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 temporary chaplain, Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for the day is from Psalm 67: 1-2: "May God make His face to shine upon us, that Your way may be made known upon earth, Your saving power among all Nations."
Smile on us and through us, God of infinite favor, so that we might be channels of Your Grace for others and instruments of Your will. Bless all who take office today. Fill them with Your presence that these women and men may take their responsibilities of service to the people of this State with a sense of doing the right thing for the right reasons. We pray that we may have confidence in Your future for us. Hear our Prayer, O God. 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. D. C. SMITH.
The following was received:
June 13, 2002
The Honorable David H. Wilkins
Speaker
South Carolina House of Representatives
Post Office Box 11867
Columbia, S.C. 29211
Dear Speaker Wilkins:
Thank you for your leadership during the years I have been a member of the South Carolina House of Representatives. I appreciate your many acts of kindness shown to others and me. I think you have always been willing to listen, which I consider a most desirable trait in someone in public office.
I wish to let you know that I will resign effectively June 30, 2002. I will miss many of our friends at the State House. I hope a better financial picture will evolve. My best to you, Susan, and your family. If there is some way, however small, that I can be of any help to you or the things you stand for, I will certainly be honored to do so.
It has been a privilege and honor to serve in the South Carolina House of Representatives.
Sincerely,
Elsie Rast Stuart
House District 96
Received as information.
The CLERK of the late House announced that the first business in order was the election of a Temporary CHAIRMAN.
Rep. FRYE nominated Rep. KOON.
On motion of Rep. FRYE, 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. BINGHAM, FRYE, HUGGINS, MCLEOD and OTT to escort Rep. KOON to the rostrum.
Rep. KOON presented his credentials and the oath of office was administered to him by the CLERK.
Rep. KOON thereupon took the Chair.
The Temporary CHAIRMAN appointed Mrs. Sandra K. McKinney to act as Temporary Clerk; Mr. James L. Mann Cromer, Jr. as Temporary Reading Clerk, and Mr. Mitchell G. Dorman as Temporary Sergeant at Arms.
July 8, 2002
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 Honorable Phil Owens, received the greatest number of votes cast for the House of Representatives, House District #5, in a special election held in South Carolina on July 2, 2002.
Honorable Phil Owens is hereby certified as the duly and properly elected member of the House of Representatives, House District #5.
Sincerely,
/s/Jim Miles
Secretary of State
November 18, 2002
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 attached members received the greatest number of votes cast for the House of Representatives, in the November 5, 2002 General Election. The members are hereby certified as the duly and properly elected members of the House of Representatives, House Districts One through One Hundred Twenty-Four.
Sincerely,
/s/Jim Miles
Secretary of State
District 1 Bill Whitmire (R)
District 2 Bill Sandifer (R)
District 3 B.R. Skelton (R)
District 4 Teddy Trotter (R)
District 5 Phil Owens (R)
District 6 Brian White (R)
District 7 Ronald P. Townsend (R)
District 8 Becky R. Martin (R)
District 9 Michael D. Thompson (R)
District 10 Daniel T. "Dan" Cooper (R)
District 11 Harry C. Stille (R)
District 12 Anne Parks (D)
District 13 Gene Pinson (R)
District 14 Mike Pitts (R)
District 15 Jeff Duncan (R)
District 16 Adam Taylor (R)
District 17 Harry Cato (R)
District 18 Lewis R. Vaughn (R)
District 19 Dwight A. Loftis (R)
District 20 Glenn L. Hamilton (R)
District 21 Bob Leach (R)
District 22 Gloria Arias Haskins (R)
District 23 Fletcher Smith (D)
District 24 David H. Wilkins (R)
District 25 Karl B. Allen (D)
District 26 Rex F. Rice (R)
District 27 Michael Easterday (R)
District 28 Dan Tripp (R)
District 29 E. DeWitt McCraw (D)
District 30 Olin R. Phillips (D)
District 31 Brenda Lee (D)
District 32 Doug Smith (R)
District 33 Lanny F. Littlejohn (R)
District 34 Scott Talley (R)
District 35 Phil Sinclair (R)
District 36 Joe Mahaffey (R)
District 37 Ralph Davenport (R)
District 38 Bob Walker (R)
District 39 Marion B. Frye (R)
District 40 Walt McLeod (D)
District 41 Creighton B. Coleman (D)
District 42 Mike Anthony (D)
District 43 Greg Delleney (R)
District 44 James M. "Jimmy" Neal (D)
District 45 Eldridge Emory (D)
District 46 Gary Simrill (R)
District 47 Herb Kirsh (D)
District 48 Becky Richardson (R)
District 49 Bessie Moody-Lawrence (D)
District 50 Grady Brown (D)
District 51 David Weeks (D)
District 52 Vincent Sheheen (D)
District 53 Mary Beth Freeman (D)
District 54 Douglas Jennings, Jr. (D)
District 55 Jackie E. Hayes (D)
District 56 Denny W. Neilson (D)
District 57 Jim Battle (D)
District 58 Liston D. Barfield (R)
District 59 Mack T. Hines (D)
District 60 Marty W. Coates (R)
District 61 Lester Branham, Jr. (D)
District 62 Jesse E. Hines (D)
District 63 James McGee (R)
District 64 C. Alex Harvin III (D)
District 65 Jay Lucas (R)
District 66 Gilda Cobb-Hunter (D)
District 67 Murrell Smith, Jr. (R)
District 68 Thad Viers (R)
District 69 Ted Pitts (R)
District 70 Joseph H. Neal (D)
District 71 Rick Quinn (R)
District 72 James Smith (D)
District 73 Joe E. Brown (D)
District 74 J. Todd Rutherford (D)
District 75 Jim 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 Robert S. Perry, Jr. (R)
District 82 William "Bill" Clyburn (D)
District 83 Don Smith (R)
District 84 James Roland Smith (R)
District 85 Chip Huggins (R)
District 86 Jim Stewart (R)
District 87 Larry L. Koon (R)
District 88 Mac Toole (R)
District 89 Kenny Bingham (R)
District 90 Thomas N. Rhoad (D)
District 91 Lonnie Hosey (D)
District 92 Shirley Hinson (R)
District 93 Harry L. Ott, Jr. (D)
District 94 Converse Chellis (R)
District 95 Jerry N. Govan, Jr. (D)
District 96 Kenneth Clark (R)
District 97 George H. Bailey (D)
District 98 Annette D. Young (R)
District 99 Jim Merrill (R)
District 100 C. David Umphlett, Jr. (R)
District 101 Kenneth "Ken" Kennedy (D)
District 102 Amos L. Gourdine (D)
District 103 John J. "Bubber" Snow, Jr. (D)
District 104 Tracy R. Edge (R)
District 105 W. D. "Billy" Witherspoon (R)
District 106 Tom Keegan (R)
District 107 Alan Clemmons (R)
District 108 Vida O. Miller (D)
District 109 David Mack III (D)
District 110 Chip Limehouse (R)
District 111 Floyd Breeland (D)
District 112 Ben Hagood (R)
District 113 J. Seth Whipper (D)
District 114 Bobby Harrell (R)
District 115 Wallace Scarborough (R)
District 116 Robert L. Brown (D)
District 117 Thomas M. Dantzler (R)
District 118 Bill Herbkersman (R)
District 119 John Graham Altman (R)
District 120 Bill Bowers (D)
District 121 Walter P. Lloyd (D)
District 122 R. Thayer Rivers, Jr. (D)
District 123 Jo Anne Gilham (R)
District 124 Catherine Ceips (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 Altman Anthony Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Hayes Herbkersman Hines, J. Hines, M. Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
The foregoing were then sworn in by the Temporary CHAIRMAN.
Rep. JENNINGS was granted a leave of absence for today and tomorrow due to abdominal surgery.
Rep. EASTERDAY was granted a leave of absence for today due to being in court.
Rep. RICHARDSON was granted a leave of absence due to illness in the family.
The Temporary CHAIRMAN announced that nominations were in order for a SPEAKER.
Rep. F.N. SMITH nominated Rep. DAVID H. WILKINS of Greenville as follows:
"Mr. Chairman...ladies and gentlemen of the House...Susan Wilkins...it is with great pleasure that I rise to place into nomination for the office of the Speaker of the House ...David Wilkins.
This marks David's fifth term as our Speaker.
I haven't always agreed with him on every issue...every time.
But I've always respected him...his leadership...and his obvious devotion to the South Carolina House of Representatives.
David and I are both from Greenville. And our friendship goes back more than two decades when his brother, who was then our Solicitor, hired me as an assistant solicitor in the early 1980s.
I believe I was the first African American to serve as a prosecutor in that office. And that's when my friendship with David Wilkins and his family began.
Some of you may not know that Speaker Wilkins has a really great sense of humor. And he's also really great at letting us know when he thinks we're out of line!
As Speaker of the House...through some of the toughest debates this body has ever faced, David has consistently shown that he puts people above politics.
He's made some tough calls. And he's also turned down some calls. Some of you will remember that President Bush offered Speaker Wilkins an ambassadorship to Chile a year or so ago.
I was really excited for the Speaker. So excited in fact that I offered my services as his assistant if he took the job!
David graciously declined both offers.
And that was good news for South Carolina back then and remains good news for us now. David has served this body and most importantly this State with honor and distinction for 22 years, the last 8 as our Speaker. It's been said, "Ability may get you to the top, but it takes character to keep you there."
Ladies and gentlemen, David Wilkins is a leader who continues to bring character, respect and dignity to this Chamber. He takes his leadership role seriously. And he has earned our trust to continue in that capacity.
Mr. Chairman, it is my great honor and privilege to place David Horton Wilkins into nomination for your consideration as the Speaker of the South Carolina House of Representatives."
On motion of Rep. F.N. SMITH, 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. MCCRAW, HOWARD, D.C. SMITH, HASKINS, STILLE and MARTIN 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:
"Ladies and gentlemen of the House...special guests and friends...thank you for that warm reception.
And a special thanks to my friend Fletcher Smith for your nomination and kind introduction.
Most importantly, thanks to each of you for the privilege you have bestowed upon me.
This is the fifth time you have elected me your Speaker and your support remains a sacred trust...one that I will strive to earn every day.
I want to first recognize a very special guest who's here with us this morning.
Governor-elect Mark Sanford on behalf of this body: Welcome to the South Carolina House of Representatives.
As the torch of leadership is passed to you, we look forward to your tenure as Governor and pledge our support and cooperation.
Please stand and be recognized.
Although he couldn't be with us today, I'd also like to thank Governor Jim Hodges for his many years of dedicated service to our State that began right here in the South Carolina House.
And to our friend and colleague Doug Jennings who is now at home recuperating from recent surgery: We wish you a speedy recovery and look forward to working with you in January.
A lot has changed in my life since you first honored me by electing me your Speaker in 1994.
I mourned the passing of both my parents.
My two sons...James and Robert...grew from high-schoolers to college graduates...
And I lost a little more hair.
But through it all, there's always been one constant in my life...the one person who makes the highs higher...and even the lows higher...the one who has always been my moral compass: My wife Susan.
I'm blessed that she's here once again with Robert.
When I stood before you eight years ago, I never imagined that our country would incur an enemy's wrath on our homeland...
Never imagined that airplanes could become missiles...
Or that two towers of testament to American strength and bounty could crash to the ground...taking with them the lives...dreams...and hopes of thousands of our countrymen.
We lost so much that day: September 11, 2001.
But in many ways, we found our way back home...
Back to those values that made America the greatest nation on the face of the earth.
Any student of American history knows that in this country broken hearts build steely resolve.
And so we are stronger...smarter...than before this age of terrorism.
And we value more what's most important: faith...family...friends...and freedom.
We celebrated our freedom earlier this month on Election Day. And because of that freedom 20 new representatives of the people now sit in this chamber.
To our new members: Welcome!
The people you represent have put their faith in you. It is a heavy, but special burden you now carry.
So carry it well.
We are all blessed to serve in this historic chamber. And with the privilege of leadership comes the awesome responsibility to carry out our duties in the spirit of service and sacrifice that is the very foundation of American freedom.
So as we face another legislative year...filled with new challenges and old problems...what is our responsibility to this State and to those who have entrusted us to represent them?
Simply put, it is to lead.
To build bridges over roadblocks.
"The noblest question in the world,"...Benjamin Franklin once said..."is, 'What good may I do in it?'"
Our job in this body is to ask that noble question every day: to take adversity and turn it into something good.
Homeland Security
Last year in the wake of the terrorist attacks, we acted swiftly in assessing our security vulnerabilities and state law enforcement needs.
In a bipartisan spirit, this General Assembly overwhelmingly passed a comprehensive homeland security bill before the end of session...honoring the promise we made to South Carolinians.
That's what happens when you build a bridge over a roadblock.
Highway Medians
Two years ago with the highway death toll at an all time high, we requested that 30 million dollars be used from the Infrastructure Bank to pay for the construction of highway median guardrails across our State.
The Infrastructure Bank Board and the DOT responded.
So far we've seen an 81 percent decrease in fatal crashes involving interstate median crossovers including that of a Georgia man who sent me a letter just last month.
"If not for the cable barriers I certainly would have been spun into oncoming traffic"...he wrote. "I was blessed to walk out of my totaled Crown Victoria without a scratch."
That's what happens when we build a bridge over a roadblock.
Accountability Act
When South Carolina schools and students continued to lag behind the rest of the nation...
This body passed landmark legislation that demanded higher standards in our schools and made them more accountable.
That was on the front end of education.
LIFE Scholarships
On the back end, you awarded our hardworking high school students with the merit-based LIFE scholarship.
And now South Carolina SAT scores are improving more steadily than anywhere in the country and our students are earning top dollar scholarships.
Right now, more than 107,000 South Carolina students are receiving merit-based scholarships.
That's what happens when you build a bridge over a roadblock.
Now there's no turning back.
We must stand firm in demanding higher standards and rewarding the hard work and tenacity of our best and brightest students.
We cannot subsidize failure.
And this coming year, funding even successful programs will be a challenge like none we've faced so far...
Budget Crisis
But we must face those challenges head-on.
We have a budget crisis...requiring not just tough...but excruciating...budget decisions.
And we have to make them right now because we're running a huge deficit in our current budget: 331 million dollars through October.
That's why today I call on Governor Hodges to immediately convene a meeting of the Budget and Control Board and begin the process of putting our fiscal house back in order.
At the very least, the Budget and Control Board should make the necessary cuts at its next scheduled board meeting on December 10th.
Agencies can easier absorb setbacks today than they can two months from now.
There are no easy answers.
But throughout history, wherever there is a success story, someone made a courageous decision.
Looking ahead, the situation is even gloomier.
At this moment, we're facing at the very least a $500 million revenue shortfall next year...and that's just meeting our obligations.
Writing the next state budget is going to be painful. There are no magic bullets. And this body must pledge to work in a spirit of cooperation with each other...with our friends in the Senate and with our new Governor...to do the heavy lifting.
But in times of challenge come many opportunities.
By identifying our priorities and making responsible fiscal decisions, we'll be setting the stage for better times.
Tax Study Committee
Our commitment to better stewardship began this summer when the House Ad Hoc Tax Study Committee I appointed started a comprehensive review of our state tax structure.
One idea already generated is to place an ironclad limitation on government growth and spending each year.
This is exactly the kind of dynamic governing that will ensure our future monetary health.
Had we implemented this cap a few years ago, we would have avoided the financial crisis in which we now find ourselves.
This innovative idea needs to be introduced and debated early next year and I urge you to join me in supporting it.
Campaign Finance Reform
State taxpayers' also deserve to know who is spending big bucks to influence their vote.
And now...at last...we have a real chance of getting our campaign finance bill signed into law.
As I've said before, sunshine is indeed the best disinfectant.
Disclosure in the process makes us all more accountable...and the public more confident.
This is not about limiting citizens' role in political campaigns. It is about arming voters with knowledge...requiring those who contribute to do so openly...and empowering South Carolinians to make informed decisions.
I've asked Chairman Harrison to make campaign finance a top priority for the Judiciary Committee.
And I ask you to once again join with me in passing real campaign finance reform early in the session.
Predatory Lending
And just as our citizens deserve sunshine in the political process...they deserve protection from those who would prey on their pocketbooks...deliberately misrepresenting loan terms and duping those with poor credit histories.
Predatory lending is a problem in South Carolina...one we began examining last legislative session.
Now it's time for action.
We need tough...but reasonable...new laws that go after unscrupulous lenders.
Commerce Department/Economic Development
President George W. Bush has said, "Big government is not the answer. But the alternative to bureaucracy is not indifference."
Ladies and gentlemen of the House: A high performance state government helps folks help themselves...and then gets out of the way...allowing the private sector to do what it does best:
Create jobs...
Promote growth and opportunity...
And most importantly, increase the take-home income of South Carolina families so they can build a better life.
There is simply no excuse for the income levels of hard-working and industrious South Carolinians to be 20% below the rest of the nation.
Increasing our per capita income through smart economic development must be our goal.
We all know the roadblocks we're facing:
A sluggish national economy combined with a daunting state revenue shortfall.
But either we confront these hard issues now or we allow them to become an even greater crisis for our children.
We must renew our State's commitment to economic development...giving it the same attention we give to education.
Because to neglect one is to fail both.
We begin by restoring confidence in our Department of Commerce.
Today, I ask you to once again support a measure that brings greater accountability and disclosure to Department of Commerce funds...without sacrificing the discretion private companies need to maintain their competitive edge.
We passed this bill last year but it was never taken up in the Senate.
Let us pass this bill early in the session and then work with our new Governor in renewed efforts to create an enhanced pro-business environment that inspires confidence and spawns success.
Government Restructuring
And let us join with Governor-elect Sanford in continuing the work on government restructuring this body undertook in the early 1990s.
Taking the next step must be a thoughtful and deliberate process.
We all agree the people's right to elect candidates to statewide offices is sacred and must be guarded.
However, we can also agree that just as the Governor appoints the heads of agencies like DSS and the Revenue Department...it would be appropriate for him to make additional appointments.
Updating our restructuring legislation will be a major undertaking.
But any worthwhile change always is.
Together we can and must boldly meet the challenge of new expectations.
Ladies and gentlemen: We have our work cut out for us.
For the first time in modern state history the citizens of South Carolina have placed leadership of the executive and both legislative branches in the hands of Republicans.
They want less partisanship and more leadership: So let today mark the end of "gotcha" politics...and mark the beginning of a new era of cooperation.
It's been said, "No man will make a great leader who wants to do it all himself...or to get all the credit for doing it."
To our Democratic friends in this body: You have always and will continue to play an important leadership role here. We want to work with you and along side you for the people of South Carolina.
History will judge whether we acted as politicians or statesmen.
The roadblocks we face in this State are faced by all of us.
And it will take many hands to build the bridges we need.
Each of us brings with us different talents...ideas...and backgrounds.
But we share one common bond: We all love South Carolina.
We all want our kids in the best schools...living in good homes...on safe streets...in a prosperous economy.
In short, we have the same prayer.
So in the weeks and months ahead, may God bless our work here.
May He give us His strength and wrap us in compassion and wisdom...
Give us the grace to forgive...
The wisdom to understand...
And the humility to serve others at all times before ourselves.
Walt Whitman once wrote, "The strongest and sweetest songs yet remain to be sung."
May the best days for our State...the sweetest moments...lie before us...as we overcome one roadblock...building one bridge at a time.
Thank you.
God bless you...
And God bless South Carolina."
The SPEAKER announced that nominations were in order for SPEAKER PRO TEMPORE.
Rep. WITHERSPOON nominated Rep. W.D. SMITH as follows:
"Mr. Speaker and Members of the House, it is an honor to stand before you today to nominate Doug Smith for re-election as Speaker Pro Tempore of the House. Most of you here today have served with Doug and are familiar with his dedication to public service and his commitment to the South Carolina House of Representatives. However, for the benefit of our newest members, please allow me to offer the following information about Doug's background and his character. At age forty-four, Doug has steadily developed into one of the State's most respected leaders. He received a Bachelor of Arts degree from Wofford College and his law degree from the University of South Carolina. Doug began his service in the South Carolina General Assembly in 1993. While a member of the Judiciary Committee, Doug served as Chairman of the Constitutional Law Subcommittee. He has served as a member of the Judiciary Merit Selection Committee and is Chairman of the House Rules Committee. Additionally, Doug has been in the forefront of many major reform initiatives during his tenure in the House. I will say all that in order to make this point. Someone once said, all men can stand adversities, but if you truly want to test a man's character, give him power. During his years of service with the House of Representatives, Doug has continuously been placed in various positions of power, and through it all he has been and will continue to be a man of strong honor and integrity. I am proud to call him, my friend. For the benefit of the new members in the House, the Speaker Pro Tempore performs as Speaker in the absence of our Speaker. He has done that on several occasions and he has done this with honor. Ladies and gentlemen, it gives me a great deal of pleasure to place in nomination the name of William Douglas Smith for re-election as Speaker Pro Tempore. Mr. Speaker, I move that the nominations come to a close and Doug be elected by acclamation."
On motion of Rep. WITHERSPOON, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The SPEAKER appointed Reps. CLEMMONS, COOPER, SCARBOROUGH, GOVAN and BALES, to escort the SPEAKER PRO TEMPORE-elect to the Desk where the oath of office was administered unto him by the SPEAKER.
SPEAKER PRO TEMPORE W.D. SMITH thereupon took the Chair and addressed the House as follows:
"You know the hardest thing in the world to do, I have always said, is to try to make a flea market painting look like a Picasso, but Billy you did the best you could, and I appreciate that very much. Your words are very kind and generous, and I appreciate that. You are a good friend.
Speaker Wilkins, as I did two years ago, I once again pledge my support to you and your vision of this House and the people of this State. If history is any precedent, and I really believe that it is, anyone who serves as the Speaker Pro Tempore would do well to follow your lead. What you've accomplished in the last eight years as our Speaker has truly been remarkable. You have balanced the power of the position, and you have guarded the responsibility just as well. For this the people of this State have been well served. Billy, just a few minutes ago you mentioned a few things, but I wanted to mention a few things about my family and my parents.
I know everybody is probably getting hungry and wants to get out of here, but if you'll just indulge me for a second. If my family hadn't brought me up they way they did over the years, I can tell you I wouldn't have a chance to be here today. They gave me what I consider to be a sense of commitment to the community, to this State, and to my family. For that I will always be grateful. Every morning I drop my six year old, Cameron, off at school and as I watch her walk up the steps, I say to myself, I can't believe where the time has gone, because they are growing so fast. I married what some say is late in life. Friends like Dan Cooper says, because nobody would have me, but I know that my wait was worthwhile. No one on earth could be as lucky as I am. I happen to have a good Sumter girl, Murrell, named Alison Evans. Alison has been very special to me, she is my wife and the mother of two sometimes nearly perfect little girls. I might add, what is really important to me and should be important to you, who are joining this body, is children. They were born during the years that I served here. They know how to get around this place better than I do. They know how to get what they want when they are here, better than I do. I thank them for their love and support and I promise you this is something that all of us need to take into consideration and I don't do it enough.
The Speaker talked about his vision for what we are going to do this year and the years to come. For you new members I would like to say one thing, and to some of the older members, if you will listen, don't take your families for granted while you are here. They make this sacrifice for you, because they recognize your duty of commitment. They support you. Your first commitment has got to be to your family, because without them none of this is worth it. When people of this State come in here, I want you to know, they look down from those balconies, they look down on us and see us doing the work that we were elected to do, the work of the State. What they see really though is sort of like the board of directors of a corporation. They'll see our good and our bad moments. They'll see our knowledge and use of the rules. They will see the passion, which so many times, comes from us as we speak from that podium. But most of importantly they will see a family, a pretty big one, but a family never the less. We don't always get along, but at the end of the day we put away our differences and we are a family.
Ten years ago, folks from Spartanburg did me a great honor. They sent me to this House and I can truthfully say that I have enjoyed just about every minute. In conclusion, I want you to know that when I am away, I actually miss this place and I miss the friendships that I have been lucky enough to form. Today you do me the greatest honor of all, electing me to this position and I cherish it more than anything, next to my family. It will be hard for me to justify your continued support. I recognize the depth and the breadth of it, but I promise you this, I will always give it my best. I will support my Speaker, you, and the State.
Thanks to all of you."
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, honored guests, it is with a great deal of pleasure that I stand before you today to nominate a wonderful lady for re-election as the Clerk of our House of Representatives. Sandra K. McKinney has served as the Clerk of the House since 1988. During that time she has worked with all members of the House, Republican and Democrat, incredibly well. She is the definition of non-partisan.
Freshmen, if you ever need to know something and are not sure how to find the answer, all you really have to do is call Sandy. More than likely she knows the answer. If not, I guarantee you she knows where to find it. I have used her as a source of information from the time I was first elected and still do today after serving in the House since 1992. When I was a freshman, I memorized two phone numbers early on: my office number, and 734-2010, Sandy's number. I highly recommend you do the same.
Sandy understands that for us to do our job well, we need her and her staff, and that it is of paramount importance that they do everything they can to help with every member's request for assistance. They do not try to inject their beliefs in what you are trying to accomplish, they just do what you ask. You will soon learn just how important that is. Their goal is simply to help us to do our jobs and believe me, there is nothing simple about that, particularly this year.
Sandy and her team are a very professional group of people who are dedicated to helping each of us to make a difference in the future of our State. I am pleased to call each of them my friend. Now, at this time, it is indeed my pleasure and privilege to put into nomination for Clerk of the South Carolina House of Representatives, Sandra K. McKinney."
On motion of Rep. HARRELL, 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. J.M. NEAL nominated Mr. Mitchell G. Dorman of Kershaw as follows:
"Ladies and gentlemen of the House and special guests, it is my pleasure to place the name of Mitch Dorman for nomination for the position of Sergeant at Arms for the South Carolina House of Representatives. He has been serving in this body as Sergeant of Arms since 1990. He is a graduate of the University of South Carolina in Lancaster. He holds a degree in Criminal Justice. Mitch resides in District 44, and I have had an opportunity to be a personal friend of his for many years. Since my election to this House, I have been very impressed with the manner in which he carries out the duties of Sergeant at Arms. He has been committed and will continue to be committed and dedicated to serve everyone, and I repeat everyone, in this institution. Mitch is married to the former Leah Blanton of Spartanburg, and we are delighted to have her with us today. They are the very proud parents of their son, Nicholas. At this time, it is an honor to nominate Mitch to continue his dedicated and committed service to the House of Representatives, and I move that the nomination be closed and Mitch be elected by acclamation."
On motion of Rep. J.M. NEAL, 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. LUCAS nominated Mr. James L. Mann Cromer, Jr. as follows:
"Mr. Speaker, my good friends in the House. It is indeed a great privilege for me to come before you today to place in nomination the name of James Lewis Mann Cromer, Jr. for the position of Reading Clerk.
Mr. Cromer, "Bubba" to his many friends, has served this body with integrity as its Reading Clerk since 1999 when he was elected by acclamation. Prior to that, Bubba served in this body for eight years as an independent from 1990 to 1998. While serving in this body, Bubba was recognized for his outstanding service-being named Legislator of the Year by such outstanding organizations as the SPCA, College of Emergency Room Physicians and the S.C. Animal Care and Control Association. In 1998, Bubba received the highest honor of our State, the Order of the Palmetto.
For all of you new members, let me assure you that Bubba has what it takes to be Reading Clerk in this body.
His English degree from Clemson has given him an intricate understanding of the King's English that enables him to quickly and astutely spell difficult parliamentary terms such as recede on the big board. Not only is Bubba a great speller, he understands the political process in our state and nation to the highest degree. Many of you may have gotten a recent letter from Bubba where he was upset because his fellow independent-Jesse "The Body" Ventura failed to nominate him as interim Senator from the State of Wisconsin.
In all seriousness, it has been my honor and privilege to know Bubba Cromer since we began law school together in 1984. The outstanding qualities he exhibited there are the same qualities that he brings to the job of Reading Clerk: hard working, knowledgeable, dependable, selfless and he is truly non-partisan. Most importantly, however, Bubba has the rare quality of being able to take his job seriously without taking himself too seriously - a quality we would all surely miss if James Lewis Mann Cromer, Jr. were not the Reading Clerk for this Honorable Body.
Mr. Speaker, it is my honor to nominate Bubba Cromer as Reading Clerk for the South Carolina House of Representatives."
On motion of Rep. LUCAS, 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. LOURIE nominated Rev. Charles E. Seastrunk, Jr. of Columbia as follows:
"Mr. Speaker, ladies and gentlemen and honored guests, it is my pleasure and honor to place the name of Charles Seastrunk for nomination as Chaplain of the House. He is a resident of Richland County and has over forty-three years of experience in the ministry. Many of those years, Rev. Seastrunk served our great country as an Air Force chaplain with assignments all over the world including time in Germany and Viet Nam where he received the Bronze Star. He received his education from Pepperdine University in Los Angeles, at our own Newberry College, and at the Lutheran Theological Seminary here in Columbia. He continues to serve our military today as a part-time chaplain at the William Jennings Bryan Dorn Veteran's Hospital providing counseling for people of all faiths on base and at the hospital. Many of you probably know Rev. Seastrunk as he served this position on a volunteer basis for much of last year's session. Rev. Seastrunk is joined by his wife Sarah. They have two children who are up in the balcony along with his two brothers, his sister, his entire family, and of special interest to him, his three grandchildren. Joshua is a senior at Camden Military Academy, and Stephanie and Caitlyn both attend Richland Northeast High School. Mr. Speaker, ladies and gentlemen of the House with what promises to be a challenging, but surely productive legislative session, our Chamber would be well served by the guidance and counsel of this outstanding and wise man. Therefore, it is my honor to nominate Rev. Charles E. Seastrunk, Jr. for the position of Chaplain of the South Carolina House of Representatives. Mr. Speaker, I would like to move that the nominations be closed and that Rev. Seastrunk be elected by acclamation."
On motion of Rep. LOURIE, 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, Mr. Mitchell G. Dorman, the Reading Clerk, Mr. James L. Mann Cromer, Jr., and the Chaplain, Rev. Charles E. Seastrunk, Jr.
The following was introduced:
H. 3000 (Word version)--Reps. Wilkins and W.D. Smith: A HOUSE RESOLUTION TO PROVIDE A PROCEDURE FOR ALLOTTING SEATS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE 2003 AND 2004 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 2003 and 2004 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 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."
Be it further resolved that when the House adopts its rules for the 2003 and 2004 Sessions of the General Assembly, they shall incorporate the above provision as part of the Rules of the House of Representatives with an appropriate numerical designation.
Rep. HOWARD proposed the following Amendment No. 1 (Doc Name HOUSE\AMEND\COUNCIL\DKA\3062DW03), which was tabled:
Amend the house resolution, as and if amended, by striking all after the resolving clause and inserting:
/ That for the purposes of allotting seats to members of the House of Representatives for the 2003 and 2004 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:
Notwithstanding any other procedure adopted by the House, the allocation of seats for the members of the House of Representatives must be determined by seniority."
Be it further resolved that when the House adopts its rules for the 2003 and 2004 Sessions of the General Assembly, they shall incorporate the above provision as part of the Rules of the House of Representatives with an appropriate numerical designation.
Renumber sections to conform.
Amend title to conform.
Rep. QUINN made a motion to table the amendment, which was agreed to.
The Resolution was then 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. PHILLIPS.
Allen 38 Lourie 74
Altman 32 Lucas 95
Anthony 31 Mack 44
Bailey 106 Mahaffey 108
Bales 111 Martin 90
Barfield 7 McCraw 57
Battle 59 McGee 53
Bingham 117 McLeod 66
Bowers 1 Merrill 86
Branham 43 Miller 58
Breeland 45 Moody-Lawrence 19
Brown, G. 48 Neal, J.H. 64
Brown, J. 62 Neal, J.M. 72
Brown, R. 51 Neilson 110
Cato 21 Ott 93
Ceips 97 Owens 12
Chellis 122 Parks 67
Clark 99 Perry 11
Clemmons 6 Phillips 56
Clyburn 77 Pinson 71
Coates 52 Pitts, E.H. 101
Cobb-Hunter 82 Pitts, M.A. 68
Coleman 54 Quinn 120
Cooper 78 Rhoad 15
Cotty 121 Rice 13
Dantzler 85 Richardson 28
Davenport 40 Rivers 14
Delleney 94 Rutherford 76
Duncan 69 Sandifer 105
Easterday 27 Scarborough 33
Edge 23 Scott 63
Emory 73 Sheheen 55
Freeman 30 Simrill 18
Frye 103 Sinclair 124
Gilham 96 Skelton 17
Gourdine 83 Smith, D.C. 5
Govan 3 Smith, F.N. 39
Hagood 46 Smith, G.M. 114
Hamilton 26 Smith, J.E. 75
Harrell 34 Smith, J.R. 4
Harrison 119 Smith, W.D. 123
Harvin 89 Snow 98
Haskins 24 Stewart 10
Hayes 61 Stille 81
Herbkersman 107 Talley 113
Hines, J. 49 Taylor 70
Hines, M. 42 Thompson 91
Hinson 87 Toole 116
Hosey 2 Townsend 80
Howard 65 Tripp 20
Huggins 100 Trotter 16
Jennings 60 Umphlett 84
Keegan 8 Vaughn 25
Kennedy 88 Viers 9
Kirsh 29 Walker 109
Koon 102 Weeks 115
Leach 37 Whipper 50
Lee 41 White 79
Limehouse 35 Whitmire 104
Littlejohn 112 Wilkins 118
Lloyd 92 Witherspoon 22
Loftis 36 Young 47
Rep. W.D. SMITH moved that the House recede until 3:00 p.m., which was adopted.
At 3:00 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 W.D. Smith: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 2003 AND 2004 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 2003 and 2004 Sessions of the General Assembly:
The Speaker
Speaker Pro Tempore
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, and he may require the member raising a point of order to cite the rule or other authority in support of the question. With unanimous consent, a member may withdraw a point of order the member has raised. 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. The Chairman shall be elected by the respective committees during the organizational session. If any subsequent vacancy shall occur in a committee's chairmanship, the election of a new committee chairman shall take place at the time and date to be set by the presiding officer of the respective committee. The committees may at their discretion elect a Vice Chairman 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.
1.12 In case of emergency, the Speaker has the authority, when, in his opinion, it is impractical or dangerous to hold a regularly scheduled session(s) of the House of Representatives, to declare the body adjourned to some other time. Such actions are to be taken only in times of great emergency including, but not limited to, natural disasters, severe weather, and Acts of God.
When, due to great emergency or through inadvertence, the House is adjourned without provision for the next meeting, the Speaker may issue a call specifying the time for the next meeting.
Elected Officials
Clerk, Reading Clerk, Chaplain, and
Sergeant At Arms
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.
Members and Membership
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.
3.12 Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females, unless otherwise excused by the Speaker in his sole discretion.
Committees
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 twenty-four hour advance notice shall be given for all committee meetings. Such notice shall be mailed to the members by the committee chairmen when the House is not in session. Notice of regular and special meetings shall also be given by the administrative assistants to each member of the committees and to the Sergeant at Arms in the manner the committee deems proper. Information as to subcommittee meetings shall be provided by the administrative assistants to the Sergeant at Arms and shall be available at the Sergeant at Arms' desk. Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown. No committee shall meet while the House is in session without special leave by the Speaker. 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 two-thirds of the membership of the committee, except that the State Appropriations Bill, the Supplemental Appropriations Bill, and the Deficiency Appropriations Bill may be introduced by a majority vote of the Ways and Means Committee.
No committee shall introduce a bill pertaining to subject matter over which it has no jurisdiction.
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 a. 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.
b. When reporting a Senate bill as favorable, the committee may include in its report an amendment identical to the final version of any House bill that has been referred to that committee and passed by the House during the current two-year session. If the amendment is identical to a previously passed House bill, the amendment must be considered germane to the bill.
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, joint resolution, or concurrent resolution 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, joint resolution, or concurrent resolution as it passed the House. Such bill, joint resolution, or concurrent 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, joint resolution, or concurrent 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 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 two-thirds of the members of the House present after the committee has made its report. Provided, that any rule may be amended by a simple majority 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 8-13-540 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 two-thirds of the membership present and voting, a quorum being present. Upon resolving itself into Executive Session, the Halls of the House shall be cleared of all persons except the members of the House, the Clerk of the House and the Sergeant at Arms.
No action shall be taken which violates the Statutory Law of this State and when such action is permissible it shall only be taken upon a two-thirds vote of the membership present and voting, a quorum being present.
4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'.
Bills, Resolutions, and Reports
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 co-sponsor 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 co-sponsor 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 co-sponsor'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 and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills may include both temporary and permanent provisions of law. The substantial effect of all temporary provisions of law and amendments thereto must be directly germane to the appropriation of funds, affecting revenue, or be rules, regulations, directives, or procedures relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the bill. The substantial effect of all permanent provisions of law and amendments thereto must be directly related to and expressly germane to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. An amendment which has the effect of appropriating funds in excess of five million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment's proposed appropriation(s) or have attached to it in writing an explanation of the specific appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment's proposed appropriation(s). 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, and 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 relates 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, the Capital Reserve Fund, 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 two-thirds vote of the membership present and voting of the House, a quorum being present; provided, such vote shall be by division vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived.
5.16 Should any member seek immediate consideration of any House or Concurrent Resolution, the resolution shall receive immediate consideration unless five members object. If immediate consideration of such resolution is not sought, or in the event five members do object where immediate consideration is sought, the resolution shall be referred to an appropriate committee and shall not be considered by the House until after the committee has made its report and at that time shall take its place on the Calendar. Provided, however, a House or Concurrent Resolution concerning Sine Die Adjournment under Article III, Section 21 of the South Carolina Constitution and Section 2-1-180 of the Code of Laws of South Carolina, 1976, shall receive immediate consideration, which shall include the motion to commit or recommit.
A House or Concurrent Resolution sponsored by a committee shall receive immediate consideration if so requested by a member unless five members object, in which case it shall take its place on the Calendar without the necessity of being referred to a committee. Such resolution shall be printed in the same manner as is prescribed in Rule 5.9 for the printing of bills.
Provided, however, the Clerk shall prepare forms for House Resolutions expressing the sympathy or congratulations of the members of the House. Any member wishing to sponsor such a resolution shall forward in writing on a form prepared by the Clerk information sufficient to prepare the resolution. The 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 two-thirds 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.
Daily Order of Business and Calendar
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 three weeks of the first year of a legislative session, 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 two-thirds of the members of that committee and agreed to by majority of the members of the House present after the committee has made its report; provided, however, that notwithstanding the provisions of Rule 9 governing the amendability of bills and resolutions, no amendments may be offered to any Special Order resolution, which amendments do not pertain to the bill which is the subject of the Special Order resolution, except as to the time and date called for in such resolution.
Provided, that for the purpose of explaining any Special Order resolution the time limit for opponents shall not exceed five minutes and the time limit for proponents shall not exceed five minutes.
c. A Special Order set for a certain day and hour, not being considered by the House at the hour named, shall be transferred by the Clerk of the House to the Special Orders of the following day until disposed of, in the chronological order of original appointment.
Any member may insist upon a Special Order of the Day, or other Special Orders, until it be discharged.
d. The motion period provided for the daily order of business under Rule 6.3 shall be limited to ten minutes only.
Provided, however, that time consumed by roll call votes shall not be construed as part of time allotted to said motions period.
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.
Voting
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 forty-eight hours of the vote, the presiding officer shall adjust the vote totals to reflect the affidavit and order action on the question in accordance with the adjusted vote total. If the member filing the affidavit or any other member has knowledge of the identity of the person who voted for him while absent, he shall present this information to the presiding officer who shall refer it to the Ethics Committee for consideration of any recommendation of punishment in accordance with this rule.
i. Each member shall be issued one electronic card by the Sergeant at Arms to activate the voting console on his desk to operate the electronic voting system. That card may not be duplicated by the member nor may a duplicate be issued to a member. The card must not be left in the voting console at any time while the member is not within the outer doors of the Chamber. If a member loses his card, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his card while the House is in session, the Sergeant at Arms will provide a temporary card to that member at the member's request for that day only and that card 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.
Motions and Their Precedence
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 Committees 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 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 minutes.
Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.
Provided, further, 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 determines 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. 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. Provided, that, if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it. 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.
Amendments
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 2-1-180 of the Code of Laws of South Carolina, 1976, or to bills returned from the Senate with amendments during an extra session pursuant to Article IV, Section 19 of the South Carolina Constitution.
The consideration of amendments shall have precedence over a motion to either concur or nonconcur in the Senate amendments. Once the matter is amended and all pending amendments are considered, then said bill is returned to the Senate for consideration.
If no amendments have been adopted by the House then the question shall be: 'Will the House agree to the Senate amendment?' A decision in the negative shall be a rejection. Upon a decision in the affirmative, the title of the bill shall be changed to an act and ordered to be enrolled.
9.2 At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any 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 in this rule shall prevent a committee from amending and favorably reporting a Senate bill with an amendment identical to the final version of a House bill that was referred to that committee and passed by the House during the current two-year session. Provided, further, 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. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion.
9.5 Proposed amendments to any matter before the House shall be initially considered in the order in which received.
9.6 Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill.
Miscellaneous
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; 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 no member of the Press may conduct interviews within the House Chamber while the House is in session.
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 re-elected 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 Laptop computers located in the House Chamber may not be removed from the Chamber.
10.7 No smoking or use of tobacco products 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. Provided, further, that the consumption of food is not permitted within the House Chamber.
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 The use of audible pagers, cell phones, and any other personal communication device by any person is prohibited in the House Chamber when the House is in session and when the General Assembly is meeting in Joint Session. The use of these devices by any person is also prohibited in House committee meetings and subcommittee meetings. These devices must be turned off, or placed in a silent mode, such as vibrate, prior to being carried into the House Chamber, committee meetings, or subcommittee meetings. Should a device which has been placed in a silent mode activate in the Chamber, a committee meeting, or subcommittee meeting the person possessing the device must exit the Chamber, committee room, or subcommittee room prior to responding in any fashion."
The resolution was adopted.
The SPEAKER announced that nominations were in order for six members of the House Ethics Committee.
The following names were placed in nomination: J.R. SMITH, EASTERDAY, RICHARDSON, SCOTT, SANDIFER and HINSON.
On motion of Rep. QUINN, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, the SPEAKER announced that Reps. J.R. SMITH, EASTERDAY, RICHARDSON, SCOTT, SANDIFER and HINSON 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. LITTLEJOHN, VAUGHN, COBB-HUNTER, MARTIN, RICE, SCARBOROUGH, RHOAD and KEEGAN.
On motion of Rep. YOUNG, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Rep. LITTLEJOHN:
Allen Altman Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Hagood Hamilton Harrell Harvin Haskins Herbkersman Hines, J. Hinson Hosey Huggins Keegan Kennedy Kirsh Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. VAUGHN:
Allen Altman Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Herbkersman Hines, J. Hinson Hosey Huggins Kennedy Kirsh Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. COBB-HUNTER:
Allen Bailey Bales Battle Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Chellis Clyburn Cobb-Hunter Coleman Cooper Dantzler Emory Freeman Gourdine Govan Harvin Haskins Hines, J. Hosey Howard Kennedy Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McLeod Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinson Rhoad Rice Rivers Scott Sheheen Smith, F.N. Smith, J.E. Snow Stille Thompson Tripp Weeks Whipper White
The following named Representatives voted for Rep. MARTIN:
Allen Altman Bailey Bales Barfield Bingham Bowers Branham Breeland Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Davenport Delleney Duncan Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Herbkersman Hines, J. Hinson Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. RICE:
Allen Altman Bales Barfield Battle Bingham Bowers Branham Brown, G. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Herbkersman Hinson Hosey Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Moody-Lawrence Neilson Owens Perry Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rivers Sandifer Scarborough Sheheen Simrill Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Whipper White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. SCARBOROUGH:
Altman Bailey Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hagood Hamilton Harrell Harrison Harvin Haskins Herbkersman Hines, J. Hinson Hosey Huggins Keegan Kirsh Koon Leach Limehouse Loftis Lourie Lucas Mahaffey Martin McGee Merrill Neal, J.M. Ott Owens Perry Pinson Pitts, E.H. Pitts, M.A. Quinn Rice Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton Smith, D.C. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. RHOAD:
Allen Altman Bailey Bales Barfield Battle Bingham Bowers Branham Breeland Brown, G. Brown, J. Brown, R. Ceips Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Emory Freeman Frye Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Harvin Haskins Herbkersman Hines, J. Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Neal, J.M. Neilson Ott Owens Parks Perry Pitts, E.H. Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stewart Talley Taylor Toole Townsend Trotter Umphlett Vaughn Viers Walker Weeks Whipper Whitmire Wilkins Witherspoon Young
The following named Representatives voted for Rep. KEEGAN:
Allen Altman Bailey Bales Barfield Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Herbkersman Hines, J. Hinson Hosey Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Parks Perry Pinson Pitts, E.H. Pitts, M.A. Quinn Rhoad Rice Sandifer Scarborough Scott Simrill Sinclair Skelton Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
RECAPITULATION
Rep. LITTLEJOHN received 106
Rep. VAUGHN received 105
Rep. COBB-HUNTER received 58
Rep. MARTIN received 105
Rep. RICE received 92
Rep. SCARBOROUGH received 94
Rep. RHOAD received 103
Rep. KEEGAN received 104
Whereupon, the SPEAKER announced that Reps. LITTLEJOHN, VAUGHN, MARTIN, RICE, SCARBOROUGH, RHOAD and KEEGAN, having received a majority of the votes cast were duly elected for the term prescribed by law.
On motion of Rep. W.D. SMITH, with unanimous consent, the following invitations were taken up for immediate consideration and accepted:
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Business & Industry Political Education Committee, the Members of the House of Representatives are invited to its Annual Meeting. This event will be held at the Adam's Mark Hotel on January 14, 2003, from 3:00 p.m. until 6:00 p.m.
Sincerely,
Thomas O. DeLoach
President
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Bankers Association, the Members of the General Assembly are invited to a reception. This event will be held at the Adam's Mark Hotel on January 14, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
E. Anne Gillespie
Senior Vice President
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the Transportation Association of South Carolina, the Members of the General Assembly are invited to a breakfast. This event will be held at the Clarion Town House on January 15, 2003, from 8:00 a.m. to 8:45 a.m.
Sincerely,
James R. Griffith, President
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Broadcasters Association, the Members of the General Assembly are invited to a breakfast. This event will be held in Room 221 of the Solomon Blatt House Office Building on January 16, 2003, from 8:00 p.m. to 10:00 a.m.
Sincerely,
Shani White
Executive Director
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the Consulting Engineers of South Carolina and the South Carolina Society of Professional Engineers, the Members of the General Assembly and the Constitutional Officers are invited to a reception. This event will be held at the Faculty Club at the University of South Carolina on January 21, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Geri C. Kinton
Account Executive
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the National Federation of the Blind of South Carolina, the Members of the General Assembly are invited to a luncheon. This event will be held in Room 208 of the Blatt Building on January 22, 2003, from 12:00 noon to 2:00 p.m.
Sincerely,
Donald C. Capps
Legislative Chairman
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Department of Natural Resources, the Members of the General Assembly and staff are invited to a reception. This event will be held at the State Museum on January 22, 2003, from 6:00 p.m. to 8:30 p.m.
Sincerely,
Cary D. Chamblee
Associate Director
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the Governing Board, the Commissioner, and the staff of the South Carolina Commission for the Blind, the Members of the House of Representatives are invited to a breakfast. This event will be held at the Commission for the Blind (1430 Confederate Road) on January 23, 2003, from 7:30 p.m. to 9:30 a.m.
Sincerely,
Dr. Nell C. Carney
Commissioner
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Petroleum Marketers Association, the Members of the General Assembly, Constitutional Officers, and members of the S.C. Petroleum Marketers Association are invited to a reception. This event will be held at the Adam's Mark Hotel on January 28, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
Damita S. Jeter
Meetings and Publications Director
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Chamber of Commerce, the Members of the General Assembly and Constitutional Officers are invited to a reception. This event will be held at the Adam's Mark Hotel on January 28, 2003, from 6:00 p.m. to 8:00 p.m.
Sincerely,
S. Hunter Howard, Jr.
President and Chief Executive Officer
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Association of Christian Schools, the Members of the House of Representatives are invited to a breakfast. This event will be held at the Holiday Inn City Center on January 29, 2003, from 7:45 a.m. to 8:45 a.m.
Sincerely,
Reece Yandle
Executive Director
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the Clarion Town House Hotel, the Members of the General Assembly and staff are invited to a reception. This event will be held at the Clarion Town House on January 29, 2003, from 6:00 p.m. to 9:00 p.m.
Sincerely,
Dee Simons
Director of Sales
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Association of Council on Aging Directors, the Members of the General Assembly are invited to a breakfast. This event will be held at the Clarion Town House Hotel on January 30, 2003, from 8:00 a.m. to 8:45 a.m.
Sincerely,
James D. Hill
Legislative Breakfast Committee
November 19, 2002
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman:
On behalf of the South Carolina Association of Nurse Anesthetists, the Members of the General Assembly and staff are invited to a breakfast. This event will be held at the Blatt Building Room 221 on January 22, 2003, from 8:00 a.m. to 9:30 a.m.
Sincerely,
David Datwyler
S.C.A.N.A. President
Rep. BOWERS moved that when the House adjourns, it adjourn in memory of Mary Esther Hazel Hiers of Walterboro, which was agreed to.
Rep. SCOTT moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.
Rep. MERRILL moved that the House do now adjourn, which was agreed to.
At 3:30 p.m. the House, in accordance with the motion of Rep. BOWERS, adjourned in memory of Mary Esther Hazel Hiers of Walterboro, to meet at 10:00 a.m. tomorrow.
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