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 12:00 Noon by Sandra K. McKinney, the Clerk of the late House of Representatives.
Deliberations were opened with prayer by the Chaplain of the late House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Cause us to know, O Lord, that extraordinary times require extraordinary wisdom. We, therefore, seek Your wisdom and Your guidance. As we pray, we refrain from giving God instruction; instead to report for duty. Where we have come from is not nearly as important as where we are going. Guide us in keeping with Your perfect knowledge of our needs, as in full awareness we know that nothing is too big for God to accomplish through us, and nothing too little for Him to not notice to accomplish by us. Make us to use completely the nearness of Your leadership during this organizational session, and always. 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. HARWELL.
The CLERK of the late House announced that the first business in order was the election of a Temporary Chairman.
Rep. KEESLEY nominated Rep. J.W. JOHNSON of Clinton.
On motion of Rep. L. MARTIN, 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. STODDARD and GENTRY to escort Rep. J.W. JOHNSON to the rostrum.
Rep. J.W. JOHNSON presented his credentials and the oath of office was administered unto him by the Clerk.
Rep. J.W. JOHNSON thereupon took the Chair.
The Temporary CHAIRMAN appointed Mrs. Sandra K. McKinney to act as Temporary Clerk; Mr. Sidney F. Varn as Temporary Reading Clerk and Mr. Mitchell Dorman as Temporary Sergeant at Arms.
The following was received.
November 23, 1990
The Honorable Robert J. Sheheen
Speaker, South Carolina House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Bob:
Having recently been elected to the South Carolina Senate, I hereby tender this letter as my resignation as Representative of House District #116 effective November 26, 1990.
It has been a great honor to serve in the South Carolina House over the years and I look forward to working with you in the Senate.
Most respectfully,
McKinley Washington, Jr.
Senator, District 45
Received as information.
The following was received.
I, John T. Campbell, Secretary of State of the State of South Carolina hereby certify:
Clerk of the House of Representatives
State House
Columbia, South Carolina
Members of the House:
The State Election Commission has certified to this office those members of the House of Representatives of South Carolina which were elected in the election on November 6, 1990. The Members are hereby certified as set forth in the attached pages as the duly and properly elected Members of the House of Representatives, all of which is duly certified.
Given under my Hand and the Great Seal of the State at Columbia this 30th day of November, A.D., 1990, and in the two hundred and fifteenth year of the Independence of the United States of America.
John T. Campbell
Secretary of State
HOUSE DISTRICT ELECTED
District # 1 Thomas C. Alexander (D)
District # 2 Lowell W. Ross (D)
District # 3 Claude V. Marchbanks, Jr. (R)
District # 4 Larry A. Martin (R)
District # 5 B.L. Hendricks, Jr. (R)
District # 6 John W. Tucker, Jr. (D)
District # 7 Ronald P. Townsend (D)
District # 8 C.D. Chamblee (D)
District # 9 Patrick B. Harris (D)
District # 10 Daniel T. Cooper (R)
District # 11 James "Bob" Shirley (D)
District # 12 Jennings G. McAbee (D)
District # 13 James C. Johnson (D)
District # 14 Marion P. Carnell (D)
District # 15 James W. Johnson, Jr. (D)
District # 16 Eugene C. Stoddard (D)
District # 17 Harry F. Cato (R)
District # 18 Lewis R. Vaughn (R)
District # 19 Michael L. Fair (R)
District # 20 H. Howell Clyborne, Jr. (R)
District # 21 Michael F. Jaskwhich (R)
District # 22 Terry E. Haskins (R)
District # 23 Ennis M. Fant (D)
District # 24 David H. Wilkins (R)
District # 25 Sarah G. Manly (D)
District # 26 James G. Mattos (D)
District # 27 M.O. Alexander (D)
District # 28 Boyd Odell Baker (R)
District # 29 Olin R. Phillips (D)
District # 30 special election
District # 31 Don Beatty (D)
District # 32 J. Derham Cole (R)
District # 33 Lanny Littlejohn (R)
District # 34 Carole C. Wells (R)
District # 35 Stephen P. Lanford (R)
District # 36 Alfred C. McGinnis, Sr. (R)
District # 37 Kathleen G. Kempe (D)
District # 38 Danny M. Bruce (R)
District # 39 Larry E. Gentry (D)
District # 40 Dave C. Waldrop, Jr. (D)
District # 41 Timothy C. Wilkes (D)
District # 42 Toney L. Farr (D)
District # 43 Paul E. Short, Jr. (D)
District # 44 William D. Boan (D)
District # 45 James H. Hodges (D)
District # 46 Robert W. Hayes, Jr. (D)
District # 47 Herbert Kirsh (D)
District # 48 Rebecca Meacham (R)
District # 49 Samuel R. Foster (D)
District # 50 Grady A. Brown (D)
District # 51 Paul M. Burch (D)
District # 52 Robert J. Sheheen (D)
District # 53 Jean L. Harris (D)
District # 54 John I. Rogers, III (D)
District # 55 Marion H. Kinon (D)
District # 56 David M. Beasley (D)
District # 57 Larry Elliott (D)
District # 58 Denny W. Neilson (D)
District # 59 B. Hicks Harwell (D)
District # 60 Woodrow M. McKay (D)
District # 61 Eugene LeRoy Nettles, Jr. (D)
District # 62 Maggie W. Glover (D)
District # 63 William S. Houck, Jr. (D)
District # 64 C. Alexander Harvin III (D)
District # 65 J. Michael Baxley (D)
District # 66 Larry Blanding (D)
District # 67 E.B. McLeod, Jr. (D)
District # 68 Joseph T. McElveen, Jr. (D)
District # 69 Paul W. Derrick (R)
District # 70 James Faber (D)
District # 71 Richard M. Quinn (R)
District # 72 Timothy F. Rogers (D)
District # 73 Joe E. Brown (D)
District # 74 Frank E. McBride (D)
District # 75 Candy Y. Waites (D)
District # 76 James H. Harrison (R)
District # 77 special election
District # 78 T. Moffatt Burriss (R)
District # 79 Roland S. Corning (R)
District # 80 James L. Mann Cromer (I)
District # 81 Irene K. Rudnick (D)
District # 82 William P. Keesley (D)
District # 83 Thomas E. Huff (R)
District # 84 J. Roland Smith (D)
District # 85 David A. Wright (R)
District # 86 Charles Ray Sharpe (R)
District # 87 Larry L. Koon (R)
District # 88 C. Lenoir Sturkie (R)
District # 89 Jarvis R. Klapman (R)
District # 90 Thomas N. Rhoad (D)
District # 91 Joseph B. Wilder (D)
District # 92 Sandra S. Wofford (R)
District # 93 John G. Felder (D)
District # 94 Kenneth E. Bailey (D)
District # 95 William S. McCain, Jr. (R)
District # 96 L. Edward Bennett (D)
District # 97 George H. Bailey (D)
District # 98 Annette Young (R)
District # 99 Henry E. Brown, Jr. (R)
District #100 John B. Williams (D)
District #101 B.J. Gordon, Jr. (D)
District #102 Dewitt Williams (D)
District #103 John J. Snow, Jr. (D)
District #104 Dick Elliott (D)
District #105 Morgan Martin (D)
District #106 Thomas G. Keegan (R)
District #107 Kenneth S. Corbett (R)
District #108 R. Linwood Altman (D)
District #109 Lucille S. Whipper (D)
District #110 James J. Bailey (D)
District #111 Daniel E. Martin, Sr. (D)
District #112 Harry M. Hallman (R)
District #113 Stephen E. Gonzales (R)
District #114 John C. Rama (R)
District #115 Robert A. Barber, Jr. (D)
District #116 McKinley Washington (D)
District #117 Roger M. Young (R)
District #118 D.N. Holt, Jr. (D)
District #119 Ronald C. Fulmer (R)
District #120 Douglas E. McTeer, Jr. (D)
District #121 Jackson V. Gregory (D)
District #122 Juanita M. White (D)
District #123 Holly A. Cork (R)
District #124 Harriet H. Keyserling (D)
Received as information.
The following was received.
November 13, 1990
Mr. Larry Blanding
Box 1446
Sumter, S.C. 29151
Dear Larry:
In accordance with House Rule 3.12, I am required to suspend you from your official duties as a member of the South Carolina House of Representatives. While you have been previously notified of your suspension, the commencement of a new term of office resulting from your re-election November 6, required re-suspension until the final conclusion of the indictment issued in U.S. District Court.
All privileges of office previously suspended continue to be suspended. I look forward to the favorable resolution of the indictment whereupon your privileges will be reinstated.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
November 13, 1990
Mr. Ennis Fant
Box 17645
Greenville, S.C. 29606
Dear Ennis:
In accordance with House Rule 3.12, I am required to suspend you from your official duties as a member of the South Carolina House of Representatives. While you have been previously notified of your suspension, the commencement of a new term of office resulting from your re-election November 6, required re-suspension until the final conclusion of the indictment issued in U.S. District Court.
All privileges of office previously suspended continue to be suspended. I look forward to the favorable resolution of the indictment whereupon your privileges will be reinstated.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
November 13, 1990
Mr. B.J. Gordon, Jr.
Box 751
Kingstree, S.C. 29556
Dear B.J.:
In accordance with House Rule 3.12, I am required to suspend you from your official duties as a member of the South Carolina House of Representatives. While you have been previously notified of your suspension, the commencement of a new term of office resulting from your re-election November 6, required re-suspension until the final conclusion of the indictment issued in U.S. District Court.
All privileges of office previously suspended continue to be suspended. I look forward to the favorable resolution of the indictment whereupon your privileges will be reinstated.
Sincerely,
Robert J. Sheheen
Received as information.
The 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:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Derrick Elliott, D. Elliott, L. Faber Fair Farr Foster Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McBride McCain McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Ross Rudnick Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
The foregoing were then sworn in by the Temporary CHAIRMAN.
The SPEAKER granted Reps. T.M.BURRISS, FELDER and WELLS a leave of absence for the day.
The Temporary CHAIRMAN announced that nominations were in order for a Speaker.
Rep. McELVEEN nominated Rep. ROBERT J. SHEHEEN of Camden as follows:
"Mr. Chairman and colleagues of this House...As we meet to organize the House of Representatives of South Carolina for the 109th General Assembly, the eyes of our state are watching us much more closely than in the past. Not only do we have to deal with an expected and reoccuring issue, that of reapportionment, in which we must insure that each person in our state has a vote that is equal to everyone else's. But, we must also move quickly and forthrightly to restore confidence in our legislative process. Despite recent problems, we should all be proud to be members of this House of Representatives, proud of its long tradition of fiscal responsibility, proud of its commitment to the less fortunate citizens of our state and proud of its commitment to equality for all before the law. I am proud of the four years that I have served in this House of Representatives. We have made difficult decisions, and we have made those difficult decisions with due diligence and with fairness. Those accomplishments and this institution cannot be diminished by the transgressions or rumors of transgressions by others. I am proud to have the opportunity to stand before you today to place in nomination for Speaker of the House, a man who throughout his sixteen years as a member of this institution has honored it through his service. No one, but no one, can question the honesty and integrity of Robert Joseph Sheheen. Everyone knows of his tenacious commitment to his principles, but no one who has served with Bob Sheheen can say that he is unfair. He has been a factor in almost every major reform that has occurred in our state during his service. As a member, as Chairman of the Judiciary Committee, but most importantly as Speaker of the House. Many have said, and I paraphrase loosely, that leadership is the ability to convince folks to do the things that they know they should even though they don't want to do them. During my four years of service, and those of you that have been here with me will agree, Bob Sheheen has fulfilled that definition of leadership time and time again. Leadership is having the boldness to take risks when you see something that needs to be done or when you know something is right. Bob Sheheen has the courage to step out of the crowd and fight for the integrity of this House and the good of this state even when many urge a more cautious path. He has lead this House to some great moments, convincing us time and time again to take a stand for what we know we must do and what we know is right. With Bob Sheheen as our Speaker, we will be proud of the future of this institution. We will demonstrate to the people of our state that this House is a Body that takes the business of its citizens seriously. Mr. Chairman, I am honored to place in nomination for Speaker of this House, the Honorable Robert J. 'Bob' Sheheen of Camden. Thank you."
Reps. GENTRY, KLAPMAN and Rep. WHITE on behalf of Jasper County, seconded the nomination of Rep. SHEHEEN.
On motion of Rep. L. MARTIN, 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. BAXLEY and BURCH to escort the Speaker-elect to the desk where the oath of office was administered unto him by the Temporary CHAIRMAN.
SPEAKER SHEHEEN thereupon took the Chair and addressed the House as follows:
"Thank you very much...14 years ago, I came to the South Carolina House as did several of you, for the very first time. I came here with an abiding respect of the institution because I had spent three years here as a part-time employee during my legal education at the University of South Carolina Law School. Since that time, this institution has been far better to me that I have been to it. It has allowed me to prosper and to have influence in legislative affairs and to gain respect among my colleagues, as I have respected them. Four years ago, you gave me the distinct honor and privilege of being Speaker of the South Carolina House. I told you then when I was first elected, that there would be no task too great, no number of hours too long, no job too hard for us to tackle and resolve for the people of South Carolina. And, that I would not ask you to do anything that I was not willing to do myself. That has been, for me, a great partnership between you, the membership of the South Carolina House, and me, as Speaker, because you have far exceeded, in my opinion, the expectations of the citizens of South Carolina in your willingness to work hard and go about the business of the people of this state with due diligence. And while I come to you with a glad heart and joyous feelings about the job that has been performed by this institution, I come to you also with a heavy heart and a sadness that this institution is under attack by the public and among the electors in South Carolina. It is not an easy time for you and I to be members of this Body, but I am certain that if we put our minds to it, and we acknowledge that this institution is more important than any of us individually, while it may be the worst of times, it will be the best of times. While some may say that it is an age of foolishness, it can become an age of wisdom. When some say it is an incredible set of circumstances and facts, it can be a season of light and not a season of darkness. We will all have to join hands during this session of the South Carolina General Assembly to make this institution survive, to restore among the people of South Carolina its credibility, to restore its integrity, to convince the people of South Carolina that this institution belongs to them and what we do here in the next two years during this session of the General Assembly will prove that it belongs to them and not to me and not to you and not to any single individual. We will look at issues which will affect South Carolinians for many generations to come. We are not through with questions involving our environment such as hazardous waste or solid waste or low level nuclear waste. We will have to look at those. We are not through with questions concerning our court systems, punishment of criminals and incarceration of those people who are convicted of crimes. We are not through with reapportioning the South Carolina House or Senate or Congressional Districts in South Carolina, guaranteed to affect the electability of public officials in South Carolina for the next ten years. And I tell you that all that is going to take hard work and it is going to take a diligence about us and ourselves, which sometimes we may not want to exercise. I tell you, and I've told you before, that we have to do that. It is not a question of whether you want to be commited, it is a question of you having to be committed to do those things. Once again, I will tell you that I will not ask you to do anything, as Speaker of the South Carolina House, that I am not willing to do myself. If it takes long hours, we will put in long hours, if it takes hard work, we will put in the hard work, if it takes extra effort, then we will put in the extra effort because what we do in the next two years will decide whether or not you and I can be proud of being politicians and I would spell that with a capital 'P' because I am proud to be a politician and I think it is an honorable profession. What we do in the next two years will decide whether or not we can be proud to be members of the South Carolina House of Representatives and the measure of whether or not we are successful will not be whether or not someone respects you and I at the end of that two year period, but the measure will be whether or not they respect this institution when we finish our jobs because of the way in which we have performed our jobs in the next two years. It is not going to be a personal respect or honor, it ought to be the institutional respect and the institutional honor. And so, when we may be required to subject ourselves to that hard work in order to preserve the integrity of this institution, sometimes we will have to do that. If we are required to put aside self interest for the integrity of this institution, then that is what we will have to do. And I am confident, as I have talked with each of you before and during and after the last election and with those newly elected members over the last two days here in Columbia, that is what the South Carolina House wants to do and I am proud to be your leader during that time. Thank you very much."
The SPEAKER announced that nominations were in order for SPEAKER Pro Tempore.
Rep. KINON nominated Rep. J. ROGERS of Bennettsville as follows:
"Mr. Speaker, ladies and gentlemen of the House...I am proud to stand before you today to place in nomination the name of Jack Rogers for election as Speaker Pro Tempore of the House of Representatives. Jack is from my neighboring county and I have known him for a long period of time. I knew him as a fellow attorney and I knew him as adversary when I was a solicitor. I have observed him when I was a Circuit Judge and I have served with him as a fellow legislator. I have always found Jack to be very competent and to be very fair and Jack has always been prepared. He has been our Speaker Pro Tempore for the last four years and in my opinion, he has made us an outstanding Speaker Pro Tempore and ladies and gentlemen, I ask that you join with me today in electing Jack Rogers as Speaker Pro Tempore of this House of Representatives. Thank you."
Rep. McCAIN nominated Rep. CLYBORNE of Greenville as follows:
"Thank you Mr. Speaker, ladies and gentlemen...It is a real privilege for me to stand before you today and place a name in nomination of a man I have come to know and came to this Body with, it seems like a long time ago, but it really wasn't, it was 1986, it is a man that I know that all of you have come to know and respect. It is a man who has become a tremendous friend and colleague of mine, who I have certainly come to respect as a member of this Body and as a future leader of this Body. And I am proud to place the name of Representative HOWELL CLYBORNE of Greenville in nomination for Speaker Pro Tempore for the South Carolina House. Thank you."
On motion of Rep. L. MARTIN, nominations were closed.
The Clerk of the House called the roll of the House and the Members voted viva voce as their names were called.
The following named Representatives voted for Rep. CLYBORNE:
Baker Brown, H. Bruce Cato Clyborne Cole Cooper Corbett Cork Corning Fair Fulmer Gonzales Hallman Harrison Haskins Hendricks Jaskwhich Keegan Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Sharpe Townsend Vaughn Wilkins Wofford Wright Young, A. Young, R.
The following named Representatives voted for Rep. J. ROGERS:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, J. Burch Carnell Chamblee Cromer Derrick Elliott, D. Elliott, L. Faber Farr Foster Gentry Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hodges Holt Houck Huff Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Manly Martin, D.E. Martin, L.M. Mattos McAbee McBride McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers, J. Rogers, T. Ross Rudnick Sheheen Shirley Short Smith Snow Stoddard Sturkie Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J.
Total Number of Representatives voting 113
Necessary to a choice 57
Of which Rep. CLYBORNE received 36
Of which Rep. ROGERS received 77
Whereupon, the SPEAKER announced that Rep. J. ROGERS having received a majority of the votes cast was duly elected for the term prescribed by law.
The SPEAKER appointed Reps. BEASLEY and KINON 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 J. ROGERS thereupon took the Chair and addressed the House as follows:
"My fellow members of the South Carolina House of Representatives...Let me begin by saying thank you. I, too, have been proud of the four years that I served as your Speaker Pro Tempore, as I have been proud of the ten years that I have served before that as a member of this Body. I love the institution and I promise you that I shall never do anything that I believe will do this institution any harm. Let me tell you now, at the beginning of my remarks, that I feel that I have done nothing wrong and I appreciate your confidence in returning me to this office. Along these lines, let me applaud the efforts of our leader, Bob Sheheen, in developing and bringing to us ethics reform, rules and hopefully, legislation. Together, we can develop rules and legislation that will restore the confidence of the people of South Carolina in this Body and in the General Assembly and can make South Carolina first among the states. I urge you to work through today willing to listen, work hard, consider the proposals that are made by the Speaker and others and let us pass essentially the proposal that we have before us from the Speaker. I will not take a great deal of time, but I want to talk to you about one other issue. An issue that four years ago I spoke to you about in my remarks when you elected me for the first time as Speaker Pro Tempore and that issue, is one that cries to this state for attention. That issue is one that we have not succeeded in our efforts to erase, that issue is a sad one because with it we find poverty and sickness and people who cannot help themselves. That issue is adult illiteracy. Several days ago, I sent each of you a letter with a pamphlet written by the Southern Regional Education Board which talked about some approaches that can be taken to help combat adult illiteracy. We have made some successes in this state on an individual basis. Many people work hard in this field, but the numbers are getting away from us. I sincerely fear that they are more and more illiterate adults in this state each day than the prior day. Let me suggest to you that we can make a difference in this area. I ask that you read the material that I sent to you. I ask that you consider that the time has come to abolish the blackboard classroom and bring into the field of adult illiteracy, the technology that exist today to make a breakthrough in teaching the adults of this state how to read and write. In my letter and in the pamphlet that I sent you, there were some suggestions as to how we can do this without spending any state money. I will be offering some legislation later in the session, in the next few weeks, that I hope will address this and I hope that you will join me with this. In conclusion, from the bottom of my heart, I say to each of you that I shall never forget this day. I appreciate your confidence. I thank you for reelecting me as your Speaker Pro Tempore."
The SPEAKER announced that nominations were in order for Clerk of the House.
Rep. P. HARRIS nominated Mrs. Sandra K. McKinney of Columbia as follows:
"Mr. Speaker, and I congratulate you and I congratulate you, Mr. Rogers, on your reelection. There has been reference made to a time of service and I, too, have been here for some time. One of the media folks asked me the other day what the biggest change I had noticed since I had been here and I told him, my age. During my 22 years here, I have had many honors and privileges, but none that I consider greater than that which is my privilege and great pleasure today. The gracious lady whose name I will place in nomination for the Clerk of the House needs no introduction to this Body. She's known well by all of us. She's respected, admired and loved by all. Just to give you a little of her background, Sandra McKinney is a native Columbian. She graduated from Eau Claire High School. She received an Associate Degree in Secretarial Science from the University of South Carolina in 1959. After an interruption in her education, which included raising three sons, she enrolled in the Office Administration program at the University of South Carolina on a part-time basis. She completed the requirements there, and received a Bachelor of Science Degree in Office Administration in 1986. In 1987 she was named 'Alumna of the Year' in the Office Administration Department of the University of South Carolina. She has worked in state government since 1971. She was first employed as committee secretary for the Rules and Ethics Committees and I was standing on the Ethics Committee at that time, and Speaker Pro Tempore of the South Carolina House of Representatives. In 1973, she accepted the position of Executive Secretary to the Speaker of the House and served in that capacity until 1988. She worked as Executive Secretary under Speakers Solomon Blatt, Rex Carter, Ramon Schwartz and Bob Sheheen. Sandy was married to Benjamin Edward Kelly, Jr., of Cayce, South Carolina. They had three sons, Benjamin Edward III, Gregory Todd and William Rhett Kelly. Her first husband was killed in action in Vietnam in 1967. She is presently married to Charles T. McKinney, and I'm not sure if we all know that name, but we all know him as Chuck, who is Executive Director of the Legislative Systems. She was elected Clerk of the House in 1988, when the former Clerk, Lois T. Shealy, retired. She assumed office June 29, 1988 and was re-elected December 6, 1988. It is my high privilege and honor to place the name of Sandra McKinney in nomination for the Clerk of the House of Representatives for the State of South Carolina."
Reps. CHAMBLEE, WOFFORD and KLAPMAN seconded the nomination of Mrs. McKinney.
On motion of Rep. CORNING, 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 Reading Clerk.
Rep. McTEER nominated Mr. Sidney F. Varn of Varnville as follows:
"Thank you, Mr. Speaker, ladies and gentlemen...It has been my pleasure since 1978 to begin the session by nominating Sidney Varn for Reading Clerk of the House. Sidney came to Columbia in the 1940's as a Bill Clerk and has been here ever since. He served for awhile as Assistant Clerk and was elected Reading Clerk in 1967. I think, Mr. Klapman, that you were here in 1967, you and Sidney began at the same time. But, I don't think that any other member can say that they have been here that long. It is my privilege again this morning to nominate our long and faithful friend of the House, Sidney Varn as Reading Clerk."
On motion of Rep. RUDNICK, 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 Chaplain.
Rep. WALDROP nominated the Rev. Dr. Alton C. Clark of Little Mountain as follows:
"Thank you...On behalf of Representative Larry Gentry and myself, I hereby nominate the Reverend Alton C. Clark for reelection as Chaplain to the House of Representatives. Rev. Clark has served continuously as the Chaplain of the House since January 12, 1965. He is from Little Mountain, South Carolina, which is in Newberry County. Rev. Clark served as pastor of Holy Trinity Lutheran Church in Anderson for 23 years. He was pastor of Good Shepherd Lutheran Church in Columbia for 18 years. He has served as interim pastor of Mt. Pilgrim Lutheran Church in Prosperity since 1977. He is a man of selfless service to his church, family and community. His kind and compassionate nature to House members have been shown through the years. I therefore, Mr. Speaker, place his name in nomination for Chaplain."
On motion of Rep. GENTRY, 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 Sergeant at Arms.
Rep. BOAN nominated Mr. Mitchell G. Dorman of Kershaw as follows:
"Mr. Speaker, ladies and gentlemen of the House...I come before you today to nominate an eight year employee of the House of Representatives for the job of Sergeant at Arms, Mitchell Glenn Dorman. Mitch Dorman is a native of Kershaw, South Carolina. He graduated from Andrew Jackson High School in 1980. In 1986, he graduated from USC-Lancaster with an Associate of Arts Degree in Criminal Justice. Those of you that have been here in the past eight years have gotten to know Mitch and the job he has done as the assistant to the assistant, so to speak, as the Assistant Director of House Security. If you read in the paper today, the quote by Dick Padgett, the long time Sergeant at Arms that served this House, the quote read that the Sergeant must be a jack of all trades. His primary job is one of security for this Body. I think that you will find, especially you new members, that Mitch will be there for anything you need. He will put you in the right direction. It is my pleasure to place in nomination the name of Mitchell Glenn Dorman for Sergeant at Arms."
Rep. KLAPMAN seconded the nomination of Mr. Dorman.
On motion of Rep. HODGES, 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 Reading Clerk, Sidney F. Varn; The Chaplain, the Rev. Dr. Alton C. Clark and the Sergeant at Arms, Mitchell G. Dorman.
Rep. WHITE moved to adjourn debate upon the election of the assistant sergeant at arms until the adoption of the new rules, which was adopted.
The following was introduced:
H. 3000 -- Rep. McTeer: A HOUSE RESOLUTION TO PROVIDE A PROCEDURE FOR ALLOTTING SEATS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE 1991 AND 1992 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 1991 and 1992 sessions of the General Assembly the following procedure be adopted:
"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."
Be it further resolved that when the House adopts its rules for the 1991 and 1992 sessions, they shall incorporate the above provision as part of the House rules with an appropriate numerical designation.
The resolution was adopted.
The SPEAKER then announced that the House would proceed to the allotment of seats, the names of the counties being drawn from a container by Rep. P. HARRIS.
Alexander, M. 39 Keegan 124
Alexander, T. 47 Keesley 65
Altman 77 Kempe 53
Bailey, G. 15 Keyserling 25
Bailey, J. 37 Kinon 4
Bailey, K. 90 Kirsh 18
Baker 2 Klapman 117
Barber 42 Koon 122
Baxley 22 Lanford 61
Beasley 113 Littlejohn 51
Beatty 52 Manly 38
Bennett 91 Marchbanks 33
Blanding 116 Martin, D. 27
Boan 107 Martin, L. 49
Brown, G. 34 Martin, M. 108
Brown, H. 99 Mattos 40
Brown, J. 68 McAbee 83
Bruce 50 McBride 69
Burch 62 McCain 89
Burriss 101 McElveen 114
Carnell 82 McGinnis 58
Cato 11 McKay 9
Chamblee 31 McLeod 115
Clyborne 3 McTeer 96
Cole 60 Meacham 29
Cooper 30 Neilson 23
Corbett 123 Nettles 8
Cork 24 Phillips 56
Corning 100 Quinn 102
Cromer 85 Rama 43
Derrick 119 Rhoad 48
Elliott, D. 109 Rogers, J. 112
Elliott, L. 6 Rogers, T. 84
Faber 70 Ross 46
Fair 16 Rudnick 75
Fant 41 Sharpe 80
Farr 57 Sheheen 118
Felder 1 Shirley 72
Foster 19 Short 110
Fulmer 55 Smith 81
Gentry 92 Snow 76
Glover 21 Stoddard 94
Gonzales 45 Sturkie 121
Gordon 79 Townsend 73
Gregory 111 Tucker 67
Hallman 54 Vaughn 12
Harris, J. 63 Waites 86
Harris, P. 66 Waldrop 93
Harrison 103 Wells 59
Harvin 78 Whipper 26
Harwell 5 White 97
Haskins 13 Wilder 74
Hayes 28 Wilkes 87
Hendricks 32 Wilkins 17
Hodges 106 Williams, D. 105
Holt 36 Williams, J. 104
Houck 7 Wofford 98
Huff 64 Wright 120
Jaskwhich 10 Young, A. 14
Johnson, J.C. 88 Young, R. 44
Johnson, J.W. 95 Vacancy 20
Vacancy 35
Rep. BURCH moved that the House recede until 3:15, which was adopted.
At 3:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. T. ROGERS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
Rep. J. ROGERS, on behalf of the House, presented The Order of the Palmetto to Mr. Leroy Cain, retiring Assistant Sergeant at Arms.
The following was introduced.
H. 3001 -- Reps. McTeer, Wilkins, J.W. Johnson, Tucker, Keyserling, Harvin, Hendricks, McElveen, Fair and Huff: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 1991 AND 1992 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 1991 and 1992 Sessions of the General Assembly:
1.1 The Speaker shall take the chair on every legislative day precisely at the hour to which the House adjourned at the last sitting, immediately call the members to order, cause prayer to be said, the Journal of the previous proceedings to be corrected, and if a quorum be present, proceed to other business.
1.2 The Speaker shall preserve order and decorum, and, in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared. Any person guilty of contempt of the House may be ordered into custody by the House and dealt with as it deems proper.
1.3 If any member, in speaking or otherwise, transgresses the Rules of the House, the Speaker shall call him to order, or any member may call such transgressions to the attention of the Speaker who shall call the transgressor to order. If repeated cries of order are ineffective, the Speaker may call a member by name, and if the Speaker deems it necessary, he shall state the offense committed. The member may be heard in his exculpation and shall withdraw, and the House shall consider his punishment or any further proceedings to be had.
1.4 The Speaker shall sign all acts, joint resolutions, memorials, writs, warrants, and authorizations for payment or other papers authorized by the House.
1.5 The Speaker shall decide all points of order, subject to an appeal by any member. He may require the member raising a point of order to cite the Rule or other authority in support of the question. Upon appeal, no member shall speak more than once and for no longer than twenty minutes each, except by permission of the House.
1.6 The Speaker shall vote in all cases (except when he may be personally or pecuniarily interested or shall be excused). If with his vote 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 or as soon thereafter as may be practical by the membership of the House.
1.8 The Speaker Pro Tempore shall be elected either on the opening day of the organizational session or as soon thereafter as may be practical. The Speaker Pro Tempore shall preside in the absence of the Speaker. Provided, the Speaker or the Speaker Pro Tempore, whoever may be presiding at the time, may name a member to preside, but such substitution shall not extend beyond an adjournment. In the absence of the Speaker and the Speaker Pro Tempore for more than one day, the House may elect a Speaker Pro Tempore to serve until the return of the Speaker or Speaker Pro Tempore. When the Speaker Pro Tempore is absent for more than three consecutive statewide legislative days, the House of Representatives may elect an acting Speaker Pro Tempore who shall serve until the return of the Speaker Pro Tempore. The acting Speaker Pro Tempore may continue to serve on any committee to which he has been appointed.
1.9 All committees shall be appointed by the Speaker, unless otherwise provided for by law, except Senatorial and Gubernatorial appointees and ex officio members of the House. The Speaker shall name the members constituting each committee in alphabetical order, and the Chairman shall be elected by the several committees. The committee may at its discretion elect a Vice-Chairman and such other officers as it 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 and 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. The question of acceptance of the resignation shall be immediately considered by the House or if the House is not in statewide session at its next statewide day of session. The question of acceptance shall not be debatable and shall be decided by majority vote of the members present and voting, a quorum being present. This procedure shall be followed in the case of the resignation of any elected officer of the House.
2.1 The Clerk shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.
2.2 The Clerk of the preceding session shall, at the beginning of the organizational session of the Legislature, 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 Speakers.
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 House or of the Speaker, the signature of the Speaker being attested by the Clerk. He shall also attest to all writs and warrants issued by order of the House, 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 or as soon thereafter as may be practical.
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 the ordering of a roll call vote, or upon a quorum call, the electric roll call system is to be used following the procedure of Rule 7.3. When the electric 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 electric roll call, the electric roll call 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 electric roll call, the electric 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 electric 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 electric roll call 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 or as soon thereafter as may be practical.
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 or as soon thereafter as may be practical.
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 Assistant 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 or as soon thereafter as may be practical.
2.17 The Assistant Sergeant at Arms shall assist the Speaker and Sergeant at Arms in performing such duties as they may direct.
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 transmitted to the member in writing and 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. If a member shall be called to order while speaking, he shall immediately take his seat until the question of order be decided, unless allowed to proceed upon explanation. If the decision be in favor of the member, he shall proceed, if otherwise, he shall not proceed without leave of the House; and if the case require it, he shall be liable to such other proceedings as the House may take. 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 he shall confine himself to the question under consideration be such question an amendment, a Bill, or Resolution.
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 mike until the Speaker has recognized that person.
3.7 No employee or attache of the House shall, directly or indirectly, interest or concern himself with the passage or consideration of any measure whatsoever. If any employee or attache so interests, or concerns himself with any measure it shall be grounds for summary dismissal.
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 and a ten dollar custody fee. 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 House 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.
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 shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its name printed on it. Ballots shall be placed in a closed box and the Speaker shall then direct a person or persons to draw them out one by one. After each ballot is drawn, the members from that county shall select their office space in accordance with the county in which the member resides based on a floor plan prepared by the House Operations and Management Committee. In the event a member's district consists of more than one county or parts of more than one county, or represents a county with only one district, the member concerned may select office space with or adjoining the delegation the member desires provided the member indicates his preference to the House Operations and Management Committee prior to balloting and, providing that space in the area selected by a particular county is available, provided however, in order to contain the cost of office relocation, a member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. This preference must be stated before ballots for offices are drawn. If such re-elected member does not express a preference for his old office, he must ballot by county for his office in the manner above specified. 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 shall 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 In addition to the actions permitted by Section 8-13-250 of the 1976 Code, any member of the House who, while serving as a member of the House, is indicted in a General Sessions Court or a Federal Court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws, shall be suspended by the Speaker of the House immediately. This suspension will remain in effect until said House member is acquitted or convicted. In case of conviction, the office shall be declared vacant.
If an election for members of the House intervenes between the time of the suspension and final conclusion of the indictment, the Speaker shall again suspend him at the beginning of the session. The suspended House member will not, at any time, participate in the business of the House.
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, 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 and Natural Resources (Fish, Game, Forestry, State Parks, Rural Development) -- 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, Section 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 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 Standing Committee 11, entitled Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities) -- 7, 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 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. 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.
Provided, further, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing Standing Committees.
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. If a Committee or a Subcommittee thereof requests such special leave, the request shall be considered by the House immediately, is not debatable and may be granted by a majority vote of those members present and voting, provided however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report at any time when a message might be received.
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 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. No bill, except a committee bill, shall be considered by the House until one week after the date of its first reference to a committee except those bills which have been prefiled in accordance with Rule 5.1 and any bill which has been recalled by the House. 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 may 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 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 an introducer or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full Committee which shall be no later than seven legislative working days thereafter.
4.7 Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.
4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon.
4.9 In all cases the House may resolve itself into a Committee of the Whole House, and in such event 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." The parliamentary steps in making use of a Committee of the Whole are essentially the same as those involved in referring a subject to an ordinary committee.
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: (1) to any person or group to address the House or the Joint Assembly or to appear 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 (2) to any individual or group for any artistic performance during the established hours of meeting.
Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its Committees before the Invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May.
4.14 No member of a committee shall be allowed under any circumstances to vote by proxy; however, pairing shall be allowed.
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, and agreed to by two-thirds of the members present, after the committee has made its report. Provided that any rule may be amended by a simple majority until the last Thursday in January, 1991.
4.16 a. The House of Representatives Legislative Ethics Committee, created by Act 191 of 1975, shall have the following duties in addition to those provided for in such act:
(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.
b. All papers, documents and proceedings relating to conduct or disciplinary action against members shall be confidential and handled in the manner prescribed in Section 18 of the Rules on Disciplinary Procedure for Attorneys unless made public by the committee in a report to the House of Representatives.
c. Lobbyists (as defined in Chapter 17 of Title 2, Code of Laws of South Carolina, 1976), registered or required by law to be registered with the Secretary of State shall be required to file the same information with the Ethics Committee of 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.
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. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.
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 be 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 be 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 Every General Appropriation Bill and Supplemental Appropriation Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Comptroller General 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 Appropriation 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. The General Appropriation Bill and Supplemental Appropriation Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriation Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriation Bill and Supplemental Appropriations Bills.
After passage on second reading and before its consideration on third reading, every General Appropriation Bill and every Supplemental Appropriation Bill shall have attached thereto a certificate from the Comptroller General 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 Comptroller General cannot give such certificate, the Speaker shall order the Bill recommitted to the Ways and Means Committee. After the report of the Committee, any amendment which it shall recommend may be adopted.
All State Appropriation Bills must be printed at each stage in their passage, so that:
a. The House Ways and Means Committee version of the Appropriation Bill must include the amounts appropriated for the current year, the amounts recommended by the Budget and Control Board, and the amounts recommended by the Ways and Means Committee.
b. The House version of the Appropriation Bill must include the amounts appropriated for the current year, the amounts recommended by the Ways and Means Committee, and the amounts passed by the House.
c. The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee, and the amounts appropriated for the current year.
d. The Appropriation Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund.
Provided, further, that the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart.
Provided, further, that minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation.
Provided, further, that 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.
Provided, that the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.
5.4 No bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.
5.5 No bill or joint resolution shall be introduced as a delegation bill or resolution unless such bill or resolution related only to local matters concerning the county which such delegation represents.
5.6 Except as provided in subsection 5.1, the first reading of the bill shall be by title only. No amendments shall then be in order and the bill shall be referred to some committee, unless the House unanimously agree, without debate, to dispense with reference.
5.7 Upon the second reading of a bill, after all amendments and privileged 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 Bill or Joint Resolution shall be amended so as to conform to this Rule before it is considered by the House. This shall be the responsibility of the Committee Chairman.
5.10 No bill or joint resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of members at least one day prior to such reading. Provided, no General Appropriation Bill or Supplemental Appropriation Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriation Bill shall have been laid on the desks of members at least three legislative days prior to each reading. Provided, further, that no statewide bill or joint resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of members at least one statewide legislative day prior to such 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 That no statewide bill or resolution, except an appropriations bill, general or 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 year in which it is to be considered 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 resolution from being received, given first reading and referred to the appropriate committee. No such bill or 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 or Presiding Officer 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 affecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Auditor as may appear appropriate regarding its 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 this requirement prior to reporting a bill out of committee.
5.14 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 roll call vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived.
5.15 No report of a Committee on Conference or Free Conference except on local matters shall be considered until such report has been printed in the Journal and explained by the Conferees on the floor of the House.
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.
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 Clerk shall 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 Upon the consideration of any uncontested bill or joint resolution an objection by three (3) members at any time shall prevent the consideration of such bill or resolution and it shall then be placed upon the contested calendar and remain thereon until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) or more, such bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that bill or resolution.
5.18 If any bill or resolution shall be recommitted or referred to the same committee or 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; nor shall he speak more than twice upon an amendment or a motion to reconsider, and then not longer than ten minutes each time. 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 Appropriation Bill, the Supplemental Appropriation Bill, or the bond bills but shall not apply to bills on reapportionment.
5.20 Notwithstanding the provisions of any other House rule, no House or Concurrent Resolution memorializing the Congress of the United States, the President of the United States, or any state or federal department, agency, or official shall receive immediate consideration but shall be referred to the Committee on Invitations and Memorial Resolutions and shall remain in such committee unless three members of the committee vote to report the resolution out of committee. No such resolution may be recalled from committee.
6.1 The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.
Provided, further, that during the first six weeks of the Legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:15 p.m. adjournment on Tuesdays shall not apply when the General Appropriations Bill is under consideration by the House.
Provided, further, that during the first six weeks of Legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held. On Thursdays during the first six weeks the House shall meet at 10:00 a.m.
Provided, further, that unless a majority of the House members object, the House shall recede at 1:00 p.m. for luncheon and reconvene at 2:15 p.m. This proviso shall not apply when the House is debating on Special Orders.
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 When the House shall not direct a different course, which, at any time, in any particular not forbidden by these Rules, it may do, 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.
10. Consideration of pending motions to reconsider.
11. a. Consideration of unanimous consent requests.
b. 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 appropriation bills and local bills by majority vote of the House. Special order 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.
Provided, further, that during a motion period no motion shall be withdrawn after a substitute has been offered therefor.
e. Consideration of uncontested local bills and joint resolutions on third and second readings as provided in subsection 7a. and b. of this Rule shall be limited to a total of ten minutes only. Consideration of contested local bills and joint resolutions on second and third readings as provided in subsections 11b. and 13b. of this rule is limited to a total of ten minutes for second reading bills and joint resolutions and ten minutes for third reading bills and joint resolutions.
f. Consideration of uncontested statewide bills and joint resolutions on third and second readings as provided in subsection 8a. and b. of this Rule shall be limited to a total of thirty minutes only.
g. No debate shall be allowed in the uncontested period, provided however, the Speaker may recognize a proponent and opponent of any uncontested bill or joint resolution for a brief explanation of their position.
h. Consideration of unanimous consent requests as provided for in subsection 11 of this Rule shall be limited to five minutes only. No unanimous consent requests except those unanimous consent requests dealing with the pending matter may be considered at any time other than during the time provided for in subsection 11 of this Rule.
6.4 A debate interrupted by a simple adjournment shall afterwards be resumed at the point of interruption as if debate had been formally adjourned. A matter interrupted by a call for the Orders of the day shall, after the Orders have been disposed of, be resumed at the point of interruption, before any other question.
6.5 Messages may be received at any time while the door is open, except while a question is being put, or a ballot, or a viva voce vote is taken. A message shall be presented to the House by the Speaker when received, or afterwards, according to its nature, and the business in which the House is engaged; or its consideration may, on motion, be ordered by the House.
6.6 In all particulars not determined by these Rules, or by the laws of the Constitution of this State, or of the United States, the practice of this House shall conform to its previous usage, or be guided by parliamentary law as it may be collected from the best authorities, Mason's Manual of Legislative Procedure being the preferred parliamentary authority.
7.1 If, upon a question by acclamation, the Speaker doubts, or a division be called for, the House shall divide by those in the affirmative first rising from their seats, then those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name one member from each side to tell the numbers in the affirmative and those in the negative, and from their report shall state the decision. Provided, that division votes shall be made by use of the electric roll call equipment, but no individual votes shall be recorded. The Speaker shall state: "The pending question for division vote is ........(designating the matter to be voted upon)." The Speaker shall then unlock the voting machine and announce: "The members shall now proceed to vote." He shall then sound the gong. Thirty seconds after the gong has been sounded, the Speaker shall then announce that voting is closed and shall lock the machine and instruct the Clerk to report the totals.
7.2 Upon any question, at the request of any ten members who may signify their requests by rising, the ayes and nays shall be ordered; whereupon, at the decision, the electric 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 electric 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: "The members shall now proceed to vote." He shall then sound the gong. 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 gong has been sounded, the Speaker shall ask the question: "Have all members present voted?" after a pause, the Speaker shall lock the machine and instruct the Clerk to record the vote and the Speaker shall 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 willfully tampers with or attempts to disarrange, deface, impair or destroy in any manner whatsoever the electrical voting equipment or who destroys or changes the record of votes thereon shall be punished in such manner as the House determines.
g. A member who has been appointed by the Speaker to preside as Speaker Pro Tempore may designate another member to cast his vote on any question while he is presiding in accordance with his instructions from the Chair.
7.4 If the electric roll call machine is declared by the Speaker of the House to be inoperative, the "Ayes" and "Nays" shall be taken by the Reading Clerk calling each member's name in alphabetical order and each member responding by answering simply: "Aye" or "Nay". Every member who may be in the House when called may give his vote.
Provided, further, that when the electric 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 with the Clerk, this explanation shall be entered upon the Journal.
7.7 When the pending question is the passage of any bill or resolution on the contested Calendar on second reading, the ayes and nays shall always be taken by roll call and the votes thereon shall be recorded in the Journal.
7.8 Pairing shall be permitted only upon the absence of a member for good cause and shall be in writing and specifically state the bill or bills or questions upon which pairs are arranged. Pairs shall be filed with the Clerk and recorded in the Journal as an indication of how absent members would have voted. The present member need announce only that he is paired as an explanation of why he is not voting.
8.1 No motion shall be debated until it shall have been stated by the Speaker. Any motion shall, if desired by the Speaker or any other member, 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, after the same has been ordered, except a demand for the ayes and nays and except after the previous question has been ordered.
8.3 No dilatory motion shall be entertained by the Speaker, prior precedents to the contrary notwithstanding.
8.4 A question before the House shall be suspended by:
1. A message.
2. A report or resolution of the Committee on Rules, Conference, Free Conference or Invitations.
3. A question of order.
4. A question of privilege.
5. A question of taking recess.
6. Any other incidental questions, such as of reading papers, dividing a question, withdrawing a motion, excusing a member from voting, or the like; of which the five first named may suspend even a speech; provided, that the fifth, if once negatived, be not received during the same speech without the assent 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:
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).
5. To postpone indefinitely, or to a day beyond the session.
6. To adjourn the debate to a certain day within the session.
7. 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:
a. Immediate cloture. 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. The sponsor 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 opponent(s) 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 as and if amended, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.
Provided, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five.
b. Delayed cloture. Upon an affirmative vote upon a motion for the previous question to take effect in two hours (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 previous question will be invoked to take effect two hours from the time such affirmative vote is made, provided that such two hour period may not be extended and may not be shortened if five (5) members object. After the previous question is in effect pursuant to this subsection, consideration of amendments and further debate shall proceed in the same manner and under the same limitations as those set forth in subsection a. of this Rule. Provided, further, that during the two hour period immediately preceding delayed cloture, but after the vote for same, all actions otherwise possible, including putting amendments on the desk, may be accomplished.
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.
8.8 A motion to strike out the enacting words of a bill, or resolving words of a resolution shall have precedence of a motion to amend, and, if carried, shall be considered as equivalent to rejection.
8.9 When a motion is made during a motion period, the Speaker shall entertain but two substitute motions which shall be considered in their inverse order.
8.10 Any member may without debate, call for the division of a question, and the House may divide the question if it shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entire for decision. A motion to strike out and insert shall be deemed, indivisible, but a motion to strike out being lost shall not be deemed equivalent to agreement, nor shall it preclude either amendment or a motion to strike out and insert.
8.11 a. The following motions shall be decided by simple majority unless otherwise specified and without debate after such short remarks as the Speaker may permit:
To adjourn
To take a recess
To continue
To commit or recommit
To lay on the table
For the previous question
To take up any matters in the orders of the day not regularly reached
To proceed to the orders of the day
To postpone indefinitely, or to a day beyond the session
To adjourn a debate
To recur to the morning hour
To fix the hour to which the House shall next meet
b. The following motions shall be permitted at the same stage of the bill or proposition after one hour of time has elapsed since the same question was before negatived:
For the previous question
To lay on the table
To postpone or adjourn a debate
To continue
To commit or recommit
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 ayes and nays, or in voting viva voce, or in balloting; but a motion to adjourn, or to take a recess, having 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 Indefinite postponement shall dispose of the question.
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, and at any time other than while Special Orders are being considered, 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 6.4. 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 the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall not have gone out of the possession of the House.
A motion to reconsider may be laid on the table without affecting the question with reference to which the same is made; and 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; and if the House agree thereto, the matter shall be thereupon continued; 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, and 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.
8.16 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 immediately taken up and the member having the floor at the time the debate was interrupted shall resume.
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 read until such printed copy has been on the desks of the members for at least one day previous to such reading. Provided, however, that this requirement shall not apply to local bills.
The consideration of amendments shall have precedence over a motion to either concur or nonconcur in the Senate amendments.
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 bill to raise supplies or to make appropriations, such as may be pertinent to the bill; and,
Provided, that the House may, in its discretion, commit or recommit any bill at its third reading; and after the report of the committee any amendment which it shall recommend may be adopted.
9.3 No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available.
9.4 A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order.
9.5 Proposed amendments to any matter before the House shall be initially considered in the order in which received.
10.1 A person not a member, officer or attache of the House shall not be admitted in the outer doors of the Chamber without the special leave of the House. The following persons, and no others, shall be admitted within the Hall at any time unless otherwise authorized by House Resolution; namely,
The present and former members and officers of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the present members and officers of the Senate; the present members and employees of the Legislative Council; employees of the respective legislative delegations; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members while engaging in such activity nor former members, except for sitting Senators, seeking votes or other personal favors shall be admitted within the Hall without special leave of the House.
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 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 such invitations so received shall be referred to the Committee on Invitations and the five House members on the Committee on Invitations shall have the duty of determining and reporting to the House whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes or national origins.
10.5 Each member of the House shall be entitled to recommend the names of any number of persons to the Speaker, with one to be appointed by the Speaker 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 (with coats optional) for males and dignified dress (meaning dress, skirt or slacks and blouse, or pants suits) for females. This provision must be enforced by the Speaker.
10.6 Provided, notwithstanding any other rule, House Resolutions, Invitations and Memorials shall be accepted at the desk during the Organizational Session and shall be approved only by unanimous consent for passage.
10. 7. No smoking is permitted in the Hall of the House of Representatives. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.
Rep. McTEER explained the resolution.
Rep. McTEER continued speaking.
The Resolution was then adopted.
Reps. SHEHEEN, J.W. JOHNSON, McELVEEN, GENTRY and HODGES proposed the following Amendment No. 1 (File Name L:\COUNCIL\LEGIS\AMEND\DKA\3018.DW).
Amend the resolution, as and if amended, by adding:
11.1 As used in this rule, unless the context clearly indicates otherwise:
(1) 'Person' means an individual, partnership, committee, association, corporation, labor organization, and any other organization or groups of persons.
(2) 'Public official' means any member of the House of Representatives including candidates for the office.
(3) 'Public employee' means any person employed by the House of Representatives, including applicants for the position.
(4) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable.
(5) 'Expenditure' means the transfer or promise of any consideration, whether or not legally enforceable.
(6) 'Annual filing period' means a period of time beginning thirty days after sine die adjournment and ending thirty days after the next sine die adjournment.
(7) 'Voluntary membership organization' means an organization composed of persons who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.
(8) 'Lobbying' means promoting or opposing the introduction or enactment of legislation before the House of Representatives or the committees or members of the House of Representatives, promoting or opposing executive approval of legislation, and also includes influencing the adoption or rejection of any regulation, standard, or other legislative enactment of any state agency under the State Administrative Procedures Act.
(9) 'Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence in any manner the act or vote of any member of the House of Representatives concerning any bill, resolution, amendment, report, claim, act, rule, regulation, standard, rate, or veto pending or to be introduced. 'Lobbyist' also means any nonstate employee who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning. 'Lobbyist' does not include:
(a) an individual expressing a personal opinion on legislative or administrative matters to any public official or public employee, or any person who receives no compensation to engage in lobbying activities and does not make expenditures or incur obligations in an aggregate amount in excess of one thousand dollars to or for the benefit of any public officials or public employees in an annual filing period;
(b) a person who limits his lobbying activities to appearances before public sessions of committees of the House of Representatives, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State, provided that the person makes no expenditures for or on behalf of any public official or public employee in connection with lobbying;
(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or public service district, when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;
(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where the professional services are not otherwise connected with influencing legislative action;
(e) persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals, if these persons engaged in no further activities and represent no other person in connection with a legislative matter. This exception applies to a publication which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made;
(f) persons who represent established churches solely for the purpose of protecting the rights of their own members or for protecting the doctrines of the churches or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;
(g) persons who are running for office elected by the General Assembly or persons soliciting votes on their behalf.
(10) 'Gifts' mean any item, entertainment, food, beverage, travel, and lodging given or paid voluntarily to a public official without the public official providing full and adequate consideration.
(11) 'Travel' as included in this section means transportation of ten miles or greater distance.
(12) 'Legislation' means bills, resolutions, amendments, nominations, regulations, and other matters pending or proposed in either the House or Senate and includes any other matter which may be the subject of action by either House.
(13) 'Compensation' means any money, thing of value, or economic benefit conferred on or received by a person.
11.2 (A) A person who acts as a lobbyist shall, within thirty days of this employment, register with the House Ethics Committee as provided in these rules. If a corporate entity registers, then it shall identify each individual who will act as a lobbyist on its behalf during the covered period. Each person so registering shall pay a fee of two hundred dollars and present to the House Ethics Committee a communication reflecting the authority of the registrant to represent the person by whom he is employed. However, any lobbyist who files an affidavit that he does not expend any funds nor does he receive any revenue may pay a fifty dollar registration fee.
The House Ethics Committee annually shall furnish to each House member a list of all lobbyists registered with that office. The committee shall furnish monthly updates to the same persons. The registration must be in that form and contain that information as the committee prescribes, including the following:
(1) the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist;
(2) an identification, so far as possible, of each person on whose behalf the lobbyist expects to perform services as a lobbyist;
(3) each aspect of the legislative or administrative process as it applies in the House of Representatives.
(B) Each lobbyist who ceases to engage in activities requiring him to register under these rules shall file a written statement with the Ethics Committee acknowledging the termination of activities. The notice is effective immediately. Each lobbyist who files a notice of termination under this rule shall file reports required by these rules for any reporting period during which he was registered under these rules.
(C) A lobbyist shall file a supplemental registration indicating any substantial change in the information contained in the prior registration within ten days after the date of the change.
(D) Each lobbyist shall maintain for not less than three years records which must be available to the Ethics Committee for inspection and which contain the following information:
(1) the total income received by the lobbyist attributable to lobbying;
(2) the identification of each person from whom income is received and the amount received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period;
(3) the total expenditures of the lobbyist for lobbying.
11.3 Each lobbyist, not later than thirty days after the last day of an annual filing period, shall file a report with the Ethics Committee covering that lobbyist's activities during that annual filing period. Each report must be in that form and contain information as the committee prescribes, including, but not limited to, the following:
(1) the full name, address, and telephone number of the reporting lobbyist;
(2) an identification of each person on whose behalf the reporting lobbyist performed services as a lobbyist during the covered period;
(3) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist during the covered period;
(4) each bill, resolution, or action before the House of Representatives the reporting lobbyist sought to influence during the covered period, including bill numbers or other numbers where relevant;
(5) the identification of each person from whom income is received and the amount received, but in the case of a voluntary membership organization a contribution during any annual filing period from a member need be recorded only if the contributions to the organization from the member are more than five hundred dollars and more than twenty percent of the total contributions to the organization during that annual filing period;
(6) (a) the totals of all expenditures made or incurred by a lobbyist or on behalf of a lobbyist by each of the lobbyist's employers during the preceding year. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, contributions, office expenses, or that portion of total office expenses attributable to activities covered under the provisions of these rules, including rent and the wages paid for staff assistance, and other expenses or services, and the total number of individual public officials or employees on whose behalf such expenditures were made, and a list of the names of public officials or employees on whom more than fifty dollars was spent in any twenty-four hour period.
(b) In the case of special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of the public body or bodies invited, and total expense incurred by the person filing must be stated.
(c) any expenditure directly or indirectly related to lobbying if expended while engaged in the general course of lobbying activities and the expenditure is reimbursed by the lobbyist's employer; however, contributions of political action committees which are already disclosed on other public statements are excluded from disclosure.
(7) a statement of any money promised or loaned to any public official or public employee;
(8) a statement detailing any direct business association with any public official or public employee.
When total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
11.4 (A) Each state agency or department shall, no later than thirty days after the last day of an annual filing period, file a report with the Ethics Committee covering the agency's lobbying activities during that annual filing period. Each report must be in that form and contain information as the Ethics Committee prescribes including, but not limited to:
(1) an identification of each agency official, employee, or other person who engaged in lobbying during the covered period;
(2) each action taken by the House of Representatives the persons identified in item (1) of this rule sought to influence during the covered period, including bill numbers or other numbers where relevant;
(3) the totals of all expenditures made or incurred by these persons identified in item (1) of this rule in lobbying during the covered period. The totals must be segregated according to financial category, including: food and refreshments, entertainment, living accommodations, advertising, printing, postage, travel, telephone, contributions, office expenses, including rent and the wages paid for staff assistance, and other expenses or services, and the total number of individual public officials or employees on whose behalf the expenditures were made, and a list of the names of public officials or employees on whom more than fifty dollars was spent in any twenty-four-hour period.
(B) In the case of special events for public officials or employees, including parties, dinners, athletic events, entertainment, and other functions, the date, location, name of public body or bodies invited, and total expenses incurred by the person filing must be stated.
When total amounts are required to be reported, totals must be reported for the entire year to date.
The reports required by this section are not required from any agency whose only activity is appearing before any committee of the House of Representatives at the request of that committee or any members of that committee.
11.5 The Ethics Committee has the power:
(1) to require any person to submit in writing reports and answers to questions as the committee may prescribe. The submission must be made within a reasonable period and under oath or otherwise as the committee may determine;
(2) to administer oaths;
(3) to require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;
(4) to order testimony to be taken in any proceeding or investigation by deposition before any person who is designated by the committee and has the power to administer oaths and, in these instances, to compel testimony and the production of evidence in the same manner as authorized under item (3) of this rule;
(5) to request the Attorney General to initiate through civil proceedings for injunctive relief and through presentation to grand juries, prosecute, defend, or appear in any civil or criminal action in the name of the committee for the purpose of enforcing the provisions of state law regulating lobbyists, public officials, and public employees;
(6) to make committee rules to carry out committee provisions of these rules; however, rules made by the committee under the provisions of these rules must be limited to and include only the forms necessary to accomplish the purpose of these rules;
(7) in addition to any other penalty in these rules, to require a person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within five days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered mail that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars.
11.6 The Ethics Committee has the following duties:
(1) to develop forms for the filing of notices of registration, representation, and reports required by these rules, and to furnish the forms to lobbyists upon request;
(2) to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and prior to January tenth of each succeeding year;
(3) to prepare a manual setting forth recommended uniform methods of bookkeeping and reporting and to furnish a manual to lobbyists upon request;
(4) to develop a filing, coding, and cross-indexing system consonant with the purpose of these rules;
(5) to make the notices of registration and reports filed with it available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of any report or statement by hand or by duplicating machine, as requested by any person, at the expense of the person;
(6) to preserve the originals or copies of notices and reports for a period of three years from date of receipt;
(7) to ascertain whether any lobbyist has failed to comply fully and accurately with the disclosure requirements of these rules and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of these rules or the Ethics Committee rules;
(8) to have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period;
(9) to receive complaints and make investigations with respect to the notices and reports filed under the provisions of these rules, and with respect to alleged failures to file any statement or reports required under the provisions of these rules, and, upon complaint by any individual, with respect to alleged violations of any part of these rules;
(10) to prepare a special study or report upon request of any member of the House of Representatives from information in the records of the Ethics Committee;
(11) to prepare and publish those other reports as considered appropriate;
(12) to recommend to the House legislation considered necessary to carry out the purposes of these rules.
11.7 No person may be employed as a lobbyist for compensation dependent in any manner upon the passage or defeat of any proposed legislation or administration matter or upon any other contingency connected with the action of the House of Representatives or any committee of it.
11.8 A lobbyist who violates the provisions of these rules where the lobbyist either knew or should have known that such action was in violation of these rules; a person who falsifies all or part of any notice of representation or report which he files with the Ethics Committee under these rules; or a person who falsifies or forges all or part of any communication to influence legislative action, is guilty of contempt of the House. In addition, a lobbyist convicted of a violation under the provisions of Title 2, Chapter 17, or Title 8, Chapter 13 of the 1976 Code is barred from acting as a lobbyist for a period of three years from the date of the conviction.
11.9 The wilful filing of a complaint by a person with the Ethics Committee without just cause, or with malice, may subject the complainant to disciplinary action by the Ethics Committee of the House of Representatives.
11.10 (A) No lobbyist may extend an invitation for any function paid for by a lobbyist to any member unless the entire membership of the House is invited, or one of its standing committees or standing subcommittees is invited, or an entire county legislative delegation is invited.
(B) No member may attend any function paid for by a lobbyist unless the entire membership of the House is invited, or one of the standing committees or subcommittees is invited, or an entire county legislative delegation is invited.
12.1 For purposes of this Rule 'compensation' is as defined in Rule 11.1(13).
12.2 (A) No member of the House of Representatives or employee of it may receive, accept, take, seek, or solicit, directly or indirectly, anything of value, including employment or the promise of future employment, as a gift, gratuity, or favor from:
(1) a person if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position;
(2) a person, or from an officer or director of the person, if the public official or public employee has reason to believe the person:
(a) has or is seeking to obtain contractual or other business or financial relationships with the official's or employee's agency; or
(b) conducts operations or activities which are regulated by the official's or employee's agency; or
(c) has interests which may be affected substantially by the performance or nonperformance by the public official or public employee.
(B) Any compensation or anything of value given or offered as a gift, gratuity, or favor to a public official or public employee, or any compensation or anything of value accepted or solicited as a gift, gratuity, or favor by a public official or public employee, as described in subsection (A) is a rebuttable presumption that it was given for the purpose of influencing the public official or public employee in the performance or nonperformance of his position responsibilities.
(C) Whoever gives or offers to a public official or public employee, or a public official or public employee who receives, accepts, takes, seeks, or solicits any compensation or anything of value as provided in subsection (A) is subject to the punishment as provided by the rules of the House.
(D) No public official or public employee shall solicit or receive a gift, compensation, money, or anything of value from a person registered as a lobbyist or working for a lobbyist entity, except for food and beverage consumed at a function to which the entire membership of the House is invited, one of its standing committees or subcommittees is invited, or an entire county legislative delegation is invited. A public official or public employee is not prohibited from receiving a memento of the occasion or award in the form of a plaque, certificate, or other award having value only to the recipient.
12.3 A member of the House, a candidate for the House, any committee working on behalf of a candidate for the House, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates for the House may not accept a contribution:
(1) from a bank, labor organization, or corporate entity;
(2) of currency of the United States or currency of a foreign country from a contributor which, in the aggregate from that contributor, exceeds fifty dollars for any given campaign;
(3) from a registered lobbyist in an amount to exceed two hundred fifty dollars for any given campaign.
12.4 A candidate for office or any committee working on behalf of a candidate for office, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing and to what candidate the contribution was made. Duplicate, certified originals of the list showing the names of all contributors must be filed with the House Ethics Committee within ten days after the end of each calendar quarter in which funds are received or expended preceding an election and within thirty days after each election in which such contributions are sought or received. The candidate, or committee, or group or party shall maintain a current list of all contributors during the two-week period before the election, which must be open to public inspection upon request. When a final list is filed with the House Ethics Committee the candidate or group receiving the funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what is its ultimate distribution.
12.5 The filing requirements specified in this rule are considered to be continuing after an election if the candidate, whether he was successful or not in the election, continues to collect funds for the purpose of paying expenses for the election; and the candidate is required to file an amendment to the final list filed with the House Ethics Committee within ten days after the end of each calendar quarter in which funds were received or expended. The House Ethics Committee shall forward a copy of each statement or report filed with it to the clerk of court in the county of residence of the candidate.
13.1 (A) Upon a report to the Speaker of conduct by a person which is contemptuous or otherwise violative of House Rules 11 or 12, the Speaker shall refer the matter to the House Ethics Committee for a hearing. At the conclusion of the hearing the Chairman of the House Ethics Committee shall submit a report, with a transcript of the hearing, to the Speaker. The Speaker then shall call the House into open session as a committee of the whole to consider the report and transcript and render such action as is appropriate unless the Ethics Committee makes a finding that the conduct in question is neither contemptuous nor violative of House Rules and dismissed the matter.
(B) In the event that a person is not a member of the House and is found in contempt of the House, the contemnor must be fined not less than five hundred dollars but not more than one thousand dollars or imprisoned for not more than one hundred eighty days, or both. However, in no case may the term of imprisonment extend beyond the session of the General Assembly in which a finding of contempt is made./
Amend further, Rule 4.16a., by adding:
/(3) Upon the referral by the Speaker of any matter in which there is an allegation of conduct in contempt of the House or otherwise violates the House rules, the committee shall conduct a hearing and report its findings to the Speaker./
Amend further by striking Rule 7.1 and inserting:
/7.1 If, upon a question by acclamation, the Speaker doubts, or a division be called for, the House shall divide by those in the affirmative first rising from their seats, then those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name one member from each side to tell the numbers in the affirmative and those in the negative, and from their report shall state the decision. Provided, that division votes shall be made by use of the electric roll call equipment, but no individual votes shall be recorded. The Speaker shall state: 'The pending question for division vote is ........(designating the matter to be voted upon).' The Speaker shall then unlock the voting machine and announce: 'The members shall now proceed to vote.' He shall then sound the gong. Thirty seconds after the gong has been sounded 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 report the totals./
Amend further by striking Rule 7.3a. and b. inserting:
/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 electric 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: 'The members shall now proceed to vote.' He shall then sound the gong. 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 gong has been sounded announcement of the commencement of the vote on the board, the Speaker shall ask the question: 'Have all members present voted?' after a pause, the Speaker shall lock the machine and instruct the Clerk to record the vote and the Speaker shall announce the result of the vote./
Amend further, Rule 10, by adding:
/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. However, 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./
Renumber Rules to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Reps. KLAPMAN and B.L. HENDRICKS spoke in favor of the amendment.
Rep. BAKER spoke upon the amendment.
Rep. CORNING moved that the House do now adjourn.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Boan Brown, H. Bruce Carnell Cato Clyborne Cole Corning Fair Fulmer Gonzales Gregory Hallman Haskins Houck Huff Lanford Littlejohn Marchbanks Martin, L. McAbee McCain Rama Rhoad Ross Rudnick Sharpe Tucker Vaughn Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Burch Chamblee Cooper Corbett Cork Cromer Derrick Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Manly Martin, D. Martin, M. Mattos McBride McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rogers, J. Rogers, T. Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Waites Waldrop Whipper White Wilder Wilkes Williams, D.
So, the House refused to adjourn.
Rep. GREGORY spoke against the amendment.
Rep. LANFORD moved to adjourn debate upon the amendment, until Tuesday, January 22.
Rep. GENTRY moved to table the motion to adjourn debate.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beasley Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hendricks Hodges Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Martin, M. Mattos McBride McElveen McTeer Meacham Neilson Nettles Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Waites Waldrop Whipper White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Baker Baxley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Holt Huff Jaskwhich Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCain McGinnis McLeod Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilkins Wofford Wright Young, A. Young, R.
So, the motion to adjourn debate on the amendment was tabled.
Rep. HASKINS moved to divide the question, rule by rule.
Rep. T. ROGERS moved to table the motion to divide the question and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harvin Harwell Hayes Hendricks Hodges Houck Johnson, J.C. Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Mattos McBride McElveen McKay McTeer Meacham Neilson Nettles Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Baker Baxley Beasley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Derrick Fair Fulmer Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Haskins Holt Huff Jaskwhich Keegan Koon Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCain McGinnis McLeod Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilkins Wofford Wright Young, A. Young, R.
So, the motion to divide the question was tabled.
Rep. BAXLEY moved to adjourn debate upon the amendment until Tuesday, January 8.
Rep. J.W. JOHNSON moved to table the motion.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hendricks Hodges Holt Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Mattos McBride McElveen McKay McTeer Meacham Neilson Nettles Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Alexander, T. Baker Baxley Beasley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Huff Jaskwhich Koon Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCain McGinnis McLeod Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilkins Wofford Wright Young, A. Young, R.
So, the motion to adjourn debate on the amendment was tabled.
Reps. HUFF, HASKINS and BAXLEY spoke against the amendment.
Rep. BAXLEY moved to adjourn debate upon the amendment until Wednesday, January 2.
Rep. T. ROGERS moved to table the motion.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hodges Holt Houck Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Mattos McBride McElveen McTeer Meacham Neilson Nettles Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M. Baker Baxley Beasley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Johnson, J.C. Koon Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCain McGinnis McKay McLeod Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the motion to table was rejected.
The question then recurred to the motion to adjourn debate until Wednesday, January 2.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Klapman Koon Littlejohn Marchbanks Martin, L. McAbee McCain McGinnis McKay McLeod Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hodges Holt Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McBride McElveen McTeer Meacham Neilson Nettles Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilkes Williams, J.
So, the House refused to adjourn debate on the amendment.
Rep. L. MARTIN moved that the House do now adjourn.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M. Baker Baxley Beasley Boan Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Derrick Fair Gonzales Gregory Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Koon Littlejohn Marchbanks Martin, L. McAbee McCain McGinnis McLeod Phillips Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Cromer Elliott, D. Elliott, L. Faber Farr Foster Fulmer Gentry Hallman Harris, J. Harvin Harwell Hayes Hodges Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Martin, M. Mattos McBride McElveen McKay McTeer Meacham Neilson Nettles Quinn Rama Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilkes Williams, J.
So, the House refused to adjourn.
Rep. FOSTER spoke in favor of the amendment.
Reps. L. MARTIN, ROSS, STURKIE and CARNELL spoke against the amendment.
Rep. CARNELL moved to adjourn debate upon the amendment until Tuesday, January 8.
Rep. GENTRY raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HUFF moved that the House do now adjourn.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Boan Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Koon Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCain McGinnis McKay McLeod Neilson Nettles Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Brown, J. Burch Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hodges Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Mattos McBride McElveen McTeer Meacham Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilder Wilkes
So, the House refused to adjourn.
Rep. CARNELL spoke against the amendment.
Rep. GENTRY spoke in favor of the amendment.
Rep. McABEE spoke against the amendment.
Rep. CORNING moved that the House do now adjourn.
Rep. J.W. JOHNSON raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Boan Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Fair Fulmer Gonzales Gregory Hallman Harris, P. Harrison Haskins Hendricks Holt Huff Jaskwhich Koon Littlejohn Marchbanks Martin, L. McAbee McCain McGinnis McKay McLeod Neilson Nettles Phillips Rama Rhoad Ross Rudnick Sharpe Shirley Sturkie Townsend Tucker Vaughn Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M. Alexander, T. Altman Bailey, G. Bailey, J. Bailey, K. Barber Beatty Bennett Brown, G. Burch Cromer Elliott, D. Elliott, L. Faber Farr Foster Gentry Harris, J. Harvin Harwell Hayes Hodges Houck Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Martin, M. Mattos McBride McElveen McTeer Meacham Quinn Rogers, J. Rogers, T. Sheheen Short Smith Snow Stoddard Waites Waldrop Whipper White Wilkes
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. McABEE having the floor.
At 7:30 P.M. the House in accordance with the motion of Rep. T. ROGERS adjourned to meet at 10:00 A.M. tomorrow.
This web page was last updated on Tuesday, June 30, 2009 at 8:52 A.M.