H*3244 Session 112 (1997-1998)
H*3244 Resolution, By House Rules
A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, SO AS
TO REVISE AND FURTHER PROVIDE FOR THE ELECTION, DUTIES, AND RESPONSIBILITIES
OF THE SPEAKER AND SPEAKER PRO TEMPORE, THE CLERK, READING CLERK, CHAPLAIN,
AND THE SERGEANT AT ARMS; THE RULES GOVERNING THE MEMBERS OF THE HOUSE,
OFFICES, EMPLOYEES, AND COMMITTEES; BILLS, RESOLUTIONS, AND REPORTS, THE DAILY
ORDER OF BUSINESS AND CALENDAR, VOTING, MOTIONS AND THEIR PRECEDENCE,
AMENDMENTS, AND MISCELLANEOUS PROVISIONS.
01/15/97 House Introduced HJ-10
01/15/97 House Amended and adopted HJ-11
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amendment No. 4--P:\AMEND\JIC\5281HTC.97
January 15, 1997
AMENDED--NOT PRINTED IN THE HOUSE
Amended--H. 4404 & H.4403
January 14, 1998
H. 3244
Introduced by Rules Committee
A HOUSE RESOLUTION
TO AMEND THE RULES OF THE HOUSE OF
REPRESENTATIVES, SO AS TO REVISE AND FURTHER
PROVIDE FOR THE ELECTION, DUTIES, AND
RESPONSIBILITIES OF THE SPEAKER AND SPEAKER PRO
TEMPORE, THE CLERK, READING CLERK, CHAPLAIN, AND
THE SERGEANT AT ARMS; THE RULES GOVERNING THE
MEMBERS OF THE HOUSE, OFFICES, EMPLOYEES, AND
COMMITTEES; BILLS, RESOLUTIONS, AND REPORTS, THE
DAILY ORDER OF BUSINESS AND CALENDAR, VOTING,
MOTIONS AND THEIR PRECEDENCE, AMENDMENTS, AND
MISCELLANEOUS PROVISIONS.
Amend Title To Conform
Be it resolved by the House of Representatives:
That the Rules of the House of Representatives for 1997 and 1998 are
amended to read:
"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 may 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
Speaker shall appoint the committee chairmen for the standing
committees. Provided, however, that the committee chairmen for the
House of Representatives Legislative Ethics Committee and the
Committee on Operations and Management of the House of
Representatives shall be elected by the several members of those
committees. The committee committees may at
its their discretion elect a Vice Chairman and such
other officers as it they may choose.
1.10 The Speaker is responsible that all amendments ordered by
the House be correctly made and that the attention of the House be
called to all amendments made by the Senate since the matter was
before the House. All Senate amendments to matters previously
considered by the House and all House amendments to matters
previously considered by the Senate shall, after adoption, be printed
by use of distinctive type interlineation in such a manner as to reflect
in one text the original version and the language of the amendment.
1.11 If the Speaker or Speaker Pro Tempore resigns from such
position, he shall submit his resignation to the Clerk of the House in
writing. 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 House, call the members to
order, proceed to call the roll of members in alphabetical order, and
pending election of a Speaker, Speaker Pro Tempore or temporary
officers, preserve order and decorum, and decide all questions of
order subject to appeal by any member. The duties of this section
may be delegated by the Clerk to any member of the House.
2.3 The Clerk shall cause to be kept a correct Journal of the
proceedings of the House, and this Journal shall be numbered serially
from the first day of each session of the Legislature. He shall not
permit any books or papers belonging to the House to be taken out of
his custody other than in the regular course of business and then upon
receipt when he deems necessary. He shall report any missing papers
to the Speakers Speaker.
2.4 The Clerk of the House shall cause to be prepared and laid on
the desks of the members, every morning, an itinerary
of the day's business, to be called the Calendar. This
Calendar shall include the orders of the preceding day and all
continued matters arranged according to priority, and numbered from
the commencement of the 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 The Clerk shall also attest to all writs
and warrants and to the passage of all bills, resolutions and
memorials.
2.7 The Clerk shall prepare in writing, present to the Speaker for
his signature, and send all messages to the Senate and elsewhere as
ordered by the House.
2.8 The Clerk shall also be charged with the duty of having
executed, in a prompt and accurate manner, all the printing required
by the Rules or orders of the House.
2.9 The Reading Clerk shall be elected by the membership of the
House for a term of two years. This election will take place on the
opening day of the organizational session 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. (Reserved)
3.4 Any member who enters after the roll call at the opening of the
daily session and notifies the Clerk in writing shall thereafter be
shown as present for such day. Provided, that no person except those
recorded present shall be eligible for subsistence for that day.
3.5 In cases of contest for a seat in the House, notice setting forth
the grounds of such contest shall be given by the contestant to the
House within three calendar days after the House first convenes, and
in such case, the contest shall be determined by majority vote as
speedily as reasonably possible.
3.6 When the House is called to order, every member shall take his
seat and shall act with decorum at all times when the House is in
session. 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, personally 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, does so, it shall be grounds for summary
dismissal. While within the House Chamber during session, no
one may personally, or in an official or representative capacity,
concern himself with the passage or consideration of any measure
whatsoever, except sitting members of the General Assembly and
House staff in the usual and ordinary performance of their duties as
an employee of the House. The Speaker may require immediate
removal from the House Chamber of any person, who violates the
provisions of this rule.
3.8 No member shall speak more than twice on the same question
without leave of the House, except merely to explain his meaning,
even if the debate on the question should be continued for many days.
In the case of a matter requiring more than one reading, this
limitation applies separately to each reading, provided, however,
notwithstanding that a matter may move from the uncontested to
contested calendar or vice versa within the same reading, the
limitation applies to the entire reading. If a member has the floor and
is addressing the body, he shall not lose the floor by asking a
question of any member of the body.
3.9 If any member shall be absent without leave and a quorum is
not present, the Speaker shall instruct the Sergeant at Arms or appoint
other authorized persons to send for such member or members and
take them into custody. The outer doors to the Chamber shall be
closed. The Speaker shall order that security personnel shall be
posted at the outer doors of the Chamber and no member shall be
permitted to leave the second floor of the State House without written
leave of the Speaker. The Speaker may also order that security
personnel be posted at all entrances to the State House to prevent
members from leaving without authorization. An absent member
who is taken into custody after the invocation of this rule shall pay
for all reasonable expenses incurred, which shall include
mileage at the prevailing rate for state employees 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 Speaker deems necessary. Should a quorum
be present and ten members request, such absent member or members
shall be sent for as herein provided and subjected to the same
penalties. The Speaker shall strictly enforce the provisions of this
rule. Provided, however, in the case of a member not being present
when Rule 3.9 is invoked and such member voluntarily returns
without being taken into custody, he shall not be subject to the
penalties of this section. The invocation of this rule may be
rescinded by a majority vote of those present and voting.
3.10 As soon as practicable, after the House has been organized,
the seats of the members shall be allotted as follows:
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,
and the House of Representatives Committee on Operations and
Management, shall be appointed to serve until the next general
election with the indicated number of members appointed thereto:
1. Committee on Ways and Means 25.
2. Committee on the Judiciary (Privileges and Elections) 25.
3. Committee on Agriculture, Natural Resources and
Environmental Affairs (Fish, Game, Forestry, State Parks, Rural
Development, Environmental Affairs) 18.
4. Committee on Education and Public Works (Education,
Highways, State House and Grounds, Railroads, Aviation) 18.
5. Committee on Medical, Military, Public and Municipal
Affairs (Medical Affairs, Social Security, Penitentiary, State
Hospital, Police Regulations, Military Affairs, Veteran's Affairs)
18.
6. Committee on Labor, Commerce and Industry (Labor,
Commerce and Manufacturing, Banking and Insurance, Merchants
and Mercantile Affairs) 18.
7. Committee on Rules 15.
8. Committee on Interstate Cooperation (membership limited
to 5, under 1976 Code, Sec. 1 17 30) 5.
9. House of Representatives Legislative Ethics Committee 6.
10. Committee on Invitations and Memorial Resolutions
(Invitations, Resolutions memorializing the Federal or State
Government or any official or agency thereof, sympathy, and
congratulatory Resolutions) 5.
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 and one of the following
Committees: the 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, and the
members of the House of Representatives Legislative Ethics
Committee, shall be elected by the members of the South
Carolina House of Representatives, their terms to be coterminous
with their respective term of office.
Provided, that the Committee on Education and Public Works shall
be deemed to be the Committee on Education, and the Committee on
Medical, Military, Public and Municipal Affairs shall be deemed to
be the Committee on Military Affairs and the Committee on Medical
Affairs, in all cases where the statutes provide for the Chairman of
these committees to perform ex officio duties.
Provided, that the Committee on Operations and Management of
the House of Representatives with the consent of the
Speaker may formulate such policies as it deems advisable
relating to House personnel. Such policies shall be distributed to the
members and must be adopted by majority vote of the House by
House Resolution.
Provided, that except as herein provided neither the Speaker nor
Speaker Pro Tempore shall be a member of any of the foregoing
Standing Committees.
No member shall be appointed on a committee before he has been
sworn in and has taken his seat. Any member who is sworn in after
the general announcement of the committee shall, within a few days
afterward, be placed by the Speaker on a Standing Committee whose
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 by
the Speaker. 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,
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 its message might
be received to the House at any time.
No committee shall sit unless a quorum be present and all bills
introduced by committees must carry the statement of the Chairman
that the bill has the approval of two-thirds of the membership of the
committee, except that the State Appropriations Bill, the
Supplemental Appropriations Bill 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 shall be taken on a bill
or resolution except at a regular or called meeting, but this shall not
apply to resolutions referred to the Committee on Invitations and
Memorial Resolutions.
When any standing committee or subcommittee schedules a public
hearing on a bill or resolution, the principal sponsor of such bill or
resolution shall be notified of the time and place of such hearing not
less than five calendar days prior to the hearing date.
4.5 All meetings of all committees shall be open to the public at all
times, subject always to the power and authority of the Chairman to
maintain order and decorum with the right to go into Executive
Session as provided for in the South Carolina Freedom of
Information Act, Title 30, Chapter 4 of the 1976 Code of Laws of
South Carolina, as amended.
No committee shall file a report unless the committee has met
formally at an authorized time and place, with a quorum
present. All standing committees of the House shall prepare and
make available for public inspection, in compliance with Section
30 4 90 of the 1976 Code of Laws of South Carolina, as amended,
the minutes of full committee meetings. Such minutes need not be
verbatim accounts of such meetings but shall include those matters
required by the above mentioned Freedom of Information Act.
4.6 After twenty days from the date of reference, the Chairman of
the Committee in possession of a measure shall, upon written request
of an introducer a sponsor or, in the case of a Senate
measure, a House member, set a time for consideration of the
measure by the full committee or subcommittee 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. Provided, further
that the Speaker may, in his discretion, commit to a committee any
bill or joint resolution, which originated in the House and was
returned from the Senate with an amendment that has so materially
changed the bill that the bill's contents, as amended by the Senate,
are no longer substantially germane to the bill or joint resolution as
it passed the House. Such bill or joint resolution may be reported out
of the committee with its recommendation and shall be placed on the
calendar under second reading and proceed through the calendar. If
not amended it shall be enrolled as an act and ratified. If said bill or
joint resolution shall be amended, it shall be returned to the Senate at
the conclusion of the process as a House amendment.
4.9 In all cases the House may resolve itself into a Committee of
the Whole. House, and The motion to resolve the
House into a Committee of the Whole shall specify the subject(s) to
be considered in the Committee of the Whole. in
In such the event the House resolves
itself into a Committee of the Whole, the Committee of the Whole
shall limit discussion to the subject(s) specified in the motion.
the 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 individual 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 such individual or group for any
will present an artistic performance during the established
hours of meeting.
Any invitations extended to the House as a whole to attend any
functions shall be submitted to the Committee on Invitations and
Memorial Resolutions at least 10 days in advance in order that it may
determine what legislation or other pertinent matters may be pending
before the House and its Committees before the invitation is
accepted. The House shall accept no invitations to any functions
other than a breakfast or luncheon prior to 6:00 p.m. Pages are not
permitted to attend such functions. No invitations to functions for the
House as a whole will be accepted after the third Thursday in May
or during the week anticipated for the debate of the State
Appropriations Bill.
4.14 No member of a committee shall be allowed under any
circumstances to vote by proxy; 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, or originates therein, and agreed to by
two-thirds of the members of the House present, after
the committee has made its report. Provided, that any rule may be
amended by a simple majority until the last Thursday in
January, 1997 of the House during the month of January of
each year.
4.16 a. The House of Representatives Legislative Ethics
Committee has the following duties in addition to those provided for
by statutory law:
(1) upon request of any member, officer or employee of the
House of Representatives, to render advisory opinions with regard to
legislative ethics when in its judgment such opinions would serve the
public interest;
(2) to make available annually to the House of Representatives
a compilation of the principles set forth in advisory opinions
rendered;
(3) upon the filing of a complaint with the Ethics Committee
alleging a violation of the ethics law or House Rules or upon the
referral by the Speaker of a matter in which there is an allegation of
conduct in contempt of the House or which otherwise violates House
Rules, the committee shall conduct a hearing and/or render an
advisory opinion and report its findings, with any order of
punishment, to the Speaker.
b. All papers, documents and proceedings relating to conduct or
disciplinary action against members are confidential and must be
handled in the manner prescribed for the disciplinary procedure
for attorneys in Rule 413, Section 20 of the South Carolina Appellate
Court Rules in Section 8-13-540 of the 1976 Code
unless made public by the committee in a report to the House of
Representatives.
4.17 The Standing Committees may order to be printed for their
use, such papers as shall be referred to them.
4.18 The House shall not resolve itself into Executive Session
except under those circumstances permitted by the laws of this State,
and then only upon a vote of two-thirds of the membership present
and voting, a quorum being present. Upon resolving itself into
Executive Session the Halls of the House shall be cleared of all
persons except the members of the House, the Clerk of the House and
the Sergeant at Arms.
No action shall be taken which violates the Statutory Law of this
State and when such action is permissible it shall only be taken upon
a 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. A member may
add his name to a bill or resolution or a co-sponsor of a bill or
resolution may remove his name at any time prior to the bill or
resolution receiving passage on second reading. The member or
co-sponsor shall notify the Clerk of the House in writing of his desire
to have his name added or removed from the bill or resolution. The
Clerk of the House shall print the member's or co-sponsor's written
notification in the House Journal. The removal or addition of a name
does not apply to a bill or resolution sponsored by a committee.
And every bill or joint resolution which shall propose the
amendment or repeal of any Section, Chapter or Title of the General
Statutes or of any Act of Assembly or Joint Resolution, shall, in its
title express the subject matter of such Section, Chapter, Title, Act or
Joint Resolution so sought to be amended or repealed. If this is not
complied with, the paper shall not be received by the Speaker and
objection may be raised by any member to such improper
introduction at any time prior to third reading that the bill or
resolution is being considered by the House.
Every bill or joint resolution proposing to amend any section or
clearly identifiable subdivision or portion of a section of any chapter
of the General Statutes or of any Act of Assembly or Joint Resolution
shall give the full text of the Section or clearly identifiable
subdivision or portion of a Section as it would read with such
amendment inserted therein. And if this latter clause of this Rule is
not complied with, the bill or joint resolution shall be amended so as
to conform to this Rule before it be considered by the House. Any
member may require such amendment at any time a bill or resolution
not in conformance herewith is being considered by the House.
5.3 General Appropriations Bill & Supplemental
Appropriations Bill
A. Certificate: Every General Appropriations Bill and
Supplemental Appropriations Bill for the ordinary expenses of State
Government before presentation shall have attached thereto a
certificate from the Budget Division of the State Budget and Control
Board stating that the total of the appropriations therein provided for
is not in excess of the estimated total revenue of the State for such
purposes, including that revenue which may be provided for in the
bill, or in any other bill previously passed by the House for the fiscal
year to which the bill is applicable, and an Appropriations Bill
without such certificate shall not be read the first time in the House,
but shall be returned to the Committee on Ways and Means by the
Speaker. After passage on second reading and before its
consideration on third reading, every General Appropriations Bill,
and every Supplemental Appropriations Bill shall have attached
thereto a certificate from the Budget Division of the State Budget and
Control Board that the total of the appropriations therein provided is
not in excess of the estimated total revenue of the State for such
purposes, including that revenue which may be provided in the bill,
or in any other bill previously passed by the House for the fiscal year
to which the bill is applicable, and if the Budget Division cannot give
such certificate, the Speaker shall order the bill recommitted to the
Ways and Means Committee.
B. Germaness: 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 to the purpose of 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.
C. Report of Conference of Committee: The following
requirement applies to the report of the Conference Committee on the
Annual Appropriations Bill: Any provision offered for inclusion in
the Annual Appropriations Bill which increases or decreases the most
recent official projection of general fund revenues of the Board of
Economic Advisors may not be included in the bill or
recommendation unless the revenue impact is certified by the Board
of Economic Advisors. Changes to the official general fund revenue
estimate as a result of such provisions may not exceed amounts
certified by the Board of Economic Advisors. This requirement is in
addition to other provisions of law regarding fiscal impact statements.
D. Format of Appropriations Bill: All State
Appropriations Bills must be printed at each stage the
following stages in their passage so that:
a.1. The House Ways and Means Committee
version of the Appropriations Bill must include the amounts
recommended by the Ways and Means Committee.
b.2. The House version of the Appropriations
Bill must include the amounts recommended by the Ways and Means
Committee and the amounts passed by the House.
c.3. 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.4. The Appropriations Act must include total
funds approved for the next fiscal year and a listing of appropriations
from the General Fund.
5. Provided, further, that:
a. the full salary of the principal officer of each
department, agency, or institution shall be set forth as an item distinct
and apart;
b. Provided, further, that minor budget
classifications or other descriptive terminology may be used when
necessary to better express the purpose of the appropriation;
c. 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; and,
d. Provided, that the appropriations must be
in conformity with the program budget format as adopted by the
Ways and Means Committee.
E. Provided further, that any 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 agrees, 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
committee report shall be amended so as to conform to this
Rule before it the bill or joint resolution is
considered by the House. This shall be the responsibility of the
committee chairman.
5.10 No local bill or joint resolution shall receive a
second reading unless printed copies of the same its
number and title shall have been laid on the desks of
members printed in the House Calendar 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 its number and title shall have been laid on the
desks of members printed in the House Calendar at least
one statewide legislative day prior to such reading unless said bill
or resolution has been set for Special Order consideration as provided
for by Rule 6.3(14)(b). Provided, further, no General
Appropriations Bill or Supplemental Appropriations Bill for the
ordinary expenses of the State Government shall receive a second
reading unless printed copies of such Appropriations Bill shall have
been laid on the desks of members at least three legislative days prior
to second reading.
5.11 Any bill, resolution, report or other paper which has been
under consideration, may, at the Speaker's discretion, be ordered to
be printed for distribution to the members.
5.12 No statewide bill or joint resolution, except an
appropriations bill, general, supplemental, deficiency, or a joint
resolution approving or disapproving regulations of a state agency
shall be considered unless (1) such legislation is introduced in the
House prior to April fifteenth of the year in which it is to be
considered second year of a two-year legislative session
or (2) such legislation shall have been introduced in the Senate and
received prior to May first in the House, unless in either event it was
introduced in the previous year and was carried over to the year in
which it is to be considered; provided, however, that nothing herein
shall prevent a statewide bill or joint resolution from being received,
given first reading and referred to the appropriate committee. No
such bill or joint resolution shall be placed on the calendar for further
consideration unless two-thirds of those members present and voting
agree to waive the rule. Once voted on and rejected, no further vote
shall be allowed to waive this rule.
The motion to waive this rule shall not be debatable except that the
mover shall have the right to make a three minute explanation of his
motion.
The provisions of this rule shall apply only to regular sessions of
the General Assembly as opposed to special sessions of the General
Assembly.
The Speaker shall enforce the deadlines provided by this rule and
shall not allow consideration without putting the question of waiver
before the House.
5.13 Each bill effecting the expenditures of money by the State
shall, prior to receiving second reading, have attached to it in writing
such comment of the appropriate state official or office as may appear
appropriate regarding the bill's effect on the finances of the State.
Each committee amendment that substantially changes a bill
effecting expenditures of money by the State, prior to the bill
receiving second reading, shall have attached to the committee
amendment such comment of the appropriate state official or office
as may appear appropriate regarding the committee amendment's
effect on the finances of the State. Provided, however, this rule
shall not be invoked where the amount is shown in the bill.
Committee chairmen shall satisfy this requirement these
requirements of a fiscal impact statement prior to the bill
being considered on receiving second reading.
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. No report of a
Committee on Conference or Free Conference, except on a Sine Die
Resolution, the General Appropriations Bill, the Supplemental
Appropriations Bill, or local matters, shall be considered until such
report has been printed in the House Journal and explained by the
conferees on the floor of the House.
5.15 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. The printing of any document
required to be printed under the Rules of the House may specifically
be dispensed with by two-thirds vote of the membership present and
voting of the House, a quorum being present; provided, such vote
shall be by division vote; provided, however, the printing of any bill
which has not been referred to committee shall not be waived.
5.16 Should any member seek immediate consideration of any
House or Concurrent Resolution, the resolution shall receive
immediate consideration unless five members object. If immediate
consideration of such resolution is not sought, or in the event five
members do object where immediate consideration is sought, the
resolution shall be referred to an appropriate committee and shall not
be considered by the House until after the committee has made its
report and at that time shall take its place on the calendar.
Provided, however, a House or Concurrent Resolution
concerning Sine Die Adjournment under Article III, Section 21 of the
South Carolina Constitution and Section 2-1-180 of the Code of
Laws of South Carolina, 1976, shall receive immediate consideration,
which shall include the motion to commit or recommit.
A House or Concurrent Resolution sponsored by a committee shall
receive immediate consideration if so requested by a member unless
five members object in which case it shall take its place on the
calendar without the necessity of being referred to a committee. Such
resolution shall be printed in the same manner as is prescribed in
Rule 5.9 for the printing of bills.
Provided, however, the Clerk shall prepare forms for House
Resolutions expressing the sympathy or congratulations of the
members of the House. Any member wishing to sponsor such a
resolution shall forward in writing on a form prepared by the Clerk
information sufficient to prepare the resolution. The 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 or request for debate by
five (5) members at any time prevents the consideration of the
statewide bill or resolution and it then must be placed upon the
statewide contested calendar and remain on it until one (1) or more
objections or requests for debate are formally withdrawn
from the floor, and if there are not further objections or requests
for debate entered at that time bringing so that
the total number of outstanding cumulative objections or
requests for debate is less than 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 or request for debate by three (3)
members at any time prevents the consideration of the local bill or
resolution and it then must be placed upon the local contested
calendar and remain on it until one (1) or more objections or
requests for debate are formally withdrawn from the floor, and
if there are not further objections or requests for debate
entered at that time bringing so that the total number
of outstanding objections or requests for debate to
is less than 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 to a
committee 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.
No member shall speak more than twice upon an amendment or a
motion to reconsider that is debatable, and then not longer than ten
minutes each time. However, if the previous question has been
invoked, no member may speak more than twice on a motion to
reconsider that is debatable, and then not longer than the amount of
time remaining for debate of the underlying motion; provided, that
proposed amendments announced and introduced by the Reading
Clerk shall be considered prior to a member speaking on the bill.
No member shall speak more than twice on Senate Amendments to
a House Bill and not longer than sixty minutes for the first speech nor
longer than thirty minutes for the second speech, unless allowed to do
so by the affirmative vote of a majority of the members present and
voting. The House may, however, by consent of a majority of the
members present and voting suspend the operation of this rule during
any debate on any particular question before the House.
b. Subsection (a) of this rule shall be applicable on a section by
section basis on debate upon the General Appropriations Bill, the
Supplemental Appropriations Bill, or the bond bills but shall not
apply to bills on reapportionment.
c. The motion to grant question of granting Free
Conference Powers shall require an affirmative vote of two-thirds
of the membership of the House and is not debatable. No
member shall speak more than twice on the question of adoption of
a Conference or Free Conference Report and not longer than sixty
minutes for the first speech nor longer than thirty minutes for the
second speech, unless allowed to do so by the affirmative vote of a
majority of the members present and voting. Furthermore, the
question of adoption of a Conference or Free Conference Report is
subject to the provisions of Rule 8.6.
5.20 Notwithstanding the provisions of any other House rule, no
House or Concurrent Resolution memorializing the Congress of the
United States, the President of the United States, or any state or
federal department, agency, or official shall receive immediate
consideration but shall be referred to the Committee on Invitations
and Memorial Resolutions and shall remain in such committee unless
three members of the committee vote to report the resolution out of
committee. No such resolution may be recalled from committee.
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 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 and requests for debate;
10. consideration of pending motions to reconsider;
11. a. consideration of unanimous consent requests;
b. consideration of vetoes;
c. consideration of Senate amendments;
d. consideration of local contested bills and joint
resolutions on third reading;
12. consideration of statewide contested bills and joint resolutions
on third reading in the order in which they appear on the Calendar;
13. a. motion period;
b. consideration of local contested bills and joint resolutions
on second reading;
14. consideration of statewide contested bills and joint resolutions
on second reading in the order in which they appear on the Calendar;
a. Notwithstanding the order of business set forth in Rule 6.3
a matter may be set for Special Order for consideration on a
particular day at a particular hour or at a particular place on the
Calendar.
b. Special orders may be set for appropriations bills and local
bills by majority vote of the House. Special orders on all other bills
on the Calendar shall be set only by written resolution, which has
been referred to the Rules Committee or originates therein, and
agreed to by two-thirds of the members of that committee and agreed
to by majority of the members of the House present after the
committee has made its report; provided, however, that
notwithstanding the provisions of Rule 9 governing the amendability
of bills and resolutions, no amendments may be offered to any special
order resolution which amendments do not pertain to the bill which
is the subject of the special order resolution, except as to the time and
date called for in such resolution.
Provided, that for the purpose of explaining any special order
resolution the time limit for opponents shall not exceed five minutes
and the time limit for proponents shall not exceed five minutes.
c. A Special Order set for a certain day and hour, not being
considered by the House at the hour named shall be transferred by the
Clerk of the House to the Special Orders of the following day until
disposed of, in the chronological order of original appointment.
Any member may insist upon a Special Order of the Day, or other
Special Orders, until it be discharged.
d. The motion period provided for the daily order of business
under Rule 6.3 shall be limited to ten minutes only.
Provided, however, that time consumed by roll call votes shall not
be construed as part of time allotted to said motions period.
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 proceed with a division
vote by voting on the electronic roll call board. If the
electronic roll call board malfunctions, the Speaker shall proceed to
call the division vote by voice vote. 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 When division votes
shall be are 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.' that voting will proceed. 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 tabulate the vote on the electronic roll call
board. The Speaker shall then announce the result of the
vote.
7.2 Upon any question, at the request of any ten members who
may signify their requests by rising raising their
hands, 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.' 'Roll call vote.
Voting on the board.' He shall then sound the bell. Once the
voting has begun, it shall not be interrupted, except for the purpose
of questioning the validity of a member's vote before the result is
announced.
b. Two minutes after the bell has been sounded, the
Speaker shall ask the question: 'Have all members present voted?'
After a pause, the Speaker shall then lock the machine and
instruct the Clerk to record tabulate the vote on
the electronic roll call board. and the The
Speaker shall then announce the result of the vote.
c. After the voting machine is locked, no member may change
his vote and the votes of tardy members shall not be counted.
d. Subject to the provisions of Rule 2.10, the vote as
electronically recorded on the roll of members shall not in any
manner be altered or changed by any person.
e. No member shall vote for another member, nor shall any
person not a member vote for a member. Any member who shall
vote or attempt to vote for another member or a person not a member
who shall vote or attempt to vote for a member may be punished in
such manner as the House determines.
f. Any member or other person who wilfully tampers with or
attempts to disarrange, deface, impair, or destroy in any manner
whatsoever the electronic voting equipment or who destroys or
changes the record of votes thereon shall be punished in such manner
as the House determines.
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 The Speaker Pro Tempore
or a member who has been appointed by the Speaker to preside
may designate another member to cast his vote on any question while
he is presiding in accordance with his instructions from the Chair.
h. A member recorded as voting while absent from the
chamber shall present to the presiding officer an affidavit attesting to
this fact. Any member may also report to the presiding officer his
knowledge that another member was recorded as voting while absent
from the chamber. If the affidavit of the member whose vote is in
question is presented within forty-eight hours of the vote, the
presiding officer shall adjust the vote totals to reflect the affidavit and
order action on the question in accordance with the adjusted vote
total. If the member filing the affidavit or any other member has
knowledge of the identity of the person who voted for him while
absent, he shall present this information to the presiding officer who
shall refer it to the Ethics Committee for consideration of any
recommendation of punishment in accordance with this rule.
i. Each member must shall 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 Each member who may be in the House when
called may give his vote.
Provided, further, that when the electronic roll call system is being
used to record votes, the doors shall not be closed and members shall
be permitted to vote as provided in Rule 7.3.
7.5 No member shall, under any circumstances, be permitted to
vote after a decision shall have been announced by the Chair. After
the decision of the question, a member absent may be permitted to
record the vote he would have given if present, but such vote shall
not affect the previous question.
7.6 No member shall be permitted to explain his vote during a roll
call, but may reduce his explanation to writing in not more than 200
words, and upon filing said explanation with the Clerk,
this explanation it shall be entered upon
in the Journal.
7.7 When the pending question is the passage of any bill or
resolution on the contested Calendar on second reading, the yeas and
nays shall 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
requested by the Speaker or any other member,
must be reduced to writing and delivered at the desk and
read, before it shall be debated.
8.2 The mover may withdraw any question or proposition before
an amendment or decision, after the same has been ordered,
except after a demand for the yeas and nays and except after
the previous question has been ordered.
8.3 No dilatory motion or amendment shall be entertained
by the Speaker, prior precedents to the contrary notwithstanding.
8.4 A question before the House shall be suspended by:
1. a message;
2. a report or resolution of the 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 Provided,
further, the five first named may suspend even a speech;
provided, that the fifth, if once negatived, be shall
not be received during the same speech without the
assent consent of the member speaking.
8.5 When a question is under debate, only those motions herein
below shall be received and notwithstanding the provisions of any
other Rule, none of such motions except the motion to adjourn or
recede, a motion to continue, or a motion for the previous question
shall be considered until the conclusion of such debate. Such
motions shall require a simple majority vote unless otherwise
specified herein:
1. to adjourn or recede;
2. to continue;
3. to lay on the table;
4. for the previous question (fifty percent of those present and
voting, a quorum being present, plus five when a member has the
floor at the time the motion is made);
5. to postpone indefinitely, or to a day beyond the
session;
6. 5. to adjourn the debate to a certain day
within the session;
7. 6. to commit or recommit.
These motions shall have precedence in the order in which they are
hereinabove arranged.
Provided, a motion to reconsider shall be received and noted while
a speech is being made, but notwithstanding the provisions of Rule
8.14, shall be considered immediately after disposal of the pending
matter or pursuant to Rule 6.3, subparagraph 10, whichever shall
come first.
8.6 The previous question upon any matter may be invoked as
follows:
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 proponents of an amendment shall be
allowed an opportunity to make a short explanation of his amendment
for a period not to exceed three minutes, then opponents to the
amendment shall be permitted not more than three minutes to oppose
the proposed amendment. Then two hours of debate shall be allowed
on the bill 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. (Reserved)
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 one motion at a time and
there shall be no substitute motions considered. The same
motion may be entertained consecutively during the motion period.
8.10 Any member may without debate, call for the division of a
question and the House may divide the question if it the
Speaker shall appear to comprehend the question so distinct that,
one being taken away, the rest may stand entirely on its own.
8.11 a. The following motions shall be decided by simple
majority unless otherwise specified and without debate after any
short remarks the Speaker permits:
to adjourn;
to recede;
to continue;
to lay on the table;
for the previous question (unless it is made when a member
has the floor and then it requires a majority plus five);
to adjourn debate;
to commit or recommit;
to resolve the House into a Committee of the Whole;
to proceed to the orders of the day;
to recur to the morning hour;
to fix the hour to which the House shall next meet;
to grant free conference powers;
b. The following motions must shall not be
permitted at the same stage of the bill or proposition after
until 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 However, if a motion
to adjourn, or to take a recess, having has
been negatived, no new motion to adjourn or take a recess shall be in
order until fifteen minutes shall have elapsed from the decision of the
former motion, even though such motion to recede might be to recede
to a different time.
8.13 Indefinite postponement shall dispose of the
question.
(Reserved)
8.14 When a question shall have been once decided in the
affirmative or negative, any member who voted with the prevailing
side may on the same day or the next day of the sitting of the House
move for a reconsideration thereof and the House if in session for
statewide matters, shall immediately have the question of
reconsideration before it, except when Special Orders are being
considered. If the House is not in session for statewide matters or
have before it a matter under Special Order, it shall have the question
of reconsideration before it as provided in Rule 6.3. If the House
shall refuse to reconsider, or, upon reconsideration, shall affirm its
first decision, no further motion shall be in order except by
unanimous consent, provided, that once a motion to reconsider is
made it may not be withdrawn except in the same day in which it was
made.
Provided, that a motion to reconsider shall not be allowed if the bill,
resolution, message, report, amendment, motion, or the paper upon
which the vote was taken shall not have gone out of the
possession of the House.
A motion to reconsider may be laid on the table. If such motion be
laid on the table, it shall be deemed a final disposition of the motion.
8.15 A member may move to continue a matter when called on
the calendar to the next session, but not to a specific date in the
next session; and if the House agrees thereto, the matter shall be
thereupon continued; to the next session, and the
Clerk of the House shall make up a calendar of all the matters so
continued, placing the same thereupon, in the order in which they
have been continued. At the ensuing session the continued matters
shall be taken up and considered in the same stage in which they were
when so continued and shall have priority according to the last order
for consideration made upon them.
If a motion to continue, having received an affirmative vote, shall
be reconsidered and thereupon such motion to continue shall receive
a negative vote, the matter shall be taken up in its original place on
the calendar.
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 considered until its number and title shall
have been printed in the House Calendar for at least one
statewide day previous prior to such
reading. Provided, however, that this requirement shall not apply to
local bills; nor shall this requirement apply to bills returned from
the Senate with amendments during any extension of the session
under Section 2-1-180 of the Code of Laws of South Carolina, 1976,
or to bills returned from the Senate with amendments during an extra
session pursuant to Article IV, Section 19, of the South Carolina
Constitution.
The consideration of amendments shall have precedence over a
motion to either concur or nonconcur in the Senate amendments.
Once the matter is amended and all pending amendments are
considered, then said bill is returned to the Senate for
consideration.
If no amendments have been adopted by the House then the
question shall be: 'Will the House agree to the Senate amendment?'
A decision in the negative shall be a rejection. Upon a decision in the
affirmative, the title of the bill shall be changed to an Act, and
ordered to be enrolled.
9.2 At the third reading of a bill, no amendment shall be permitted
without unanimous consent, except that the Chairman of the
Committee on Ways and Means may (if he shall have given notice at
the second reading of his intention to offer amendments at the third)
be permitted to offer amendments to any appropriations bill, as may
be pertinent to the bill. The chairman of any committee may (if he
has given notice at the second reading of his intention to offer an
amendment amendments at the third) be permitted to
offer a technical amendment amendments to
any bill which has been reported from his committee; and,
Provided, that the House may, in its discretion, commit or recommit
any bill at its third reading and after the report of the committee any
amendment which it shall recommend may be adopted.
9.3 No motion or proposition on a subject different from that under
consideration shall be admitted under color of amendment unless 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 Only the following
persons, and no others, shall be admitted within the Hall
at any time House Chamber during a session of the
House unless otherwise authorized by House
Resolution. ; namely,
The present and former members and officers and present
employees of the House of Representatives; the members of the
Press as designated by the Speaker of the House of Representatives;
the Governor; the Lieutenant Governor; the present
members, and officers, and employees of
the Senate; the present members and employees of the
Legislative Council; dignitaries and the family of members
designated by the Speaker, employees of the respective
legislative delegations; the employees of legislative
caucuses; and such persons as may be invited by order of the
House; provided, no seat in the House shall be occupied by any one
except the members thereof. No lobbyist, including former members
registered as lobbyists, shall be admitted within the Hall without
special leave of the House. No former member seeking personal
favors nor any former member who has filed as a candidate
or is a candidate for a position which is elected by the General
Assembly shall be admitted within the outer doors of the Chamber
without special leave of the House.
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 present and voting of each House.
10.4 The House shall not accept any invitations to attend
functions (social or otherwise) which are to be held at a club or
organization which does not admit as members persons of all races,
religions, colors, sexes, or national origins. All 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. recommending to the House which
invitations should be accepted.
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 appoint one
individual as a House page to perform such duties as determined
by the Speaker. The provisions of this Rule shall be contingent upon
the General Assembly providing for at least one hundred twenty four
House pages in the annual general appropriations act for the fiscal
year during which such session shall take place. Any additional
House pages authorized shall be appointed by the Speaker in his sole
discretion. Pages and guests of the House shall observe appropriate
and dignified attire which means shirt and tie (with coats
optional) for males and dignified dress (meaning dress,
skirt or slacks and blouse, or pants suits) for females. This
provision must shall 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. (Reserved)
10.7 No smoking is permitted in the Hall of any area
under the exclusive control of the House of Representatives
unless the area is otherwise designated a 'smoking area' by the
Speaker. Smoking for purposes of this Rule includes carrying
a lighted cigar, cigarette, pipe, or any other lighted smoking
equipment.
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 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 authorizing such
special presentations shall provide for the allotted time and
date 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(1), 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. Provided, however, the meeting of the
legislative caucus may go into executive session pursuant to the
South Carolina Freedom of Information Act, Title 3, Chapter 4 of the
Code of Laws of South Carolina, 1976."
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