H*3001 Session 112 (1997-1998)
H*3001 Resolution, By Wilkins and D. Smith
A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE
1997 AND 1998 SESSIONS OF THE GENERAL ASSEMBLY.
12/03/96 House Introduced and adopted HJ-23
A HOUSE RESOLUTION
TO ADOPT THE RULES OF THE HOUSE OF
REPRESENTATIVES FOR THE 1997 AND 1998 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 1997 and 1998 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 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.
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, 1997.
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 unless the amendment has at least two-thirds
of the membership of the House as its sponsor. 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, including
that 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.
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. The Speaker may at anytime, unless a member objects, order
the House to stand at ease to be reconvened 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 must be decided by simple
majority unless otherwise specified and without debate after any
short remarks the Speaker permits:
to adjourn;
to take a recess;
to continue;
to commit or recommit;
to lay on the table;
for the previous question;
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.
10.10 Meetings of a legislative caucus as defined in Section
2-17-10(11), Code of Laws of South Carolina, 1976, may not be
closed to the public and must be open to the public pursuant to
Section 30-4-60."
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