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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Bingham, Viers, Ballentine and Haley
Document Path: l:\council\bills\gjk\20053htc05.doc
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Rules
Summary: Committee on Appropriations created in the House of Representatives
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2005 House Introduced HJ-153 1/11/2005 House Referred to Committee on Rules HJ-153 1/18/2005 House Member(s) request name added as sponsor: Viers 2/23/2005 House Member(s) request name added as sponsor: Ballentine, Haley
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VERSIONS OF THIS BILL
TO AMEND RULES 4.2, 4.4, 5.1, 5.3, AND 9.2 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO COMMITTEES, BILLS, RESOLUTIONS, AND REPORTS AND AMENDMENTS, SO AS TO ESTABLISH A NEW STANDING COMMITTEE STYLED THE COMMITTEE ON APPROPRIATIONS CONSISTING OF TWENTY-FIVE MEMBERS WHICH SHALL HAVE SUBJECT MATTER JURISDICTION OVER ALL BILLS AND RESOLUTIONS APPROPRIATING REVENUES, TO PROVIDE REVISED LIMITS ON COMMITTEE SERVICE AND MAKE CONFORMING AMENDMENTS, TO MAKE THESE AMENDMENTS EFFECTIVE AFTER SINE DIE ADJOURNMENT OF THE FIRST SESSION OF THE 116TH GENERAL ASSEMBLY, TO DIRECT THE SPEAKER TO MAKE REVISED COMMITTEE ASSIGNMENTS, AND TO DIRECT THE SPEAKER TO CAUSE TO BE INTRODUCED IN THE HOUSE OF REPRESENTATIVES A BILL CONFORMING THE LAWS OF THIS STATE TO THE AMENDED RULES.
Be it resolved by the House of Representatives:
(1) That Rule 4.2 of the House of Representatives is amended to read:
"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 Appropriations - 25.
1 2. Committee on Ways and Means - 25.
2 3. Committee on the Judiciary (Privileges and Elections) - 25.
3 4. Committee on Agriculture, Natural Resources and Environmental Affairs (Fish, Game, Forestry, State Parks, Rural Development, Environmental Affairs) - 18.
4 5. Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) - 18.
5 6. Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) - 18.
6 7. Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) - 18.
7 8. Committee on Rules - 15.
8 9. Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) - 5.
9 10. House of Representatives Legislative Ethics Committee - 6.
10 11. 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 12. 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 no more than two of the first six seven Standing Committees listed above, except that the chairmen of the first seven standing committees may not serve on any of the other committees included among the first seven standing committees. However, a 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."
(2) That Rule 4.4 of the House of Representatives be amended to read:
"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, a Rescission 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 on Appropriations, 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 on Appropriations.
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."
(3) That Rule 5.1 of the House of Representatives is amended to read:
"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 on Appropriations. 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."
(4) That subrules A and D of Rule 5.3 of the House of Representatives are amended to read:
"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 Appropriations 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 on Appropriations.
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 on Appropriations version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee on Appropriations.
2. The House version of the Appropriations Bill must include the amounts recommended by the
Ways and Means Committee on Appropriations 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 on Appropriations."
(5) That Rule 9.2 of the House of Representatives is amended to read:
"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 Appropriations 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."
Be it further resolved:
(1) That the amendments in this resolution are effective on the day after sine die adjournment of the first session of the 116th General Assembly;
(2) That before sine die adjournment of the first session of the 116th General Assembly the Speaker shall provide for committee assignments in conformity with the amendments in this resolution;
(3) That the Speaker shall cause to be introduced in the House of Representatives a bill that conforms the law of the State to the amendments in this resolution, including but not limited to, the budget process and membership of the State Budget and Control Board.
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