South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 1 . . . . . Tuesday, November 30, 2004

Tuesday, November 30, 2004
(Organizational Session)

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 11:00 a.m. by Sandra K. McKinney, the Clerk of the late House of Representatives.

Deliberations were opened with prayer by the temporary chaplain, J.R. SMITH, as follows:

Our thought for today is from Proverbs 4:5: Get wisdom, get insight: Do not forget nor turn away from the words of My mouth. Let us pray:
Almighty God, we thank You for the privilege to serve Your people in this place. Give these people Your wisdom, integrity and Your blessing that what they do here may be acceptable in Your sight. Give strength to those called to be leaders of this body and provide them Your help in time of need. Bless our Nation, State, our President, our Governor and all who lead. Keep our defenders of freedom safe. In the Name of our Lord, 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. J.R. SMITH.

RESIGNATION

The following was received:

HOUSE OF REPRESENTATIVES
STATE OF SOUTH CAROLINA

June 30, 2004
The Honorable David H. Wilkins
Speaker, South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211


Printed Page 2 . . . . . Tuesday, November 30, 2004

Dear Speaker Wilkins:

This letter is to notify you that as of Wednesday, June 30, 2004, I am resigning as a member of the South Carolina House of Representatives. It has been an honor and a privilege to serve as a member of this fine body.

Sincerely,
Becky Richardson

Received as information.

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

July 7, 2004
The Honorable Thad Viers
South Carolina House of Representatives
Post Office Box 31231
Myrtle Beach, South Carolina 29588

Dear Thad:

It is with pleasure that I appoint you to serve on the Judiciary Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

July 8, 2004
The Honorable McLain Toole
South Carolina House of Representatives
180 Dogwood Circle
West Columbia, South Carolina 29170


Printed Page 3 . . . . . Tuesday, November 30, 2004

Dear Mac:

It is with pleasure that I appoint you to serve on the Agriculture, Natural Resources and Environmnetal Affairs Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

July 8, 2004
The Honorable Robert S. Perry, Jr.
South Carolina House of Representatives
Post Office Box 702
Aiken, South Carolina 29802

Dear Skipper:

It is with pleasure that I appoint you to serve on the Labor, Commerce and Industry Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

July 9, 2004
The Honorable David Umphlett
South Carolina House of Representatives
1145 Hwy. 402
Moncks Corner, South Carolina 29461


Printed Page 4 . . . . . Tuesday, November 30, 2004

Dear David:

It is with pleasure that I appoint you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
I look forward to working with you in the coming year.

Sincerely,
David H. Wilkins
Speaker of the House

OFFICE OF THE SPEAKER
SOUTH CAROLINA HOUSE OF REPRESENTATIVES

July 14, 2004
The Honorable Laurie Slade Funderburk
South Carolina House of Representatives
1804 Broad Street
Camden, South Carolina 29020

Dear Laurie:

It is with pleasure that I appoint you to serve on the Medical, Military, Public and Municipal Affairs Committee, effective immediately. I know that you will serve this committee with honor and distinction. If you have any questions, please do not hesitate to contact me.
After the election, all members will have the opportunity to request new committee assignments. I look forward to working with you.

Sincerely,
David H. Wilkins
Speaker of the House

ELECTION OF THE TEMPORARY CHAIRMAN

The CLERK of the late House announced that the first business in order was the election of a Temporary CHAIRMAN.
Rep. SIMRILL nominated Rep. KIRSH.
On motion of Rep. SIMRILL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.


Printed Page 5 . . . . . Tuesday, November 30, 2004

The CLERK of the late House appointed Reps. MOODY-LAWRENCE, MCCRAW, DELLENEY, EMORY and NORMAN to escort Rep. KIRSH to the rostrum.
Rep. KIRSH presented his credentials and the oath of office was administered to him by the CLERK.
Rep. KIRSH thereupon took the Chair.

TEMPORARY OFFICERS

The Temporary CHAIRMAN appointed Mrs. Sandra K. McKinney to act as Temporary Clerk; Mr. James L. Mann Cromer, Jr. as Temporary Reading Clerk, and Mr. Mitchell G. Dorman as Temporary Sergeant at Arms.

COMMUNICATION
STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE

November 18, 2004
House of Representatives
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, SC 29211

Dear Ms. McKinney:

The State Election Commission has certified to this office that the Honorable Laurie Slade Funderburk, received the greatest number of votes cast for the House of Representatives, House District #52, in a special election held in South Carolina on June 15, 2004.

Honorable Laurie Slade Funderburk is hereby certified as the duly and properly elected member of the House of Representatives, House District #52.

Sincerely,
/s/Mark Hammond
Secretary of State

COMMUNICATION
STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE


Printed Page 6 . . . . . Tuesday, November 30, 2004

November 18, 2004
House of Representatives
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, SC 29211

Dear Ms. McKinney:
The State Election Commission has certified to this office that the attached list of members received the greatest number of votes cast in the General Election held November 2, 2004.
The members are hereby certified as the duly and properly elected members of the House of Representatives, House Districts One through One Hundred Twenty-Four.

Sincerely,
/s/Mark Hammond
Secretary of State

S.C. HOUSE OF REPRESENTATIVES

District 1   Bill Whitmire (R)
District 2   Bill Sandifer (R)
District 3   B.R. Skelton (R)
District 4   David Hiott (R)
District 5   Phil Owens (R)
District 6   Brian White (R)
District 7   Ronald P. Townsend (R)
District 8   Becky R. Martin (R)
District 9   Michael D. Thompson (R)
District 10   Daniel T. Cooper (R)
District 11   Paul Agnew (R)
District 12   J. Anne Parks (D)
District 13   Gene Pinson (R)
District 14   Mike Pitts (R)
District 15   Jeff Duncan (R)
District 16   Adam Taylor (R)
District 17   Harry F. Cato (R)
District 18   Lewis R. Vaughn (R)
District 19   Dwight A. Loftis (R)
District 20   Glenn L. Hamilton (R)


Printed Page 7 . . . . . Tuesday, November 30, 2004

District 21   Bob Leach (R)
District 22   Gloria Arias Haskins (R)
District 23   Fletcher N. Smith (D)
District 24   David H. Wilkins (R)
District 25   Karl B. Allen (D)
District 26   Rex F. Rice (R)
District 27   Garry R. Smith (R)
District 28   Dan Tripp (R)
District 29   E. DeWitt McCraw (D)
District 30   Olin R. Phillips (D)
District 31   Brenda Lee (D)
District 32   Doug Smith (R)
District 33   Lanny F. Littlejohn (R)
District 34   Scott Talley (R)
District 35   Phil Sinclair (R)
District 36   Joe Mahaffey (R)
District 37   Ralph Davenport (R)
District 38   Bob Walker (R)
District 39   Marion B. Frye (R)
District 40   Walt McLeod (D)
District 41   Creighton B. Coleman (D)
District 42   Mike Anthony (D)
District 43   Greg Delleney (R)
District 44   James M. "Jimmy" Neal (D)
District 45   Eldridge Emory (D)
District 46   Gary Simrill (R)
District 47   Herb Kirsh (D)
District 48   Ralph W. Norman (R)
District 49   Bessie Moody-Lawrence (D)
District 50   Grady Brown (D)
District 51   David Weeks (D)
District 52   Laurie Slade Funderburk (D)
District 53   Ted Martin Vick (D)
District 54   Douglas Jennings, Jr. (D)
District 55   Jackie E. Hayes (D)
District 56   Denny W. Neilson (D)
District 57   Jim Battle (D)
District 58   Liston D. Barfield (R)
District 59   Mack T. Hines (D)
District 60   Marty W. Coates (R)
District 61   Lester Branham, Jr. (D)

Printed Page 8 . . . . . Tuesday, November 30, 2004

District 62   Jesse E. Hines (D)
District 63   James McGee (R)
District 64   C. Alex Harvin III (D)
District 65   Jay Lucas (R)
District 66   Gilda Cobb-Hunter (D)
District 67   G. Murrell Smith, Jr. (R)
District 68   Thad Viers (R)
District 69   Ted Pitts (R)
District 70   Joseph H. Neal (D)
District 71   Nathan Ballentine (R)
District 72   James Smith (D)
District 73   Joe E. Brown (D)
District 74   J. Todd Rutherford (D)
District 75   Jim Harrison (R)
District 76   Leon Howard (D)
District 77   John L. Scott, Jr. (D)
District 78   Joan Brady (R)
District 79   Bill Cotty (R)
District 80   Jimmy Bales (D)
District 81   Robert S. Perry, Jr. (R)
District 82   William "Bill" Clyburn (D)
District 83   Don Smith (R)
District 84   J. Roland Smith (R)
District 85   Chip Huggins (R)
District 86   Jim Stewart (R)
District 87   Nikki Haley (R)
District 88   Mac Toole (R)
District 89   Kenny Bingham (R)
District 90   Thomas N. Rhoad (D)
District 91   Lonnie Hosey (D)
District 92   Shirley Hinson (R)
District 93   Harry L. Ott, Jr. (D)
District 94   Converse Chellis (R)
District 95   Jerry N. Govan, Jr. (D)
District 96   Kenneth Clark (R)
District 97   George H. Bailey (D)
District 98   Annette D. Young (R)
District 99   Jim Merrill (R)
District 100   C. David Umphlett, Jr. (R)
District 101   Kenneth "Ken" Kennedy (D)
District 102   Joseph H. Jefferson, Jr. (D)

Printed Page 9 . . . . . Tuesday, November 30, 2004

District 103   Carl Anderson (D)
District 104   Tracy R. Edge (R)
District 105   W. D. "Billy" Witherspoon (R)
District 106   Nelson Hardwick (R)
District 107   Alan Clemmons (R)
District 108   Vida O. Miller (D)
District 109   David Mack III (D)
District 110   Chip Limehouse (R)
District 111   Floyd Breeland (D)
District 112   Ben Hagood (R)
District 113   J. Seth Whipper (D)
District 114   Bobby Harrell (R)
District 115   Wallace Scarborough (R)
District 116   Robert L. Brown (D)
District 117   Thomas M. Dantzler (R)
District 118   Bill Herbkersman (R)
District 119   John Graham Altman (R)
District 120   Bill Bowers (D)
District 121   Walter P. Lloyd (D)
District 122   R. Thayer Rivers, Jr. (D)
District 123   Richard Chalk (R)
District 124   Catherine Ceips (R)

MEMBERS-ELECT SWORN IN

The TEMPORARY 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:

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Barfield
Battle                 Bingham                Bowers
Brady                  Branham                Breeland
G. Brown               J. Brown               R. Brown
Cato                   Ceips                  Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Cobb-Hunter

Printed Page 10 . . . . . Tuesday, November 30, 2004

Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Funderburk             Govan
Hagood                 Haley                  Hamilton
Hardwick               Harrell                Harrison
Harvin                 Haskins                Hayes
Herbkersman            J. Hines               M. Hines
Hinson                 Hiott                  Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Mahaffey
Martin                 McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Neilson                Norman                 Ott
Owens                  Parks                  Perry
Phillips               Pinson                 E. H. Pitts
M. A. Pitts            Rhoad                  Rice
Rivers                 Rutherford             Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            W. D. Smith
Stewart                Talley                 Taylor
Thompson               Toole                  Townsend
Tripp                  Umphlett               Vaughn
Vick                   Viers                  Walker
Weeks                  Whipper                White
Whitmire               Wilkins                Witherspoon
Young

Total Present--124

The foregoing were then sworn in by the Temporary CHAIRMAN.


Printed Page 11 . . . . . Tuesday, November 30, 2004

ELECTION OF THE SPEAKER

The Temporary CHAIRMAN announced that nominations were in order for a SPEAKER.
Rep. YOUNG nominated Rep. DAVID H. WILKINS of Greenville as follows:

Mr. Chairman, ladies and gentlemen of the House...Susan Wilkins...it is with great pleasure, that I rise to place into nomination for the office of the Speaker of the House, David Wilkins.
This marks an historic day for both David and this House.
Ten years ago, David Wilkins achieved what many thought was unthinkable only a few years before...he became the first Republican Speaker of any Southern State since the days of Reconstruction.
Today, David Wilkins is now one of the longest serving, and by anyone's standards, certainly one of the most successful speakers in our country.
Speaker Wilkins has provided a steady hand through uncertain times over the last decade. He has presided over this body, as we dealt with some of the most emotional issues of our day. He has been there, as we've mourned the passing of treasured colleagues and watched our country face its gravest hours.
Through elections and transition and economic highs and lows, one of the few things that have been certain these last ten years, is the solid leadership of our Speaker.
This summer, the Speaker was recognized nationally with the 2004 Excellence in Leadership Award for his distinguished leadership-one of only two elected officials in the country to receive this high recognition.
Seems the rest of the country has now learned what we've known here in South Carolina all along.
What I admire most about Speaker Wilkins is his loyalty. The Speaker has had many well-publicized opportunities to leave this Chamber. From Federal Judgeships to Ambassadorships...there's no doubt in my mind the Speaker has carefully weighed each decision. But in the end, his loyalty to this House and to his beloved South Carolina...always carry the day. And we're better for it.
Its been said, "The quality of a leader is reflected in the standards they set for themselves." For ten years, Speaker David Wilkins has been demanding excellence from himself. Under his faithful leadership, this body has a work ethic second to none. David Wilkins, continues to earn our trust and our respect, every single day.


Printed Page 12 . . . . . Tuesday, November 30, 2004

Mr. Chairman, it is my great honor and privilege to place David Horton Wilkins into nomination for your consideration as the Speaker of the South Carolina House of Representatives. Thank you.

On motion of Rep. YOUNG, 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. TOOLE, G.R. SMITH, HAYES, MILLER, MAHAFFEY and R. BROWN to escort the SPEAKER-ELECT to the desk where the oath of office was administered unto him by the Temporary CHAIRMAN.
SPEAKER WILKINS thereupon took the Chair and addressed the House as follows:
"Ladies and gentlemen of the House, special guests and friends: thank you for that very, very warm reception. And a special thanks to my dear friend, Annette Young, for your nomination and wonderful words and kind introduction. To our twelve new members and your families seated in the balcony: I offer each of you a very special welcome. Thank you for your willingness to serve. Most importantly, thanks to all of you for the honor you have bestowed upon me once again.
It's hard to believe that ten years have passed since you first elected me your Speaker.
I understand that I am now the third longest serving speaker in our State's history. Sol Blatt, of course, holds the record for serving more than thirty years as Speaker - the longest serving Speaker in our country's history. I pledge to you today that I will NOT attempt to break Speaker Blatt's record! But I am truly humbled by your confidence and support.
Serving alongside each of you for the citizens of this wonderful State in this House remains a labor of love - and the privilege of my lifetime. Twenty-four years ago I promised my wife, Susan, that if she allowed me to run for the House and serve in Columbia for just two years, I'd return to Greenville and never look back. Funny how life changes while you're making plans!
The one thing that hasn't changed is Susan's total support. She made the sacrifices at home so I could be here and she remains my greatest ally and best friend. I am so glad she is here with me today along with my son, Robert and the newest member of our family, our daughter-in-law Stephanie. Thanks for being here today. I told Stephanie I was


Printed Page 13 . . . . . Tuesday, November 30, 2004

going to defer to her and let her have a few remarks about her life to you, but she decided not to do that.
In years' past, you have graciously allowed me to use this time to share my thoughts on State policy and issues, but as we mark ten years together, I'd like to take these brief moments to reflect on where we've been. The men and women of this Chamber have long filled me with great hope for the future because I've been a witness to history as you have successfully handled the most contentious issues of our day. Those very important issues have become dusty footnotes as we've moved on to the next pressing concern. But like a milestone anniversary, they're worth remembering. They tell us how far we've come and sometimes - inspire us to work harder - to build the kind of South Carolina in which we all can be proud.
For the last decade, you and I have operated from a philosophy in this Chamber that views government as a launching pad rather than a landing. That's why when we started out in 1995, we quickly reformed welfare, and then got down to business, crafting bills designed to attract world-class companies and create jobs.
Over the ensuing years, this body also brought sweeping accountability to our schools, passed historic property tax relief, created merit-based LIFE scholarships, and was the unrelenting force for campaign finance reform. Emotionally divisive issues like the Confederate flag and video poker were dealt with honorably and effectively in this Chamber. We faced a new millennium with the optimism that comes from sustained peace and prosperity. And then everything changed.
We watched helplessly as airplanes were transformed into bombs, as our countrymen jumped from crumpling towers, as heroes raced into burning buildings. But out of the twisted metal of 9-11 our country found its steely core and together our State and our nation continue to meet the challenges of this new age.
Part of that challenge was dealing with the devastating consequences of an already sluggish national economy thrown into recession. South Carolina was hit hard. Revenue shortfalls were severe, and you and I had some tough decisions to make. We could either cut government or raise taxes. I believe that we're coming out of this recession because unlike almost every other state in our nation we resisted the temptation - and the pressure - to take the easy way out and raise taxes. We're on the road to recovery not because we asked South Carolinians for more of their hard-earned tax dollars but because we demanded government do more with less. But regardless of our core philosophies, over the

Printed Page 14 . . . . . Tuesday, November 30, 2004

course of a decade, whether Democrat or Republican, we've been in the trenches together. We may stand on different sides of an issue but are united always in our desire to move South Carolina to a better place.
Nothing proclaimed that more boldly than when we stood shoulder-to-shoulder on the State House steps two months ago and prayed together for our nation. As one editorialist stated about our collective efforts, they - quote - 'set aside their differences, their arguments, and their partisanship to cooperate in reminding us all of our higher callings to God and to country.'
As we face a new legislative year with new challenges may we be reminded of our higher calling to God and to country and may we seek to continue to set a positive example. I especially want to thank James Smith for his heavy lifting during that time and to the vast majority of you who made the effort to attend: thank you!
President Woodrow Wilson said, 'The princes among us are those who forget themselves and serve mankind.' We have a lion's share of princes in South Carolina. Today the greatest among them serve on the front lines: our brave men and women who fight the enemies of freedom in faraway places. Some don't make it back home. I'd like to salute one of those heroes in particular this morning: Airmen First Class Carl Anderson, Junior. Carl died August 29 - a victim of a roadside bomb in Iraq - just four days after turning 21. He is the son of our new Representative from Georgetown and Williamsburg Counties. He is a hero to us all. Representative Anderson: We honor your sacrifice. You carry the gratitude of an entire nation with you. May God bless you and your family and the families of every one of our troops as they courageously stand in the gap between liberty and tyranny.
Henry David Thoreau said, 'Be true to your work, your word, and your friend.' As I've told our new members they'll quickly discover the two most important commodities here in Columbia are your integrity and your vote. Safeguard them both. You have accepted a life changing challenge and you will learn as much about yourselves as you do about our State government. But what you will cherish and what will sustain you through the trying times are the friendships you make here. Be true to those friends and true to your word and your time here in the House will be time well spent.
It's been said of time that it is always a good time - if we know what to do with it. Now as we close the chapter of a decade and look ahead seeking once more to wisely steer our ship of State may our best most

Printed Page 15 . . . . . Tuesday, November 30, 2004

successful times be those yet to come. And may we - like President Abraham Lincoln - pray not that 'God's on our side.' Rather, 'pray that we're on His side.'
Thank you for this tremendous privilege, for a decade of wonderful memories, and the promise of even brighter tomorrows. May God bless you and God bless South Carolina. Thank you very much."

ELECTION OF THE SPEAKER PRO TEMPORE

The SPEAKER announced that nominations were in order for SPEAKER PRO TEMPORE.
Rep. ANTHONY nominated Rep. W.D. SMITH as follows:

"Mr. Speaker and Members of the House, I would like to nominate a friend of mine and the Chairman of our Spartanburg Delegation, Doug Smith, for reelection as our Speaker Pro Tempore. When I think of Doug, I think of his family. He came here more than twelve years ago and he soon married a Sumter County girl. I think Alison is with us today. Many of you veteran legislators all recognize Alison and Doug's little girls. In fact, his little girls probably know more about this State House than most of us. If any of these new legislators want a tour, I think his children can give that tour better than anyone.
Doug has been a constant leader and ready at the call of the Speaker to step in and lead and even preside. What I have always liked about Doug is that his door is always open. No matter which side of the aisle you are on, Doug Smith will listen to you and many of us in here know this.
I believe that it is his recognition that this institution is far greater than any of our agendas. My friend, this House was built on integrity and principle and as well, our leadership should reflect this and because of this I nominate Doug Smith."

On motion of Rep. ANTHONY, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The SPEAKER appointed Reps. HALEY, OWENS, RUTHERFORD, SINCLAIR and BRANHAM, to escort the SPEAKER PRO TEMPORE-elect to the Desk where the oath of office was administered unto him by the SPEAKER.


Printed Page 16 . . . . . Tuesday, November 30, 2004

SPEAKER PRO TEMPORE W.D. SMITH thereupon took the Chair and addressed the House as follows:

Thank you Mike for your kind words. And thank you to my old and new friends in the House for reelecting me.
Mike, I appreciate your mentioning my wife Alison, who is here with me today. She's the mother of our two wonderful daughters, she's the strength of our family, she's the gatekeeper of our home and most of all...on a selfish note...she's my best friend. She is living proof that so often..."with a thorn, comes a rose". Thank you Alison for allowing me to do something I love.
This is now the third time that this honor has been bestowed upon me and I promise to uphold the trust you've placed in me. It is also the third time that I'll remind each of you, and myself, for that matter...that it is our families that take on greater responsibilities...so that we might serve. So...do not neglect them.
In fact, honor them by serving...with class, integrity, and dignity...so that they will be more proud of your service...than even you.
This institution...the House and all of it's employees are next to none. They are truly world class. And there is one good reason for it... and her name is Sandra K. McKinney. I love and respect you Sandy...please don't ever forget about us.
Speaking of retirements, I'd like to clear up a swirling rumor. And while it is certainly not what I consider a worthy news flash...I owe it to each of you to let you know that I too have no intention of leaving the House. In fact, I look forward to continuing to serve along side David Wilkins, one of the great Speakers of our time.
Much responsibility rest, as it should, with the leadership of the House. We gladly accept the challenge by offering ourselves for the positions we hold. That's why I'm excited about Harry Ott's election to the minority leaders position. Much now rests on your shoulders my friend. Congratulations Harry...I wish you good luck, and I look forward more than ever to working with you and your caucus. One thing my service here has taught me is that one can listen and appreciate the views of others...without compromising their principles. And you never know...sometimes, now and then, you might just learn something.
History records that great traditions of fairness and justice have occurred in this Chamber. For you new members...you're now... apart of it. Be a good steward of it. Pass it along to the next... when you're


Printed Page 17 . . . . . Tuesday, November 30, 2004

ready to leave...leave it better than when you arrived. If you do so...your time here will have been well served.
Mr. Speaker, once again I pledge my support to you, this House and those that work and serve in it. Thank you all.

ELECTION OF THE CLERK

The SPEAKER announced that nominations were in order for the Clerk of the House.

Rep. HARRISON nominated MR. CHARLES REID of Columbia as follows:

"Mr. Speaker...Ladies and gentlemen of the House. Before I place a name in nomination for the position of Clerk of the House, I think it only fitting that we recognize our current Clerk for over 30 years of Service to the House. The last 16 years as our Clerk. Sandy McKinney has served this body with honor and distinction and she will be dearly missed by all of us. Thank you Sandy, for all that you have done for us.
Mr. Speaker, ladies and gentlemen. It is with great pleasure that I rise to nominate Charles Reid for the office of Clerk of the House.
Charles is, without a doubt, the right man for the job. Charles brings us almost a decade of House legal experience. Charles brings a command of the House Rules, second to none...except maybe our Speaker.
Charles has served as legal counsel to the Speaker, the House Rules Committee, the House Ethics Committee and the House Ways and Means Committee. Charles returned to the House last January because, like we all understand, this place just gets in your blood.
No one understands our House rules, procedures, and protocol better than Charles Reid. But more importantly, no one will protect and defend the integrity of this institution more than Charles Reid. Ladies and gentlemen, Charles Reid has both the ability and the character to serve in this office. He has the experience, the temperament and the commitment to serve this body well.
Mr. Speaker, it is my great honor to nominate Charles Reid for the office of Clerk of the South Carolina House of Representatives. Thank you.
Mr. Speaker, as Charles comes forward to assume the position of Clerk, I'd like to take this opportunity to recognize his family, who are with us today. His lovely wife Taj and his two beautiful daughters, Callie and Emily."


Printed Page 18 . . . . . Tuesday, November 30, 2004

On motion of Rep. HARRISON, 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 him by the SPEAKER.

ELECTION OF THE SERGEANT AT ARMS

The SPEAKER announced that nominations were in order for the Sergeant at Arms.

Rep. MCGEE nominated Mr. Mitchell G. Dorman of Kershaw as follows:

"Thank you Mr. Speaker. It is my honor today to nominate Mitch Dorman as Sergeant-at-Arms. All of us who have been here for any period of time are familiar with Mitch.
Those of you who are new here will get to know him and it will be a pleasurable experience. Mitch is married to Leah Blanton of Spartanburg and they have one child, Nicholas, age six and I believe they are in the balcony today. We keep Mitch here a lot with our overtime hours and a lot of times, it is the families that sacrifice.
Mr. Speaker, Mitch began work here in the House of Representatives in 1983. He was promoted to Assistant Director of Security in 1986 and he was elected Sergeant-at-Arms in 1990. He is a graduate of the University of South Carolina in Lancaster.
I think all of us would agree that Mitch and his staff are very professional and operate in a non-partisan manner. They are dedicated and loyal to us as members. It is my pleasure to nominate Mitch Dorman to Sergeant-at-Arms and Mr. Speaker, I would move the nominations be closed and Mitch be elected by acclamation."

On motion of Rep. MCGEE, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF THE READING CLERK

The SPEAKER announced that nominations were in order for the Reading Clerk.
Rep. COBB-HUNTER nominated Mr. James L. Mann Cromer, Jr. as follows:


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"Thank you Mr. Speaker and members. Let me say a special hello to all of the new members. Welcome, I look forward to working with each of you and getting to know you. Mr. Speaker and members, I am very honored to stand before you today to place in nomination the name of a young man who is a very dear friend of mine and most of us who serve here.
James L. Mann Cromer, better known as Bubba, is the Reading Clerk here and has served in that capacity since 1999. For those of you who may not be as familiar with Bubba, as those of us who have served, please know that he really does know what he is doing up here and has some understanding of the House, because Bubba served from 1991 until 1998 as a member of this body.
If you want to know about all of his honors, when he was here serving, he was the Legislator of the Year, but I think there are certain qualities about our Reading Clerk that I just want to share with you, particularly those of you who don't know Bubba as well as some of us do. As Reading Clerk, he has brought to this job a set of skills, qualities and capabilities that simply are unmatched. Bubba is one of the hardest working people I know. If he were a radio guy, he'd be like the 'Fly Jock', Tom Joyner, the hardest working man in radio. I know that was a reference that went over most of y'alls heads, I understand that.
Bubba is one of the hardest working people in here. Mr. Rutherford, he is dependable, he is relentless, he has a real selfless attitude. I want you to know that you can count on Bubba's sense of humor. On some days when we are in the midst of stuff, Bubba has a way of putting it into perspective or as old folks say, 'just explaining it in a way that you can understand and appreciate.'
A sense of humor is a good quality to have, not only as a Reading Clerk, but as a member of this body. I think you will all learn to appreciate that. Bubba Cromer is a man of integrity. The Speaker has talked about when you come here that there are two things that count most, your integrity and your word or your vote. Bubba, both as a member and certainly as Reading Clerk demonstrated that he has a real command of both of those.
Bubba has a degree in English from Clemson. That degree in English from Clemson has allowed him to spell all of the big words that we have on this board. I borrowed this from Representative Jay Lucas' speech two years ago - Bubba knows how to spell adjourn that you will see up on the big board and that is the value of his degree from Clemson among other things. No offense to Clemson people. Bubba also has a law degree from the University of South Carolina. Mr.

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Speaker and members I just want to close my comments by suggesting to you that in the years that I have known him there is not one person in here who can say that they have ever gone to our Reading Clerk and asked for something and if it was in his power to do, he did deliver.
The other thing I want to end with, is to suggest to you that you get to know Bubba Cromer, and this is another one I borrowed from one of Representative Joe Neal's introductions four years ago. You need to get to know Bubba Cromer as Reading Clerk because you can't speak until he recognizes you. So Mr. Speaker, and members, it is indeed a pleasure and an honor for me to place in nomination, the name of James L. Mann 'Bubba' Cromer as our Reading Clerk. Thank you Mr. Speaker."

On motion of Rep. COBB-HUNTER, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF THE CHAPLAIN

The SPEAKER announced that nominations were in order for the Chaplain.
Rep. CEIPS nominated Rev. Charles E. Seastrunk, Jr. of Columbia as follows:

Mr. Speaker, ladies and gentlemen, and honored guests, I am reminded of the words of Ronald Reagan:
"It is said that prayer can move mountains. Well, it's certainly moved the hearts and minds of Americans in their times of trial and helped them to achieve a society that, for all its imperfections, is still the envy of the world and the last, best hope of mankind."
As we seek divine guidance for the trials that lie ahead, it is my pleasure and honor to place the name of Charles Seastrunk in nomination for Chaplain of the House.
He is a resident of Richland County and has over four decades of experience in the ministry. Many of these years Pastor Seastrunk served our country as an Air Force Chaplain with assignments all across the globe, including time in Germany and Vietnam, where he received the Bronze Star.
He continues to serve our military today as a part-time Chaplain at the William Jennings Bryan Dorn Veteran's Hospital and he is currently the Chaplain to the 5th Brigade of the S.C. State Guard.


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He received his education from Pepperdine University, Newberry College, and the Lutheran Theological Seminary.
Pastor Seastrunk is not able to be with us today. Please keep him in your prayers.
Mr. Speaker, ladies and gentlemen of the House, our Chamber would be well served by the guidance and counsel of this outstanding and wise man.
We defend and we build a way of life, as FDR noted, "not for American alone, but for all mankind."
Therefore, it is my honor to nominate Reverend Charles E. Seastrunk, Jr., for the position of Chaplain of the South Carolina House of Representatives.
Mr. Speaker, I move that nominations be closed and that Reverend Seastrunk be nominated by acclamation.

On motion of Rep. CEIPS, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

OFFICERS SWORN IN

The SPEAKER administered the oath of office unto the Sergeant at Arms, Mr. Mitchell G. Dorman, the Reading Clerk, Mr. James L. Mann Cromer, Jr., and the Chaplain, Rev. Charles E. Seastrunk, Jr.

H. 3000--ADOPTED

The following was introduced:

H. 3000 (Word version) -- Reps. Wilkins, W. D. Smith, Harrison, J. Brown, Townsend, Harrell, Witherspoon, Cato and Chellis: A HOUSE RESOLUTION TO PROVIDE A PROCEDURE FOR ALLOTTING SEATS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE 2005 AND 2006 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 2005 and 2006 Sessions of the General Assembly the following procedure is adopted:


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"As soon as practicable, after the House has been organized, the seats of the members must be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed on it. These must 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 2005 and 2006 Sessions of the General Assembly, they shall incorporate the above provision as part of the Rules of the House of Representatives with an appropriate numerical designation.

The Resolution was adopted.

ALLOTMENT OF SEATS

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. PHILLIPS.

ALLOTMENT OF SEATS

Agnew   112   Limehouse   37
Allen   22   Littlejohn   29
Altman   43   Lloyd   83
Anderson   33   Loftis   3
Anthony   55   Lucas   17
Bailey   46   Mack   40
Bales   111   Mahaffey   19
Ballentine   89   Martin   107
Barfield   104   McCraw   57
Battle   30   McGee   60
Bingham   85   McLeod   74
Bowers   93   Merrill   70
Brady   120   Miller   31
Branham   50   Moody-Lawrence   20
Breeland   41   Neal, J.H.   64


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Brown, G.   32   Neal, J.M.   123
Brown, J.   62   Neilson   110
Brown, R.   38   Norman   21
Cato   10   Ott   90
Ceips   94   Owens   35
Chalk   108   Parks   66
Chellis   122   Perry   9
Clark   100   Phillips   56
Clemmons   103   Pinson   67
Clyburn   73   Pitts, E.   87
Coates   61   Pitts, M   58
Cobb-Hunter   91   Rhoad   1
Coleman   54   Rice   34
Cooper   96   Rivers   92
Cotty   121   Rutherford   81
Dantzler   69   Sandifer   116
Davenport   24   Scarborough   42
Delleney   16   Scott   63
Duncan   59   Simrill   26
Edge   102   Sinclair   14
Emory   124   Skelton   45
Frye   101   Smith, D.C.   7
Funderburk   75   Smith, F.N.   23
Govan   82   Smith, G.M.   114
Hagood   53   Smith, G.R.   12
Haley   88   Smith, J.E.   80
Hamilton   13   Smith, J.R.   6
Hardwick   98   Smith W.D.   15
Harrell   36   Stewart   8
Harrison   119   Talley   28
Harvin   48   Taylor   52
Haskins   5   Thompson   113
Hayes   79   Toole   84
Herbkersman   95   Townsend   97
Hines, J.   109   Tripp   11
Hines, M.   51   Umphlett   68
Hinson   71   Vaughn   4
Hiott   44   Vick   77
Hosey   76   Viers   105
Howard   65   Walker   18
Huggins   86   Weeks   115

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Jefferson   72   Whipper   39
Jennings   78   White   106
Kennedy   49   Whitmire   117
Kirsh   27   Wilkins   118
Leach   2   Witherspoon   99
Lee   25   Young   47

Rep. W.D. SMITH moved that the House recede until 3:00 p.m., which was adopted.

THE HOUSE RESUMES

At 3:00 p.m. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 3001--ADOPTED

The following was introduced:

H. 3001 (Word version) -- Reps. Wilkins, Chellis, W. D. Smith, Harrison, J. Brown, Townsend, Harrell, Witherspoon and Cato: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 2005 AND 2006 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 2005 and 2006 Sessions of the General Assembly:

"Rule 1

The Speaker

Speaker Pro Tempore

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


Printed Page 25 . . . . . Tuesday, November 30, 2004

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, and he may require the member raising a point of order to cite the rule or other authority in support of the question. With unanimous consent, a member may withdraw a point of order the member has raised. 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 may vote in all cases (except when he may be personally or pecuniarily interested). If 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 by the membership of the House.


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1.8   The Speaker Pro Tempore shall be elected on the opening day of the organizational session. The Speaker Pro Tempore shall preside in the absence of the Speaker. 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. The Chairman shall be elected by the respective committees during the organizational session. If any subsequent vacancy shall occur in a committee's chairmanship, the election of a new committee chairman shall take place at the time and date to be set by the presiding officer of the respective committee. The committees may at their discretion elect a Vice-Chairman and such other officers as they may choose.

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 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. This procedure shall be followed in the case of the resignation of any elected officer of the House.


Printed Page 27 . . . . . Tuesday, November 30, 2004

1.12   In case of emergency, the Speaker has the authority, when, in his opinion, it is impractical or dangerous to hold a regularly scheduled session(s) of the House of Representatives, to declare the body adjourned to some other time. Such actions are to be taken only in times of great emergency including, but not limited to, natural disasters, severe weather, and Acts of God.

When, due to great emergency or through inadvertence, the House is adjourned without provision for the next meeting, the Speaker may issue a call specifying the time for the next meeting.

Rule 2

Elected Officials

Clerk, Reading Clerk, Chaplain, and
Sergeant At Arms

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.

2.2   The Clerk of the preceding session shall, at the beginning of the organizational session of the House, 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 Speaker.

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


Printed Page 28 . . . . . Tuesday, November 30, 2004

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 Speaker, the signature of the Speaker being attested by the Clerk. The Clerk shall also attest to all writs and warrants 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.

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 ordering of a roll call vote, or upon a quorum call, the electronic roll call system is to be used following the procedure of Rule 7.3. When the electronic 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 electronic roll call, the electronic roll 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 electronic roll call, the electronic 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


Printed Page 29 . . . . . Tuesday, November 30, 2004

the Reading Clerk shall call the roll of the members as hereinabove specified.

Provided, however, in the case of a malfunction in the electronic 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 electronic roll 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.

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.

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 Sergeant at Arms may designate, subject to the approval of the Speaker, other staff members of the House to assist the Speaker and the Sergeant in performing such duties as they may direct, in accordance with Chapter 3 of Title 2, Code of Laws of South Carolina, 1976.

Rule 3

Members and Membership

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


Printed Page 30 . . . . . Tuesday, November 30, 2004

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 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 at all times when the House is in session. 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 shall confine himself to the question under consideration.

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 microphone until the Speaker has recognized that person.

3.7   No employee of the House shall personally interest or concern himself with the passage or consideration of any measure whatsoever. If any employee does so, it shall be grounds for summary dismissal. While within the House Chamber during session, no one may personally, or in an official or representative capacity, concern himself with the passage or consideration of any measure whatsoever,


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except sitting members of the General Assembly and House staff in the usual and ordinary performance of their duties as an employee of the House. The Speaker may require immediate removal from the House Chamber of any person, who violates the provisions of this rule.

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. 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 Speaker 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. The invocation of this rule may be rescinded by a majority vote of those present and voting.

3.10   As soon as practicable, after the House has been organized, the seats of the members shall be allotted as follows:


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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 must be allotted as follows:

Each member shall choose an office in the Blatt Building on the basis of their seniority in the House in accordance with a floor plan prepared by the House Operations and Management Committee with the consent of the Speaker. A member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. 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 do 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   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.

Rule 4

Committees

4.1   Committee appointments: see Rule 1.9.


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4.2   As soon as practicable after the members have been sworn in and have taken their seats, the following Standing Committees, except the House of Representatives Legislative Ethics Committee, and the House of Representatives Committee on Operations and Management, shall be appointed to serve until the next general election with the indicated number of members appointed thereto:

1.   Committee on Ways and Means - 25.

2.   Committee on the Judiciary (Privileges and Elections) - 25.

3.   Committee on Agriculture, Natural Resources and Environmental Affairs (Fish, Game, Forestry, State Parks, Rural Development, Environmental Affairs) - 18.

4.   Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) - 18.

5.   Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) - 18.

6.   Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) - 18.

7.   Committee on Rules - 15.

8.   Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) - 5.

9.   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.


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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 any one of the following Committees: Committee on Rules, Committee on Interstate Cooperation, Committee on Ethics, Committee on Invitations, or Committee on Operations and Management of the House of Representatives. The Speaker, Speaker Pro Tempore, and Clerk shall serve as ex officio members of the Committee on Operations and Management of the House of Representatives but no chairman of any other standing committee shall serve as a member of such committee.

Provided, that the members of the Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities), and the members of the House of Representatives Legislative Ethics Committee, shall be elected by the members of the South Carolina House of Representatives, their terms to be coterminous with their respective term of office.

Provided, that the Committee on Education and Public Works shall be deemed to be the Committee on Education, and the Committee on Medical, Military, Public and Municipal Affairs shall be deemed to be the Committee on Military Affairs and the Committee on Medical Affairs, in all cases where the statutes provide for the Chairman of these committees to perform ex officio duties.

Provided, that the Committee on Operations and Management of the House of Representatives with the consent of the Speaker may formulate such policies as it deems advisable relating to House personnel. Such policies shall be distributed to the members and must be adopted by majority vote of the House by House Resolution.

Provided, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing Standing Committees.

No member shall be appointed on a committee before he has been sworn in and has taken his seat. Any member who is sworn in after the general announcement of the committee shall, within a few days afterward, be placed by the Speaker on a Standing Committee whose


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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.

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 by the Speaker. Provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report its message to the House at any time.

No committee shall sit unless a quorum be present and all bills introduced by committees must carry the statement of the Chairman that the bill has the approval of two-thirds of the membership of the committee, except that the State Appropriations Bill, the Supplemental Appropriations Bill, a Rescission Bill, and the Deficiency Appropriations Bill may be introduced by a majority vote of the Ways and Means Committee.

No committee shall introduce a bill pertaining to subject matter over which it has no jurisdiction.

Notice in writing of all public hearings shall be given by Committee Chairmen to the Clerk of the House at least five calendar


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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 shall be taken on a bill or resolution except at a regular or called meeting, but this shall not apply to resolutions referred to the Committee on Invitations and Memorial Resolutions.

When any standing committee or subcommittee schedules a public hearing on a bill or resolution, the principal sponsor of such bill or resolution shall be notified of the time and place of such hearing not less than five calendar days prior to the hearing date.

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 a sponsor or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full committee or


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subcommittee which shall be no later than seven legislative working days thereafter. Provided, however, that a member may request consideration of a bill or resolution pursuant to this rule only one time per bill or resolution during a legislative session.

4.7   a.   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.

b.   When reporting a Senate bill as favorable, the committee may include in its report an amendment identical to the final version of any House bill that has been referred to that committee and passed by the House during the current two-year session. If the amendment is identical to a previously passed House bill, the amendment must be considered germane to the bill.

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, joint resolution, or concurrent resolution returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, joint resolution, or concurrent resolution as it passed the House. Such bill, joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the Calendar under the heading of second reading or concurrent resolution. If not amended, it shall be enrolled as an act and ratified. If said bill, joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment.

4.9   In all cases the House may resolve itself into a Committee of the Whole. The motion to resolve the House into a Committee of the Whole shall specify the subject(s) to be considered in the Committee of the Whole. In the event the House resolves itself into a Committee of the Whole, the Committee of the Whole shall limit discussion to the subject(s) specified in the motion. The Speaker shall leave the Chair after appointing a Chairman to preside, who shall, in case of disturbance or disorderly conduct, have the power to cause same to be cleared. No bill or resolution may be considered by the Committee of


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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'.

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 to any individual or group to address the House or the Joint Assembly unless such person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the State or such individual or group will present an artistic performance during the established hours of meeting.

Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its Committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted during the week anticipated for the debate of the State Appropriations Bill.

4.14   No member of a committee shall be allowed under any circumstances to vote by proxy.


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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, or originates therein, and agreed to by two-thirds of the members of the House present after the committee has made its report. Provided, that any rule may be amended by a simple majority of the House during the month of January of each year.

4.16   a.   The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:

(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;

(3)   upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the Committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.

b.   All papers, documents, and proceedings relating to conduct or disciplinary action against members are confidential and must be handled in the manner prescribed in Section 8-13-540 of the 1976 Code unless made public by the Committee in a report to 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


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two-thirds vote of the membership present and voting, a quorum being present.

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'.

Rule 5

Bills, Resolutions, and Reports

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.


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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. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.

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 is 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


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portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this rule is 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   General Appropriations Bill and Supplemental Appropriations Bill

A.     Certificate: Every General Appropriations Bill and Supplemental Appropriations Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided for is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided for in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and an Appropriations Bill without such certificate shall not be read the first time in the House, but shall be returned to the Committee on Ways and Means by the Speaker. After passage on second reading and before its consideration on third reading, every General Appropriations Bill, and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and if the Budget Division cannot give such certificate, the Speaker shall order the bill recommitted to the Ways and Means Committee.

B.   Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills may include both temporary and permanent provisions of law. The substantial effect of all temporary provisions of law and amendments thereto must be directly germane to the appropriation of funds, affecting revenue, or be rules, regulations, directives, or procedures relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the bill. The substantial effect of all permanent provisions of law and amendments thereto must be directly related to and expressly germane


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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 five 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 specific 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.

C.   Report of Conference of Committee: The following requirement applies to the report of the Conference Committee on the Annual Appropriations Bill: Any provision offered for inclusion in the Annual Appropriations Bill which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements.

D.     Format of Appropriations Bill: All State Appropriations Bills must be printed at the following stages in their passage so that:

1.   The House Ways and Means Committee version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee.

2.   The House version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee and the amounts passed by the House.

3.   The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, and the amounts agreed upon by the Conference Committee.


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4.   The Appropriations Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund.

5.   Provided, further, that:

a.   the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart;

b.   minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation;

c.   where the major portion of the operating funds to any department, institution, or principal operational division thereof is derived from Federal or other nonappropriated funds, the total appropriation for each major budget classification may be shown, and the relative contributions of State and nonappropriated funds therefor shall be shown as completely as possible; and

d.   the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.

E.   Any bill or resolution considered by the House of Representatives, upon second reading, that raises revenue must conform to the provisions of Article III, Section 15 of the South Carolina Constitution.

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 relates 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 agrees, without debate, to dispense with reference.

5.7   Upon the second reading of a bill, after all amendments and 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


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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 committee report shall be amended so as to conform to this rule before the bill or joint resolution is considered by the House. This shall be the responsibility of the committee chairman.

5.10   No local bill or joint resolution shall receive a second reading unless its number and title shall have been printed in the House Calendar at least one day prior to such reading. Provided, that no statewide bill or joint resolution shall receive a second reading unless its number and title shall have been printed in the House Calendar at least one statewide legislative day prior to such reading unless said bill or resolution has been set for Special Order consideration as provided for by Rule 6.3(14)(b). Provided, further, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to second reading.


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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   No statewide bill or joint resolution, except an appropriations bill, general, supplemental, 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 second year of a two-year legislative session 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 joint resolution from being received, given first reading, and referred to the appropriate committee. No such bill or joint 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 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 effecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the appropriate state official or office as may appear appropriate regarding the bill's effect on the finances of the State. Each committee amendment that substantially changes a bill effecting expenditures of money by the State, prior to the bill receiving second reading, shall have attached to the committee amendment such comment of the appropriate state official or office as may appear appropriate regarding the committee amendment's 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 these requirements of a fiscal impact statement prior to the bill receiving second reading.


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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.

5.15   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 division vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived.

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. Provided, however, a House or Concurrent Resolution concerning Sine Die Adjournment under Article III, Section 21 of the South Carolina Constitution and Section 2-1-180 of the Code of Laws of South Carolina, 1976, shall receive immediate consideration, which shall include the motion to commit or recommit.

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 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


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event, the resolutions must be approved by the committee or if the committee recommends, by the House.

5.17   (A)   Upon the consideration of any statewide uncontested bill or joint resolution, an objection or request for debate by five (5) members at any time prevents the consideration of the statewide bill or resolution and it then must be placed upon the statewide contested Calendar and remain on it until one (1) or more objections or requests for debate are formally withdrawn from the floor, and if there are not further objections or requests for debate entered at that time so that the total number of outstanding cumulative objections or requests for debate is less than five (5) or more, the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that statewide day for that bill or resolution.

(B)   Upon the consideration of any local uncontested bill or joint resolution, an objection or request for debate by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested Calendar and remain on it until one (1) or more objections or requests for debate are formally withdrawn from the floor, and if there are not further objections or requests for debate entered at that time so that the total number of outstanding objections or requests for debate is less than three (3), the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution.

5.18   If any bill or resolution shall be recommitted to a committee or referred to 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. No member shall speak more than twice upon an amendment or a motion to reconsider that is debatable and then not longer than ten minutes


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each time. However, if the previous question has been invoked, no member may speak more than twice on a motion to reconsider that is debatable and then not longer than the amount of time remaining for debate of the underlying motion; provided, that proposed amendments announced and introduced by the Reading Clerk shall be considered prior to a member speaking on the bill. No member shall speak more than twice on Senate amendments to a House bill and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. The House may, however, by consent of a majority of the members present and voting suspend the operation of this rule during any debate on any particular question before the House.

b.   Subsection (a) of this rule shall be applicable on a section-by-section basis on debate upon the General Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.

c.   The question of granting Free Conference Powers shall require an affirmative vote of two-thirds of the membership of the House and is not debatable. No member shall speak more than twice on the question of adoption of a Conference or Free Conference Report and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting. Furthermore, the question of adoption of a Conference or Free Conference Report is subject to the provisions of Rule 8.6.

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.


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Rule 6

Daily Order of Business and Calendar

6.1 a.   The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first three weeks of the first year of a legislative session, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held.

Provided, further, that unless ordered otherwise, the House shall consider only local uncontested matters on Friday of each week.

b.   The Speaker, in his sole discretion, is authorized to call the House of Representatives into statewide session for the exclusive purpose of the introduction and referral of bills and receipt and reading of communications and committee reports and to adjourn immediately thereafter with no roll to be taken. Any such action by the Speaker shall provide the specific date of the statewide session and shall provide that the House of Representatives must convene at 10:00 a.m. and adjourn not later than 10:30 a.m. on these days.

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   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;


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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 and requests for debate;

10.   consideration of pending motions to reconsider;

11.   a.   consideration of unanimous consent requests;

b.   consideration of vetoes;

c.   consideration of Senate amendments;

d.   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;


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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 appropriations bills and local bills by majority vote of the House. Special orders 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 period.

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.


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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.

Rule 7

Voting

7.1   If, upon a question by acclamation, the Speaker doubts, or a division be called for, the House shall proceed with a division vote by voting on the electronic roll call board. If the electronic roll call board malfunctions, the Speaker shall proceed to call the division vote by voice vote. When division votes are made by use of the electronic roll call equipment, no individual votes shall be recorded. The Speaker shall state: 'The pending question is ........ (designating the matter to be


Printed Page 54 . . . . . Tuesday, November 30, 2004

voted upon)'. The Speaker shall then unlock the voting machine and announce that voting will proceed. He shall then sound the bell. Thirty seconds after the 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 tabulate the vote on the electronic roll call board. The Speaker shall then announce the result of the vote.

7.2   Upon any question, at the request of any ten members who may signify their requests by raising their hands, the yeas and nays shall be ordered; whereupon, the electronic 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 electronic 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: 'Roll call vote. Voting on the board'. He shall then sound the bell. 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 bell has been sounded, the Speaker shall ask the question: 'Have all members present voted?' After a pause, the Speaker shall then lock the machine and instruct the Clerk to tabulate the vote on the electronic roll call board. The Speaker shall then 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 wilfully tampers with or attempts to disarrange, deface, impair, or destroy in any manner whatsoever the electronic voting equipment or who destroys or changes the record of votes thereon shall be punished in such manner as the House determines.


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Provided, however, the minimum penalty for violation of Rule 7.3 shall be a public reprimand.

g.   The Speaker Pro Tempore or a member who has been appointed by the Speaker to preside may designate another member to cast his vote on any question while he is presiding in accordance with his instructions from the Chair.

h.   A member recorded as voting while absent from the Chamber shall present to the presiding officer an affidavit attesting to this fact. Any member may also report to the presiding officer his knowledge that another member was recorded as voting while absent from the Chamber. If the affidavit of the member whose vote is in question is presented within forty-eight hours of the vote, the presiding officer shall adjust the vote totals to reflect the affidavit and order action on the question in accordance with the adjusted vote total. If the member filing the affidavit or any other member has knowledge of the identity of the person who voted for him while absent, he shall present this information to the presiding officer who shall refer it to the Ethics Committee for consideration of any recommendation of punishment in accordance with this rule.

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

7.4   If the electronic roll call machine is declared by the Speaker of the House to be inoperative, the 'Yeas' and 'Nays' shall be taken by the Reading Clerk calling each member's name in alphabetical order and each member responding by answering simply: 'Yea' or 'Nay'. Each member who may be in the House when called may give his vote.

Provided, further, that when the electronic 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.


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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 said explanation with the Clerk, it shall be entered in the Journal.

7.7   When the pending question is the passage of any bill or resolution on the contested Calendar on second reading, the yeas and nays shall be taken by roll call and the votes thereon shall be recorded in the Journal.

Rule 8

Motions and Their Precedence

8.1   No motion shall be debated until it shall have been stated by the Speaker. Any motion, if requested by the Speaker, must 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, except after a demand for the yeas and nays and except after the previous question has been ordered.

8.3   No dilatory motion or amendment 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 Committees on Rules, Conference, Free Conference, or Invitations;

3.   a question of order;

4.   a question of privilege;


Printed Page 57 . . . . . Tuesday, November 30, 2004

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. Provided, further, the five first named may suspend even a speech; provided, that the fifth, if once negatived, shall not be received during the same speech without the consent 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 herein:

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 when a member has the floor at the time the motion is made);

5.   to adjourn the debate to a certain day;

6.   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:


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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 unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents 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 opponents 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, the time being equally divided between opponents and proponents with no person to speak more than ten minutes. Provided, that after the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it.

Provided, the previous question may be invoked on a motion to reconsider only when the matter to be reconsidered is debatable.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, 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.

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. The Speaker may at anytime order the House to stand at ease to be reconvened at the call of the Chair.

8.8   (Reserved)

8.9   When a motion is made during a motion period, the Speaker shall entertain but one motion at a time and there shall be no substitute motions considered. The same motion may be entertained consecutively during the motion period.

8.10   Any member may without debate, call for the division of a question and the House may divide the question if the Speaker determines the question so distinct that, one being taken away, the rest


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may stand entirely on its own. Provided, however, that a bill may not be divided into separate parts.

8.11   a.   The following motions shall be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:

to adjourn;

to recede;

to continue;

to lay on the table;

for the previous question (unless it is made when a member

has the floor and then it requires a majority plus five);

to adjourn debate;

to commit or recommit;

to resolve the House into a Committee of the Whole;

to proceed to the orders of the day;

to recur to the morning hour;

to fix the hour to which the House shall next meet;

to grant free conference powers;

to divide the question.

b.   The following motions shall not be permitted at the same stage of the bill or proposition until one hour of time has elapsed since the same question was negatived:

for the previous question;

to lay on the table;

to adjourn debate;

to continue;

to commit or recommit;

to recur to the morning hour.

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 yeas and nays or in voting viva voce or in balloting. However, if a motion to adjourn or to take a recess has 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   (Reserved)


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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, 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 6.3. 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.

Provided, that a motion to reconsider shall not be allowed if the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall have gone out of the possession of the House.

A motion to reconsider may be laid on the table. 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, but not to a specific date in the next session; and if the House agrees thereto, the matter shall be thereupon continued to the next session, 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. 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.

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 taken up in its original place on the Calendar.


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Rule 9

Amendments

9.1   A bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such bill as amended shall be printed, placed on the House Calendar, and shall not be considered until its number and title shall have been printed in the House Calendar for at least one statewide day prior to such reading. Provided, however, that this requirement shall not apply to local bills; nor shall this requirement apply to bills returned from the Senate with amendments during any extension of the session under Section 2-1-180 of the Code of Laws of South Carolina, 1976, or to bills returned from the Senate with amendments during an extra session pursuant to Article IV, Section 19 of the South Carolina Constitution.

The consideration of amendments shall have precedence over a motion to either concur or nonconcur in the Senate amendments. Once the matter is amended and all pending amendments are considered, then said bill is returned to the Senate for consideration.

If no amendments have been adopted by the House then the question shall be: 'Will the House agree to the Senate amendment?' A decision in the negative shall be a rejection. Upon a decision in the affirmative, the title of the bill shall be changed to an act 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 appropriations bill, as may be pertinent to the bill. The chairman of any committee may (if he has given notice at the second reading of his intention to offer amendments at the third) be permitted to offer technical amendments to any bill which has been reported from his committee; and

Provided, that the House may, in its discretion, commit or recommit any bill at its third reading and after the report of the committee any amendment which it shall recommend may be adopted.

9.3   No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless


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it refers to the intent of the motion or proposition under consideration. Provided, that nothing in this rule shall prevent a committee from amending and favorably reporting a Senate bill with an amendment identical to the final version of a House bill that was referred to that committee and passed by the House during the current two-year session. Provided, further, 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. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion.

9.5   Proposed amendments to any matter before the House shall be initially considered in the order in which received.

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.

Rule 10

Miscellaneous

10.1   Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.

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 resolution of the


Printed Page 63 . . . . . Tuesday, November 30, 2004

House; provided, however, that employees of legislative caucuses, legislative delegations, the Senate, state agencies, and other branches of state government that are authorized admittance must remain behind the rail in the back of the Chamber at all times when the House is in session; provided, no seat in the House shall be occupied by anyone 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.

Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is re-elected to either House of the General Assembly after the conviction of the crime referred to in this paragraph.

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.


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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 present and voting 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 invitations received shall be referred to the Committee on Invitations and Memorial Resolutions and the five House members on the Committee on Invitations and Memorial Resolutions shall have the duty of recommending to the House which invitations should be accepted.

10.5   Each member of the House shall be entitled to appoint one individual 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 for males and dress, skirt or slacks and blouse, or pants suits for females. This provision shall be enforced by the Speaker.


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

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.

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. 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.

10.9   Special presentations to honor individuals, groups, or teams must be limited to five minutes. A House resolution authorizing such special presentations shall provide for the allotted time and date for the presentation. This rule does not apply to a concurrent resolution.

10.10   The use of audible pagers, cell phones, and any other personal communication device by any person is prohibited in the House Chamber when the House is in session and when the General Assembly is meeting in Joint Session. The use of these devices by any person is also prohibited in House committee meetings and subcommittee meetings. These devices must be turned off, or placed in a silent mode, such as vibrate, prior to being carried into the House Chamber, committee meetings, or subcommittee meetings. Should a device which has been placed in a silent mode activate in the Chamber, a committee meeting, or subcommittee meeting the person possessing the device must exit the Chamber, committee room, or subcommittee room prior to responding in any fashion."

The Resolution was adopted.


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ELECTION OF OPERATIONS
AND MANAGEMENT COMMITTEE

The SPEAKER announced that nominations were in order for seven members of the House Operations and Management Committee.

The following names were placed in nomination:
Reps. MACK, VAUGHN, LITTLEJOHN, RICE, RHOAD, MARTIN and BAILEY.

On motion of Rep. W.D. SMITH, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. MACK, VAUGHN, LITTLEJOHN, RICE, RHOAD, MARTIN and BAILEY were duly elected for the term prescribed by law.

ELECTION OF HOUSE ETHICS COMMITTEE

The SPEAKER announced that nominations were in order for six members of the House Ethics Committee.

The following names were placed in nomination: J.R. SMITH, M.A. PITTS, SANDIFER, HINSON, CEIPS and SCOTT.

On motion of Rep. W.D. SMITH, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. J.R. SMITH, M.A. PITTS, SANDIFER, HINSON, CEIPS and SCOTT were duly elected for the term prescribed by law.

INVITATIONS

On motion of Rep. LEACH, with unanimous consent, the following invitations were taken up for immediate consideration and accepted:

March 17, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 67 . . . . . Tuesday, November 30, 2004

Dear Chairman Leach:

On behalf of the South Carolina Bankers Association the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, January 11, 2005, from 6:00 p.m. until 8:00 p.m. at the Adam's Mark Hotel.

Sincerely,
E. Anne Gillespie
Senior Vice President

November 24, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Mayor of Columbia and Members of Columbia City Council the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, January 12, 2005, from 5:30 p.m. until 7:30 p.m. at the Columbia Metropolitan Convention Center.

Sincerely,
Charles P. Austin, Sr.
City Manager

November 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the American Cancer Society the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, January 12, 2005, from 8:00 a.m. to 10:00 a.m. in Room 221 of the Blatt Building.


Printed Page 68 . . . . . Tuesday, November 30, 2004

Sincerely,
Lisa P. Turner
Public Policy Initiatives Manager

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Broadcasters Association the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, January 13, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Shani White
Executive Director

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Clarion Town House Hotel, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, January 12, 2005, from 7:00 p.m. until 9:00 p.m. at the Clarion Town House Hotel.

Sincerely,
Dee Simons
Director of Sales

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 69 . . . . . Tuesday, November 30, 2004

Dear Chairman Leach:

On behalf of the South Carolina Telephone Association the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, January 18, 2005, from 5:30 p.m. until 8:00 p.m. at the Columbia Museum of Art.

Sincerely,
J. D. Pate
Executive Director

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Nurse Anesthetists the Members of the House of Representatives and their staff are invited to a breakfast. This event will be held on Wednesday, January 19, 2005, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.

Sincerely,
Wanda Walker
S.C.A.N.A. President

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Association of Realtors the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on the State House grounds on Wednesday, January 19, 2005, from 11:00 a.m. to 1:00 p.m.

Sincerely,
Jordan Pate


Printed Page 70 . . . . . Tuesday, November 30, 2004

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of Reach Out and Read South Carolina the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, January 20, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.

Sincerely,
Callee Boulware, State Coordinator

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Chamber of Commerce the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, January 25, 2005, from 6:00 p.m. until 8:00 p.m. at the Columbia Metropolitan Convention Center.

Sincerely,
S. Hunter Howard, Jr.
President & CEO

November 4, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the National Cosmetology Association of South Carolina the Members of the House of Representatives are invited to a


Printed Page 71 . . . . . Tuesday, November 30, 2004

breakfast. This event will be held in Room 221 of the Blatt Building on Thursday, January 26, 2005, from 8:00 a.m. until 10:00 a.m.

Sincerely,
Tami Floyd-Fogleman
NCASC President

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Baptist Convention the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 26, 2005, at 12:00 noon on the State House grounds.

Sincerely,
Joseph A. Mack, Director
Christian Life Concerns

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the South Carolina Manufacturers Alliance the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, January 27, 2005, beginning at 8:00 a.m. at the Clarion Town House Hotel.

Sincerely,
Lewis F. Gossett
President


Printed Page 72 . . . . . Tuesday, November 30, 2004

November 25, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Leach:

On behalf of the Harry R. E. Hampton Memorial Wildlife Fund and the South Carolina Chapter of the National Wild Turkey Federation the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, January 19, 2005, from 6:00 p.m. until 8:30 p.m. at the State Museum.

Sincerely,
Cary D. Chamblee
Assoc. Director, SC Dept. of Natural Resources

SPECIAL PRESENTATION

The SPEAKER made a statement regarding the service and retirement of the Clerk of the House as follows:
"Organizational Session is always a happy occasion in the South Carolina House.
It's a time of renewal...old friends coming together...drawing strength and confidence from the bonds that have united us.
It also marks a time of fresh beginnings...with our new members excited and enthusiastic about this new adventure.
But as we look ahead...those of us who've been here for a while...understand we're entering unchartered waters...
For this next session beginning in January...will be the first one in 16 years...that we will serve without our beloved Clerk...Sandy McKinney.
Sandy has decided to retire from the position she served so well...
And in doing so...she takes with her the appreciation ...gratitude...and deep respect of this entire body.
A decade ago...it was Sandy McKinney who faithfully and skillfully helped a brand new Speaker learn the ropes...
On a personal note let me say...Sandy...I couldn't have done it without you! Those first few months as Speaker were challenging to say the least. You were always there...advising and encouraging me...And for that I will always be indebted to you!


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An employee of this House for 34 years...Sandy has been a friend to generations of South Carolina's leaders...And her hard work...dedication...and complete commitment to non-partisan service has brought dignity and honor to this House through both highs and lows.
From completely organizing the 1998 Southern Legislative Conference in Charleston...that will certainly go down in history as one of the best legislative events ever held...To the momentous handling of the renovation of the State House...where Sandy 's elegant touch will be felt forevermore by all who visit this majestic building...
Sandy leaves a rich legacy of public service as she closes this chapter in her life and prepares to write the next exciting one...
It's been said: "You just don't luck into things as much as you'd like to think you do. You build step by step...whether its friendship or opportunities." Step by step...over the course of her distinguished career...Sandy McKinney has built a lifetime of loyal friendships while building a career in which she can be most proud."
Sandy: You have served our State with distinction.
That's why it is my privilege...on behalf of Governor Sanford...to award you with our State's highest honor: The Order of the Palmetto.
On behalf of all these members and your devoted staff: We wish you much love and God speed. You will be missed."

HOUSE STANDS AT EASE

The House stood at ease, subject to the call of the Chair.

THE HOUSE RESUMES

At 3:30 p.m. the House resumed, the SPEAKER in the Chair.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. WILKINS moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.

MOTION ADOPTED

Rep. RICE moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 3:45 p.m., the House in accordance with the motion of Rep. RICE, adjourned to meet at 10:00 a.m. tomorrow.

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