H*3001 Session 111 (1995-1996)
H*3001 Resolution, By D.E. McTeer and Wilkins
A House Resolution to adopt the rules of the House of Representatives for the
1995 and 1996 sessions of the General Assembly.
12/06/94 House Introduced and adopted HJ-23
A HOUSE RESOLUTION
TO ADOPT THE RULES OF THE HOUSE OF
REPRESENTATIVES FOR THE 1995 AND 1996 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 1995 and 1996 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 Journal of the previous proceedings to be corrected, and if
a quorum be present, proceed to other business.
1.2 The Speaker shall preserve order and decorum, and, in case
of disturbance or disorderly conduct in the galleries, or in the
lobby, may cause the same to be cleared. Any person guilty of
contempt of the House may be ordered into custody by the House
and dealt with as it deems proper.
1.3 If any member, in speaking or otherwise, transgresses the
Rules of the House, the Speaker shall call him to order, or any
member may call such transgressions to the attention of the Speaker
who shall call the transgressor to order. If repeated cries of order
are ineffective, the Speaker may call a member by name, and if the
Speaker deems it necessary, he shall state the offense committed.
The member may be heard in his exculpation and shall withdraw,
and the House shall consider his punishment or any further
proceedings to be had.
1.4 The Speaker shall sign all acts, joint resolutions, memorials,
writs, warrants, and authorizations for payment or other papers
authorized by the House.
1.5 The Speaker shall decide all points of order, subject to an
appeal by any member. He may require the member raising a point
of order to cite the Rule or other authority in support of the
question. Upon appeal, no member shall speak more than once and
for no longer than twenty minutes each, except by permission of the
House.
1.6 The Speaker shall vote in all cases (except when he may be
personally or pecuniarily interested or shall be excused). If with his
vote the House be equally divided, the question shall be decided in
the negative. The presiding officer may give information or explain
any matter before the House; he may speak on points of order in
preference to other members, and as often as he may deem
necessary, but he shall not enter into any debate or endeavor to
influence any question before the House while presiding.
1.7 The Speaker shall be elected on the opening day of the
organizational session or as soon thereafter as may be practical by
the membership of the House.
1.8 The Speaker Pro Tempore shall be elected either on the
opening day of the organizational session or as soon thereafter as
may be practical. The Speaker Pro Tempore shall preside in the
absence of the Speaker. Provided, the Speaker or the Speaker Pro
Tempore, whoever may be presiding at the time, may name a
member to preside, but such substitution shall not extend beyond an
adjournment. In the absence of the Speaker and the Speaker Pro
Tempore for more than one day, the House may elect a Speaker Pro
Tempore to serve until the return of the Speaker or Speaker Pro
Tempore. When the Speaker Pro Tempore is absent for more than
three consecutive statewide legislative days, the House of
Representatives may elect an acting Speaker Pro Tempore who shall
serve until the return of the Speaker Pro Tempore. The acting
Speaker Pro Tempore may continue to serve on any committee to
which he has been appointed.
1.9 All committees shall be appointed by the Speaker, unless
otherwise provided for by law, except Senatorial and Gubernatorial
appointees and ex officio members of the House. The Speaker shall
name the members constituting each committee in alphabetical
order, and the Chairman shall be elected by the several committees.
The committee may at its discretion elect a Vice Chairman and
such other officers as it may choose.
1.10 The Speaker is responsible that all amendments ordered
by the House be correctly made and that the attention of the House
be called to all amendments made by the Senate since the matter
was before the House. All Senate amendments to matters
previously considered by the House and all House amendments to
matters previously considered by the Senate shall, after adoption, be
printed by use of distinctive type interlineation in such a manner as
to reflect in one text the original version and the language of the
amendment.
1.11 If the Speaker or Speaker Pro Tempore resigns from such
position, he shall submit his resignation to the Clerk of the House
in writing. The question of acceptance of the resignation shall be
immediately considered by the House or if the House is not in
statewide session at its next statewide day of session. The question
of acceptance shall not be debatable and shall be decided by
majority vote of the members present and voting, a quorum being
present. This procedure shall be followed in the case of the
resignation of any elected officer of the House.
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 or as soon thereafter as
may be practical.
2.2 The Clerk of the preceding session shall, at the beginning of
the organizational session of the Legislature, call the members to
order, proceed to call the roll of members in alphabetical order, and
pending election of a Speaker, Speaker Pro Tempore or temporary
officers, preserve order and decorum, and decide all questions of
order subject to appeal by any member. The duties of this section
may be delegated by the Clerk to any member of the House.
2.3 The Clerk shall cause to be kept a correct Journal of the
proceedings of the House, and this Journal shall be numbered
serially from the first day of each session of the Legislature. He
shall not permit any books or papers belonging to the House to be
taken out of his custody other than in the regular course of business
and then upon receipt when he deems necessary. He shall report
any missing papers to the Speakers.
2.4 The Clerk of the House shall cause to be prepared and laid
on the desks of the members, every morning, an itinerary of the
day's business, to be called the Calendar. This Calendar shall
include the orders of the preceding day and all continued matters
arranged according to priority, and numbered from the
commencement of the session, every matter being introduced and
newly numbered after every new order upon it.
2.5 The Clerk shall assist, under the direction of the Speaker, in
taking roll call or division votes.
2.6 The Clerk shall issue all pay certificates for per diem and
mileage and incidental expenses upon the order of the House or of
the Speaker, the signature of the Speaker being attested by the
Clerk. He shall also attest to all writs and warrants issued by order
of the House, and to the passage of all bills, resolutions and
memorials.
2.7 The Clerk shall prepare in writing, present to the Speaker
for his signature, and send all messages to the Senate and elsewhere
as ordered by the House.
2.8 The Clerk shall also be charged with the duty of having
executed, in a prompt and accurate manner, all the printing required
by the Rules or orders of the House.
2.9 The Reading Clerk shall be elected by the membership of
the House for a term of two years. This election will take place on
the opening day of the organizational session or as soon thereafter
as may be practical.
2.10 The Reading Clerk shall read all papers to be read at the
desk, which the Speaker may direct him to read and shall assist in
taking any roll call votes at the Speaker's direction. Upon 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 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 or as soon thereafter as
may be practical.
2.12 The Chaplain shall provide spiritual guidance for the
membership of the House.
2.13 The Sergeant at Arms shall be elected by the membership
of the House for a term of two years and shall be under the direct
supervision of the Speaker of the House. This election will take
place on the opening day of the organizational session or as soon
thereafter as may be practical.
2.14 The Sergeant at Arms shall assist the Speaker in
maintaining order and decorum.
2.15 The duties of the Sergeant at Arms, shall be as provided
for in Chapter 3 of Title 2, Code of Laws of South Carolina, 1976,
as amended.
2.16 The 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 question immediately concerning his private rights as
distinct from the public interest.
3.2 The Speaker may excuse any member from attendance on
the House and its committees for any stated period upon reason
shown, and such excused absence shall be transmitted to the
member in writing and noted in the Journal.
3.3 Any member absenting himself from attendance on the
House or its committees and having in his possession any original
papers relating to the business before the House, shall leave such
original papers with the Clerk before departing from the Capitol.
3.4 Any member who enters after the roll call at the opening of
the daily session and notifies the Clerk in writing shall thereafter be
shown as present for such day. Provided, that no person except
those recorded present shall be eligible for subsistence for that day.
3.5 In cases of contest for a seat in the House, notice setting
forth the grounds of such contest shall be given by the contestant to
the House within three calendar days after the House first convenes,
and in such case, the contest shall be determined by majority vote
as speedily as reasonably possible.
3.6 When the House is called to order, every member shall take
his seat and shall act with decorum. If a member shall be called to
order while speaking, he shall immediately take his seat until the
question of order be decided, unless allowed to proceed upon
explanation. If the decision be in favor of the member, he shall
proceed; if otherwise, he shall not proceed without leave of the
House; and if the case requires it, he shall be liable to such other
proceedings as the House may take. Every member, when about to
speak, shall rise from his seat and respectfully address himself to
`Mr. Speaker' and shall avoid disrespect to the House or the Senate,
and all personalities; observe decency of speech; and he shall
confine himself to the question under consideration, be such
question an amendment, a Bill, or Resolution.
The Speaker, when duly addressed by a member, shall hear from
the member who, in the Speaker's opinion, shall arise first, by
identifying the member. The Reading Clerk shall not turn on any
member's microphone until the Speaker has recognized that person.
3.7 No employee or attache of the House shall, directly or
indirectly, interest or concern himself with the passage or
consideration of any measure whatsoever. If any employee or
attache so interests or concerns himself with any measure, it shall
be grounds for summary dismissal.
3.8 No member shall speak more than twice on the same
question without leave of the House, except merely to explain his
meaning, even if the debate on the question should be continued for
many days. In the case of a matter requiring more than one reading,
this limitation applies separately to each reading, provided,
however, notwithstanding that a matter may move from the
uncontested to contested calendar or vice versa within the same
reading, the limitation applies to the entire reading. If a member
has the floor and is addressing the body, he shall not lose the floor
by asking a question of any member of the body.
3.9 If any member shall be absent without leave and a quorum
is not present, the Speaker shall instruct the Sergeant at Arms or
appoint other authorized persons to send for such member or
members and take them into custody. The outer doors to the
Chamber shall be closed. The Speaker shall order that security
personnel shall be posted at the outer doors of the Chamber and no
member shall be permitted to leave the second floor of the State
House without written leave of the Speaker. The Speaker may also
order that security personnel be posted at all entrances to the State
House to prevent members from leaving without authorization. An
absent member who is taken into custody after the invocation of
this rule shall pay for all reasonable expenses incurred, which shall
include mileage at the prevailing rate for state employees and a ten
dollar custody fee. In addition, such absent member who is taken
into custody shall forfeit his entitlement to subsistence and mileage
for that legislative day and shall be subject to any additional
penalties the House deems necessary. Should a quorum be present
and ten members request, such absent member or members shall be
sent for as herein provided and subjected to the same penalties.
The Speaker shall strictly enforce the provisions of this rule.
Provided, however, in the case of a member not being present when
Rule 3.9 is invoked and such member voluntarily returns without
being taken into custody, he shall not be subject to the penalties of
this section.
3.10 As soon as practicable, after the House has been
organized, the seats of the members shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its
name printed on it. These shall be put in a closed box. The
Speaker shall then direct a person or persons to draw them out, one
by one. As each ballot is drawn, the delegation from that county
shall select their seats, in accordance with the county in which the
member resides. In the event a member's district consists of more
than one county, the member may elect to be seated with the
delegation the member desires, provided the member indicates the
preference to the Clerk of the House prior to balloting. No
delegation may select more than one seat on the main aisle.
3.11 As soon as practicable, after the House has been
organized, office space of members shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its
name printed thereon. Ballots shall be placed in a closed box and
the Speaker shall then direct a person or persons to draw them out
one by one. After each ballot is drawn, the members from that
county shall select their office space in accordance with the county
in which the member resides based on a floor plan prepared by the
House Operations and Management Committee. In the event a
member's district consists of more than one county or parts of more
than one county, or represents a county with only one district, the
member concerned may select office space with or adjoining the
delegation the member desires provided the member indicates his
preference to the House Operations and Management Committee
prior to balloting and, providing that space in the area selected by a
particular county is available, provided, however, in order to
contain the cost of office relocation, a member who has served in
the immediately preceding session shall have first preference on
retention of his previously assigned office. This preference must be
stated before ballots for offices are drawn. If such reelected
member does not express a preference for his old office, he must
ballot by county for his office in the manner above specified. The
House Operations and Management Committee is authorized to
make necessary adjustments in the assignment of office space with
the consent of the Speaker when available space cannot be
reasonably adjusted to conform with the county selections made
pursuant to this subsection.
The provisions of this rule shall not apply to office space for the
Speaker, Speaker Pro Tempore, Chairman of the Rules Committee,
Chairman of the Invitations and Memorial Resolutions Committee,
Chairman of the Interstate Cooperation Committee and Chairmen of
any other standing study committees or any other caucus having
assigned space in the Blatt Building.
RULE 4
COMMITTEES
4.1 Committee appointments: see Rule 1.9.
4.2 As soon as practicable after the members have been sworn
in and have taken their seats, the following Standing Committees,
except the House of Representatives Legislative Ethics Committee,
shall be appointed to serve until the next general election with the
indicated number of members appointed thereto:
1. Committee on Ways and Means 25.
2. Committee on the Judiciary (Privileges and Elections)
25.
3. Committee on Agriculture, 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.
11. Committee on Operations and Management of the House
of Representatives (Advisory to the Speaker on personnel,
administration and management of facilities, including management
of the Blatt Building) 7.
Each member shall serve on one and only one of the first six
Standing Committees listed above. However, a member of these
Committees may also serve on one of the following Committees:
Committee on Rules, Committee on Interstate Cooperation,
Committee on Ethics, Committee on Invitations, or Committee on
Operations and Management of the House of Representatives. The
Speaker, Speaker Pro Tempore and Clerk shall serve as ex officio
members of the Committee on Operations and Management of the
House of Representatives but no chairman of any other standing
committee shall serve as a member of such committee.
Provided, that the members of the Standing Committee 11,
entitled Committee on Operations and Management of the House of
Representatives (advisory to the Speaker on personnel,
administration and management of facilities) 7, shall be elected by
the members of the South Carolina House of Representatives, their
terms to be coterminous with their respective term of office.
Provided, that the Committee on Education and Public Works
shall be deemed to be the Committee on Education, and the
Committee on Medical, Military, Public and Municipal Affairs shall
be deemed to be the Committee on Military Affairs and the
Committee on Medical Affairs, in all cases where the statutes
provide for the Chairman of these committees to perform ex officio
duties.
Provided, that the Committee on Operations and Management of
the House of Representatives may formulate such policies as it
deems advisable relating to House personnel. Such policies shall be
distributed to the members and must be adopted by majority vote of
the House by House Resolution.
No member shall be appointed on a committee before he has
been sworn in and has taken his seat. Any member who is sworn
in after the general announcement of the committee shall, within a
few days afterward, be placed by the Speaker on a Standing
Committee whose number of members will not thereby be extended
beyond the number provided in these Rules.
After a committee has been appointed, no addition to it or change
shall be made, except to fill a vacancy or to excuse a member.
Provided, that in filling a vacancy, the assignment of any
member may be changed from another committee to fill such
vacancy.
Provided, further, that except as herein provided neither the
Speaker nor Speaker Pro Tempore shall be a member of any of the
foregoing Standing Committees.
4.3 Unless otherwise ordered, committees shall have jurisdiction
only over matters pertaining to the subjects indicated by the names
of the respective committees, and to the subject matter indicated in
parenthesis following the names.
4.4 Committees shall meet regularly to consider pending
legislation in the room assigned for their use by the Speaker.
Notice of date, time and place of such meetings shall be posted on a
bulletin board provided for this purpose in the lobby. Whenever
feasible twenty-four hour advance notice shall be given for all
committee meetings. Such notice shall be mailed to the members
by the committee chairmen when the House is not in session.
Notice of regular and special meetings shall also be given by the
administrative assistants to each member of the committees and to
the Sergeant at Arms in the manner the committee deems proper.
Information as to subcommittee meetings shall be provided by the
administrative assistants to the Sergeant at Arms and shall be
available at the Sergeant at Arms' desk. Failure of notice of any
meeting shall not invalidate committee action unless bad faith is
shown. No committee shall meet while the House is in session
without special leave. If a Committee or a Subcommittee thereof
requests such special leave, the request shall be considered by the
House immediately, is not debatable and may be granted by a
majority vote of those members present and voting, provided,
however, that the Committee on Rules and any committee of
conference or free conference, may sit at any time and may report
at any time when a message might be received.
No committee shall sit unless a quorum be present and all bills
introduced by committees must carry the statement of the Chairman
that the bill has the approval of two-thirds of the membership of the
committee, except that the State Appropriations Bill and the
Deficiency Appropriations Bill may be introduced by a majority
vote of the Ways and Means Committee.
No committee shall introduce a bill pertaining to subject matter
over which it has no jurisdiction.
No bill, except a committee bill, shall be considered by the
House until one week after the date of its first reference to a
committee except those bills which have been prefiled in
accordance with Rule 5.1 and any bill which has been recalled by
the House. Notice in writing of all public hearings shall be given
by Committee Chairmen to the Clerk of the House at least five
calendar days prior to the date fixed for the hearing, such notice to
be published in the House Calendar. Notice in writing of all
committee action taken on a bill or resolution shall be given to the
principal author thereof.
No statewide bill directly appropriating money shall be
considered by the House until after such bill has been referred to
the Ways and Means Committee, provided, however, a statewide
bill which directly or by implication provides for per diem,
subsistence or mileage in connection with the subject matter of the
bill, but does not otherwise directly appropriate money, shall not be
required to be referred to the Ways and Means Committee.
After the House sets a bill for Special Order pursuant to Rule
6.3, no point of order may be raised regarding its reference to
committee, however, the House by majority vote may commit or
recommit a bill or other matter under debate.
No committee action may be taken on a bill or resolution except
at a regular or called meeting, but this shall not apply to resolutions
referred to the Committee on Invitations and Memorial Resolutions.
When any standing committee or subcommittee schedules a
public hearing on a bill or resolution, the principal sponsor of such
bill or resolution shall be notified of the time and place of such
hearing not less than five days prior to the hearing date.
4.5 All meetings of all committees shall be open to the public at
all times, subject always to the power and authority of the
Chairman to maintain order and decorum with the right to go into
Executive Session as provided for in the South Carolina Freedom of
Information Act, Title 30, Chapter 4 of the 1976 Code of Laws of
South Carolina, as amended.
No committee shall file a report unless the committee has met
formally at an authorized time and place, with a quorum present.
All standing committees of the House shall prepare and make
available for public inspection, in compliance with Section 30 4 90
of the 1976 Code of Laws of South Carolina, as amended, the -
minutes of full committee meetings. Such minutes need not be
verbatim accounts of such meetings but shall include those matters
required by the above mentioned Freedom of Information Act.
4.6 After twenty days from the date of reference, the Chairman
of the Committee in possession of a measure shall, upon written
request of an introducer or, in the case of a Senate measure, a
House member, set a time for consideration of the measure by the
full committee which shall be no later than seven legislative
working days thereafter.
4.7 Each report of a committee shall contain the action of the
committee on the bill or other measure being transmitted. Such
report shall certify the action by the committee and shall be signed
by an officer of the committee.
4.8 Any bill, report, petition or other paper except an
amendment which may come before the House, may be committed
or recommitted before a final decision thereon.
4.9 In all cases the House may resolve itself into a Committee
of the Whole House, and in such event the Speaker shall leave the
Chair after appointing a Chairman to preside, who shall, in case of
disturbance or disorderly conduct, have the power to cause same to
be cleared. No bill or resolution may be considered by the
Committee of the Whole House, except by a two-thirds vote, unless
same has first been considered by the appropriate Standing
Committee of the House.
4.10 The Committee of the Whole shall consist of the entire
body of members in attendance at the particular meeting of the
House. Such committee is a real committee in the parliamentary
sense. During the time that a meeting of the Committee of the
Whole is held, it is technically not `the assembly'. The
parliamentary steps in making use of a Committee of the Whole are
essentially the same as those involved in referring a subject to an
ordinary committee.
4.11 The Rules of the House so far as they are applicable, shall
be observed in a Committee of the Whole, the Chairman being
substituted for the Speaker.
4.12 No Committee of the Whole or other committee shall
deface or interline a bill or other paper, referred to it, but shall
report any amendments recommended on a separate paper, noting
the page and line.
4.13 No person shall be permitted to address the House, or the
Joint Assembly, except by written resolution, and such resolution
shall be referred to the Committee on Invitations and Memorial
Resolutions before being considered by the House. The Committee
shall not extend an invitation: (1) to any person or group to address
the House or the Joint Assembly or to appear unless such person or
group is of significant national or state prominence at the time the
invitation is extended and will bring a message of major importance
to the State or (2) to any individual or group for any artistic
performance during the established hours of meeting.
Any invitations extended to the House as a whole to attend any
functions shall be submitted to the Committee on Invitations and
Memorial Resolutions at least 10 days in advance in order that it
may determine what legislation or other pertinent matters may be
pending before the House and its Committees before the invitation
is accepted. The House shall accept no invitations to any functions
other than a breakfast or luncheon prior to 6:00 p.m. Pages are not
permitted to attend such functions. No invitations to functions for
the House as a whole will be accepted after the third Thursday in
May.
4.14 No member of a committee shall be allowed under any
circumstances to vote by proxy; however, pairing shall be allowed.
4.15 None of the House Rules shall be rescinded, suspended or
altered, except by written resolution which has been referred to the
Rules Committee, and agreed to by two-thirds of the members
present, after the committee has made its report. Provided, that any
rule may be amended by a simple majority until the last Thursday
in January, 1995.
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 for the disciplinary procedure for
attorneys in Rule 413, Section 20 of the South Carolina Appellate
Court Rules 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 two thirds vote of the membership present and voting, a
quorum being present.
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.
All bills received prior to the first day of the convening or
reconvening of the General Assembly shall receive first reading on
the first day of the session.
In those years in which all seats of the House are up for election,
no bill shall be received for prefiling between the dates of
adjournment sine die and the date of completion of the
Organizational Session of the House.
When the House of Representatives is not in session and bills are
being prefiled and assigned to committees, any member who wishes
to have their name added as a sponsor of a bill may do so by
notifying the Clerk of the House in writing. The Clerk shall then
notify the Chairman of the committee to which the bill has been
assigned and their name shall be added. If a member wishes to
sponsor a bill individually then they shall so indicate on the face of
the bill and no additional sponsors shall be allowed.
5.2 Every bill, before presentation, shall have its title endorsed;
every report, its title at length, every petition, memorial, or other
paper, its prayer or substance; and, in every instance, the name of
the member presenting any paper shall be endorsed, and the papers
shall be presented by the member to the Speaker at the desk. After
a bill or resolution has been presented and given first reading, no
further names of co-sponsors may be added.
And every bill or joint resolution which shall propose the
amendment or repeal of any Section, Chapter or Title of the
General Statutes or of any Act of Assembly or Joint Resolution,
shall, in its title express the subject matter of such Section, Chapter,
Title, Act or Joint Resolution, so sought to be amended or repealed.
If this be not complied with, the paper shall not be received by the
Speaker and objection may be raised by any member to such
improper introduction at any time prior to third reading that the bill
or resolution is being considered by the House.
Every bill or joint resolution proposing to amend any section or
clearly identifiable subdivision or portion of a section of any
chapter of the General Statutes, or of any Act of Assembly or joint
resolution, shall give the full text of the Section or clearly
identifiable subdivision or portion of a Section as it would read
with such amendment inserted therein. And if this latter clause of
this Rule be not complied with, the bill or Joint Resolution shall be
amended so as to conform to this Rule before it be considered by
the House. Any member may require such amendment at any time
a bill or resolution not in conformance herewith is being considered
by the House.
5.3 Every General 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.
The General Appropriations Bill and Supplemental Appropriations
Bills shall include only provisions for appropriating funds,
provisions affecting revenue, and rules, regulations, directives and
procedures relative thereto; and no provision of an Appropriations
Bill, and no amendment thereto, shall be in order unless its
substantial effect is directly germane to these purposes. No
provision shall be put in a permanent part of any such bill unless it
relates directly with an appropriation being made or revenue
provided therein for the fiscal year referred to in the bill. The
provisions of this paragraph shall be narrowly and strictly construed
with regard to all provisions of and amendments to the General
Appropriations Bill and Supplemental Appropriations Bills.
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 Comptroller General
cannot give such certificate, the Speaker shall order the Bill
recommitted to the Ways and Means Committee. After the report
of the Committee, any amendment which it shall recommend may
be adopted. 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.
All State Appropriations Bills must be printed at each stage in
their passage so that:
a. The House Ways and Means Committee version of the
Appropriations Bill must include the amounts recommended by the
Ways and Means Committee.
b. 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.
c. The Report of Conference or Free Conference Committee
must include the amounts passed by the House, the amounts passed
by the Senate, the amounts agreed upon by the Conference
Committee.
d. The Appropriations Act must include total funds approved
for the next fiscal year and a listing of appropriations from the
General Fund.
Provided, further, that the full salary of the principal officer of
each department, agency, or institution shall be set forth as an item
distinct and apart.
Provided, further, that minor budget classifications or other
descriptive terminology may be used when necessary to better
express the purpose of the appropriation.
Provided, further, that where the major portion of the operating
funds to any department, institution or principal operational division
thereof is derived from Federal or other nonappropriated funds, the
total appropriation for each major budget classification may be
shown and the relative contributions of State and nonappropriated
funds therefor shall be shown as completely as possible.
Provided, that the appropriations must be in conformity with the
program budget format as adopted by the Ways and Means
Committee.
Provided further, that 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 related only to local
matters concerning the county which such delegation represents.
5.6 Except as provided in subsection 5.1, the first reading of the
bill shall be by title only. No amendments shall then be in order
and the bill shall be referred to some committee, unless the House
unanimously agree, without debate, to dispense with reference.
5.7 Upon the second reading of a bill, after all amendments and
privileged motions have been disposed of, the question shall be the
passage of the bill. Upon a decision in the affirmative, the order
shall be made accordingly and the bill shall take its place on the
calendar for third reading.
5.8 At the third reading of a bill, the bill shall be read by its
title only.
If the bill originated in the House, the question then shall be the
passage of the bill. On a bill which originated in the Senate, if no
amendment has been made by the House, the question shall be the
passage of the bill and in the case of an affirmative vote the title
`Bill' shall be changed to an `Act' and the Act shall be enrolled for
ratification.
If the bill has been amended in the House the question shall be
the passage of the bill as amended and in the event of an
affirmative vote the bill as amended shall be returned to the Senate.
5.9 All bills and resolutions reported by a committee shall as a
matter of course, be printed, together with the report of a
committee. A bill or joint resolution shall be reprinted following its
second reading, if amended by the House, reflecting the substance
of the bill in its amended form. Every committee report which
amends the provisions of legislation referred to such committee
shall give the full text of the section or clearly identifiable
subdivision or portion of a section as it would read with such
amendment inserted therein. If this rule is not complied with, the
bill or joint resolution shall be amended so as to conform to this
Rule before it is considered by the House. This shall be the
responsibility of the committee chairman.
5.10 No bill or joint resolution shall receive a second reading
unless printed copies of the same shall have been laid on the desks
of members at least one day prior to such reading. Provided, no
General 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 each reading. Provided, further, that no
statewide bill or joint resolution shall receive a second reading
unless printed copies of the same shall have been laid on the desks
of members at least one statewide legislative day prior to such
reading.
5.11 Any bill, resolution, report or other paper which has been
under consideration, may, at the Speaker's discretion, be ordered to
be printed for distribution to the members.
5.12 That no statewide bill or resolution, except an
appropriations bill, general or deficiency, or a joint resolution
approving or disapproving regulations of a state agency shall be
considered unless (1) such legislation is introduced in the House
prior to April fifteenth of the year in which it is to be considered or
(2) such legislation shall have been introduced in the Senate and
received prior to May first in the House, unless in either event it
was introduced in the previous year and was carried over to the
year in which it is to be considered; provided, however, that
nothing herein shall prevent a statewide bill or resolution from
being received, given first reading and referred to the appropriate
committee. No such bill or resolution shall be placed on the
calendar for further consideration unless two-thirds of those
members present and voting agree to waive the rule. Once voted
on and rejected, no further vote shall be allowed to waive this rule.
The motion to waive this rule shall not be debatable except that
the mover shall have the right to make a three minute explanation
of his motion.
The provisions of this rule shall apply only to regular sessions of
the General Assembly as opposed to special sessions of the General
Assembly.
The Speaker or presiding officer shall enforce the deadlines
provided by this rule and shall not allow consideration without
putting the question of waiver before the House.
5.13 Each bill effecting the expenditures of money by the State
shall, prior to receiving second reading, have attached to it in
writing such comment of the State Auditor as may appear
appropriate regarding its effect on the finances of the State.
Provided, however, this rule shall not be invoked where the amount
is shown in the bill.
Committee chairmen shall satisfy this requirement prior to
reporting a bill out of committee.
5.14 The printing of any document required to be printed
under the Rules of the House may specifically be dispensed with by
two-thirds vote of the membership present and voting of the House,
a quorum being present; provided, such vote shall be by roll call
vote; provided, however, the printing of any bill which has not been
referred to committee shall not be waived.
5.15 No report of a Committee on Conference or Free
Conference except on local matters shall be considered until such
report has been printed in the Journal and explained by the
conferees on the floor of the House.
5.16 Should any member seek immediate consideration of any
House or Concurrent Resolution, the resolution shall receive
immediate consideration unless five members object. If immediate
consideration of such resolution is not sought, or in the event five
members do object where immediate consideration is sought, the
resolution shall be referred to an appropriate committee and shall
not be considered by the House until after the committee has made
its report and at that time shall take its place on the calendar.
A House or Concurrent Resolution sponsored by a committee
shall receive immediate consideration if so requested by a member
unless five members object in which case it shall take its place on
the calendar without the necessity of being referred to a committee.
Such resolution shall be printed in the same manner as is prescribed
in Rule 5.9 for the printing of bills.
Provided, however, the Clerk shall prepare forms for House
Resolutions expressing the sympathy or congratulations of the
members of the House. Any member wishing to sponsor such a
resolution shall forward in writing on a form prepared by the Clerk
information sufficient to prepare the resolution. The Clerk shall
prepare the resolution. The Speaker shall sign the resolution on
behalf of the membership. Such resolutions shall not be read to the
House or printed in the Journal except upon the request of ten
members. The Speaker may refer any such resolution to the
Committee on Invitations and Memorial Resolutions and, in such
event, the resolutions must be approved by the committee or if the
committee recommends, by the House.
5.17 (A) Upon the consideration of any statewide uncontested
bill or joint resolution an objection 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 are formally
withdrawn from the floor, and if there are not further objections
entered at that time bringing the total number of outstanding
objections to 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 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 are formally withdrawn from the floor, and
if there are not further objections entered at that time bringing the
total number of outstanding objections to three (3) or more, 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 or referred
to the same committee or another committee retaining its place on
the calendar, the same may be listed on the calendar by number
only until it is returned to the floor for debate or such action as
may be appropriate.
Any bill, resolution or report upon which debate has been
adjourned may be listed on the calendar by number only until the
date for consideration has been reached.
5.19 a. No member shall speak more than twice on the main
question of a bill or resolution being considered for any reading and
not longer than sixty minutes for the first speech nor longer than
thirty minutes for the second speech, unless allowed to do so by the
affirmative vote of a majority of the members present and voting;
nor shall he speak more than twice upon an amendment or a motion
to reconsider, and then not longer than ten minutes each time. The
House may, however, by consent of a majority of the members
present and voting suspend the operation of this rule during any
debate on any particular question before the House.
b. Subsection (a) of this rule shall be applicable on a section
by section basis on debate upon the General Appropriations Bill, the
Supplemental Appropriations Bill, or the bond bills but shall not
apply to bills on reapportionment.
5.20 Notwithstanding the provisions of any other House rule,
no House or Concurrent Resolution memorializing the Congress of
the United States, the President of the United States, or any state or
federal department, agency, or official shall receive immediate
consideration but shall be referred to the Committee on Invitations
and Memorial Resolutions and shall remain in such committee
unless three members of the committee vote to report the resolution
out of committee. No such resolution may be recalled from
committee.
RULE 6
DAILY ORDER OF BUSINESS AND
CALENDAR
6.1 The House shall meet each legislative day at 12:00 Noon
every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every
Thursday and Friday unless otherwise ordered by the House.
Provided, that by motion made at any time the House by majority
vote may fix the day and hour at which time the House shall next
meet (not to exceed constitutional limitations) and this shall be
decided without debate.
Provided, further, that during the first six weeks of the legislative
sessions, unless a majority of the House members present object the
House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of
insuring a time for committees to meet and hearings to be held.
This 2:15 p.m. adjournment on Tuesdays shall not apply when the
General Appropriations Bill is under consideration by the House.
Provided, further, that during the first six weeks of legislative
sessions, unless a majority of the House members present object, on
Wednesdays the House shall meet at 2:00 p.m. to provide time in
the morning hours for committees to meet and hearings to be held.
On Thursdays during the first six weeks the House shall meet at
10:00 a.m.
Provided, further, that unless a majority of the House members
object, the House shall recede at 1:00 p.m. for luncheon and
reconvene at 2:15 p.m. This proviso shall not apply when the
House is debating on Special Orders.
Provided, further, that unless ordered otherwise the House shall
consider only local uncontested matters on Friday of each week.
6.2 All questions as to priority of business, or as to the time
when any matters shall be considered or ordered for consideration
and as to a departure from the regular order of business shall be
decided without debate.
6.3 When the House shall not direct a different course, which, at
any time, in any particular not forbidden by these Rules, it may do,
the following order of business shall be enforced every day by the
Speaker, except that Special Orders as defined in subsection 14a of
this rule shall be considered at the time and place set.
1. a. Prayer;
b. Pledge of Allegiance to the flag of the United States of
America;
2. corrections to the Journal;
3. receipt of communications including messages from the
Senate;
4. reports of committees including Conference and Free
Conference;
5. First reading of House Resolutions, Concurrent Resolutions,
Committee Reports on Resolutions, Joint Resolutions, and Bills
upon the desk;
6. call of the roll of the House;
7. a. consideration of local uncontested bills and joint
resolutions on third reading;
b. consideration of local uncontested bills and joint
resolutions on second reading.
8. a. consideration of statewide uncontested bills and joint
resolutions on third reading;
b. consideration of statewide uncontested bills and joint
resolutions on second reading;
9. withdrawal of objections;
10. consideration of pending motions to reconsider;
11. a. consideration of unanimous consent requests;
b. consideration of local contested bills and joint
resolutions on third reading;
12. consideration of statewide contested bills and joint
resolutions on third reading in the order in which they appear on
the Calendar;
13. a. motion period;
b. consideration of local contested bills and joint
resolutions on second reading;
14. consideration of statewide contested bills and joint
resolutions on second reading in the order in which they appear on
the Calendar;
a. Notwithstanding the order of business set forth in Rule
6.3 a matter may be set for Special Order for consideration on a
particular day at a particular hour or at a particular place on the
Calendar.
b. Special orders may be set for appropriations bills and
local bills by majority vote of the House. Special order on all other
bills on the Calendar shall be set only by written resolution, which
has been referred to the Rules Committee or originates therein, and
agreed to by two-thirds of the members of that committee and
agreed to by majority of the members of the House present after the
committee has made its report; provided, however, that
notwithstanding the provisions of Rule 9 governing the
amendability of bills and resolutions, no amendments may be
offered to any special order resolution which amendments do not
pertain to the bill which is the subject of the special order
resolution, except as to the time and date called for in such
resolution.
Provided, that for the purpose of explaining any special order
resolution the time limit for opponents shall not exceed five minutes
and the time limit for proponents shall not exceed five minutes.
c. A Special Order set for a certain day and hour, not being
considered by the House at the hour named shall be transferred by
the Clerk of the House to the Special Orders of the following day
until disposed of, in the chronological order of original
appointment.
Any member may insist upon a Special Order of the Day, or
other Special Orders, until it be discharged.
d. The motion period provided for the daily order of
business under Rule 6.3 shall be limited to ten minutes only.
Provided, however, that time consumed by roll call votes shall
not be construed as part of time allotted to said motions.
Provided, further, that during a motion period no motion shall be
withdrawn after a substitute has been offered therefor.
e. Consideration of uncontested local bills and joint
resolutions on third and second readings as provided in subsection
7a and b of this rule shall be limited to a total of ten minutes only.
Consideration of contested local bills and joint resolutions on
second and third readings as provided in subsections 11b and 13b
of this rule is limited to a total of ten minutes for second reading
bills and joint resolutions and ten minutes for third reading bills and
joint resolutions.
f. Consideration of uncontested statewide bills and joint
resolutions on third and second readings as provided in subsection
8a and b of this rule shall be limited to a total of thirty minutes
only.
g. No debate shall be allowed in the uncontested period,
provided, however, the Speaker may recognize a proponent and
opponent of any uncontested bill or joint resolution for a brief
explanation of their position.
h. Consideration of unanimous consent requests as provided
for in subsection 11 of this rule shall be limited to five minutes
only. No unanimous consent requests except those unanimous
consent requests dealing with the pending matter may be considered
at any time other than during the time provided for in subsection 11
of this rule.
6.4 A debate interrupted by a simple adjournment shall
afterwards be resumed at the point of interruption as if debate had
been formally adjourned. A matter interrupted by a call for the
Orders of the Day shall, after the Orders have been disposed of, be
resumed at the point of interruption before any other question.
6.5 Messages may be received at any time while the door is
open, except while a question is being put, or a ballot, or a viva
voce vote is taken. A message shall be presented to the House by
the Speaker when received, or afterwards, according to its nature,
and the business in which the House is engaged; or its consideration
may, on motion, be ordered by the House.
6.6 In all particulars not determined by these Rules, or by the
laws of the Constitution of this State, or of the United States, the
practice of this House shall conform to its previous usage, or be
guided by parliamentary law as it may be collected from the best
authorities, Mason's Manual of Legislative Procedure being the
preferred parliamentary authority.
RULE 7
VOTING
7.1 If, upon a question by acclamation, the Speaker doubts, or a
division be called for, the House shall divide by those in the
affirmative first rising from their seats, then those in the negative.
If the Speaker still doubts, or a count be required, the Speaker shall
name one member from each side to tell the numbers in the
affirmative and those in the negative, and from their report shall
state the decision. Provided, that division votes shall be made by
use of the electronic roll call equipment, but no individual votes
shall be recorded. The Speaker shall state: `The pending question
for division vote is ........ (designating the matter to be voted upon).'
The Speaker shall then unlock the voting machine and announce:
`The members shall now proceed to vote.' He shall then sound the
bell. Thirty seconds after the bell has been sounded, the Speaker
shall then announce that the voting is closed, shall lock the
machine, and instruct the Clerk to report the totals. 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 report the totals.
7.2 Upon any question, at the request of any ten members who
may signify their requests by rising, the yeas and nays shall be
ordered; whereupon, at the decision, 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: `The
members shall now proceed to vote.' 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 lock the machine and instruct the Clerk to
record the vote and the Speaker shall announce the result of the
vote.
c. After the voting machine is locked, no member may
change his vote and the votes of tardy members shall not be
counted.
d. Subject to the provisions of Rule 2.10, the vote as
electronically recorded on the roll of members shall not in any
manner be altered or changed by any person.
e. No member shall vote for another member, nor shall any
person not a member vote for a member. Any member who shall
vote or attempt to vote for another member or a person not a
member who shall vote or attempt to vote for a member may be
punished in such manner as the House determines.
f. Any member or other person who 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.
Provided, however, the minimum penalty for violation of Rule
7.3 shall be a public reprimand.
g. A member who has been appointed by the Speaker to
preside as Speaker Pro Tempore may designate another member to
cast his vote on any question while he is presiding in accordance
with his instructions from the Chair.
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 must be issued one key by the Sergeant at
Arms to activate the key lock on the voting console on his desk to
operate the electronic voting system. That key may not be
duplicated by the member nor may a duplicate be issued to a
member. The key must not be left in the key lock at any time
while the member is not within the outer doors of the Chamber. If
a member loses his key, a replacement will be issued by the
Sergeant at Arms at the member's expense. If a member is
temporarily without his key while the House is in session, the
Sergeant at Arms will provide a temporary key to that member at
the member's request for that day only, and that key 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'. Every 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.
7.5 No member shall, under any circumstances, be permitted to
vote after a decision shall have been announced by the Chair. After
the decision of the question, a member absent may be permitted to
record the vote he would have given if present, but such vote shall
not affect the previous question.
7.6 No member shall be permitted to explain his vote during a
roll call, but may reduce his explanation to writing, in not more
than 200 words, and upon filing with the Clerk, this explanation
shall be entered upon the Journal.
7.7 When the pending question is the passage of any bill or
resolution on the contested Calendar on second reading, the yeas
and nays shall always be taken by roll call and the votes thereon
shall be recorded in the Journal.
7.8 Pairing shall be permitted only upon the absence of a
member for good cause and shall be in writing and specifically state
the bill or bills or questions upon which pairs are arranged. Pairs
shall be filed with the Clerk and recorded in the Journal as an
indication of how absent members would have voted. The present
member need announce only that he is paired as an explanation of
why he is not voting.
RULE 8
MOTIONS AND THEIR PRECEDENCE
8.1 No motion shall be debated until it shall have been stated by
the Speaker. Any motion shall, if desired by the Speaker or any
other member, be reduced to writing and delivered at the desk and
read, before it shall be debated.
8.2 The mover may withdraw any question or proposition before
an amendment or decision, after the same has been ordered, except
a demand for the yeas and nays and except after the previous
question has been ordered.
8.3 No dilatory motion shall be entertained by the Speaker, prior
precedents to the contrary notwithstanding.
8.4 A question before the House shall be suspended by:
1. a message;
2. a report or resolution of the Committee on Rules,
Conference, Free Conference or Invitations;
3. a question of order;
4. a question of privilege;
5. a question of taking recess;
6. any other incidental questions, such as of reading papers,
dividing a question, withdrawing a motion, excusing a member
from voting, or the like; of which the five first named may suspend
even a speech; provided, that the fifth, if once negatived, be not
received during the same speech without the assent of the member
speaking.
8.5 When a question is under debate only those motions herein
below shall be received and notwithstanding the provisions of any
other Rule, none of such motions except the motion to adjourn or
recede, a motion to continue, or a motion for the previous question
shall be considered until the conclusion of such debate. Such
motions shall require a simple majority vote unless otherwise
specified:
1. to adjourn or recede;
2. to continue;
3. to lay on the table;
4. for the previous question (fifty percent of those present
and voting, a quorum being present, plus five);
5. to postpone indefinitely, or to a day beyond the session;
6. to adjourn the debate to a certain day within the session;
7. to commit or recommit.
These motions shall have precedence in the order in which they
are hereinabove arranged.
Provided, a motion to reconsider shall be received and noted
while a speech is being made but notwithstanding the provisions of
Rule 8.14, shall be considered immediately after disposal of the
pending matter or pursuant to Rule 6.3, subparagraph 10, whichever
shall come first.
8.6 The previous question upon any matter may be invoked as
follows:
a. Immediate cloture. Upon an affirmative vote on a motion
for the previous question (fifty percent of those present and voting,
a quorum being present, plus five, being required to interrupt debate
and a simple majority vote at all other times), the amendments then
upon the desk shall be considered, but no further amendments shall
be allowed to be offered. The sponsor of an amendment shall be
allowed an opportunity to make a short explanation of his
amendment for a period not to exceed three minutes, then
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 as and if amended, the time
being equally divided between opponents and proponents with no
person to speak more than ten minutes.
Provided, any member who has been recognized by the Speaker
and is speaking from the podium, is considered to be debating the
issue and a call for the previous question, whether by the member
or any other member, requires the necessary fifty percent of those
present and voting plus five.
b. Delayed cloture. Upon an affirmative vote upon a motion
for the previous question to take effect in two hours (fifty percent
of those present and voting, a quorum being present, plus five,
being required to interrupt debate, and a simple majority vote at all
other times), the previous question will be invoked to take effect
two hours from the time such affirmative vote is made, provided
that such two hour period may not be extended and may not be
shortened if five (5) members object. After the previous question is
in effect pursuant to this subsection, consideration of amendments
and further debate shall proceed in the same manner and under the
same limitations as those set forth in subsection (a) of this rule.
Provided, further, that during the two hour period immediately
preceding delayed cloture, but after the vote for same, all actions
otherwise possible, including putting amendments on the desk, may
be accomplished.
8.7 A motion to recess may state the time for reconvening and
in the absence of such time stated, reconvening shall be at the call
of the Chair.
8.8 A motion to strike out the enacting words of a bill, or
resolving words of a resolution shall have precedence of a motion
to amend, and, if carried, shall be considered as equivalent to
rejection.
8.9 When a motion is made during a motion period, the Speaker
shall entertain but two substitute motions which shall be considered
in their inverse order.
8.10 Any member may without debate, call for the division of
a question, and the House may divide the question if it shall appear
to comprehend the question so distinct that, one being taken away,
the rest may stand entire for decision. A motion to strike out and
insert shall be deemed indivisible, but a motion to strike out being
lost shall not be deemed equivalent to agreement, nor shall it
preclude either amendment or a motion to strike out and insert.
8.11 a. The following motions shall be decided by simple
majority unless otherwise specified and without debate after such
short remarks as the Speaker may permit:
to adjourn;
to take a recess;
to continue;
to commit or recommit;
to lay on the table;
for the previous question;
to take up any matters in the orders of the day not regularly
reached;
to proceed to the orders of the day;
to postpone indefinitely, or to a day beyond the session;
to adjourn a debate;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
b. The following motions must be permitted at the same
stage of the bill or proposition after one hour of time has elapsed
since the same question was before negatived:
for the previous question;
to lay on the table;
to postpone or adjourn a debate;
to continue;
to commit or recommit;
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; but a motion to adjourn, or to take
a recess, having been negatived, no new motion to adjourn or take a
recess shall be in order until fifteen minutes shall have elapsed from
the decision of the former motion, even though such motion to
recede might be to recede to a different time.
8.13 Indefinite postponement shall dispose of the question.
8.14 When a question shall have been once decided in the
affirmative or negative, any member who voted with the prevailing
side may, on the same day or the next day of the sitting of the
House, move for a reconsideration thereof, and the House if in
session for Statewide Matters, and at any time other than while
Special Orders are being considered, shall immediately have the
question of reconsideration before it. If the House is not in session
for Statewide Matters or have before it a matter under Special
Order, it shall have the question of reconsideration before it as
provided in Rule 6.4. If the House shall refuse to reconsider, or,
upon reconsideration, shall affirm its first decision, no further
motion shall be in order except by unanimous consent, provided,
that once a motion to reconsider is made it may not be withdrawn
except in the same day in which it was made.
Provided, that the bill, resolution, message, report, amendment,
motion, or the paper upon which the vote was taken shall not have
gone out of the possession of the House.
A motion to reconsider may be laid on the table without affecting
the question with reference to which the same is made; and if such
motion be laid on the table, it shall be deemed a final disposition of
the motion.
8.15 A member may move to continue a matter, when called
on the calendar, to the next session; and if the House agrees thereto,
the matter shall be thereupon continued; and the Clerk of the House
shall make up a Calendar of all the matters so continued, placing
the same thereupon, in the order in which they have been
continued, and at the ensuing session the continued matters shall be
taken up and considered in the same stage in which they were when
so continued and shall have priority according to the last order for
consideration made upon them.
If a motion to continue, having received an affirmative vote, shall
be reconsidered and thereupon such motion to continue shall receive
a negative vote, the matter shall be immediately taken up and the
member having the floor at the time the debate was interrupted
shall resume.
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 read until such printed copy has been on the desks of the
members for at least one day previous to such reading. Provided,
however, that this requirement shall not apply to local bills.
The consideration of amendments shall have precedence over a
motion to either concur or nonconcur in the Senate amendments.
If no amendments have been adopted by the House then the
question shall be: `Will the House agree to the Senate amendment?'
A decision in the negative shall be a rejection. Upon a decision in
the affirmative, the title of the bill shall be changed to an Act, and
ordered to be enrolled.
9.2 At the third reading of a bill, no amendment shall be
permitted without unanimous consent, except that the Chairman of
the Committee on Ways and Means may (if he shall have given
notice at the second reading of his intention to offer amendments at
the third) be permitted to offer amendments to any bill to raise
supplies or to make appropriations, such as may be pertinent to the
bill; and, the chairman of any committee may (if he has given
notice at the second reading of his intention to offer an amendment
at the third) be permitted to offer a technical amendment 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 it refers to the intent of the motion or proposition under
consideration. Provided, that nothing shall prevent the adoption of
an amendment which rewrites the bill in its entirety if the bill as
rewritten remains germane to the original title of the bill. Provided,
further, that in determining whether or not any amendment be
germane, the Speaker of the House of Representatives shall be
guided by precedents of the House of Representatives to the extent
available.
9.4 A proposed amendment shall be in order regardless of the
number of changes proposed therein to the matter under debate,
provided such amendment is otherwise in order.
9.5 Proposed amendments to any matter before the House shall
be initially considered in the order in which received.
RULE 10
MISCELLANEOUS
10.1 A person not a member, officer, or attache of the House
shall not be admitted in the outer doors of the Chamber without the
special leave of the House. The following persons, and no others,
shall be admitted within the Hall at any time unless otherwise
authorized by House Resolution; namely,
The present and former members and officers of the House of
Representatives; the members of the Press as designated by the
Speaker of the House of Representatives; the Governor; the present
members and officers of the Senate; the present members and
employees of the Legislative Council; employees of the respective
legislative delegations; and such persons as may be invited by order
of the House; provided, no seat in the House shall be occupied by
any one except the members thereof. No lobbyist, including former
members 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 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.
Access to the House shall not be denied to sitting Senators.
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 reelected 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.
c. `Joint Resolution' which shall have the same force of
law as an Act, but is a temporary measure, dying when its subject
matter is completed. It requires the same treatment as a bill does in
its passage through both Houses, but its title after passage shall not
be changed to that of an Act; and when used to propose an
amendment to the Constitution it does not require the approval of
the Governor.
2. `Bill' A bill is the term applied to a measure introduced
in either House designed to become a permanent law (or an `Act').
It must be read and adopted three times on three separate days in
each House, following which its title is changed to that of an Act.
3. `Act' An Act is the term applied to a bill that has passed
both Houses, been ratified by the presiding officer of each House
and signed by the Governor or passed over his veto. It is a
permanent measure, having the force of law until repealed.
4. `Veto' The term used for disapproval of a Bill or Joint
Resolution by the Governor. It may be overridden by a two thirds
vote of the members of each House.
10.4 The House shall not accept any invitations to attend
functions (social or otherwise) which are to be held at a club or
organization which does not admit as members persons of all races,
religions, colors, sexes, or national origins. All such invitations so
received shall be referred to the Committee on Invitations and
Memorial Resolutions and the five House members on the
Committee on Invitations and Memorial Resolutions shall have the
duty of determining and reporting to the House whether or not the
function is to be held at a club or organization which does not
admit as members persons of all races, religions, colors, sexes, or
national origins.
10.5 Each member of the House shall be entitled to
recommend the names of any number of persons to the Speaker,
with one to be appointed by the Speaker as a House page to
perform such duties as determined by the Speaker. The provisions
of this rule shall be contingent upon the General Assembly
providing for at least one hundred twenty four House pages in the
annual general appropriations act for the fiscal year during which
such session shall take place. Any additional House pages
authorized shall be appointed by the Speaker in his sole discretion.
Pages and guests of the House shall observe appropriate and
dignified attire which means shirt and tie (with coats optional) for
males and dignified dress (meaning dress, skirt or slacks and
blouse, or pants suits) for females. This provision must be enforced
by the Speaker.
10.6 Provided, notwithstanding any other rule, House
Resolutions, Invitations and Memorials shall be accepted at the desk
during the Organizational Session and shall be approved only by
unanimous consent for passage.
10.7 No smoking is permitted in the Hall of the House of
Representatives. Smoking for purposes of this rule includes
carrying a lighted cigar, cigarette, pipe, or any other lighted
smoking equipment.
10.8 No member of the House shall incur more than one
thousand eight hundred dollars in long distance telephone charges at
State expense during any fiscal year. However, if a member
accumulates more than one thousand eight hundred dollars in long
distance telephone expenses during any fiscal year, he shall be
billed and must reimburse the State on a monthly basis for the
remaining balance.
10.9 Special presentations to honor individuals, groups or
teams must be limited to five minutes and no presentations of this
kind are permitted after the third Thursday in May. A House
passed resolution that mentions allotted time for the presentation
and date shall prevail. This rule does not apply to a concurrent
resolution."
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