioning the validity of a member's vote before the result is announced.
b. Two minutes after the bell has been sounded, the Speaker shall ask the question: 'Have all members present voted?' After a pause, the Speaker shall then lock the machine and instruct the Clerk to record tabulate the vote on the electronic roll call board. and the The Speaker shall then announce the result of the vote.
c. After the voting machine is locked, no member may change his vote and the votes of tardy members shall not be counted.
d. Subject to the provisions of Rule 2.10, the vote as electronically recorded on the roll of members shall not in any manner be altered or changed by any person.
e. No member shall vote for another member, nor shall any person not a member vote for a member. Any member who shall vote or attempt to vote for another member or a person not a member who shall vote or attempt to vote for a member may be punished in such manner as the House determines.
f. Any member or other person who wilfully tampers with or attempts to disarrange, deface, impair or destroy in any manner whatsoever the electronic voting equipment or who destroys or changes the record of votes thereon shall be punished in such manner as the House determines.
Provided, however, the minimum penalty for violation of Rule 7.3 shall be a public reprimand.
g. A member who has been appointed by the Speaker to preside as Speaker Pro Tempore The Speaker Pro Tempore or a member who has been appointed by the Speaker to preside may designate another member to cast his vote on any question while he is presiding in accordance with his instructions from the Chair.
h. A member recorded as voting while absent from the chamber shall present to the presiding officer an affidavit attesting to this fact. Any member may also report to the presiding officer his knowledge that another member was recorded as voting while absent from the chamber. If the affidavit of the member whose vote is in question is presented within forty-eight hours of the vote, the presiding officer shall adjust the vote totals to reflect the affidavit and order action on the question in accordance with the adjusted vote total. If the member filing the affidavit or any other member has knowledge of the identity of the person who voted for him while absent, he shall present this information to the presiding officer who shall refer it to the Ethics Committee for consideration of any recommendation of punishment in accordance with this rule.
i. Each member must shall be issued one key by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key may not be duplicated by the member nor may a duplicate be issued to a member. The key must not be left in the key lock at any time while the member is not within the outer doors of the Chamber. If a member loses his key, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key while the House is in session, the Sergeant at Arms will provide a temporary key to that member at the member's request for that day only, and that key may not be removed from the House Chamber.
7.4 If the electronic roll call machine is declared by the Speaker of the House to be inoperative, the 'Yeas' and 'Nays' shall be taken by the Reading Clerk calling each member's name in alphabetical order and each member responding by answering simply: 'Yea' or 'Nay'. Every Each member who may be in the House when called may give his vote.
Provided, further, that when the electronic roll call system is being used to record votes, the doors shall not be closed and members shall be permitted to vote as provided in Rule 7.3.
7.5 No member shall, under any circumstances, be permitted to vote after a decision shall have been announced by the Chair. After the decision of the question, a member absent may be permitted to record the vote he would have given if present, but such vote shall not affect the previous question.
7.6 No member shall be permitted to explain his vote during a roll call, but may reduce his explanation to writing, in not more than 200 words, and upon filing said explanation with the Clerk, this explanation it shall be entered upon in the Journal.
7.7 When the pending question is the passage of any bill or resolution on the contested Calendar on second reading, the yeas and nays shall always be taken by roll call and the votes thereon shall be recorded in the Journal.
7.8 Pairing shall be permitted only upon the absence of a member for good cause and shall be in writing and specifically state the bill or bills or questions upon which pairs are arranged. Pairs shall be filed with the Clerk and recorded in the Journal as an indication of how absent members would have voted. The present member need announce only that he is paired as an explanation of why he is not voting.
8.1 No motion shall be debated until it shall have been stated by the Speaker. Any motion shall, if desired requested by the Speaker or any other member, must be reduced to writing and delivered at the desk and read, before it shall be debated.
8.2 The mover may withdraw any question or proposition before an amendment or decision, after the same has been ordered, except after a demand for the yeas and nays and except after the previous question has been ordered.
8.3 No dilatory motion or amendment shall be entertained by the Speaker, prior precedents to the contrary notwithstanding.
8.4 A question before the House shall be suspended by:
1. a message;
2. a report or resolution of the Committee on Rules, Conference, Free Conference or Invitations;
3. a question of order;
4. a question of privilege;
5. a question of taking recess;
6. any other incidental questions, such as of reading papers, dividing a question, withdrawing a motion, excusing a member from voting, or the like; . of which Provided, further, the five first named may suspend even a speech; provided, that the fifth, if once negatived, be shall not be received during the same speech without the assent consent of the member speaking.
8.5 When a question is under debate only those motions herein below shall be received and notwithstanding the provisions of any other Rule, none of such motions except the motion to adjourn or recede, a motion to continue, or a motion for the previous question shall be considered until the conclusion of such debate. Such motions shall require a simple majority vote unless otherwise specified herein:
1. to adjourn or recede;
2. to continue;
3. to lay on the table;
4. for the previous question (fifty percent of those present and voting, a quorum being present, plus five when a member has the floor at the time the motion is made);
5. to postpone indefinitely, or to a day beyond the session;
6. 5. to adjourn the debate to a certain day within the session;
7. 6. to commit or recommit.
These motions shall have precedence in the order in which they are hereinabove arranged.
Provided, a motion to reconsider shall be received and noted while a speech is being made but notwithstanding the provisions of Rule 8.14, shall be considered immediately after disposal of the pending matter or pursuant to Rule 6.3, subparagraph 10, whichever shall come first.
8.6 The previous question upon any matter may be invoked as follows:
a. Immediate cloture. Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The sponsor proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill as and if amended, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.
Provided, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five.
b. Delayed cloture. Upon an affirmative vote upon a motion for the previous question to take effect in two hours (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate, and a simple majority vote at all other times), the previous question will be invoked to take effect two hours from the time such affirmative vote is made, provided that such two-hour period may not be extended and may not be shortened if five (5) members object. After the previous question is in effect pursuant to this subsection, consideration of amendments and further debate shall proceed in the same manner and under the same limitations as those set forth in subsection (a) of this rule, including that no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor.
Provided, further, that during the two-hour period immediately preceding delayed cloture, but after the vote for same, all actions otherwise possible, including putting amendments on the desk, may be accomplished.
8.7 A motion to recess may state the time for reconvening and in the absence of such time stated, reconvening shall be at the call of the Chair. The Speaker may at anytime, unless a member objects, order the House to stand at ease to be reconvened at the call of the Chair.
8.8 A motion to strike out the enacting words of a bill, or resolving words of a resolution shall have precedence of a motion to amend, and, if carried, shall be considered as equivalent to rejection. (Reserved)
8.9 When a motion is made during a motion period, the Speaker shall entertain but two substitute motions which shall be considered in their inverse order one motion at a time and there shall be no substitute motions considered. The same motion may be entertained consecutively during the motion period.
8.10 Any member may without debate, call for the division of a question, and the House may divide the question if it shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entirely on its own entire for decision. A motion to strike out and insert shall be deemed indivisible, but a motion to strike out being lost shall not be deemed equivalent to agreement, nor shall it preclude either amendment or a motion to strike out and insert.
8.11 a. The following motions must shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
to adjourn;
to take a recess;
to continue;
to commit or recommit;
to lay on the table;
for the previous question;
to proceed to the orders of the day;
to postpone indefinitely, or to a day beyond the session;
to adjourn a debate;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to adjourn;
to recede;
to continue;
to lay on the table;
for the previous question (unless it is made when a member has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
b. The following motions must shall not be permitted at the same stage of the bill or proposition after until one hour of time has elapsed since the same question was before negatived:
for the previous question;
to lay on the table;
to postpone or adjourn a debate;
to continue;
to commit or recommit;
to recur to the morning hour.
8.12 Motions to adjourn, to recede, and to recede subject to the call of the Chair, shall always be in order, except while the House is actually engaged in deciding a question by yeas and nays, or in voting viva voce, or in balloting;. but However, if a motion to adjourn, or to take a recess, having has been negatived, no new motion to adjourn or take a recess shall be in order until fifteen minutes shall have elapsed from the decision of the former motion, even though such motion to recede might be to recede to a different time.
8.13 Indefinite postponement shall dispose of the question. (reserved)
8.14 When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may, on the same day or the next day of the sitting of the House, move for a reconsideration thereof, and the House if in session for Statewide statewide Matters matters, and at any time other than while Special Orders are being considered, shall immediately have the question of reconsideration before it, except when Special Orders are being considered. If the House is not in session for Statewide statewide Matters matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.4 6.3. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made.
Provided, that the a motion to reconsider shall not be allowed if the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall not have gone out of the possession of the House.
A motion to reconsider may be laid on the table. without affecting the question with reference to which the same is made; and if If such motion be laid on the table, it shall be deemed a final disposition of the motion.
8.15 A member may move to continue a matter, when called on the calendar, to the next session; and if the House agrees thereto, the matter shall be thereupon continued, and the Clerk of the House shall make up a Calendar of all the matters so continued, placing the same thereupon, in the order in which they have been continued. , and at At the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued and shall have priority according to the last order for consideration made upon them.
If a motion to continue, having received an affirmative vote, shall be reconsidered and thereupon such motion to continue shall receive a negative vote, the matter shall be immediately taken up and the member having the floor at the time the debate was interrupted shall resume taken up in its original place on the calendar.
9.1 A bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such bill as amended shall be printed, placed on the House Calendar, and shall not be read until such printed copy has been on the desks of the members for considered until its number and title shall have been printed in the House Calendar for at least one statewide day previous prior to such reading. Provided, however, that this requirement shall not apply to local bills; nor shall this requirement apply to bills returned from the Senate with amendments during any extension of the session under Section 2-1-180 of the Code of Laws of South Carolina, 1976, or to bills returned from the Senate with amendments during an extra session pursuant to Article IV, Section 19, of the South Carolina Constitution.
The consideration of amendments shall have precedence over a motion to either concur or nonconcur in the Senate amendments. Once the matter is amended and all pending amendments are considered, then said bill is returned to the Senate for consideration.
If no amendments have been adopted by the House then the question shall be: 'Will the House agree to the Senate amendment?' A decision in the negative shall be a rejection. Upon a decision in the affirmative, the title of the bill shall be changed to an Act, and ordered to be enrolled.
9.2 At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any bill to raise supplies or to make appropriations bill, such as may be pertinent to the bill. ; and, the The chairman of any committee may (if he has given notice at the second reading of his intention to offer an amendment at the third) be permitted to offer a technical amendment to any bill which has been reported from his committee; and,
Provided, that the House may, in its discretion, commit or recommit any bill at its third reading; and after the report of the committee any amendment which it shall recommend may be adopted.
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.
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 Only the following persons, and no others, shall be admitted within the Hall at any time House Chamber during a session of the House unless otherwise authorized by House Resolution. ; namely,
The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; the present members, and officers, and employees of the Senate; the present members and employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses; 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 has filed as a candidate or 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 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 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. recommending to the House which invitations should be accepted.
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 appoint one individual 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 shall 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. (Reserved)
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 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 authorizing such special presentations shall provide for the allotted time and date for the presentation. and date shall prevail. This rule does not apply to a concurrent resolution.
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." shall be held pursuant to the South Carolina Freedom of Information Act, Title 3, Chapter 4, of the Code of Laws of South Carolina with the right to go into Executive Session as provided in the South Carolina Freedom of Information Act."
Rep. D. SMITH explained the House Resolution.
Rep. D. SMITH continued speaking.
Rep. KIRSH proposed the following Amendment No.1 (Doc Name P:\AMEND\PT\2837DW.97), which was tabled.
Amend the resolution, as and if amended, Rule 5.3 by adding:
/E. No bill, joint resolution, or amendment appropriating adjusted surplus general fund revenues may be considered in the House before the Comptroller General closes the state's books on the fiscal year in which the surplus occurred. For purposes of this section, adjusted surplus revenues are general fund revenues in a fiscal year in excess of the general fiscal revenue estimate contained in the annual general appropriations act applicable for that year, unreduced by the setaside required pursuant to Section 11-11-140 and amounts transferred to the General Reserve Fund. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Rep. KIRSH propose(s) the following Amendment No. 3 (Doc Name P:\AMEND\PT\2834DW.97), which was tabled.
Amend the Resolution, as and if amended, Rule 5.10 is amended to read:
/ 5.10 No local bill or joint resolution shall receive a second reading unless printed copies of the same its number and title shall have been laid on the desks of members printed in the House Calendar at least one day prior to such reading. Provided, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to each reading. Provided, further, that no statewide bill or joint resolution shall receive a second reading unless printed copies of the same its number and title shall have been laid on the desks of members printed in the House Calendar at least one statewide legislative day prior to such reading unless said bill or resolution has been set for Special Order consideration as provided for by Rule 6.3(14)(b). Provided, further, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to second reading. Provided further, that when a bill or resolution is reported out of a standing committee of the House of Representatives, except the General Appropriations Bill, there must be attached and printed as a part of the committee report a summary of the bill or resolution prepared by the staff of that committee which may be no longer in length than one printed page. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. D. SMITH moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Beck Boan Bowers Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jennings Kelley Kinon Klauber Knotts Koon Law Leach Limbaugh Loftis Martin Mason McKay McMaster Mullen Parks Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Bailey Battle Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Davenport Delleney Gourdine Govan Harris, J. Hines, J. Hines, M. Howard Jordan Keegan Kirsh Lee Lloyd Mack Maddox McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Whipper Wilder Wilkes Young-Brickell
So, the amendment was tabled.
Reps. SHEHEEN, WILKINS and D. SMITH proposed the following Amendment No. 4 (Doc Name P:\AMEND\JIC\5281HTC.97), which was adopted.
Amend the resolution, as and if amended, page 14, by striking rule 4.8 and inserting:
/ 4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further that the Speaker may, in his discretion, commit to a committee any bill or joint resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill or joint resolution as it passed the House. Such bill or joint resolution may be reported out of the committee with its recommendation and shall be placed on the calendar under second reading and proceed through the calendar. If not amended it shall be enrolled as an act and ratified. If said bill or joint resolution shall be amended, it shall be returned to the senate at the conclusion of the process as a house amendment./
Amend further, Rule 7.1, page 30, line 18, by striking the period and inserting /. If the electronic roll call board malfunctions, the Speaker shall proceed to call the division vote by voice vote./
Amend further, page 43, by striking Rule 10.10, and inserting:
/ 10.10 Meetings of a legislative caucus as defined in Section 2-17- 10(1), 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. Provided, however, the meeting of the legislative caucus may go into executive session pursuant to the South Carolina Freedom of Information Act, Title 3, Chapter 4 of the Code of Laws of South Carolina, 1976. /
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Resolution, as amended, was adopted.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3219 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 1997, AT THE KOGER CENTER FOR THE ARTS.
At 3:20 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Mary Howell Taylor, to meet at 10:00 A.M. tomorrow.
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