H 3715 Session 111 (1995-1996)
H 3715 Concurrent Resolution, By Sheheen
A Concurrent Resolution to adopt the Joint Rules of the Senate and the House
of Representatives for the 1995 and 1996 sessions of the General Assembly.
03/01/95 House Introduced HJ-10
03/01/95 House Referred to Committee on Rules HJ-10
04/20/95 House Committee report: Favorable with amendment Rules HJ-1
04/26/95 House Amended and adopted HJ-118
04/26/95 House Sent to the Senate HJ-126
04/27/95 Senate Introduced SJ-5
04/27/95 Senate Referred to Committee on Rules SJ-5
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 26, 1995
H. 3715
Introduced by REP. Sheheen
S. Printed 4/26/95--H.
Read the first time March 1, 1995.
A CONCURRENT
RESOLUTION
TO ADOPT THE JOINT RULES OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996
SESSIONS OF THE GENERAL ASSEMBLY.
Amend Title To Conform
Be it resolved by the House of Representatives, the Senate
concurring:
That the following rules are adopted as the Joint Rules of the
Senate and the House of Representatives for the 1995 and 1996
Sessions of the General Assembly:
"RULE 1
READING OF THE BILL
Every Bill shall receive three readings on three several days in
the House in which it originates before it is sent to the other House.
RULE 2
MESSAGES BETWEEN THE TWO HOUSES
All messages between the two Houses must be in writing and
numbered in regular sequence for each session, except that
messages announcing the organization of either House, or its
readiness to adjourn pursuant to Joint Resolution, may be as
directed by the presiding officer.
RULE 3
PRESIDENT PRESIDES IN JOINT ASSEMBLY
When the two Houses meet for any purpose, the President of the
Senate shall preside and discharge the duties of the Joint Assembly.
If he is unable to do so, the President Pro Tempore of the Senate
shall preside in his place and stead. If neither is able to preside, the
Speaker of the House shall preside in their absence.
RULE 4
COMMITTEE OF CONFERENCE AND FREE
CONFERENCE
Questions of difference between the two Houses shall be referred
to Committees of Conference as follows:
If the disagreement concerns a Resolution, Bill, or Report
adopted by one House and sent to the other House for
consideration, and it be proposed to amend such Resolution, Bill, or
Report, the House in possession of the paper will send a message to
the other House containing the amendment proposed. If that House
disagrees to the amendment, it will return a message accordingly.
If the House proposing the amendment still desires to urge it, it will
send a message to the other House, insisting upon its amendment,
and asking that a Committee of Conference may be appointed at the
same time naming its own Committee of Conference. This must be
granted as of course. The Committee of Conference shall meet in
Joint Session and shall formulate and submit its report in writing to
both Houses. If the Joint Committee of Conference fails to agree
upon any plan of settlement, or its Report is not concurred in by
both Houses the Resolution, Bill, or Report is lost.
Provided, that the Conference Committee does not have the
power to insert any new matter not found in the Senate or House
version of the Bill, Resolution, or Report in disagreement. Nor
does the Conference Committee have power to alter or delete any
matter agreed upon by both Houses in such Resolution, Bill, or
Report, and in the case of appropriation of money it does not have
the power to exceed the maximum or go below the minimum found
in either the Senate or House version. Provided,
further, that upon the approval of two-thirds vote of the
entire membership of the Senate and the House separately taken any
Resolution, Bill, or Report may be referred to a Committee of Free
Conference. Provided, further, that any new matter
inserted in an Appropriation Bill by a Free Conference Committee
may be stricken upon motion carried by majority vote in either the
Senate or the House of Representatives and that all new matter,
including any appropriation which is in excess of the maximum
amount passed by either the Senate or the House, contained in a
report of a Free Conference Committee, must be italicized except
that in the event any question arises as to what constitutes new
matter the same must be resolved by the presiding officer of each
body.
Provided, further, it is always in order before
the adoption of the report of the Committee of Free Conference to
move to recommit it to the same Committee of Free Conference
notwithstanding that either House had adopted the report. If that
motion prevails (by a majority vote of either House) a message
must be sent to the other House informing them of that action.
Upon receipt of the message, notwithstanding the previous adoption
of report of the Committee of Free Conference, a motion is in order
to recommit the report to the same Committee of Free Conference.
RULE 5
NOTICE OF REJECTION TO BE SENT
When a Bill or Resolution or any other matter which has passed
in one House is rejected in the other, notice must be given to that
House in which the same has passed.
RULE 6
PAPERS TO BE INCLUDED WITH BILL
Each House shall transmit to the other all papers upon which any
Bill or Resolution or Report sent to it for consideration has passed.
RULE 7
RATIFICATION OF ACTS
All Bills that have been read three times in each House and have
been duly engrossed and become Acts must be returned into the
possession of the Clerk of that House in which the Bills originated.
A day for the ratification of them in the Senate Chamber must be
fixed by a message between the two Houses. At the time
appointed, the Speaker of the House, attended by the Clerk of the
House and Sergeant-at-Arms, in the official costume, with the
members of the House, shall repair to the Senate Chamber, the
Clerk of the House taking with him the House Acts which are to be
ratified. The Senate, with its officers, shall duly receive the House
and its officers, the Clerk of the Senate having in his possession the
Senate Acts which are to be ratified. At this time, the President of
the Senate and Speaker of the House shall interchangeably sign and
present to each other the Acts from their respective Houses by their
respective titles; and when they are all signed and ratified, they
must be left with the Clerk of the Senate, and the Speaker with the
House and its officers, shall retire to the Hall of the House. The
Clerk of the Senate shall immediately deliver the Acts to the
Governor for his action, making a note on each Act of the day and
hour of its delivery.
RULE 8
JOINT ASSEMBLIES
All Joint Assemblies for whatever purpose shall convene at the
hour set in the Concurrent Resolution adopted by both the Senate
and the House calling for the convening of the Joint Assembly.
Only matters set forth in the Concurrent Resolution setting the Joint
Assembly may be considered in the Joint Assembly and no
Concurrent Resolution may set a Joint Assembly less than three
calendar days in advance of the Joint Assembly.
RULE 9
VOTING IN JOINT ASSEMBLY
(A) In a Joint Assembly, when a vote is being taken, no member
may change his vote after it has been announced and recorded but a
member who did not vote when his name was called may do so
before the result has been duly announced.
(B) In all elections held by the Joint Assembly nominations to
fill the vacancies must be called for by the presiding officer, and all
seconds of nominations must be forwarded to the desk after the
presiding officer shall declare that `It appears to the Chair that no
further nominations are to be made'.
(C) Seconds to nominations are then in order until the motion to
`proceed to a ballot' is made and adopted. No nominations or
seconding speeches are allowed unless by previously arranged
Concurrent Resolutions providing for it.
(D) If there is only one nomination to fill any one vacancy, it is
permissible to elect and declare the election by viva voce
vote.
(E) In elections where there are more nominations than there are
vacancies, and the Presiding officers of each House consider it
necessary, there must be appointed on behalf of the Senate by the
President of the Senate such Senators and the Assistant Clerk of the
Senate and by the Speaker of the House of Representatives such
Representatives and the Assistant Clerk of the House of
Representatives who shall serve as tellers for the pending election.
The Reading Clerks of the respective Houses shall call the
respective rolls, but nothing in this rule shall prevent the House,
with unanimous consent from the Joint Assembly, from voting by
electronic means available in the Chamber at the time of the vote.
RULE 10
DOORS MUST BE CLOSED
In all elections in the Joint Assembly the doors of the Hall of the
House of Representatives must be closed and no person other than
members, Clerks, and attaches of the two Houses must be allowed
within the Hall of the House of Representatives; provided,
however, that the gallery must be open to visitors. The
Sergeant-at-Arms of the two Houses and the doorkeepers are
charged with enforcement of this rule.
RULE 11
COMMITTEE ON INVITATIONS
(A) There is created a joint committee to be designated as the
Committee on Invitations to be composed of six members, three of
whom must be appointed by the President of the Senate from the
members of that body and three of whom must be appointed by the
Speaker of the House of Representatives from the members of that
body.
(B) Invitations may be issued only to the Invitations Committee.
Any invitations extended to the General Assembly to attend any
functions held on a statewide legislative day between the hours of
eight o'clock a.m. and seven o'clock p.m. must be referred to this
committee at least ten days in advance in order that it may
determine what legislation or other pertinent matters may be
pending before the General Assembly and its committees before
action is taken on this invitation. The General Assembly may
accept only one invitation each day after six o'clock p.m. The
General Assembly shall accept no invitations to any functions other
than a breakfast or luncheon before six o'clock p.m. No invitations
to functions for the General Assembly as a whole may be accepted
after the third Thursday in May.
(C)(1) The committee shall not recommend the extension of an
invitation:
(a) to any person or group to address the Joint Assembly
or to appear unless the 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 General Assembly; or
(b) to any individual or group for any artistic performance
before the Joint Assembly during the established hours of meeting. (2) After recommending the extension of an invitation by a
report to the Senate and the House, both bodies must adopt a
Concurrent Resolution to officially extend an invitation to this
person or group.
RULE 12
METHOD USED FOR ENGROSSING,
AMENDING,
ENROLLING, OR RATIFYING BILLS
OR JOINT RESOLUTIONS
Any Bill or Joint Resolution may be engrossed, amended,
enrolled, or ratified by the use of necessary printed or typewritten
material, or a combination of them, which has been duly certified.
RULE 13
PROVISIONS OF THE GENERAL APPROPRIATION
BILL
AND SUPPLEMENTAL APPROPRIATION
BILLS
The General Appropriation Bill and Supplemental Appropriation
Bills shall include only provisions for appropriating funds,
provisions affecting revenue, and rules, regulations, and procedures
relative to it; and no provision of an Appropriation Bill, and no
amendment to it is in order unless its substantial effect is directly
germane to these purposes. No provision may be put in a
permanent part of this Bill unless it relates directly with an
appropriation being made or revenue provided in it for the fiscal
year referred to in the Bill. The provisions of this rule shall be
strictly construed and no precedents established, prior to January 1,
1986, in construing this paragraph may be considered. The
provisions of this rule must be narrowly and strictly construed with
regard to all provisions of and amendments to the General
Appropriation Bill and Supplemental Appropriations Bills.
RULE 14
PROCEDURE FOR PROCESSING
ADMINISTRATIVE REGULATIONS
(A) Upon the receipt from a state agency of administrative
regulations for legislative review pursuant to the Administrative
Procedures Act, the Lieutenant Governor and the Speaker of the
House shall have the regulations delivered to the Clerk of the State
Register for initial processing. The Clerk shall place the regulations
in a regulation cover and enter on the cover the name of the
promulgating agency, the chapter number assigned to the agency for
codification of its regulations, the statutory authority for
promulgating the regulations, a brief title, the dates the regulations
were received by the Speaker and the Lieutenant Governor and
based on the date of receipt, the expiration of the one hundred
twenty-day period which would allow the regulations to become
effective without legislative action. Separate and distinctive covers
must be used for the Senate and the House. Each set of regulations
relating to the same subject shall have a separate cover and be
assigned a document number which must be the same for identical
regulations submitted to both Houses. After entry of the above
preliminary information the Clerk of the State Register shall deliver
the regulations to the Clerks of the respective Houses. When the
Lieutenant Governor and the Speaker refer the regulations to a
standing committee, the Clerks of the respective Houses shall enter
upon the regulation cover the committee of reference, notify the
Clerk of the State Register of the committee referrals, and deliver
the regulations in the cover to the committee concerned. The
Clerks of both Houses shall have printed in their journals
appropriate information as to the receipt and reference of these
regulations.
(B)(1) When any standing committee takes action on regulations
referred to it, the committee shall notify the Clerk of the State
Register of this action. The Clerk of the State Register is
responsible for monitoring and coordinating legislative actions on
regulations between both Houses, and based on these actions, the
computation of revised legislative review expiration dates and
publication as final in the South Carolina State Register.
(2) If the committee introduces a Joint Resolution approving
or disapproving regulations, a copy of the regulation text must be
attached to the Resolution.
(C) Upon the receipt from a state agency of a letter of agency
action responding to a committee request to withdraw or resubmit a
regulation, the Lieutenant Governor and the Speaker of the House
shall have the letter of agency action delivered to the Clerk of the
State Register for processing. The Clerk shall attach the letter of
agency action and any resubmitted regulations to a cover sheet
stating the action, status, and revised expiration date. The Clerk of
the State Register shall deliver the documents to the Clerks of the
respective Houses. The Clerks of both Houses shall have printed in
their journals appropriate information as to the receipt and reference
of such regulations or agency action.
(D) Upon sine die adjournment in each year the Clerk of the
State Register shall notify standing committees of both Houses of
pending regulations, and the sine die revised
legislative review expiration dates.
(E) The Clerk of the State Register is responsible for preparation
and printing of regulation covers in a format approved by the
Lieutenant Governor and the Speaker of the House of
Representatives.
RULE 15
METHOD USED FOR EXPRESSING SYMPATHY
AND
CONGRATULATIONS WITH CONCURRENT
RESOLUTIONS
The Clerks of the House and Senate shall prepare forms for
Concurrent Resolutions expressing the sympathy or congratulations
of the members of both Houses. Any member wishing to sponsor
this Resolution shall forward in writing, on a form prepared by the
Clerks, information sufficient to prepare the Resolution. The Clerk
of the body where the Resolution is to be introduced shall prepare
the Resolution. Both the Speaker of the House and the President of
the Senate shall sign the Resolution on behalf of the membership.
These Resolutions may not be read to the House or Senate or
printed in their respective journals except upon the request of ten
members of that House.
RULE 16
CERTIFICATION OF BALANCE BETWEEN
APPROPRIATIONS AND REVENUE
Every General Appropriation Bill and Supplemental
Appropriation Bill for the ordinary expenses of state government
must, prior to third reading in both Houses and prior to final
concurrence by both Houses, and conference and free conference
reports must have attached to it a certificate from the Budget
Division of the Budget and Control Board and certification from the
Board of Economic Advisors stating that in their opinion the totals
of the appropriations in it provided for are not in excess of the
estimated total revenue of the State for those purposes, including
appropriations and revenue which may be provided for in the Bill
or any other Bill previously enacted for the fiscal year to which the
Appropriation Bill is applicable. Each General Appropriation Bill
and each Supplemental Appropriation Bill shall conform to the
requirements of Section 11-11-140, South Carolina Code of Laws,
as amended.
RULE 17
AMENDMENTS TO JOINT RULES
No provisions of these Joint Rules may be suspended, even by
unanimous consent. Amendments to the Joint Rules may be made
by Concurrent Resolution passed by both the Senate and House of
Representatives by a two-thirds vote of the entire
membership."
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