A house RESOLUTION

 

TO AMEND RULES 6.3 14. AND 15., AND 8.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, ALL RELATING TO THE MOTION PERIOD, SO AS TO DELETE THE MOTION PERIOD AND ALL REFERENCES TO IT, AND TO FURTHER AMEND 15. TO MAKE A TECHNICAL CHANGE TO MATTERS REGARDING SETTING SPECIAL ORDER; TO AMEND RULE 4.2 10., RELATING TO STANDING COMMITTEES AND THEIR MEMBERSHIPS, SO AS TO RENAME THE COMMITTEE ON LEGISLATIVE OVERSIGHT THE COMMITTEE ON GOVERNMENT EFFICIENCY AND LEGISLATIVE OVERSIGHT; TO AMEND RULE 5.20, RELATING TO RESOLUTIONS MEMORIALIZING CONGRESS, AN AGENCY, OR AN OFFICIAL, SO AS TO PROVIDE THESE MAY BE REFERRED TO THE COMMITTEE ON INVITATIONS AND MEMORIAL RESOLUTIONS OR TO THE APPROPRIATE COMMITTEE WITH SUBJECT MATTER JURISDICTION CONCERNING THE RESOLUTION; TO AMEND RULE 4.13, RELATING TO INVITATIONS, SO AS TO ALLOW THE COMMITTEE ON INVITATIONS AND MEMORIAL RESOLUTIONS TO ACCEPT INVITATIONS AS EARLY AT 5:00P.M.; TO DELETE RULE 5.12 RELATING TO THE APRIL TENTH CROSSOVER DEADLINE FOR LEGISLATION; TO AMEND RULE 4.4, RELATING TO COMMITTEE OPERATIONS, SO AS TO REQUIRE STREAMING OF COMMITTEE AND SUBCOMMITTEE MEETINGS WHEN FEASIBLE AND PROVIDE A CAVEAT; TO ADD RULE 2.17 SO AS TO PROVIDE THAT THE CLERK, READING CLERK, CHAPLAIN, AND SERGEANT AT ARMS MUST PERFORM THEIR DUTIES IN A FAIR AND PROFESSIONAL MANNER THAT DOES NOT OPENLY REFLECT THEIR PERSONAL POLITICAL BELIEFS OR OPINIONS CONCERNING ISSUES, CAMPAIGNS, OR OTHER MATTERS BEFORE THE GENERAL ASSEMBLY; AND TO DELETE RULES 4.9, 4.10, 4.11, AND 4.12, ALL RELATING TO THE COMMITTEE OF THE WHOLE AND ITS OPERATION.

 

Be it resolved by the House of Representatives:

 

(1)        That Rule 6.3 14. and 15. of the Rules of the House of Representatives is amended to read:

 

14.       a.        motion period;

 

            b.         consideration of local contested bills and joint resolutions on second reading;

 

15.       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 billsmatters placed 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,. Resolutions setting matters for special order may include language governing the time, date, and debate of the matters set for special order; 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. (Reserved.)     

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 12b and 14b 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 12 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 12 of this rule.

 

(2)        That Rule 8.9 of the Rules of the House of Representatives is amended to read:

 

            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. (Reserved.)

 

(3)        That Rule 4.2 10. of the Rules of the House of Representatives is amended to read:

 

                        10.       Committee on Government Efficiency and Legislative Oversight (Oversight and Review of Government Operations and Accountability, SC Code of Laws Section 2-2-5 et seq.) -- 20.

 

(4)        That Rule 5.20 of the Rules of the House of Representatives is amended to read:

 

            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 or the appropriate committee with subject matter jurisdiction concerning the resolution.  Provided, a House or Concurrent Resolution referred to the Committee on Invitations and Memorial Resolutionsand 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.

 

(5)        That Rule 4.13 of the Rules of the House of Representatives is amended to read:

 

            4.13     No person shall be permitted to address the House or the Joint Assembly except by written resolution, and such resolution shall be referred to the Committee on Invitations and Memorial Resolutions before being considered by the House.  The Committee shall not extend an invitation to any individual or group to address the House or the Joint Assembly unless such person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the State or such individual or group will present an artistic performance during the established hours of meeting.

            Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its Committees before the invitation is accepted.  The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:005:00 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.

 

(6)        That Rule 5.12 of the Rules of the House of Representatives is amended to read:

 

            5.12     No bill or joint resolution from the Senate shall be considered unless received by April tenth in the House.  Provided, such bill or joint resolution shall be placed on the Calendar for further consideration if two thirds of those members present and voting agree to waive the rule.  Any bill or joint resolution failing to receive the required vote shall be returned to the appropriate committee.  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. (Reserved.)

 

(7)        That Rule 4.4 of the Rules of the House of Representatives is amended to read:

 

            4.4       Committees shall meet regularly to consider pending legislation in the room assigned for their use by the Speaker or as otherwise authorized by this rule.  Notice of date, time, and place of such meetings shall be posted on the legislative website and displayed in the lobby on each floor of the Solomon Blatt Building.  A committee should give a minimum of twenty-four hour advance notice for all committee meetings.  Provided, however, in case of necessity due to exigent circumstances, the Speaker, in his sole discretion, may waive the twenty-four hour advance notice requirements herein.  Committee chairmen must notify the committee members of all meetings.  Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown.  Committee and subcommittee meetings shall be streamed online whenever feasible; however, the inability to broadcast a meeting online shall not invalidate any action taken at a meeting. 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.

            A Committee may provide, pursuant to its own rules, for the Chairmen to designate alternative meeting arrangements and procedures. Provided, however, the Chairman may only implement  alternative meeting arrangements and procedures in the event that extraordinary circumstances including, but not limited to, natural disasters, severe weather, and Acts of God, render them necessary.  The alternative meeting arrangements and procedures must:

            (1)        provide for public observation or participation as required by House Rules and the provisions of Title 30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended;

            (2)        provide both a video and audio component that is publicly accessible; and

            (3)        record the meeting, in its entirety, and make the recording available on the General Assembly website, as soon as practicable following the meeting. 

            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 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.

 

(8)        That Rule 2 of the Rules of the House of Representatives is amended by adding:

 

            2.17     The Clerk, Reading Clerk, Chaplain, and Sergeant at Arms must perform the duties and responsibilities of their offices in a fair and professional manner that does not openly reflect their personal political beliefs or opinions concerning issues, campaigns, or other matters before the General Assembly.

 

(9)        That Rules 4.9, 4.10, 4.11, and 4.12 of the Rules of the House of Representatives are amended to read:

 

            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. (Reserved.)

 

            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'. (Reserved.)

 

            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. (Reserved.)

 

            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. (Reserved.)

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