Indicates Matter Stricken
Indicates New Matter
Pursuant to Article III, Section 9, of the Constitution, the members of the House of Representatives from the several districts of this State assembled in the Hall of the House of Representatives in the Capitol, in the City of Columbia, this day, and were called to order at 11:00 A.M. by Sandra K. McKinney, the Clerk of the Late House of Representatives.
Deliberations were opened with prayer by the Chaplain of the late House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
As we have gathered this day to plan and prepare for the days ahead, we pray, Father God, that You would give us the wisdom for the best. And then, the determination to follow that vision. Keep us steadfast in our service to our beloved State and its citizens. Print indelibly upon our minds that what we are is God's gift to us; what we do for others is our gift to God. May we see each yesterday as history, and learn from it; each tomorrow as a challenge, and be excited by it; each today as a gift, and be thankful for it. Use us, Lord, use us. 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 Rep. M. HINES.
The CLERK of the late House announced that the first business in order was the election of a Temporary CHAIRMAN.
Rep. H. BROWN nominated Rep. CARNELL.
On motion of Rep. H. BROWN, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The CLERK of the late House appointed Reps. Klauber, Stille and Wilder to escort Rep. CARNELL to the rostrum.
Rep. CARNELL presented his credentials and the oath of office was administered to him by the CLERK.
Rep. CARNELL thereupon took the Chair.
First, let me thank all of you for this great honor. To be the first house member to preside over this great body in our new, renovated State House. The most beautiful State in the Nation.
When I was first elected this State House housed two branches of State Government: the Legislative Branch and the Judicial Branch. Gov. Hollings had moved the Governor's Office to the Wade Hampton Building. During my second term in the House, the Governor's Office was moved back to the State House, thereby housing all three branches of Government. Then in 1968 the Supreme Court moved to the Post Office Building.
Again, let me thank you for this honor.
The Temporary CHAIRMAN appointed Mrs. Sandra K. McKinney to act as Temporary Clerk; James L. Mann Cromer, Jr. as Temporary Reading Clerk, and Mr. Mitchell Dorman as Temporary Sergeant at Arms.
November 30, 1998
House of Representatives
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, S.C. 29211
Dear Ms. McKinney:
The State Election Commission has certified to this office that the persons listed on the attached sheet, incorporated in and made an official part of this certification, received the greatest number of votes cast for the House of Representatives at the general election held in South Carolina on November 3, 1998.
The members are hereby certified as set forth in the attached pages as the duly and properly elected members of the House of Representatives.
Sincerely,
/s/Jim Miles
Secretary of State
District 1 J. Gresham Barrett (R)
District 2 Bill Sandifer (R)
District 3 Bud Webb (R)
District 4 Teddy N. Trotter (R)
District 5 Alfred B. Robinson, Jr. (R)
District 6 Chuck Allen (D)
District 7 Ronald P. Townsend (R)
District 8 Becky R. Martin (R)
District 9 Jesse Cordell Maddox, Jr. (D)
District 10 Daniel T. Cooper (R)
District 11 Harry C. Stille (D)
District 12 Anne Parks (D)
District 13 James S. Klauber (R)
District 14 Marion P. Carnell (D)
District 15 Donny Wilder (D)
District 16 J. Adam Taylor (R)
District 17 Harry F. Cato (R)
District 18 Lewis R. Vaughn (R)
District 19 Dwight A. Loftis (R)
District 20 Glenn Hamilton (R)
District 21 Bob Leach (R)
District 22 Terry Edward Haskins (R)
District 23 Fletcher N. Smith, Jr. (D)
District 24 David H. Wilkins (R)
District 25 Willie B. McMahand (D)
District 26 Rex F. Rice (R)
District 27 Michael E. Easterday (R)
District 28 Daniel L. Tripp (R)
District 29 E. DeWitt McCraw (D)
District 30 Olin R. Phillips (D)
District 31 Brenda Lee (D)
District 32 William Douglas Smith (R)
District 33 Lanny F. Littlejohn (R)
District 34 John D. Hawkins (R)
District 35 Stephen P. Lanford (R)
District 36 Rita Allison (R)
District 37 G. Ralph Davenport, Jr. (R)
District 38 Robert E. Walker (R)
District 39 Molly M. Spearman (R)
District 40 Walton J. McLeod (D)
District 41 Timothy C. Wilkes (D)
District 42 Ronald N. Fleming (R)
District 43 F.G. Delleney, Jr. (D)
District 44 William D. Boan (R)
District 45 Eldridge R. Emory (D)
District 46 J. Gary Simrill (R)
District 47 Herbert Kirsh (D)
District 48 Becky Meacham (R)
District 49 Bessie Moody-Lawrence (D)
District 50 Grady A. Brown (D)
District 51 Ralph W. Canty, Sr. (D)
District 52 Robert J. Sheheen (D)
District 53 C. Anthony Harris, Jr. (D)
District 54 Douglas Jennings, Jr. (D)
District 55 Jackie Hayes (D)
District 56 Denny W. Neilson (D)
District 57 James A. Battle, Jr. (D)
District 58 Liston D. Barfield (R)
District 59 Mack T. Hines (D)
District 60 Woodrow M. McKay (R)
District 61 Harry R. Askins (D)
District 62 Jesse E. Hines (D)
District 63 James G. McGee III (R)
District 64 C. Alexander Harvin III (D)
District 65 Jay Lucas (R)
District 66 Gilda Cobb-Hunter (D)
District 67 E. B. "Mac" McLeod, Jr. (D)
District 68 Thomas D. Woodrum (R)
District 69 John W. "Bill" Riser (R)
District 70 Joseph H. Neal (D)
District 71 Richard M. Quinn, Jr. (R)
District 72 James E. Smith, Jr. (D)
District 73 Joe E. Brown (D)
District 74 Todd Rutherford (D)
District 75 James H. Harrison (R)
District 76 Leon Howard (D)
District 77 John L. Scott, Jr. (D)
District 78 Joel Lourie (D)
District 79 Bill Cotty (R)
District 80 Jimmy Bales (D)
District 81 Rudolph M. Mason (R)
District 82 William Clyburn (D)
District 83 Scott Beck (R)
District 84 J. Roland Smith (R)
District 85 Andre Bauer (R)
District 86 Charles R. Sharpe (R)
District 87 Larry L. Koon (R)
District 88 John M. "Jake" Knotts, Jr. (R)
District 89 Dr. Margaret J. Gamble (R)
District 90 Thomas N. Rhoad (D)
District 91 Wilbur L. Cave (D)
District 92 Shirley Hinson (R)
District 93 Harry L. Ott, Jr. (D)
District 94 Converse Chellis III (R)
District 95 Jerry N. Govan, Jr. (D)
District 96 Elsie Rast Stuart (R)
District 97 George H. Bailey (D)
District 98 Annette Young-Brickell (R)
District 99 Henry E. Brown, Jr. (R)
District 100 James N. Law (R)
District 101 Kenneth Kennedy (D)
District 102 Amos L. Gourdine (D)
District 103 Theodore A. Brown (D)
District 104 Tracy R. Edge (R)
District 105 William D. "Billy" Witherspoon (R)
District 106 Thomas G. Keegan (R)
District 107 Mark S. Kelley (R)
District 108 Vida O. Miller (D)
District 109 David Mack III (D)
District 110 H. B. "Chip" Limehouse III (R)
District 111 Floyd Breeland (D)
District 112 George Campsen III (R)
District 113 Mickey Whatley (R)
District 114 Robert W. Harrell, Jr. (R)
District 115 Lynn Seithel (R)
District 116 Curtis B. Inabinett (D)
District 117 Thomas M. Dantzler (R)
District 118 Jackson S. Whipper (D)
District 119 John Graham Altman III (R)
District 120 William K. Bowers (D)
District 121 Walter P. Lloyd (D)
District 122 Clementa C. Pinckney (D)
District 123 JoAnne Gilham (R)
District 124 Edie Rodgers (R)
The TEMPORARY READING CLERK of the late House then commenced a call of the members-elect of the House of Representatives by roll call resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Spearman Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
The foregoing were then sworn in by the Temporary CHAIRMAN.
The SPEAKER granted Rep. HASKINS a leave of absence for the day due to illness.
The SPEAKER granted Rep. WHATLEY a leave of absence for the day due to illness.
The Temporary CHAIRMAN announced that nominations were in order for a SPEAKER.
Rep. ROBINSON nominated Rep. DAVID H. WILKINS of Greenville as follows:
Mr. Chairman, Governor Beasley, Governor-elect Hodges, Susan Wilkins, James Wilkins and my distinguished colleagues:
"Today I rise to place into nomination for the office of Speaker of the South Carolina House of Representatives the Honorable David Horton Wilkins. While it indeed is an honor and privilege for me to nominate Representative Wilkins to serve us again as Speaker, I unequivocally can commend him to you for two very good reasons. First and foremost, he already has garnered our overwhelming support through our commitments to him. Second and equally important, he possesses those characteristics making him uniquely qualified to serve as Speaker of the South Carolina House of Representatives.
For those of us who have served with David Wilkins, we are familiar with his rise to the position of Speaker of this institution. Yet, it is his qualities as a person which stand out most distinctly, and which have served him unfalteringly throughout his career. I would highlight for you only a few of those sterling qualities. David Wilkins is a person of impeccable character, epitomizes the fair and honest man, and is an individual of great integrity. It is his outstanding character, not just his reputation, which is the foundation for his leadership abilities. As the legendary basketball coach John Wooden once said:
Be more concerned with your character than with your reputation. Your character is what you really are while your reputation is merely what others think you are. David Wilkins is an optimist who seeks solutions to the myriad opportunities facing South Carolina. He is a committed, energetic, public servant whose leadership abilities transcend political partisanship. He forges solutions by reaching out and listening to others regardless of race or gender. Norman Vincent Peale could have been describing David Wilkins when he exhorted us all to:
Become a possibilitarian, no matter how dark things seem to be or actually are, raise your sights and see possibilities - always see them, for they're always there.
When one thinks of industriousness, then David Wilkins quickly comes to mind. His limitless work ethic, coupled with his fathomless desire, affords all of us opportunities to apply ourselves and pursue our interests. Yet, David Wilkins is also a patient man who gives of his time and talents and always is willing to listen.
Finally, the word 'success' is a byword of David Wilkins' career. Not only has he been successful in working for the best interests of the citizens of District 24, he also has been successful in working for the best interests of the citizens of the State of South Carolina. His dream is for each of us to be successful, and for this institution to be successful as we debate the issues facing South Carolina. As we all know, success does not come easy. As Booker T. Washington once wrote:
I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which one has overcome while trying to succeed.
David Wilkins has led us over many obstacles in the past, and has earned our trust to continue to lead this institution as our speaker.
In closing, Mr. Chairman, I nominate David Horton Wilkins for consideration as the Speaker of the South Carolina House of Representatives."
On motion of Rep. SHARPE, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The Temporary CHAIRMAN appointed Reps. BARFIELD, GAMBLE, YOUNG-BRICKELL, LEACH, RHOAD and SCOTT to escort the SPEAKER-ELECT to the desk where the oath of office was administered unto him by the Temporary CHAIRMAN.
SPEAKER WILKINS thereupon took the Chair and addressed the House as follows:
"Governor Beasley, Governor-elect Hodges, ladies and gentlemen of the House and honored guests, thank you for that warm reception. And to my friends in the House, a special thank you for again giving me the great privilege of being your Speaker.
You honor me with your support and trust and I pledge at all times to give you my very best.
Many of you have just come through a tough election. So congratulations to you and welcome to our eleven new members.
It takes a lot of courage to seek public office and put your name on that ballot, because you dare to fail in public. Most people aren't willing to take that risk.
I'm proud of all of you, of what you've accomplished, and all that you will accomplish.
And I'm glad that my wife, Susan, is once again here with me to share this special occasion. She's my best friend, my conscience, my compass, and my closest ally.
Susan, and our sons, James and Robert, have shared the legislative arena with me since I was first elected 18 years ago. The boys were just three and four back then.
And as Susan and I watch them grow and mature, they serve as constant encouragement: to do more, to work harder, to help make South Carolina a place they'll want to raise their families.
James and Robert are both college students now. Robert is back at Wofford...hopefully in class or studying for exams as we speak.
But I'm thrilled James is here with us today. He's been away at college in Virginia the past few years, so this is his first opportunity to see his Dad being sworn in as Speaker.
There are also two former House members who honor us with their presence today.
First is our Governor, David Beasley.
Governor Beasley has provided tremendous leadership to our State these past four years.
His legacy is one of unprecedented economic opportunity in South Carolina, working with us to create one of the healthiest economies of any state in the Nation.
As you know, the Beasleys are expecting their fourth child in just a few days now. And I know I speak for everyone here when I wish David, Mary Wood and their family good luck and Godspeed.
And Governor, I want you to know that on behalf of the South Carolina House of Representatives, we appreciate your service and friendship to our State.
We will miss you. Please stand and be recognized by the House. Governor-elect Hodges, I want to welcome you back to the House, which was your second home for more than eleven years.
You certainly know this body...and its members...well.
You served admirably as a representative, and you and I worked together very closely on the House Judiciary Committee for many years. On behalf of the House, I pledge to you our friendship and our support. We all need to work together, to seek areas of cooperation, not confrontation.
We did it before and we will do it again. And I look forward to working with you.
Thank you for being with us. Please stand and be recognized by the House.
I also want to say to our friend, Billy Boan, we will miss you. You demonstrate what being a dedicated public servant is all about.
We're sorry you're leaving us but we look forward to working with you in your new position.
It's wonderful to be back in our historic State House which welcomed its first members in 1869.
This is the chamber where the dreams and hopes of our people have been nurtured and defined for well over a century.
In one respect our place in history is already secured. No other legislative body in our state's history has been where the voters have placed us today, for we will bridge not only two centuries, but two millennia.
Historians will note this unique distinction. But more important is how they will treat the substance of what we do at this special time.
This session is not a new beginning, but a continuation of a collective vision expressed by the House in recent years: a vision of which we can all be very proud.
A vision about families, about their children. About their hopes and dreams and opportunities. It's about better education and higher paying jobs. Lower taxes and smaller government.
And that vision continues into this legislative session as we build on our success.
Today, South Carolina's economy is stronger than ever.
We've crafted pro-business laws to help us compete for the first time on an international level for jobs and investment.
By any measure, we are not at the bottom but near the top in economic development. Record investments in our State. Record-low unemployment.
In fact, the Wall Street Journal recently reported that our economy is on fire.
South Carolina is working. And any attempt to tamper with this pro-business environment should be met with a resounding no from the House.
It was this body that set in motion historic education reform through record funding, teacher pay above the southeastern average and an increase in high school credits.
We put rigorous standards in place and put technology at the fingertips of students in every South Carolina school. And we completely funded full-day kindergarten.
And this year, because of legislation written in this body, thousands of our students are attending college virtually free because of our LIFE scholarship program.
We've laid the foundation for continued improvements and progress in education.
But we all know there is much work to do and the voters sent a clear message they expect us to do it.
So let us work together with our Governor-elect, to do for education what we have done for the economy: move from the bottom to the top.
I said in May that 1999 should be the year to decide whether to put the lottery to a public vote. I pledge my efforts to make sure that a vote on the lottery is taken by this body early in the session.
But whatever our decision about a lottery referendum, we cannot stop our momentum waiting on one.
Even if it passes, we must keep in mind it's not a cure all for our education needs. It will take at least three years for it to become reality and it will generate about $75 million: less than 2% of all the state and federal dollars spent each year for education in South Carolina.
Our goals should not hinge on a lottery. They must hinge on our unyielding commitment to South Carolina children. Specifically I'm asking you to:
* continue to make education our number one funding priority;
* continue to increase the percentage of the budget allocated to education;
* continue to fund smaller class size and alternative schools.
We started this in last year's budget for at-risk districts and we should expand these programs even further.
Last year we also passed the Accountability Act: groundbreaking legislation that toughens academic standards, and for the first time, gives parents and taxpayers a way to know if their schools are measuring up.
There is already some grumbling about this act. Some are concerned about too much accountability. But when it comes to our children, there should be no such thing as too much accountability...and we should reject any attempts to weaken this law.
Let's give it a chance to work. Our children deserve nothing less.
And as we raise standards for students, we must raise standards for teachers as well.
That's why the State Board of Education should not reduce standards for our teachers by lowering the bar of excellence. Instead, we should always strive to raise that bar.
As your Speaker these past four years, I've been very proud of the decisive action the House has taken on important issues: issues that matter to the families and taxpayers of our State. Issues like video poker.
Last session, we voted to ban video poker. But the Senate failed to take a vote. The end result: nothing changed, except the size and scope of that industry.
Our Supreme Court recently ruled that video poker is legal. So, no longer can anyone blame indecision on waiting for a court decision. Now we've clearly got the ball. And we've got several options:
* ban video poker again this session; or
* implement stricter regulations and impose higher taxes;
* allow another statewide referendum.
Whatever our course of action, we must not fail.
Doing nothing and allowing the growth of video poker to go unhindered is not an option. We must move early next year and move decisively.
A referendum in the year 2000 gives the video poker industry another two years of unchecked growth. We can't wait that long. If there's to be a referendum, it should be in 1999. But in the meantime, we should move early in the session to either ban or strictly regulate video poker in this State.
And we've got to take quick action to stop another form of gambling before it becomes a fixture here.
Gambling boats, taking advantage of a judge's recent interpretation of state law, are lining up at the docks. Let us send a clear message to the casino owners: our beaches are for families and wholesome recreation.
You are neither wanted nor welcomed. I ask this House to move quickly to pass a law sending the casino boats out to sea to stay.
The people empower us to make tough decisions that affect their everyday lives. But they insist we make them in public view.
This House has honored such trust by voting for some of the toughest ethics laws in the nation, and letting the light shine on government through the Freedom of Information Act.
It's now time to turn the spotlight on campaign financing.
While we should not infringe on First Amendment rights, we have an obligation to clearly mark the money trail for all to follow.
That's why I'm asking you to join me in passing the Campaign Reform Act of 1999 which will expose the sources of independent expenditures and put some teeth into the reporting requirements.
Never again should we have an election in South Carolina when one industry can spend untold dollars to affect the outcome of an election, without any disclosure as to where the money came from or how it was spent.
Sunshine is the best disinfectant and we should all pledge today to make sure that the sun shines on campaign financing.
We also have an obligation to make sure South Carolinians keep more of the money they earn.
Working with Governor Beasley, this body initiated the single largest tax cut in the history of our State, returning more than $1 billion to taxpayers over the last four years.
Today residential homeowners are paying on the average $212 less on their annual tax bills, using that money to benefit their families, not growing government.
We must not...we cannot...waiver one iota on our commitment to residential property tax relief.
And we must be steadfast to our commitment of no new taxes this legislative session.
But that's not enough. Right now, eliminating car taxes is a hot issue. At a minimum, we must give counties more flexibility in cutting these taxes.
And of course, there's always discussion about reducing other taxes.
But whatever we do, it should include a comprehensive look at the entire state tax structure.
And there should be no bond bill. In fact, we should consider early payment of these bonds, thus saving millions of dollars in interest.
I also know there's a lot of concern out there about the possibility of rising car insurance rates.
However, it's just speculation until we know exactly what the new rates are. But one thing is certain: This body must closely watch and monitor this new system...and do whatever it takes...to make sure this law doesn't penalize or burden responsible drivers.
This year voters chose a Democratic Governor and re-elected a Republican majority in the House.
They expect, indeed demand, cooperation.
Our task is to guide South Carolina into the coming century. But we won't stand a chance of fulfilling our duties if we give into petty partisanship.
We serve one body, one State and one people. Regardless of our party, our race, our sex or our hometown, we represent all the people of South Carolina.
The election is over. It's time for the business of governing to start with a renewed spirit of cooperation and unity.
To be sure we'll have our differences. But if we fail to work together...and with the Senate and our new Governor...we fail the people of our great State.
So let us be more concerned about the next generation and less concerned about the next election.
Let's stop fixing the blame and start fixing the problems.
And let us always remember that the issues we address are not about party, but about people. After all, they elected us trusting we would establish an agenda that reflects their hopes and goals.
A clergyman in the 1800's noted that, 'A politician thinks of the next election; a statesman of the next generation. A politician looks for the success of the political party; a statesman for that of the state. The statesman wishes to steer, while the politician is satisfied to drift.'
History will decide whether we are politicians or statesmen.
The children of South Carolina need statesmen because they deserve the good in everything: their schools, their families, their communities.
This unique time in history is ours to seize and shape into destiny. We can be the visionaries who lead South Carolina into a better future, if we walk together.
So let us grab this moment. And may future generations look back upon our works and say well done.
Thank you again for this great honor you have given me."
The SPEAKER announced that nominations were in order for SPEAKER Pro Tempore.
Rep. QUINN nominated Rep. TERRY E. HASKINS of Greenville as follows:
"Mr. Speaker, ladies and gentlemen...
It is a great pleasure for me to nominate our friend, Terry Haskins, for re-election as Speaker Pro Tempore.
But it is an even greater pleasure for me to report to you that Terry appears to be on the verge of a total medical recovery.
As most of you know, Terry is now at M.D. Anderson Hospital in Texas, where he is receiving follow-up treatment. The treatment is working so well that his doctors believe Terry is whipping this illness once and for all. And that is good news indeed for all of us who love Terry Haskins.
But to be perfectly honest with you, I am not surprised. I am not surprised Terry is winning this battle because he has the heart and the spirit of a champion.
For the benefit of our new colleagues in the Chamber today, let me say just a few words about Terry Haskins, about his background and about the uniqueness of his character.
At age 43, Terry has emerged as one of our State's most accomplished leaders. He has a bachelor's degree and a master's degree from Bob Jones University. Then he went on to earn his law degree from the University of South Carolina School of Law.
Terry began his service in the South Carolina General Assembly in 1987. In this Chamber he served as Minority Leader from 1988 to 1992. And he was named National Republican Legislator of the Year in 1990.
Terry Haskins is listed in Outstanding Young Men of America, Who's Who in America; Who's Who in American Law, and Who's Who in American Politics.
But I know he regards his greatest achievement in a far more personal category. And that is the realm of family life.
Most of all, Terry is a devoted husband to his wife Gloria and a loving father to his four sons, David, Bryan, Hayden and Harlan. They are the source of his strength and the great inspiration of his life.
Two years ago, in 1996, Mr. Speaker, you gave me the honor of escorting Terry Haskins to the desk when he took the oath of office for his second term as our Speaker Pro Tempore.
I will never forget the words he spoke to us on that day. With great eloquence, Terry Haskins reminded us that the burden of protecting the voices of all citizens lies with this Body. The great, he said, must bear the burden of the small. The strong must carry the load for the weak.
And he reminded us that all authority to govern comes from God to whom we must give thanks and pray for wisdom and guidance.
Speaking as one member, I stand here today thankful that Terry Haskins is my friend and that he has given this Body a level of dedication that inspires every one of us in this Chamber.
In our Speaker Pro Tempore, we look for qualities of leadership. We look for courage- for wisdom- for the heart and the spirit of a champion. We truly are blessed that we have all of those qualities in the man who has served us so well in that capacity for the past four years.
Ladies and gentlemen, it is my great honor to place in nomination the name of Terry Edward Haskins for re-election as Speaker Pro Tempore.
Thank you."
On motion of Rep. QUINN, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The SPEAKER announced that nominations were in order for the Clerk of the House.
Rep. HARRELL nominated MRS. SANDRA K. MCKINNEY of Columbia as follows:
"Mr. Speaker, ladies and gentlemen of the House, Governor Beasley, it is my privilege to stand before you today to nominate Sandra K. McKinney to the office of Clerk of the South Carolina House of Representatives.
Sandy and I have known each other for several years, and with each passing year I become more and more impressed with the job she does and the way she maintains a sense of organization for this body.
If there is any one person who understands all that is going on here and what is supposed to happen next, if there is any one person who can put order to what is sometimes a very confusing legislative process, she is that person.
When we members of this House of Representatives come in to start a session, she and her staff are already here preparing for the day. When we're finished, whether that's at 1:00 in the afternoon or at 1:00 in the morning, she and her staff stay here longer because they still have work to do.
To you freshmen, you should know that she's here to help you. She doesn't work for any political party, she works hard, very hard, for each and every one of us. I can tell you that whether you are in the majority party or the minority party, whether you are a freshman or a senior member, she will always treat you as though what you need done is the most important task before her that day.
If you ever need anything, she should be one of the first calls you make. Because, she will always be able to take care of what you need or find the person who can help you. Sandy, thank you for all you do for this House and the fine service that you provide us. And now, Mr. Speaker, it is my pleasure to place into nomination for the office of Clerk of the South Carolina House of Representatives, Sandra K. McKinney."
On motion of Rep. KNOTTS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The oath of office was administered unto her by the SPEAKER.
The SPEAKER announced that nominations were in order for the Sergeant at Arms.
Rep. ALLISON nominated Mr. Mitchell Dorman of Kershaw as follows:
"Mr. Speaker and colleagues of the House, Governor Beasley and special guests in the balcony today, I rise to place into nomination the name of Mitchell Dorman as Sergeant at Arms of the South Carolina House of Representatives. I do so with great pride and privilege because I have known this young man for some seven years now. For those of you that are new in the House, I would like to share with you that he first came to work for the South Carolina House of Representatives in 1983. In 1990 he was elected as our Sergeant at Arms. I have known him for the seven years both personally and professionally. I had an opportunity personally to direct the wedding of he and the former Leah Blanton. They now have a wonderful eight-month-old son named Nicholas. He is a graduate of the University of South Carolina-Lancaster and in those years that I have known him, I share with you the things that I have noticed about him. Number one, he is extremely honest. Number two, he has a real respect and dedication to mankind. And as what was said about our Clerk a little earlier, I don't know anything that you can ask of this young man that he will not deliver, no matter what party you are from. He is there to serve you with a smile on his face. Commitment and dedication are two words that describe Mitch Dorman and for that reason I stand with pride to place in nomination his name for Sergeant at Arms and ask for your deep consideration. Thank you."
On motion of Rep. SCOTT, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The SPEAKER announced that nominations were in order for the Chaplain.
Rep. W. MCLEOD nominated the Rev. Dr. Alton C. Clark of Little Mountain as follows:
"Mr. Speaker, distinguished members of the House, and friends, it is my pleasure to nominate a distinguished citizen of Newberry County and of Little Mountain as Chaplain of the House. He is a graduate of Newberry College and of the Lutheran Theological Seminary in Columbia. He has served Lutheran churches throughout South Carolina including Anderson, Columbia, and Prosperity. He is a retired Colonel in the South Carolina National Guard. He and his wife Alice have two sons, one of whom is a Lutheran minister in Spartanburg. This clergyman has enriched the lives of many people in South Carolina as he served as a minister in the Lutheran Church. He has enriched the lives of many members of the South Carolina National Guard and he has enriched the lives of the House of Representatives for the past 34 years. It is my honor to place in nomination as Chaplain of the House, Dr. Alton C. Clark of Little Mountain. Thank you so much."
On motion of Rep. COBB-HUNTER, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The SPEAKER announced that nominations were in order for the Reading Clerk.
Rep. MILLER nominated Mr. James L. Mann Cromer, Jr. as follows:
"Mr. Speaker, Governor Beasley, and fellow House members, it is my pleasure indeed to nominate my friend - for you new members, a friend who served diligently in this body for eight years. A person not only holds a license to practice law in South Carolina, but also in California and Washington as well. He is a man of many talents - the least of none is his ability to read. I also had a dilemma in deciding how I should nominate my friend, would it be James L. Mann Cromer, Jr., J. L. M. Cromer or just Bubba. I am proud to nominate my dear friend Bubba Cromer for Reading Clerk."
On motion of Rep. BAILEY, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The SPEAKER administered the oath of office unto the Sergeant at Arms, Mitchell Dorman; the Chaplain, the Rev. Dr. Alton C. Clark; and Mr. James L. Mann Cromer, Jr., the Reading Clerk.
The following was introduced:
H. 3000 (Word version) - Reps. Wilkins and D. Smith: A HOUSE RESOLUTION TO PROVIDE A PROCEDURE FOR ALLOTTING SEATS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE 1999 AND 2000 SESSIONS OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
That for the purposes of allotting seats to members of the House of Representatives for the 1999 and 2000 sessions of the General Assembly the following procedure is adopted:
"As soon as practicable, after the House has been organized, the seats of the members must be allotted as follows:
The Clerk shall prepare a ballot for each county with only its name printed on it. These must 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 members 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."
Be it further resolved that when the House adopts its rules for the 1999 and 2000 sessions, they shall incorporate the above provision as part of the House rules with an appropriate numerical designation.
The Resolution was adopted.
The SPEAKER then announced that the House would proceed to the allotment of seats, the names of the counties being drawn from a container by Rep. CARNELL.
Seat No. 1 was assigned to Rep. FLEMING
Seat No. 110 was assigned to Rep. WHATLEY
Allen 65 Allison 34
Altman 41 Askins 96
Bailey 104 Bales 101
Barfield 102 Barrett 9
Battle 50 Bauer 122
Beck 37 Boan 46
Bowers 30 Breeland 52
Brown G. 61 Brown H. 94
Brown J. 85 Brown T. 60
Campsen 40 Canty 78
Carnell 68 Cato 20
Cave 89 Chellis 114
Clyburn 90 Cobb-Hunter 77
Cooper 62 Cotty 70
Dantzler 106 Davenport 24
Delleney 44 Easterday 2
Edge 116 Emory 47
Fleming 1 Gamble 109
Gilham 81 Gourdine 91
Govan 88 Hamilton 3
Harrell 38 Harris 99
Harrison 58 Harvin 112
Haskins 11 Hawkins 29
Hayes 100 Hines J. 8
Hines M. 97 Hinson 107
Howard 87 Inabinett 54
Jennings 98 Keegan 119
Kelley 120 Kennedy 113
Kirsh 17 Klauber 66
Knotts 111 Koon 124
Lanford 28 Law 95
Leach 5 Lee 25
Limehouse 39 Littlejohn 32
Lloyd 83 Loftis 4
Lourie 6 Lucas 22
Mack 53 Maddox 64
Martin 63 Mason 36
McCraw 57 McGee 92
McKay 93 McLeod M. 48
McLeod W. 71 McMahand 26
Meacham 16 Miller 51
Moody-Lawrence 19 Neal 86
Neilson 23 Ott 76
Parks 73 Phillips 56
Pinckney 82 Quinn 59
Rhoad 31 Rice 13
Riser 123 Robinson 12
Rodgers 80 Rutherford 72
Sandifer 103 Scott 84
Seithel 115 Sharpe 42
Sheheen 45 Simrill 18
Smith D. 33 Smith F. 27
Smith J. 7 Smith R. 43
Spearman 108 Stille 74
Stuart 121 Taylor 67
Townsend 75 Tripp 21
Trotter 15 Vaughn 10
Walker 35 Webb 14
Whatley 110 Whipper 55
Wilder 69 Wilkes 49
Wilkins 118 Witherspoon 117
Woodrum 79 Young-Brickell 105
Rep. COOPER moved that the House recede until 2:45 P.M., which was adopted.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was introduced:
H. 3001 (Word version) -- Reps. Wilkins and D. Smith: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 1999 AND 2000 SESSIONS OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
That the following rules are adopted as the Rules of the House of Representatives for the 1999 and 2000 Sessions of the General Assembly:
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 may vote in all cases (except when he may be personally or pecuniarily interested). If 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 by the membership of the House.
1.8 The Speaker Pro Tempore shall be elected on the opening day of the organizational session. 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 Speaker shall appoint the committee chairmen for the standing committees. Provided, however, that the committee chairmen for the House of Representatives Legislative Ethics Committee and the Committee on Operations and Management of the House of Representatives shall be elected by the several members of those committees. The committees may at their discretion elect a ViceChairman and such other officers as they 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. 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.
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 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 Speaker, the signature of the Speaker being attested by the Clerk. 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.
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's 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.
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.
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 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.
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. 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 shall confine himself to the question under consideration.
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 of the House shall personally interest or concern himself with the passage or consideration of any measure whatsoever. If any employee 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. 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 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 any 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 Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities), 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.
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 twentyfour 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. Provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report its message 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 twothirds 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.
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 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 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 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.
4.9 In all cases the House may resolve itself into a Committee of the Whole. 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 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 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'.
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 to any individual or group to address the House or the Joint Assembly 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 such individual or group 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.
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 twothirds 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 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 in Section 813540 of the 1976 Code 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 twothirds 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. A member may add his name to a bill or resolution or a cosponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or cosponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or cosponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.
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 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 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 and 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. Germaneness: 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 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.
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 the following stages in their passage so that:
1. The House Ways and Means Committee version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee.
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.
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.
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. minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation;
c. 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. the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.
E. 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 agrees, without debate, to dispense with reference.
5.7 Upon the second reading of a bill, after all amendments and 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 committee report shall be amended so as to conform to this Rule before 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 its number and title shall have been printed in the House Calendar at least one day prior to such reading. Provided, that no statewide bill or joint resolution shall receive a second reading unless its number and title shall have been 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 No statewide bill or joint resolution, except an appropriations bill, general, supplemental, 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 second year of a two-year legislative session 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 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 appropriate state official or office as may appear appropriate regarding the bill's effect on the finances of the State. Each committee amendment that substantially changes a bill effecting expenditures of money by the State, prior to the bill receiving second reading, shall have attached to the committee amendment such comment of the appropriate state official or office as may appear appropriate regarding the committee amendment'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 these requirements of a fiscal impact statement prior to the bill receiving second reading.
5.14 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 The printing of any document required to be printed under the Rules of the House may specifically be dispensed with by twothirds 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 21180 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 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 so that the total number of outstanding cumulative objections or requests for debate is less than 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 so that the total number of outstanding objections or requests for debate is less than three (3), 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 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. No member shall speak more than twice upon an amendment or a motion to reconsider that is debatable, and then not longer than ten minutes each time. However, if the previous question has been invoked, no member may speak more than twice on a motion to reconsider that is debatable, and then not longer than the amount of time remaining for debate of the underlying motion; provided, that proposed amendments announced and introduced by the Reading Clerk shall be considered prior to a member speaking on the bill. 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 question of granting Free Conference Powers shall require an affirmative vote of twothirds of the membership of the House and 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 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.
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 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 vetoes;
c. consideration of Senate amendments;
d. 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 twothirds 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.
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. If the electronic roll call board malfunctions, the Speaker shall proceed to call the division vote by voice vote. When division votes are made by use of the electronic roll call equipment no individual votes shall be recorded. 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 that voting will proceed. He shall then sound the bell. 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 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 raising their hands, the yeas and nays shall be ordered; whereupon, 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: '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 tabulate the vote on the electronic roll call board. 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. 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 fortyeight 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 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'. 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, it shall be entered 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 be taken by roll call and the votes thereon shall be recorded in the Journal.
8.1 No motion shall be debated until it shall have been stated by the Speaker. Any motion , if requested by the Speaker, 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, 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. Provided, further, the five first named may suspend even a speech; provided, that the fifth, if once negatived, shall not be received during the same speech without the 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 adjourn the debate to a certain day;
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:
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 twothirds of the membership of the House as its sponsor. The 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 , 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.
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 order the House to stand at ease to be reconvened at the call of the Chair.
8.8 (Reserved)
8.9 When a motion is made during a motion period, the Speaker shall entertain but 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 the Speaker shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entirely on its own.
8.11 a. The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
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;
to grant free conference powers.
b. The following motions shall not be permitted at the same stage of the bill or proposition until one hour of time has elapsed since the same question was negatived:
for the previous question;
to lay on the table;
to adjourn 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. However, if a motion to adjourn or to take a recess 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 (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 matters, 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 matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 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 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 have gone out of the possession of the House.
A motion to reconsider may be laid on the table. 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, but not to a specific date in the next session; and if the House agrees thereto, the matter shall be thereupon continued to the next session, 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. 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 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 considered until its number and title shall have been printed in the House Calendar for at least one statewide day 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 21180 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 appropriations bill, as may be pertinent to the bill. The chairman of any committee may (if he has given notice at the second reading of his intention to offer amendments at the third) be permitted to offer technical amendments 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 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
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, officers, and employees of the Senate; the present 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 anyone 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.
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 present and voting 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 invitations 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 recommending to the House which invitations should be accepted.
10.5 Each member of the House shall be entitled to 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 for males and dress, skirt or slacks and blouse, or pants suits for females. This provision shall be enforced by the Speaker.
10.6 (Reserved)
10.7 No smoking is permitted in any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. 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. 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. A House Resolution authorizing such special presentations shall provide for the allotted time and date for the presentation. This Rule does not apply to a Concurrent Resolution.
10.10 Meetings of a legislative caucus as defined in Section 21710(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 30460. 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."
The Resolution was adopted.
Rep. KIRSH proposed the following Amendment No. 1 (DocName\\COUNCIL\PT\AMEND\1080DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 4 by adding:
/ 4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, there must be attached and printed as a part of the committee report a summary of the bill or resolution prepared by the staff of that committee. /
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. D. SMITH moved to commit the amendment to the Rules Committee.
Rep. KIRSH moved the table the motion to commit, which was not agreed to.
The question then recurred to the motion to commit the amendment to the Rules Committee, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name \\COUNCIL\PT\AMEND\1087DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 1.9 to read:
/ 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; provided, however, the political party ratio of a party having at least ten percent of the membership of the whole House must be preserved in the membership of each of the standing committees appointed by the Speaker. The Speaker shall name the members constituting each committee in alphabetical order, and the Speaker shall appoint the committee chairmen for the standing committees. Provided, however, that the committee chairmen for the House of Representatives Legislative Ethics Committee and the Committee on Operations and Management of the House of Representatives shall be elected by the several members of those committees Chairmen shall be elected by the members of those committees. The committees committee may at their its discretion elect a Vice-Chairman and such other officers as they it may choose. /
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. D. SMITH moved to commit the amendment to the Rules Committee.
Rep. SHEHEEN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Harvin Hawkins Hinson Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lucas Martin Mason McCraw McGee McKay Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Bauer Bowers Breeland Brown, G. Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Hayes Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Kirsh Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sheheen Smith, F. Smith. J. Stille Whipper Wilder Wilkes
So, the motion to commit the amendment to the Rules Committee was agreed to.
Rep. KNOTTS proposed the following Amendment No. 4 (Doc Name \\COUNCIL\PT\AMEND\1082DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 10.1 to read:
/ 10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
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; each statewide constitutional officer or his designee; the present members, officers, and employees of the Senate; the present 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 anyone 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.
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./
Amend title to conform.
Rep. KNOTTS moved to commit the amendment to the Rules Committee, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 5 (Doc Name \\COUNCIL\PT\AMEND\1083DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 10.1 to read:
/ 10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
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; each statewide constitutional officer or his designee, or both; the present members, officers, and employees of the Senate; the present 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 anyone 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.
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./
Amend title to conform.
Rep. KNOTTS moved to commit the amendment to the Rules Committee, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 6 (Doc Name \\COUNCIL\PT\AMEND\1084DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 10.1 to read:
/ 10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
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 Attorney General or his designee, or both; the present members, officers, and employees of the Senate; the present 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 anyone 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.
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./
Amend title to conform.
Rep. KNOTTS moved to commit the amendment to the Rules Committee, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 7 (Doc Name \\COUNCIL\PT\AMEND\1081DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 10.1 to read:
/ 10.1 Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.
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 and the Governor's designee; the Lieutenant Governor; the present members, officers, and employees of the Senate; the present 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 anyone 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.
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./
Amend title to conform.
Rep. KNOTTS moved to commit the amendment to the Rules Committee, which was agreed to.
Reps. W. MCLEOD, JENNINGS and NEAL proposed the following Amendment No. 8 (Doc Name\COUNCIL\PT\AMEND\1086DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 8.6 to read:
/ 8.6. For the purpose of cloture, The the previous question upon any matter may be invoked as follows:
Cloture. Upon an affirmative vote on a motion for the previous question (fifty sixty 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 place at a future date and time as specified in the motion. This delayed cloture motion shall also establish the time when no further amendments may be placed on the desk. Amendments then upon the desk shall be considered, but no No further amendments shall be allowed to be offered after the deadline for submitting amendments unless the amendment has at least two-thirds of the membership of the House as its sponsor. The 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, the time being equally divided between opponents and proponents with no person to speak more than ten fifteen 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./
Amend title to conform.
Rep. JENNINGS explained the amendment and moved to commit the amendment to the Rules Committee, which was agreed to.
Reps. W. MCLEOD, JENNINGS and NEAL proposed the following Amendment No. 9 (DocName\COUNCIL\PT\AMEND\1085DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 8.11 a. to read:
/ 8.11a.The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:
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 sixty percent of those present and voting, a quorum being present plus five at the time the motion is made);
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;
to grant free conference powers. /
Amend title to conform.
Rep. JENNINGS moved to commit the amendment to the Rules Committee, which was agreed to.
Reps. W. MCLEOD and NEAL proposed the following Amendment No. 10 (DocName\COUNCIL\DKA\AMEND\3073DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, Rule 5.3D.5. by adding:
/e. the amounts appropriated in the previous year's Appropriation Act must be included in the House Ways and Means Committee version of the Appropriations Bill; the House version of the Appropriations Bill; and the Report of the Conference or Free Conference Committee. /
Reletter to conform.
Amend title to conform.
Rep. W. MCLEOD explained the amendment.
Rep. D. SMITH spoke against the amendment and moved to commit the amendment to the Rules Committee, which was agreed to.
Reps. W. MCLEOD and NEAL proposed the following Amendment No. 11 (Doc Name \\COUNCIL\PT\AMEND\1088DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 4.13 to read:
/ 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 to any individual or group to address the House or the Joint Assembly 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 such individual or group 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 luncheons prior to 6:00 p.m., and all such breakfasts or luncheons must be provided in the buildings of the State Capitol Complex, except that on the fourth Wednesday of legislative months, luncheons may be accepted at locations outside of the Capitol Complex. 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. /
Amend title to conform.
Rep. W. MCLEOD moved to commit the amendment to the Rules Committee, which was agreed to.
Reps. W. MCLEOD and NEAL proposed the following Amendment No. 12 (Doc Name \\COUNCIL\PT\AMEND\1091DW99), which was committed to the Rules Committee.
Amend the resolution, as and if amended, by amending Rule 1.9 to read:
/ 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; provided, however, the political party ratio of a party having at least ten percent of the membership of the whole House must be preserved in the membership of each of the standing committees appointed by the Speaker. The Speaker shall name the members constituting each committee in alphabetical order, and the Speaker shall appoint the committee chairmen for the standing committees. Provided, however, that the committee chairmen for the House of Representatives Legislative Ethics Committee and the Committee on Operations and Management of the House of Representatives shall be elected by the several members of those committees. The committees may at their discretion elect a Vice Chairman and such other officers as they may choose. /
Amend title to conform.
Rep. W. MCLEOD moved to commit the amendment to the Rules Committee, which was agreed to.
Rep. MEACHAM proposed the following amendment No. 13, which was committed to the Rules Committee.
Amend the Rules of the House to allow House members to eat and drink at their desk on the House floor.
Rep. MEACHAM explained the amendment and moved to commit the amendment to the Rules Committee, which was agreed to.
The SPEAKER announced that nominations were in order for six members of the House Ethics Committee.
The following names were placed in nomination:
Reps. MEACHAM, R. SMITH, SANDIFER, EASTERDAY, SCOTT and SEITHEL.
On motion of Rep. ROBINSON, nominations were closed, and the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the SPEAKER announced that Reps. MEACHAM, R. SMITH, SANDIFER, EASTERDAY, SCOTT and SEITHEL were duly elected for the term prescribed by law.
The SPEAKER announced that nominations were in order for seven members of the House Operations and Management Committee.
The following names were placed in nomination:
Reps. VAUGHN, ALLISON, COBB-HUNTER, KEEGAN, RHOAD, WITHERSPOON and MARTIN.
On motion of Rep. ROBINSON, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupn, the SPEAKER announced that Reps. VAUGHN, ALLISON, COBB-HUNTER, KEEGAN, RHOAD, WITHERSPOON and MARTIN were duly elected for the term prescribed by law.
On motion of Rep. QUINN, with unanimous consent, the following invitations were taken up for immediate consideration and accepted:
November 10, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The purpose of this letter is to invite the members of the Senate to join members of the South Carolina Manufacturers Alliance Board of Directors and other chief executive officers to a breakfast on Wednesday, January 20, 1999. The breakfast will be held at the Adam's Mark in Columbia beginning at 7:30 A.M. Invitations will be sent directly to members of the Senate for their attendance response. The Alliance is a lobbyist principal organization and this event will be in compliance with the State Ethics of 1991. Should you have any questions or need additional information, please do not hesitate to contact us.
Sincerely,
James R. Morris, Jr.
Executive Vice President
October 21, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The members of the South Carolina Chapter of the Appraisal Institute would like to invite the members of the House to join us for a buffet breakfast on Thursday, January 21, 1999, from 8:00 A.M. - 9:30 A.M. at The Summit Club.
With a heritage extending over 60 years, The Appraisal Institute is the premier organization of professional real estate appraisers. We would be honored to host the members of the General Assembly at this buffet breakfast and look forward to seeing you on January 21st.
Sincerely,
James F. Martin, Jr., SRA
President-elect
November 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
This is an invitation for all the members of the SC House of Representatives to attend the luncheon meeting of the SC Federation For Older Americans' Seniors Legislative Day on January 26, 1999, at the Capital Senior Center. It is scheduled from 12:45 to 2:00 P.M.
It will give House members an opportunity to hear about the plans for a SC Silver Haired Legislature that will try to develop a consensus on the most important senior issues to discuss with our duly elected legislative delegations.
Thanks so much for your assistance in extending the luncheon invitation to everyone.
Sincerely,
Dr. James I. Califf
Immediate Past President
September 23, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
Please accept this letter as a request from the State Board for Technical and Comprehensive Education to Tuesday, January 26, 1999, for a reception for the South Carolina House of Representatives and staff. The reception will be held at the State Museum, 301 Gervais Street, Columbia from 6:00 P.M. until 8:00 P.M.
Your assistance in having this request placed on the House calendar is greatly appreciated.
Sincerely,
Cathy B. Novinger
Chairman
October 6,1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
On behalf of the South Carolina Association of Realtors, an invitation is extended to the House of Representatives to attend a Breakfast Reception in honor of our General Assembly. We would like to request that Wednesday, January 27, 1999, be reserved on the House calendar for this event.
The conference is sponsored by the South Carolina Association of Realtors and the South Carolina Realtors Political Action Committee. As mentioned above, the Breakfast Reception will be on Wednesday, January 27, 1999, from 8:30-9:30 at the Capital City Club. Realtors from across the state will attend Capital Conference 1999 to meet their legislators, learn more about the political process, and visit the State House and General Assembly. The reception will be an excellent opportunity for House members to meet their Realtor constituents.
We would be honored if the House Members would join us at the Capital City Club. Should you have any questions concerning this matter, please contact Jennifer at the State Association at (803) 772-5206. We look forward to hearing from you.
Sincerely,
John Rinehart, CRB, CRS, GRI
President
David Anderson, South Carolina RPAC Chairman
July 30, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
Pursuant to our Wednesday, July 29 telephone conversation with your office, we are confirming the following.
The National Federation of the Blind of South Carolina in accordance with information given by your office will be hosting the entire General Assembly with a luncheon to be held in Room 208 of the Blatt Building Wednesday, January 27, 1999, between 12 Noon and 2:00 P.M. This will be a buffet luncheon.
We shall be glad to cooperate with your office in any additional manner, doing whatever necessary to finalize arrangements for the January 27, 1999 event.
With kindest personal regards and sincere best wishes, I am
Cordially,
Donald C. Capps
President
November 20, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The City of Columbia respectfully requests to be placed on the Invitations Calendar. The City would like to entertain the members of the South Carolina House of Representatives at a reception on Wednesday, January 27, 1999. The reception will follow the Governor's State of the State address at the Columbia Museum of Art. Members, staff and guests are invited.
Very truly yours,
Robert D. Coble
September 21, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The South Carolina Broadcasters Association cordially invites the South Carolina General Assembly to attend a shrimp and grits breakfast on Thursday, January 28, 1999. The breakfast is scheduled from 8:00 to 10:00 A.M. in Room 208 of the Solomon Blatt House Office Building.
We greatly appreciate your consideration of this invitation and look forward to hearing from you.
Sincerely,
Ms. Lou Kirchen
President
November 24, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The South Carolina Chamber of Commerce would like to invite the Members of the South Carolina General Assembly, and the South Carolina Constitutional Officers to our annual "Business Speaks at the State House" reception 6 to 8 P.M., Tuesday, January 19, 1999, at the Capital City Club. Preceding the reception, members are invited to attend an update on State issues by House and Senate members from 3:30-5:30 P.M., and to an update on Federal issues from 5:30-6:00 P.M.
Upon your approval, as Chairman of the House Invitations Committee, a personal invitation will be extended to each General Assembly member, and Constitutional Officer. The cost of the reception is $25 or less and is in conformity with the State Ethics Act. We would also like to ask that the reception appear on the House calendar for January 19, 1999.
The South Carolina Chamber and the state's business community look forward to seeing you at the Business Speaks reception.
Sincerely
S. Hunter Howard, Jr.
President & Chief Executive Officer
November 24,1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, SC 29201
Dear Representative Quinn:
The South Carolina Bankers Association will host its annual reception for the General Assembly on Tuesday, January 12, 1999, from 6:00-8:00 P.M. at The Columbia Museum of Art, Corner of Hampton and Main, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.
I would appreciate your reserving this date on the House calendar and notifying me upon confirmation of this date. Should you need additional information, please contact me at 779-0850.
Sincerely,
F. Anne Gillespie
Senior Vice President
Rep. HAWKINS moved that when the House adjourns today it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Rep. HARRISON moved that the House do now adjourn, which was adopted.
At 3:45 P.M. the House in accordance with the motion of Rep. HARRISON adjourned to meet at 10:00 A.M. tomorrow.
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