South Carolina General Assembly
113th Session, 1999-2000

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Bill 3277


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3277
Type of Legislation:              House Resolution HR
Introducing Body:                 House
Introduced Date:                  19990114
Primary Sponsor:                  Rules Committee HR 29
All Sponsors:                     Rules Committee
Drafted Document Number:          l:\council\bills\pt\1175dw99.doc
Date Bill Passed both Bodies:     19990114
Subject:                          General Assembly, House of 
                                  Representatives, Rules; Amendments to


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990114  Introduced, adopted


                             Versions of This Bill

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A HOUSE RESOLUTION

TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, BY ADDING RULE 3.12 SO AS TO ESTABLISH A DRESS CODE FOR MEMBERS AND EMPLOYEES OF THE HOUSE, OTHER THAN PAGES; TO AMEND RULE 4.8, RELATING TO THE COMMITMENT OR RECOMMITMENT OF A BILL, REPORT, PETITION, OR OTHER PAPER BEFORE THE HOUSE, SO AS TO ADD CONCURRENT RESOLUTION TO THOSE INSTRUMENTS WHICH MAY BE AFFECTED BY THIS RULE AND DELETE THE REQUIREMENT THAT THE INSTRUMENT ORIGINATE IN THE HOUSE; TO AMEND RULE 4.13, RELATING TO PERSONS PERMITTED TO ADDRESS THE HOUSE AND INVITATIONS EXTENDED TO THE HOUSE, SO AS TO DELETE THE REQUIREMENT THAT INVITATIONS TO FUNCTIONS FOR THE HOUSE WOULD NOT BE ACCEPTED AFTER THE THIRD THURSDAY IN MAY; BY ADDING RULE 4.19 SO AS TO MAKE AVAILABLE ELECTRONICALLY A SUMMARY OF A BILL OR JOINT RESOLUTION, IF IT IS AVAILABLE, WHEN REPORTED OUT OF A COMMITTEE OF THE HOUSE AND REQUIRE A DISCLAIMER TO BE PRINTED WITH THE SUMMARY; TO AMEND RULE 5.3, RELATING TO GERMANENESS, SO AS TO PROVIDE THAT AN AMENDMENT TO AN APPROPRIATIONS BILL WHICH HAS THE EFFECT OF APPROPRIATING FUNDS IN EXCESS OF TEN MILLION DOLLARS DURING THE FISCAL YEAR SHALL INCLUDE WITHIN THE AMENDMENT THE CORRESPONDING REDUCTION OR REVENUE INCREASE, OR BOTH WITHIN THE SAME SECTION THAT SHALL FULLY FUND THE AMENDMENT'S PROPOSED APPROPRIATION OR HAVE ATTACHED TO IT A WRITTEN EXPLANATION OF THE REVENUE REDUCTION OR INCREASE FROM THE DIFFERENT SECTION OR SECTION THAT SHALL FULLY FUND THE AMENDMENT'S PROPOSED APPROPRIATION; TO AMEND RULE 5.14, RELATING TO THE REQUIREMENT THAT NO REPORT OF A COMMITTEE ON CONFERENCE OR FREE CONFERENCE MAY BE CONSIDERED UNTIL THE REPORT HAS BEEN PRINTED IN THE HOUSE JOURNAL, SO AS TO ADD THE CAPITAL RESERVE FUND TO THE LIST OF EXCEPTIONS TO THIS RULE; TO AMEND RULE 6.1, RELATING TO THE TIMES THAT THE HOUSE SHALL MEET, SO AS TO REDUCE FROM THE FIRST SIX TO THE FIRST THREE WEEKS OF A LEGISLATIVE SESSION ON WEDNESDAYS THAT THE HOUSE IS REQUIRED TO MEET AT 2:00 P.M.; TO AMEND RULE 7.3, RELATING TO VOTING BY MEMBERS OF THE HOUSE, SO AS TO CHANGE THE TERMINOLOGY FOR VOTING ON THE ELECTRONIC VOTING BOARD; TO AMEND RULE 8.10, RELATING TO THE CALL FOR A DIVISION VOTE OF A QUESTION, SO AS TO CORRECT THE PHRASING WHICH ALLOWS THE SPEAKER TO DETERMINE IF A QUESTION IS DIVISIBLE; TO AMEND RULE 8.14, RELATING TO A MOTION TO RECONSIDER, SO AS TO PROVIDE THAT IF THE HOUSE IS UNDER SPECIAL ORDER TO TAKE UP A MOTION TO RECONSIDER THAT CONCERNS THE MATTER UNDER SPECIAL ORDER STATUS; TO AMEND RULE 9.4, SO AS TO REQUIRE THAT PROPOSED AMENDMENTS MUST BE TYPEWRITTEN AND IN PROPER FORMAT FOR THE COMPUTER SYSTEM, EXCEPT AS ALLOWED BY THE SPEAKER AT HIS DISCRETION; BY ADDING RULE 9.6 SO AS TO REQUIRE THAT PROPOSED AMENDMENTS TO LOCAL BILLS MAY NOT IMPACT, AFFECT, OR REFERENCE ANY PORTION OF A COUNTY OTHER THAN THE COUNTY ORIGINALLY REFERENCED IN THE LOCAL BILL; TO AMEND RULE 10.1, RELATING TO PERSONS ADMITTED WITHIN THE HOUSE CHAMBER DURING A SESSION OF THE HOUSE, SO AS TO AUTHORIZE EACH STATEWIDE CONSTITUTIONAL OFFICER WITHIN THE CHAMBER, AND TO PROHIBIT A MEMBER OF THE PRESS FROM CONDUCTING AN INTERVIEW WITHIN THE HOUSE CHAMBER WHILE THE HOUSE IS IN SESSION; BY ADDING RULE 10.6 SO AS TO REQUIRE THAT LAPTOP COMPUTERS LOCATED IN THE HOUSE CHAMBERS MAY NOT BE REMOVED FROM THE CHAMBER; TO AMEND RULE 10.7, RELATING TO THE PROHIBITION ON SMOKING, SO AS TO ADD THE USE OF TOBACCO PRODUCTS WITHIN THE PROHIBITION AND PROVIDE THAT THE CONSUMPTION OF FOOD IS NOT PERMITTED WITHIN THE HOUSE CHAMBER; AND BY DELETING RULE 10.10, RELATING TO MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT.

Be it resolved by the House of Representatives:

(1) That the Rules of the House are amended by adding:

"3.12 Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females, unless otherwise excused by the Speaker in his sole discretion."

(2) That Rule 4.8 of the Rules of the House is amended to read:

"4.8 Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further that the Speaker may, in his discretion, commit to a committee any bill, or joint resolution, or concurrent resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, or joint resolution, or concurrent resolution as it passed the House. Such bill, or joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the calendar under second reading and proceed through the calendar. If not amended it shall be enrolled as an act and ratified. If said bill, or joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."

(3) That the second paragraph of Rule 4.13 of the Rules of the House is amended to read:

"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 or during the week anticipated for the debate of the State Appropriations Bill."

(4) That the Rules of the House are amended by adding:

"4.19 When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'."

(5) That Rule 5.3 B. is amended to read:

"B. Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations 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 to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. An amendment which has the effect of appropriating funds in excess of ten million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment's proposed appropriation(s) or have attached to it in writing an explanation of the appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment's proposed appropriation(s). The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills."

(6) That Rule 5.14 of the Rules of the House is amended to read:

"5.14 No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, the Capital Reserve Fund, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House."

(7) That the second paragraph of Rule 6.1 of the Rules of the House is amended to read:

"Provided, further, that during the first six three 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."

(8) That Rule 7.3(i) of the Rules of the House is amended to read:

"(i) Each member must shall be issued one key electronic card by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key card may not be duplicated by the member nor may a duplicate be issued to a member. The key card must not be left in the key lock voting console at any time while the member is not within the outer doors of the Chamber. If a member loses his key card, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key card while the House is in session, the Sergeant at Arms will provide a temporary key card to that member at the member's request for that day only, and that key card may not be removed from the House Chamber."

(9) That Rule 8.10 of the Rules of the House is amended to read:

"8.10 Any member may without debate, call for the division of a question and the House may divide the question if the Speaker shall appear to comprehend determines the question so distinct that, one being taken away, the rest may stand entirely on its own."

(10) That the first paragraph of Rule 8.14 of the Rules of the House is amended to read:

"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 reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it except when Special Orders are being considered. If the House is not in session for statewide matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. Provided, that if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made."

(11) That Rule 9.4 of the Rules of the House is amended to read:

"9.4 A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion."

(12) That the Rules of the House are amended by adding:

"9.6 Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill."

(13) That the second paragraph of Rule 10.1 of the Rules of the House is amended to read:

"The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session."

(14) That the Rules of the House are amended by adding:

"10.6 Laptop computers located in the House Chamber may not be removed from the Chamber."

(15) That Rule 10.7 of the Rules of the House is amended to read:

"10.7 No smoking or use of tobacco products is permitted in any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. Provided, further, that the consumption of food is not permitted within the House Chamber."

(16) That the Rules of the House are amended by deleting Rule 10.10 in its entirety.

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