Reference is to the resolution as introduced.
Amend the resolution, as and if amended, by deleting Rule 1.7 and inserting:
/ "1.7 The Speaker shall be elected on the opening day of the organizational session by the membership of the House. Pursuant to this rule a person elected Speaker may not serve more than five consecutive terms in that office." /
Amend further by deleting Rule 1.8 and inserting:
/ "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 and shall preside in the absence of the
Speaker. If a conflict of interest arises involving the Speaker
and the performance of his duties the Speaker Pro Tempore
shall perform the duties of the Speaker to the extent that the
conflict of interest exists. Furthermore, pursuant to this rule
a person elected Speaker Pro Tempore may not serve more
than five consecutive terms in that office.
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." /
Amend further by deleting Rule 1.9 and inserting:
/ "1.9 All
committees shall be appointed by the Speaker, unless otherwise
provided for by rule or 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.
Provided, when appointing members
to a Committee on Conference or Free Conference, the Speaker
shall consult with the majority and minority political party
leaders and appoint at least one member of the minority
political party represented in the House." /
Amend further by deleting Rule 4.2 and inserting:
/ "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 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. Committee on Regulations and Administrative Procedures (State Agency Rule Making, SC Code of Laws Section 1-23-10 et seq.) - 13.
10. Committee on Legislative Oversight (Oversight and Review of Government Operations and Accountability, SC Code of Laws Section 2-2-5 et seq.) - 20.
9.11. House of
Representatives Legislative Ethics Committee - 10.
10.12.
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.
11.13.
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 8.
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 Regulations and
Administrative Procedures, Committee on Legislative
Oversight, 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 a minimum of two
members from each of the first six Standing Committees listed
above shall be appointed to the Committee on Regulations and
Administrative Procedures.
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. The Committee on Operations and
Management of the House of Representatives shall consist of
eight members. Four members of the committee shall be members
of the majority party represented in the House of
Representatives and four members shall be members of the
minority party represented in the House of Representatives or be
nonaffiliated with any party or another party not in the
majority. The Chairman of the Committee on Operations and
Management of the House shall be one of the four members of the
committee from the majority party represented in the House to be
elected by the members of the committee. Other officers of the
committee are not required to be affiliated with a particular
party.
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 remove a member for conduct unbecoming a member.
Provided, that in filling a vacancy,
the assignment of any member may be changed from another
committee to fill such vacancy." /
Amend further by deleting Rule 4.8 and inserting:
/ "4.8 Any bill,
report, petition, or other paper except an amendment which may
come before the House, may be committed or recommitted before a
final decision thereon. Provided, further that the
Speaker may, in his discretion, shall
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 the
heading of second reading or concurrent resolution. 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. Provided, the
provisions of this rule may be dispensed with by a two-thirds
vote of the membership present and voting of the House, a quorum
being present." /
Amend further by deleting Rule 4.16 and inserting:
/ "4.16 A.
The House of Representatives Legislative Ethics
Committee consists of ten (10) members. The ten members of the
House of Representatives Legislative Ethics Committee shall be
elected by the members of the House. Five members of the
committee shall be members of the majority party represented in
the House of Representatives and five members shall be members
of the minority party represented in the House of
Representatives or be nonaffiliated with any party or another
party not in the majority. The Chairman of the Ethics Committee
shall be one of the five members of the committee from the
majority party represented in the House to be elected by the
members of the committee. Other officers of the committee are
not required to be affiliated with a particular party and shall
be elected by members of the committee as well.
The committee has the following
powers and duties:
(1)(a) to
receive complaints or charges concerning conduct alleged to be
unethical from any citizen of this State or member of the House
against:
(i)
House members;
(ii) former
House members, provided the allegations are related to the
former member's service in the House;
(iii)
candidates for the House;
(iv) former
candidates for the House, provided the allegations are related
to the former candidate's bid for the House;
(v) officers
and employees of the House;
(vi) staff
and independent contractors of a House legislative caucus
committee.
Only sworn written
complaints or charges may be considered;
(b) to file a
complaint upon concurrence of at least four members of the House
Ethics Committee when alleged violations are identified;
(c) for
purposes of this Rule, unethical conduct may include, but is not
limited to, a:
(i)
violation of Chapter 13, Title 8;
(ii)
violation of Chapter 17, Title 2; or
(iii) breach
of this Rule by a person designated in a.(1)(a) above or as
designated by statute;
(2) to
investigate these complaints and charges and, if warranted, to
report the results of these investigations to the House with
recommendations for further appropriate action as authorized by
law;
(3) upon
request of any member, officer, or employee of the House to
render advisory opinions with regard to legislative ethics when,
in their judgment, these opinions would serve the public
interest, and to act as an advisory body to the House and to
individual members of or candidates for the House on questions
pertaining to the disclosure and filing requirements;
(4) to make
available annually to the House a compilation of the principles
provided in advisory opinions rendered;
(5) to
administer or recommend appropriate sanctions or dismiss
charges;
(6) to
ascertain whether a person has failed to comply fully and
accurately with the disclosure requirements of Chapter 13, Title
8 and promptly notify the person to file the necessary notices
and reports to satisfy the requirements; and
(7) to
recommend a rule or statutory change relating to ethics as the
committee deems appropriate.
b.
All papers, documents, complaints, charges,
requests for advisory opinions, and any other material required
to be filed with or received by the committee are strictly
confidential prior to a finding of probable cause, or a waiver
of confidentiality by the respondent. No persons involved with
a complaint before the committee, including complainant,
respondent, counsel, counsel's secretaries, committee members
and staff, and investigators shall mention the existence of any
proceeding nor disclose any information pertaining to it, unless
otherwise permitted by the Rules. Disclosure of confidential
information must be punished in a manner provided by the Ethics,
Government Accountability, and Campaign Reform Act. If the
House Ethics Committee finds that a person has violated the
provisions of this subsection, it must report its findings to
the Attorney General.
c.
Information that must be made public following a
finding of probable cause or waiver of confidentiality by the
respondent is:
(1) the
complaint;
(2) the
response by the respondent;
(3) any
exhibits introduced at a public hearing, subject to redaction of
information of a personal nature when public disclosure would
constitute unreasonable invasion of personal privacy; and
(4) the final
order issued by the committee.
d.
All investigations, inquiries, hearings and
accompanying documents must remain strictly confidential until a
finding of probable cause, unless the respondent waives the
right to confidentiality.
(1) A
certified copy of the sworn statement of charges against the
respondent must be given to him or her within ten days of the
time the statement of charges is received by the Chairman of the
Ethics Committee. The respondent has the right to file a
response to the complaint within fifteen calendar days after
receipt of the complaint and to face and cross examine his
accusers and the witnesses against him at any hearing called by
the Ethics Committee. All hearings following a finding of
probable cause must be conducted in open session. The Ethics
Committee must call a hearing if a majority of the membership of
the Ethics Committee feels that the charges have merit or if the
respondent formally requests a hearing.
(2) No
complaint may be accepted by the Ethics Committee concerning a
member of or candidate for the House during the fifty-day period
before an election in which the member or candidate is
participating. During this fifty-day time period, a person may
petition the court of common pleas alleging the violations
complained of pursuant to the provisions of Section 8-13-530.
Action on a complaint filed against a member or candidate which
was received more than fifty days before the election but which
cannot be disposed of or dismissed by the Ethics Committee at
least thirty days before the election must be postponed until
after the election.
(3) If the
Ethics Committee determines the complaint does not allege facts
sufficient to constitute a violation, the complaint must be
dismissed and the complainant and respondent notified. If the
Ethics Committee finds that the complaining party wilfully filed
a groundless complaint, the finding must be reported to the
Attorney General. If the Ethics Committee determines the
complaint alleges facts sufficient to constitute a violation, it
shall promptly investigate the alleged violation and may compel
by subpoena the attendance and testimony of witnesses and the
production of pertinent books and papers. The subpoena must be
signed by the Chairman of the House Ethics Committee.
(4) No
complaint shall be accepted which is filed later than four years
after the violation is alleged to have occurred.
e.
All ethics committee investigations and records
relating to the preliminary investigation are confidential
unless otherwise permitted by the Rules.
(1) If the
Ethics Committee finds that probable cause exists to support an
alleged violation after a preliminary investigation, as
appropriate, it shall:
(a) render an
advisory opinion to the respondent and require the respondent's
compliance within a reasonable time; or
(b) convene a
formal hearing on the matter.
(2) If the
Ethics Committee renders an advisory opinion and the respondent
fails to comply, the committee must convene a formal hearing on
the matter within thirty days of the respondent's failure to
comply.
(3) If a
hearing is to be held, the respondent must be allowed to examine
and make copies of all evidence in the Ethics Committee's
possession relating to the charges. The Committee must
establish procedures which afford respondents appropriate due
process protections, including the right to be represented by
counsel, the right to call and examine witnesses, the right to
introduce exhibits, and the right to cross examine opposing
witnesses. All hearings must be conducted in open session.
(4) After the
hearing, the Ethics Committee shall determine its findings of
fact. If the Committee, based on competent and substantial
evidence, finds the respondent has violated Chapter 13, Title 8,
or Chapter 17, Title 2, or violated this Rule, it shall:
(a)
administer a public reprimand;
(b) require
the respondent to pay a civil penalty not to exceed two thousand
dollars for each nontechnical violation that is unrelated to the
late filing of a required statement or report or failure to file
a required statement or report;
(c) require
the forfeiture of gifts, receipts, or profits, or the value of
them, obtained in violation of Chapter 13, Title 8 or Chapter
17, Title 2;
(d) recommend
expulsion of the member;
(e) in the
case of an alleged criminal violation, refer the matter to the
Attorney General for investigation; or
(f) require a
combination of subitems (a) through (e), as necessary and
appropriate.
If the Ethics Committee
finds the respondent has not violated a statutory provision or
Rule or engaged in unethical behavior, it shall dismiss the
charges.
(5) The
Ethics Committee shall report its findings in writing to the
Speaker of the House. If the Committee finds a violation of a
statutory provision or Rule or finds unethical behavior, the
report must be accompanied by an order of punishment that is
supported and signed by a majority of the Ethics Committee
members.
(6) The
respondent has ten calendar days from the date of the
notification of the Ethics Committee's action to appeal the
action to the full House.
(7) No Ethics
Committee member may participate in any matter in which he is
involved as a respondent.
(8) Upon
receipt of a recommendation of expulsion or an appeal from an
order of the Ethics Committee, the Speaker of the House shall
call the House into open session at a time to be determined at
his discretion to consider the action of the Ethics Committee.
The House shall either sustain or overrule the Ethics
Committee's action or order other action consistent with these
Rules as otherwise permitted by statute. The consideration and
results of a House Ethics Committee report are a matter of
public record.
(9) No member
may vote on the question of his expulsion from the House.
(10) Failure
to fully comply with a final ethics order is a separate
violation that may be considered by the Ethics Committee.
f.
If the House Ethics Committee finds the respondent
has failed to file or was late in filing a required statement of
economic interest or campaign disclosure report, the House
Ethics Committee must order the respondent to pay a fine
according to the provisions in Section 8-13-1510.
g.
The House Ethics Committee may, in its discretion,
determine that errors or omissions on statements of economic
interests and campaign disclosure reports are inadvertent and
unintentional and not an effort to violate a requirement of
Chapter 13, Title 8 and may be handled as technical violations
not subject to the provisions of Chapter 13, Title 8 pertaining
to ethical violations. The House Ethics Committee may assess a
penalty for technical violations not exceeding fifty dollars.
h.
The Speaker of the House, and the House Ethics
Committee on behalf of the entire House, may receive:
(1) certified
copies of any indictment or information for a felony or offense
against the election laws filed or returned against any member
of the House;
(2) certified
copies of any plea of guilty or nolo contendere to the felony
entered by any member of the House;
(3) certified
copies of any conviction of a member for a felony; and
(4) certified
copies of any opinion, order, or judgment of any court, state or
federal, trial or appellate, relating to any of the
aforementioned matters. B.
Jurisdiction
(1)
The committee shall have jurisdiction over
individuals and entities pursuant to Chapter 13, Title 8.
(2)
No matter shall be considered later than four
years after the violation allegedly occurred.
(3)
No complaint may be accepted by the Ethics
Committee concerning a member of or candidate for the House
during the fifty-day period before an election in which the
member or candidate is participating.
C.
Duties
The committee shall:
(1)
receive complaints or allegations concerning any
person under the jurisdiction of the committee alleging a
violation of Chapter 13, Title 8 or Chapter 17, Title
2;
(3)
cause to be investigated these complaints or
allegations;
(4)
upon request of any member, officer, or employee
of the House render committee advisory opinions with regard to
legislative ethics when, in its judgment, these opinions would
serve the public interest. Such advisory opinions shall serve as
binding precedent for the committee until specifically altered
or withdrawn;
(5)
act as an advisory body to the House and to
individual members of or candidates for the House on questions
pertaining Chapter 13, Title 8 or Chapter 17, Title 2;
(6)
issue through its staff a written informal
advisory opinion, based on real or hypothetical sets of
circumstances, to a person or entity within the committee's
jurisdiction upon that person's or entity's request. If an
informal advisory opinion is raised as a defense in response to
a complaint, the committee shall consider whether the respondent
is the person who requested the informal advisory opinion or is
a member of the entity that requested the informal opinion. The
committee also shall consider the accuracy of the facts
presented in the informal advisory opinion and determine whether
the respondent relied in good faith upon the written informal
advisory opinion. The committee shall consider this information
prior to making a probable cause determination;
(7)
administer or recommend appropriate sanctions or
dismiss charges as the result of a properly filed complaint;
(8)
ascertain whether a person has failed to comply
fully and accurately with the disclosure requirements of Chapter
13, Title 8 and promptly notify the person to file the necessary
disclosures to satisfy the requirements and assess and collect
any fines or fees authorized by state law for the failure to
timely file a disclosure statement; and
(9)
recommend a rule or statutory change relating to
ethics as the committee deems appropriate.
D.
Complaints and Investigations
(1)
Complaints must be written, sworn, and contain
allegations of specific conduct believed to be a violation
within the jurisdiction of the committee.
(2)
When a complaint is filed with or by the
committee, a copy must be sent to the person alleged to have
committed the violation, the respondent, within thirty days from
the date the complaint was filed and prior to the initiation of
any investigation.
(3)
If the committee determines that the complaint
alleges facts sufficient to constitute a violation, an
investigation shall be conducted into the alleged violation.
(4)
Upon the initiation of an investigation by the
committee, pursuant to Rule 4.16D.(3) the committee shall notify
the respondent of what matters it intends to investigate and the
respondent shall have the opportunity to submit a written
response to any complaint or allegations being investigated
within thirty days of being notified by the committee.
(5)
The committee may compel testimony and issue
subpoenas for the procurement of witnesses and materials
including books, papers, records, documents, or other tangible
objects relevant to its investigation by approval of the
chairman or a majority of the committee membership, subject to
judicial enforcement as provided by law. The committee may
administer oaths and affirmation for the testimony. A person to
whom a subpoena has been issued may move before the committee
for an order quashing a subpoena issued pursuant to this
rule.
(6)
If the committee determines that assistance is
needed in conducting an investigation, the committee shall
request the assistance of appropriate agencies.
(7)
Upon completion of the committee's
investigation, the committee shall make a determination as to
whether there is probable cause to believe a violation under its
jurisdiction has occurred. If the committee determines that
there is no probable cause it shall dismiss the complaint. If
probable cause is found the committee may either:
(a)
render an advisory opinion to the respondent and
require the respondent's compliance within a reasonable time;
or
(b)
convene a formal public hearing on the matter
within thirty days.
(8)
The committee shall refer any matters,
regardless of a finding of probable cause, that are violations
of law not under its jurisdiction to the appropriate law
enforcement or regulatory agency.
E. Formal
Public Hearings
(1)
All formal public hearings of the committee must
be open to the public subject to the provisions of the Freedom
of Information Act (Chapter 4, Title 30).
(2)
The investigator or attorney handling the
investigation for the committee shall present the evidence
related to the complaint at any public hearing and shall not
serve as counsel to the committee during the hearing.
(3)
It is the duty of the investigator or attorney
to further investigate the subject of the complaint and any
related matters under the jurisdiction and at the direction of
the committee, to request assistance from appropriate state
agencies as needed, to request authorization from the House of
Representatives for funds for the hiring of auditors,
investigators, or other assistance as necessary, to prepare
subpoenas, and to present evidence to the committee at any
public hearing. The committee shall maintain the authority to
approve subpoenas, dismiss complaints, schedule hearings, grant
continuances, and any other authority as provided for by the
rules.
(4)
The respondent must be allowed to examine and
make copies of all evidence in the committee's possession
relating to the charges. At the hearing the respondent must be
afforded appropriate due process protections, including the
right to be represented by counsel, the right to call and
examine witnesses, the right to introduce exhibits, and the
right to cross-examine opposing witnesses. The committee shall
issue subpoenas for the attendance of witnesses requested by the
respondent pursuant to these rules.
(5)
The committee may deliberate in executive
session but must render its findings of fact and issue any
sanctions in a public hearing.
F.
Sanctions
(a)
If the committee finds the respondent has
committed a violation within the committee's jurisdiction it
shall:
(1)
administer a public reprimand;
(2)
determine that a technical violation as provided
for in Section 8-13-1170 or 8-13-1372 has occurred;
(3)
require the respondent to pay a civil penalty
not to exceed two thousand dollars for each nontechnical
violation that is unrelated to the late filing of a required
statement or report or failure to file a required statement or
report;
(4)
require the forfeiture of gifts, receipts, or
profits, or the value of each, obtained in violation of Chapter
13, Title 8 or Chapter 17, Title 2;
(5)
recommend expulsion of the member;
(6)
provide a copy of the complaint and accompanying
materials to the Attorney General if the committee finds that
there is probable cause to support the existence of criminal
intent on the part of the respondent when the violation
occurred;
(7)
require a combination of items (1) though (6) as
necessary and appropriate.
(b)
The Committee shall report its findings in
writing to the Speaker of the House of Representatives. The
report must be accompanied by an order of punishment and
supported and signed by a majority of the ethics committee
members. If the committee finds the respondent has not violated
a code or statutory provision, it shall dismiss the charges.
(c)
The complainant or respondent has ten days from
the date of the notification of the committee's action to appeal
the action to the full legislative body by written notice to the
Speaker of the House.
G.
Confidentiality
(1)
All investigations and accompanying documents
are confidential and only may be released pursuant to this
rule.
(2)
The respondent or his counsel may, by written
notice, waive the confidentiality requirement. The committee
shall not accept any partial waivers.
(3)
After a finding of probable cause by a majority
of the committee or a waiver by the respondent, the following
documents become public record: the complaint, the response by
the respondent, the notice of hearing, exhibits introduced at a
hearing, the committee's findings, and the final order.
Exhibits introduced must be redacted prior to release to exclude
personal information when the public disclosure would constitute
an unreasonable invasion of personal privacy including, but not
limited to, social security and bank account numbers.
H.
General Provisions
(1)
Unless otherwise indicated by rule or statute,
all meetings, deliberations, actions, issuance of advisory
opinions, debates, recommendations, and other activities of the
committee are subject to the provisions of the Freedom of
Information Act (Chapter 4, Title 30).
(2)
In an instance when the statutory process of
amending a required disclosure form cannot adequately correct an
error or omission contained in the form, persons subject to the
jurisdiction of the committee may request that the committee
correct the original filing electronically. All requests must be
made to the committee in writing, containing the specific error
or omission to be corrected and an explanation as to why the
statutory amendment process is not adequate. The request is
considered public and must be supported by a vote of a majority
of the committee to be carried out. The committee will maintain
a record of requests made and changes made for no less than five
years.
(3)
Notwithstanding Section 8-13-1340, a member of
the House shall not, directly or indirectly, establish, finance,
maintain, or control any entity including, but not limited to, a
noncandidate committee that receives or makes contributions as
defined in Section 8-13-1300. This rule does not apply to a
candidate committee or a legislative caucus committee.
(4)
The Clerk of the House shall, in consultation
with the Chairman of the Ethics Committee, cause to be employed
by the House of Representatives, counsel exclusively for the
purpose of providing legal advice and counsel to the Ethics
Committee. Counsel employed for this purpose shall not be
employed by or with any office within the House of
Representatives other than the office of the Clerk of the
House." /
Amend further by adding Rule 4.20 to read:
/ "4.20 All Committees and subcommittees shall order a roll call vote, with the yeas and nays recorded in the minutes, on the questions of adopting a bill or joint resolution with a favorable report." /
Amend further by deleting Rule 5.3A. and inserting:
/ "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 Revenue and Fiscal Affairs
Office 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 Revenue and Fiscal Affairs
Office 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 Revenue and Fiscal Affairs
Office cannot give such certificate, the Speaker shall order
the bill recommitted to the Ways and Means Committee." /
Amend further by deleting Rule 5.6 and inserting:
/ "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. Provided, a request to dispense with reference to committee shall not be in order unless the call of the roll of the House has been taken that day and the Speaker has determined a quorum to be present." /
Amend further by deleting Rule 5.14 and inserting:
/ "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.
Provided, no report of a
Committee on Conference or Free Conference concerning the
General Appropriations Bills, Supplemental Appropriations Bills
for the ordinary expenses of State Government, or legislation
appropriating the Capital Reserve Fund, shall be considered
until such report has been:
(1)
printed in the House Journal; and
(2) made
available online to the public for at least twenty-four
hours.
The provisions of this paragraph may be specifically dispensed
with by a two-thirds vote of the members present and voting of
the House, a quorum being present." /
Amend further by deleting Rule 5.19 and inserting:
/ "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.
Provided, each bill or joint
resolution, prior to receiving second reading, must be explained
for a minimum of ten minutes or until all questions from House
members are addressed, whichever occurs first. The committee
chairman of the committee to which a bill or joint resolution
was referred, the committee chairman's designee, the sponsor(s)
of the bill or joint resolution, and other members of the House
may jointly explain the bill or joint resolution in order to
provide the required explanation.
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. When the pending question is adoption of a Conference or
Free Conference Report, the yeas and nays must be taken by roll
call and the votes on it must be recorded by name in the
Journal. Furthermore, the question of adoption of a Conference
or Free Conference Report is subject to the provisions of Rule
8.6." /
Amend further by deleting Rule 6.1a. and inserting:
/ "6.1 a. 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." /
Amend further by deleting Rule 9.1 and inserting:
/ "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 General Appropriations Bill,
Supplemental Appropriations Bill for the ordinary expenses of
State Government, and legislation appropriating the Capital
Reserve Fund, having been returned from the Senate with
amendments, shall not be considered until:
(1) their
number and title shall have been printed in the House Calendar;
and
(2) their
contents, as amended, have been made available online to the
public for at least forty-eight hours.
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 an ordered to be enrolled."
/
Amend further by adding Rule 10.12 to read:
/ "10.12
The Clerk's Office shall establish procedures for the
hiring of staff for the House of Representatives. The
procedures must provide that the Clerk's Office shall receive
and review all applications for employment vacancies within the
House, and the Clerk's Office shall submit a list of the most
qualified applicants to the appropriate supervisory authority
for consideration. The appropriate supervising authority shall
select an applicant from the list submitted by the Clerk's
Office. If the appropriate supervisory authority determines no
applicant is acceptable the Clerk's Office shall reopen the
application process, receive and review additional applications
for the vacancy, and will resubmit a list of the most qualified
applicants to the appropriate supervisory authority. The
appropriate supervisory authority's selected applicant then must
be submitted to the Speaker of the House for final appointment
as a member of the staff of the House of Representatives.
For purposes of this rule the
Speaker of the House and the Speaker Pro Tempore are the
supervisory authority for their respective offices. The
Committee Chairmen are the supervisory authority for their
respective committees, and the Sergeant at Arms is the
supervisory authority for security personnel necessary for the
proper performance of the Sergeant at Arms' office and security
needs of the House Chamber, Solomon Blatt Building, and other
areas under the Sergeant at Arms' jurisdiction. The Clerk is
the appropriate supervisory authority for administrative and
clerical staff of the House necessary for the proper operation
of the Clerk's Office and the general administrative and
clerical needs of the House.
Provided, the appropriate
supervisory authority's selected applicant must be submitted to
the Speaker of the House for final appointment as a member of
the staff of the House of Representatives." /
Amend further adding Rule 10.13 to read:
/ "10.13 The Clerk's Office shall conduct reviews of employee salaries and compensation and shall, upon consultation with the appropriate supervisory authority, submit salary and compensation recommendations regarding new and current employees to the Speaker of the House. After consideration of these recommendations, the Speaker shall set the salary and compensation of new and current employees." /
Renumber sections to conform.
Amend title to conform.