H*3001 Session 109 (1991-1992)
H*3001 Resolution, By D.E. McTeer, Fair, L.E. Gentry, Harvin, B.L. Hendricks,
T.E. Huff, J.W. Johnson, H.H. Keyserling, J.T. McElveen, J.W. Tucker and
Wilkins
A House Resolution to adopt the Rules of the House of Representatives for the
1991 and 1992 sessions of the General Assembly.
12/04/90 House Introduced and adopted HJ-22
12/04/90 House Debate interrupted HJ-80
12/05/90 House Amended and adopted HJ-3
Indicates Matter Stricken
Indicates New Matter
AMENDED
December 5, 1990
H. 3001
Introduced by REPS. McTeer, Wilkins, J.W. Johnson, Tucker,
Keyserling, Harvin, Hendricks, McElveen, Gentry, Fair and Huff
S. Printed 1/16/91--H.
Read the first time December 4, 1990.
A HOUSE RESOLUTION
TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES
FOR THE 1991 AND 1992 SESSIONS OF THE GENERAL
ASSEMBLY.
Amend Title to Conform
Be it resolved by the House of Representatives:
That the following rules are adopted as the Rules of the House of
Representatives for the 1991 and 1992 Sessions of the General
Assembly:
RULE 1
THE SPEAKER
SPEAKER PRO TEMPORE
1.1 The Speaker shall take the chair on every legislative day
precisely at the hour to which the House adjourned at the last sitting,
immediately call the members to order, cause prayer to be said, the
Journal of the previous proceedings to be corrected, and if a quorum be
present, proceed to other business.
1.2 The Speaker shall preserve order and decorum, and, in case of
disturbance or disorderly conduct in the galleries, or in the lobby, may
cause the same to be cleared. Any person guilty of contempt of the
House may be ordered into custody by the House and dealt with as it
deems proper.
1.3 If any member, in speaking or otherwise, transgresses the
Rules of the House, the Speaker shall call him to order, or any member
may call such transgressions to the attention of the Speaker who shall
call the transgressor to order. If repeated cries of order are ineffective,
the Speaker may call a member by name, and if the Speaker deems it
necessary, he shall state the offense committed. The member may be
heard in his exculpation and shall withdraw, and the House shall
consider his punishment or any further proceedings to be had.
1.4 The Speaker shall sign all acts, joint resolutions, memorials,
writs, warrants, and authorizations for payment or other papers
authorized by the House.
1.5 The Speaker shall decide all points of order, subject to an
appeal by any member. He may require the member raising a point of
order to cite the Rule or other authority in support of the question. Upon
appeal, no member shall speak more than once and for no longer than
twenty minutes each, except by permission of the House.
1.6 The Speaker shall vote in all cases (except when he may be
personally or pecuniarily interested or shall be excused). If with his vote
the House be equally divided, the question shall be decided in the
negative. The presiding officer may give information or explain any
matter before the House; he may speak on points of order in preference
to other members, and as often as he may deem necessary, but he shall
not enter into any debate or endeavor to influence any question before
the House while presiding.
1.7 The Speaker shall be elected on the opening day of the
organizational session or as soon thereafter as may be practical by the
membership of the House.
1.8 The Speaker Pro Tempore shall be elected either on the
opening day of the organizational session or as soon thereafter as may
be practical. The Speaker Pro Tempore shall preside in the absence of
the Speaker. Provided, the Speaker or the Speaker Pro Tempore,
whoever may be presiding at the time, may name a member to preside,
but such substitution shall not extend beyond an adjournment. In the
absence of the Speaker and the Speaker Pro Tempore for more than one
day, the House may elect a Speaker Pro Tempore to serve until the
return of the Speaker or Speaker Pro Tempore. When the Speaker Pro
Tempore is absent for more than three consecutive statewide legislative
days, the House of Representatives may elect an acting Speaker Pro
Tempore who shall serve until the return of the Speaker Pro Tempore.
The acting Speaker Pro Tempore may continue to serve on any
committee to which he has been appointed.
1.9 All committees shall be appointed by the Speaker, unless
otherwise provided for by law, except Senatorial and Gubernatorial
appointees and ex officio members of the House. The Speaker shall
name the members constituting each committee in alphabetical order,
and the Chairman shall be elected by the several committees. The
committee may at its discretion elect a Vice-Chairman and such other
officers as it may choose.
1.10 The Speaker is responsible that all amendments ordered by the
House be correctly made and that the attention of the House be called to
all amendments made by the Senate since the matter was before the
House. All Senate amendments to matters previously considered by the
House and all House amendments to matters previously considered by
the Senate shall, after adoption, be printed by use of distinctive type and
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 and Assistant Sergeant at
Arms
2.1 The Clerk shall be elected by the membership of the House for
a term of two years. This election will take place on the opening day of
the organizational session or as soon thereafter as may be practical.
2.2 The Clerk of the preceding session shall, at the beginning of
the organizational session of the Legislature, call the members to order,
proceed to call the roll of members in alphabetical order, and pending
election of a Speaker, Speaker Pro Tempore or temporary officers,
preserve order and decorum, and decide all questions of order subject to
appeal by any member. The duties of this section may be delegated by
the Clerk to any member of the House.
2.3 The Clerk shall cause to be kept a correct Journal of the
proceedings of the House, and this Journal shall be numbered serially
from the first day of each session of the Legislature. He shall not permit
any books or papers belonging to the House to be taken out of his
custody other than in the regular course of business and then upon
receipt when he deems necessary. He shall report any missing papers to
the Speakers.
2.4 The Clerk of the House shall cause to be prepared and laid on
the desks of the members, every morning, an itinerary of the day's
business, to be called the Calendar. This Calendar shall include the
orders of the preceding day and all continued matters arranged according
to priority, and numbered from the commencement of the session, every
matter being introduced and newly numbered after every new order upon
it.
2.5 The Clerk shall assist, under the direction of the Speaker, in
taking roll call or division votes.
2.6 The Clerk shall issue all pay certificates for per diem and
mileage and incidental expenses upon the order of the House or of the
Speaker, the signature of the Speaker being attested by the Clerk. He
shall also attest to all writs and warrants issued by order of the House,
and to the passage of all bills, resolutions and memorials.
2.7 The Clerk shall prepare in writing, present to the Speaker for
his signature, and send all messages to the Senate and elsewhere as
ordered by the House.
2.8 The Clerk shall also be charged with the duty of having
executed, in a prompt and accurate manner, all the printing required by
the Rules or orders of the House.
2.9 The Reading Clerk shall be elected by the membership of the
House for a term of two years. This election will take place on the
opening day of the organizational session or as soon thereafter as may
be practical.
2.10 The Reading Clerk shall read all papers to be read at the desk,
which the Speaker may direct him to read and shall assist in taking any
roll call votes at the Speaker's direction. Upon the ordering of a roll call
vote, or upon a quorum call, the electric roll call system is to be used
following the procedure of Rule 7.3. When the electric 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 electric roll call, the electric roll call 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 electric roll call, the
electric 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 electric 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 electric roll
call 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 Assistant 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.
2.17 The Assistant Sergeant at Arms shall assist the Speaker and
Sergeant at Arms in performing such duties as they may direct.
2.16 The Sergeant at Arms may designate, subject to the
approval of the Speaker, other staff members of the House to assist the
Speaker and the Sergeant in performing such duties as they may direct,
in accordance with Chapter 3 of Title 2, Code of Laws of South
Carolina, 1976.
RULE 3
MEMBERS AND MEMBERSHIP
3.1 Every member shall be within the House Chamber during its
sittings unless excused or necessarily prevented, and may vote on each
question put, except that no member shall be permitted to vote on any
question immediately concerning his private rights as distinct from the
public interest.
3.2 The Speaker may excuse any member from attendance on the
House and its committees for any stated period upon reason shown, and
such excused absence shall be transmitted to the member in writing and
noted in the Journal.
3.3 Any member absenting himself from attendance on the House
or its committees and having in his possession any original papers
relating to the business before the House, shall leave such original
papers with the Clerk before departing from the Capitol.
3.4 Any member who enters after the roll call at the opening of
the daily session and notifies the Clerk in writing shall thereafter be
shown as present for such day. Provided, that no person except those
recorded present shall be eligible for subsistence for that day.
3.5 In cases of contest for a seat in the House, notice setting forth
the grounds of such contest shall be given by the contestant to the House
within three calendar days after the House first convenes, and in such
case, the contest shall be determined by majority vote as speedily as
reasonably possible.
3.6 When the House is called to order, every member shall take
his seat and shall act with decorum. If a member shall be called to order
while speaking, he shall immediately take his seat until the question of
order be decided, unless allowed to proceed upon explanation. If the
decision be in favor of the member, he shall proceed; if otherwise, he
shall not proceed without leave of the House; and if the case requires it,
he shall be liable to such other proceedings as the House may take.
Every member, when about to speak, shall rise from his seat and
respectfully address himself to "Mr. Speaker," and shall
avoid disrespect to the House or the Senate, and all personalities;
observe decency of speech; and he shall confine himself to the question
under consideration, be such question an amendment, a Bill, or
Resolution.
The Speaker, when duly addressed by a member, shall hear from the
member who, in the Speaker's opinion, shall arise first, by identifying
the member. The Reading Clerk shall not turn on any member's
microphone until the Speaker has recognized that person.
3.7 No employee or attache of the House shall, directly or
indirectly, interest or concern himself with the passage or consideration
of any measure whatsoever. If any employee or attache so interests or
concerns himself with any measure, it shall be grounds for summary
dismissal.
3.8 No member shall speak more than twice on the same question
without leave of the House, except merely to explain his meaning, even
if the debate on the question should be continued for many days. In the
case of a matter requiring more than one reading, this limitation applies
separately to each reading, provided, however, notwithstanding that a
matter may move from the uncontested to contested calendar or vice
versa within the same reading, the limitation applies to the entire
reading. If a member has the floor and is addressing the body, he shall
not lose the floor by asking a question of any member of the body.
3.9 If any member shall be absent without leave and a quorum is
not present, the Speaker shall instruct the Sergeant at Arms or appoint
other authorized persons to send for such member or members and take
them into custody. The outer doors to the chamber shall be closed. The
Speaker shall order that security personnel shall be posted at the outer
doors of the chamber and no member shall be permitted to leave the
second floor of the State House without written leave of the Speaker.
The Speaker may also order that security personnel be posted at all
entrances to the State House to prevent members from leaving without
authorization. An absent member who is taken into custody after the
invocation of this rule shall pay for all reasonable expenses incurred,
which shall include mileage at the prevailing rate for state employees
and a ten dollar custody fee. In addition, such absent member who is
taken into custody shall forfeit his entitlement to subsistence and
mileage for that legislative day and shall be subject to any additional
penalties the House deems necessary. Should a quorum be present and
ten members request, such absent member or members shall be sent for
as herein provided and subjected to the same penalties. The Speaker
shall strictly enforce the provisions of this rule. Provided, however, in
the case of a member not being present when Rule 3.9 is invoked and
such member voluntarily returns without being taken into custody, he
shall not be subject to the penalties of this section.
3.10 As soon as practicable, after the House has been organized,
the seats of the members shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its name
printed on it. These shall be put in a closed box. The Speaker shall then
direct a person or persons to draw them out, one by one. As each ballot
is drawn, the delegation from that county shall select their seats, in
accordance with the county in which the member resides. In the event
a member's district consists of more than one county, the member may
elect to be seated with the delegation the member desires, provided the
member indicates the preference to the Clerk of the House prior to
balloting. No delegation may select more than one seat on the main
aisle.
3.11 As soon as practicable, after the House has been organized,
office space of members shall be allotted as follows:
The Clerk shall prepare a ballot for each county with only its name
printed there on. Ballots shall be placed in a closed box and the Speaker
shall then direct a person or persons to draw them out one by one. After
each ballot is drawn, the members from that county shall select their
office space in accordance with the county in which the member resides
based on a floor plan prepared by the House Operations and
Management Committee. In the event a member's district consists of
more than one county or parts of more than one county, or represents a
county with only one district, the member concerned may select office
space with or adjoining the delegation the member desires provided the
member indicates his preference to the House Operations and
Management Committee prior to balloting and, providing that space in
the area selected by a particular county is available, provided, however,
in order to contain the cost of office relocation, a member who has
served in the immediately preceding session shall have first preference
on retention of his previously assigned office. This preference must be
stated before ballots for offices are drawn. If such re-elected member
does not express a preference for his old office, he must ballot by county
for his office in the manner above specified. The House Operations and
Management Committee is authorized to make necessary adjustments in
the assignment of office space with the consent of the Speaker when
available space cannot be reasonably adjusted to conform with the
county selections made pursuant to this subsection.
The provisions of this rule shall not apply to office space for the
Speaker, Speaker Pro Tempore, Chairman of the Rules Committee,
Chairman of the Invitations and Memorial Resolutions Committee,
Chairman of the Interstate Cooperation Committee and Chairmen of any
other standing study committees or any other caucus having assigned
space in the Blatt Building.
3.12 In addition to the actions permitted by Section 8-13-250 of the
1976 Code, any member of the House who, while serving as a member
of the House, is indicted in a General Sessions Court or a Federal Court
for a crime that is a felony, a crime that involves moral turpitude, a
crime that has a sentence of two or more years, or a crime that violates
election laws, shall be suspended by the Speaker of the House
immediately. This suspension will remain in effect until said House
member is acquitted or convicted. In case of conviction, the office shall
be declared vacant.
If an election for members of the House intervenes between the time
of the suspension and final conclusion of the indictment, the Speaker
shall again suspend him at the beginning of the session. The suspended
House member will not, at any time, participate in the business of the
House.
RULE 4
COMMITTEES
4.1 Committee appointments: see Rule 1.9.
4.2 As soon as practicable after the members have been sworn in
and have taken their seats, the following Standing Committees, except
the House of Representatives Legislative Ethics Committee, shall be
appointed to serve until the next general election with the indicated
number of members appointed thereto:
1. Committee on Ways and Means -- 25.
2. Committee on the Judiciary (Privileges and Elections) -- 25.
3. Committee on Agriculture, Natural Resources, and
Environmental Affairs (Fish, Game, Forestry, State Parks, Rural
Development, Environmental Affairs) -- 18.
4. Committee on Education and Public Works (Education,
Highways, State House and Grounds, Railroads, Aviation) -- 18.
5. Committee on Medical, Military, Public and Municipal
Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital,
Police
Regulations, Military Affairs, Veteran's Affairs) -- 18.
6. Committee on Labor, Commerce and Industry (Labor,
Commerce and Manufacturing, Banking and Insurance, Merchants and
Mercantile Affairs) -- 18.
7. Committee on Rules -- 15.
8. Committee on Interstate Cooperation (membership limited to
5, under 1976 Code, Section 1-17-30) -- 5.
9. House of Representatives Legislative Ethics Committee -- 6.
10. Committee on Invitations and Memorial Resolutions
(Invitations, Resolutions memorializing the Federal or State Government
or any official or agency thereof, sympathy, and congratulatory
resolutions) -- 5.
11. Committee on Operations and Management of the House
of Representatives (Advisory to the Speaker on personnel,
administration and management of facilities, including management of
the Blatt Building) -- 7.
Each member shall serve on one and only one of the first six
Standing Committees listed above. However, a member of these
Committees may also serve on one of the following Committees:
Committee on Rules, Committee on Interstate Cooperation, Committee
on Ethics, Committee on Invitations, or Committee on Operations and
Management of the House of Representatives. The Speaker, Speaker
Pro Tempore and Clerk shall serve as ex officio members of the
Committee on Operations and Management of the House of
Representatives but no chairman of any other standing committee shall
serve as a member of such committee.
Provided, that the members of the Standing Committee 11, entitled
Committee on Operations and Management of the House of
Representatives (advisory to the Speaker on personnel, administration
and management of facilities) -- 7, shall be elected by the members of
the South Carolina House of Representatives, their terms to be
coterminous with their respective term of office.
Provided, that the Committee on Education and Public Works shall
be deemed to be the Committee on Education, and the Committee on
Medical, Military, Public and Municipal Affairs shall be deemed to be
the Committee on Military Affairs and the Committee on Medical
Affairs, in all cases where the statutes provide for the Chairman of these
committees to perform ex officio duties.
Provided, that the Committee on Operations and Management of the
House of Representatives may formulate such policies as it deems
advisable relating to House personnel. Such policies shall be distributed
to the members and must be adopted by majority vote of the House by
House Resolution. No member shall be appointed on a committee
before he has been sworn in and has taken his seat. Any member who
is sworn in after the general announcement of the committee shall,
within a few days afterward, be placed by the Speaker on a Standing
Committee whose number of members will not thereby be extended
beyond the number provided in these Rules.
After a committee has been appointed, no addition to it or change
shall be made, except to fill a vacancy or to excuse a member.
Provided, that in filling a vacancy, the assignment of any member
may be changed from another committee to fill such vacancy.
Provided, further, that except as herein provided neither the Speaker
nor Speaker Pro Tempore shall be a member of any of the foregoing
Standing Committees.
4.3 Unless otherwise ordered, committees shall have jurisdiction
only over matters pertaining to the subjects indicated by the names of
the respective committees, and to the subject matter indicated in
parenthesis following the names.
4.4 Committees shall meet regularly to consider pending
legislation in the room assigned for their use by the Speaker. Notice of
date, time and place of such meetings shall be posted on a bulletin board
provided for this purpose in the lobby. Whenever feasible twenty-four
hour advance notice shall be given for all committee meetings. Such
notice shall be mailed to the members by the committee chairmen when
the House is not in session. Notice of regular and special meetings shall
also be given by the administrative assistants to each member of the
committees and to the Sergeant at Arms in the manner the committee
deems proper. Information as to subcommittee meetings shall be
provided by the administrative assistants to the Sergeant at Arms and
shall be available at the Sergeant at Arms' desk. Failure of notice of any
meeting shall not invalidate committee action unless bad faith is shown.
No committee shall meet while the House is in session without special
leave. If a Committee or a Subcommittee thereof requests such special
leave, the request shall be considered by the House immediately, is not
debatable and may be granted by a majority vote of those members
present and voting, provided, however, that the Committee on Rules and
any committee of conference or free conference, may sit at any time and
may report at any time when a message might be received.
No committee shall sit unless a quorum be present and all bills
introduced by committees must carry the statement of the Chairman that
the bill has the approval of two-thirds of the membership of the
committee, except that the State Appropriations Bill and the Deficiency
Appropriations Bill may be introduced by a majority vote of the Ways
and Means Committee.
No committee shall introduce a bill pertaining to subject matter over
which it has no jurisdiction.
No bill, except a committee bill, shall be considered by the House
until one week after the date of its first reference to a committee except
those bills which have been prefiled in accordance with Rule 5.1 and
any bill which has been recalled by the House. Notice in writing of all
public hearings shall be given by Committee Chairmen to the Clerk of
the House at least five calendar days prior to the date fixed for the
hearing, such notice to be published in the House Calendar. Notice in
writing of all Committee Action taken on a bill or resolution shall be
given to the principal author thereof.
No statewide bill directly appropriating money shall be considered
by the House until after such bill has been referred to the Ways and
Means Committee, provided, however, a statewide bill which directly or
by implication provides for per diem, subsistence or mileage in
connection with the subject matter of the bill, but does not otherwise
directly appropriate money, shall not be required to be referred to the
Ways and Means Committee.
After the House sets a bill for Special Order pursuant to Rule 6.3, no
point of order may be raised regarding its reference to committee,
however, the House by majority vote may commit or recommit a bill or
other matter under debate.
No committee action may be taken on a bill or resolution except at
a regular or called meeting, but this shall not apply to resolutions
referred to the Committee on Invitations and Memorial Resolutions.
When any standing committee or subcommittee schedules a public
hearing on a bill or resolution, the principal sponsor of such bill or
resolution shall be notified of the time and place of such hearing not less
than five days prior to the hearing date.
4.5 All meetings of all committees shall be open to the public at
all times, subject always to the power and authority of the Chairman to
maintain order and decorum with the right to go into Executive Session
as provided for in the South Carolina Freedom of Information Act, Title
30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended.
No committee shall file a report unless the committee has met
formally at an authorized time and place, with a quorum present. All
standing committees of the House shall prepare and make available for
public inspection, in compliance with Section 30-4-90 of the 1976 Code
of Laws of South Carolina, as amended, the minutes of full committee
meetings. Such minutes need not be verbatim accounts of such meetings
but shall include those matters required by the above-mentioned
Freedom of Information Act.
4.6 After twenty days from the date of reference, the Chairman of
the Committee in possession of a measure shall, upon written request of
an introducer or, in the case of a Senate measure, a House member, set
a time for consideration of the measure by the full Committee which
shall be no later than seven legislative working days thereafter.
4.7 Each report of a committee shall contain the action of the
committee on the bill or other measure being transmitted. Such report
shall certify the action by the committee and shall be signed by an
officer of the committee.
4.8 Any bill, report, petition or other paper except an amendment
which may come before the House, may be committed or recommitted
before a final decision thereon.
4.9 In all cases the House may resolve itself into a Committee of
the Whole House, and in such event the Speaker shall leave the Chair
after appointing a Chairman to preside, who shall, in case of disturbance
or disorderly conduct, have the power to cause same to be cleared. No
bill or resolution may be considered by the Committee of the Whole
House, except by a two-thirds vote, unless same has first been
considered by the appropriate Standing Committee of the House.
4.10 The Committee of the Whole shall consist of the entire body
of members in attendance at the particular meeting of the House. Such
committee is a real committee in the parliamentary sense. During the
time that a meeting of the Committee of the Whole is held, it is
technically not "the assembly." The parliamentary steps in
making use of a Committee of the Whole are essentially the same as
those involved in referring a subject to an ordinary committee.
4.11 The Rules of the House so far as they are applicable, shall be
observed in a Committee of the Whole, the Chairman being substituted
for the Speaker.
4.12 No committee of the Whole or other committee shall deface
or interline a bill or other paper, referred to it, but shall report any
amendments recommended on a separate paper, noting the page and line.
4.13 No person shall be permitted to address the House, or the Joint
Assembly, except by written resolution, and such resolution shall be
referred to the Committee on Invitations and Memorial Resolutions
before being considered by the House. The Committee shall not extend
an invitation: (1) to any person or group to address the House or the
Joint Assembly or to appear unless such person or group is of significant
national or state prominence at the time the invitation is extended and
will bring a message of major importance to the State or (2) to any
individual or group for any artistic performance during the established
hours of meeting.
Any invitations extended to the House as a whole to attend any
functions shall be submitted to the Committee on Invitations and
Memorial Resolutions at least 10 days in advance in order that it may
determine what legislation or other pertinent matters may be pending
before the House and its Committees before the invitation is accepted.
The House shall accept no invitations to any functions other than a
breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to
attend such functions. No invitations to functions for the House as a
whole will be accepted after the third Thursday in May.
4.14 No member of a committee shall be allowed under any
circumstances to vote by proxy; however, pairing shall be allowed.
4.15 None of the House Rules shall be rescinded, suspended or
altered, except by written resolution which has been referred to the
Rules Committee, and agreed to by two-thirds of the members present,
after the committee has made its report. Provided that any rule may be
amended by a simple majority until the last Thursday in January, 1991.
4.16 a. The House of Representatives Legislative Ethics
Committee, created by Act 191 of 1975, shall have the following duties
in addition to those provided for in such act:
(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 referral by the Speaker of any
matter in which there is an allegation of conduct in contempt of the
House or otherwise violates the House rules, the committee shall
conduct a hearing and report its findings to the Speaker.
b. All papers, documents and proceedings relating to
conduct or disciplinary action against members shall be confidential and
handled in the manner prescribed in Section 18 of the Rules on
Disciplinary Procedure for Attorneys unless made public by the
committee in a report to the House of Representatives.
c. Lobbyists (as defined in Chapter 17 of Title 2, Code of
Laws of South Carolina, 1976), registered or required by law to be
registered with the Secretary of State shall be required to file the same
information with the Ethics Committee of the House of Representatives.
4.17 The Standing Committees may order to be printed for their
use, such papers as shall be referred to them.
4.18 The House shall not resolve itself into Executive Session
except under those circumstances permitted by the laws of this State, and
then only upon a vote of two-thirds of the membership present and
voting, a quorum being present. Upon resolving itself into Executive
Session the Halls of the House shall be cleared of all persons except the
members of the House, the Clerk of the House and the Sergeant at Arms.
No action shall be taken which violates the Statutory Law of this
State and when such action is permissible it shall only be taken upon a
two-thirds vote of the membership present and voting, a quorum being
present.
RULE 5
BILLS, RESOLUTIONS AND REPORTS
5.1 No notice shall be required of a member of his intention to
introduce a bill or resolution. Any member may introduce bills or
resolutions which shall be received by the House staff whether or not the
House is in session. Bills and resolutions so received shall be
periodically referred by the Speaker of the House to the appropriate
committee or committees which may then consider them at such times
as the committee meets. Any matter acted upon favorably by any
committee may be reported out by the committee when the House
reconvenes and need not thereafter be sent to any committee but shall
then be ready, upon compliance with other Rules of the House, for
second reading consideration; provided, however, that bills
appropriating revenue shall be referred to the Ways and Means
Committee. Provided, further, that bills and resolutions creating study
committees shall first be referred to the appropriate standing committee
having jurisdiction of the subject matter of the bill or resolution.
The Clerk of the House shall establish procedures to notify the House
membership on a monthly basis of bills and resolutions introduced
during periods when the journal is not printed.
All bills received prior to the first day of the convening or
reconvening of the General Assembly shall receive first reading on the
first day of the session.
In those years in which all seats of the House are up for election, no
bill shall be received for prefiling between the dates of adjournment sine
die and the date of completion of the Organizational Session of the
House.
When the House of Representatives is not in session and bills are
being prefiled and assigned to committees, any member who wishes to
have their name added as a sponsor of a bill may do so by notifying the
Clerk of the House in writing. The Clerk shall then notify the Chairman
of the committee to which the bill has been assigned and their name
shall be added. If a member wishes to sponsor a bill individually then
they shall so indicate on the face of the bill and no additional sponsors
shall be allowed.
5.2 Every bill, before presentation, shall have its title endorsed;
every report, its title at length, every petition, memorial, or other paper,
its prayer or substance; and, in every instance, the name of the member
presenting any paper shall be endorsed, and the papers shall be presented
by the member to the Speaker at the desk. After a bill or resolution has
been presented and given first reading, no further names of co-sponsors
may be added.
And every bill or joint resolution which shall propose the amendment
or repeal of any Section, Chapter or Title of the General Statutes or of
any Act of Assembly or Joint Resolution, shall, in its title express the
subject matter of such Section, Chapter, Title, Act or Joint Resolution,
so sought to be amended or repealed. If this be not complied with, the
paper shall not be received by the Speaker and objection may be raised
by any member to such improper introduction at any time prior to third
reading that the bill or resolution is being considered by the House.
Every bill or joint resolution proposing to amend any Section or
clearly identifiable subdivision or portion of a section of any Chapter of
the General Statutes, or of any Act of Assembly or Joint Resolution,
shall give the full text of the Section or clearly identifiable subdivision
or portion of a Section as it would read with such amendment inserted
therein. And if this latter clause of this Rule be not complied with, the
Bill or Joint Resolution shall be amended so as to conform to this Rule
before it be considered by the House. Any member may require such
amendment at any time a bill or resolution not in conformance herewith
is being considered by the House.
5.3 Every General Appropriation Bill and Supplemental
Appropriation Bill for the ordinary expenses of State Government before
presentation shall have attached thereto a certificate from the
Comptroller General 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 Appropriation Bill
without such certificate shall not be read the first time in the House, but
shall be returned to the Committee on Ways and Means by the Speaker.
The General Appropriation Bill and Supplemental Appropriation Bills
shall include only provisions for appropriating funds, provisions
affecting revenue, and rules, regulations, directives and procedures
relative thereto; and no provision of an Appropriation Bill, and no
amendment thereto, shall be in order unless its substantial effect is
directly germane to these purposes. No provision shall be put in a
permanent part of any such bill unless it relates directly with an
appropriation being made or revenue provided therein for the fiscal year
referred to in the bill. The provisions of this paragraph shall be narrowly
and strictly construed with regard to all provisions of and amendments
to the General Appropriation Bill and Supplemental Appropriations
Bills.
After passage on second reading and before its consideration on third
reading, every General Appropriation Bill and every Supplemental
Appropriation Bill shall have attached thereto a certificate from the
Comptroller General 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.
All State Appropriation Bills must be printed at each stage in their
passage, so that:
a. The House Ways and Means Committee version of the
Appropriation Bill must include the amounts appropriated for the current
year, the amounts recommended by the Budget and Control Board, and
the amounts recommended by the Ways and Means Committee.
b. The House version of the Appropriation Bill must include the
amounts appropriated for the current year, the amounts recommended by
the Ways and Means Committee, and the amounts passed by the House.
c. The Report of Conference or Free Conference Committee
must include the amounts passed by the House, the amounts passed by
the Senate, the amounts agreed upon by the Conference Committee, and
the amounts appropriated for the current year.
d. The Appropriation Act must include total funds approved for
the next fiscal year and a listing of appropriations from the General
Fund.
Provided, further, that the full salary of the principal officer of each
department, agency, or institution shall be set forth as an item distinct
and apart.
Provided, further, that minor budget classifications or other
descriptive terminology may be used when necessary to better express
the purpose of the appropriation.
Provided, further, that where the major portion of the operating funds
to any department, institution or principal operational division thereof
is derived from Federal or other nonappropriated funds, the total
appropriation for each major budget classification may be shown and the
relative contributions of State and nonappropriated funds therefor shall
be shown as completely as possible.
Provided, that the appropriations must be in conformity with the
program budget format as adopted by the Ways and Means Committee.
Provided, further, that any bill or resolution considered by the
House of Representatives, upon second reading, that raises revenue must
conform to the provisions of Article III, Section 15 of the South Carolina
Constitution.
5.4 No bill or amendment providing an appropriation to pay a
private claim against this State or a department thereof shall be
introduced or considered.
5.5 No bill or joint resolution shall be introduced as a delegation
bill or resolution unless such bill or resolution related only to local
matters concerning the county which such delegation represents.
5.6 Except as provided in subsection 5.1, the first reading of the
bill shall be by title only. No amendments shall then be in order and the
bill shall be referred to some committee, unless the House unanimously
agree, without debate, to dispense with reference.
5.7 Upon the second reading of a bill, after all amendments and
privileged motions have been disposed of, the question shall be the
passage of the bill. Upon a decision in the affirmative, the order shall
be made accordingly and the bill shall take its place on the calendar for
third reading.
5.8 At the third reading of a bill, the bill shall be read by its title
only.
If the bill originated in the House, the question then shall be the
passage of the bill. On a bill which originated in the Senate, if no
amendment has been made by the House, the question shall be the
passage of the bill and in the case of an affirmative vote the title
"Bill" shall be changed to an "Act" and the Act
shall be enrolled for ratification.
If the bill has been amended in the House the question shall be the
passage of the bill as amended and in the event of an affirmative vote the
bill as amended shall be returned to the Senate.
5.9 All bills and resolutions reported by a committee shall as a
matter of course, be printed, together with the report of a committee. A
bill or joint resolution shall be reprinted following its second reading, if
amended by the House, reflecting the substance of the bill in its
amended form. Every Committee Report which amends the provisions
of legislation referred to such Committee shall give the full text of the
Section or clearly identifiable subdivision or portion of a section as it
would read with such amendment inserted therein. If this rule is not
complied with, the bill or joint resolution shall be amended so as to
conform to this Rule before it is considered by the House. This shall be
the responsibility of the Committee Chairman.
5.10 No bill or joint resolution shall receive a second reading
unless printed copies of the same shall have been laid on the desks of
members at least one day prior to such reading. Provided, no General
Appropriation Bill or Supplemental Appropriation Bill for the ordinary
expenses of the State Government shall receive a second reading unless
printed copies of such Appropriation Bill shall have been laid on the
desks of members at least three legislative days prior to each reading.
Provided, further, that no statewide bill or joint resolution shall receive
a second reading unless printed copies of the same shall have been laid
on the desks of members at least one statewide legislative day prior to
such reading.
5.11 Any bill, resolution, report or other paper which has been
under consideration, may, at the Speaker's discretion, be ordered to be
printed for distribution to the members.
5.12 That no statewide bill or resolution, except an appropriations
bill, general or deficiency, or a joint resolution approving or
disapproving regulations of a state agency shall be considered unless (1)
such legislation is introduced in the House prior to April fifteenth of the
year in which it is to be considered or (2) such legislation shall have
been introduced in the Senate and received prior to May first in the
House, unless in either event it was introduced in the previous year and
was carried over to the year in which it is to be considered; provided,
however, that nothing herein shall prevent a statewide bill or resolution
from being received, given first reading and referred to the appropriate
committee. No such bill or resolution shall be placed on the calendar for
further consideration unless two-thirds of those members present and
voting agree to waive the rule. Once voted on and rejected, no further
vote shall be allowed to waive this Rule.
The motion to waive this rule shall not be debatable except that the
mover shall have the right to make a three minute explanation of his
motion.
The provisions of this Rule shall apply only to regular sessions of the
General Assembly as opposed to special sessions of the General
Assembly.
The Speaker or Presiding Officer shall enforce the deadlines
provided by this Rule and shall not allow consideration without putting
the question of waiver before the House.
5.13 Each bill affecting the expenditures of money by the State
shall, prior to receiving second reading, have attached to it in writing
such comment of the State Auditor as may appear appropriate regarding
its effect on the finances of the State. Provided, however, this Rule shall
not be invoked where the amount is shown in the bill. Committee
Chairmen shall satisfy this requirement prior to reporting a bill out of
committee.
5.14 The printing of any document required to be printed under the
Rules of the House may specifically be dispensed with by two-thirds
vote of the membership present and voting of the House, a quorum being
present; provided, such vote shall be by roll call vote; provided,
however, the printing of any bill which has not been referred to
committee shall not be waived.
5.15 No report of a Committee on Conference or Free Conference
except on local matters shall be considered until such report has been
printed in the Journal and explained by the Conferees on the floor of the
House.
5.16 Should any member seek immediate consideration of any
House or Concurrent Resolution, the Resolution shall receive immediate
consideration unless five members object. If immediate consideration
of such Resolution is not sought, or in the event five members do object
where immediate consideration is sought, the Resolution shall be
referred to an appropriate committee and shall not be considered by the
House until after the committee has made its report and at that time shall
take its place on the calendar.
A House or Concurrent Resolution sponsored by a committee shall
receive immediate consideration if so requested by a member unless five
members object in which case it shall take its place on the calendar
without the necessity of being referred to a committee. Such Resolution
shall be printed in the same manner as is prescribed in Rule 5.9 for the
printing of bills.
Provided, however, the Clerk shall prepare forms for House
Resolutions expressing the sympathy or congratulations of the members
of the House. Any member wishing to sponsor such a resolution shall
forward in writing on a form prepared by the Clerk information
sufficient to prepare the resolution. The Clerk shall prepare the
resolution. The Speaker shall sign the resolution on behalf of the
membership. Such resolutions shall not be read to the House or printed
in the Journal except upon the request of ten members. The Speaker
may refer any such resolution to the Committee on Invitations and
Memorial Resolutions and, in such event, the Resolutions must be
approved by the Committee or if the Committee recommends, by the
House.
5.17 Upon the consideration of any uncontested bill or joint
resolution an objection by three (3) members at any time shall prevent
the consideration of such bill or resolution and it shall then be placed
upon the contested calendar and remain thereon until one (1) or more
objections are formally withdrawn from the floor, and if there are not
further objections entered at that time bringing the total number of
outstanding objections to three (3) or more, such bill or resolution shall
then receive immediate consideration if there is any time remaining in
the applicable period for that day for that bill or resolution.
5.18 If any bill or resolution shall be recommitted or referred to the
same committee or another committee retaining its place on the calendar,
the same may be listed on the calendar by number only until it is
returned to the floor for debate or such action as may be appropriate.
Any bill, resolution or report upon which debate has been adjourned
may be listed on the calendar by number only until the date for
consideration has been reached.
5.19 a. No member shall speak more than twice on the main
question of a bill or resolution being considered for any reading and not
longer than sixty minutes for the first speech nor longer than thirty
minutes for the second speech, unless allowed to do so by the
affirmative vote of a majority of the members present and voting; nor
shall he speak more than twice upon an amendment or a motion to
reconsider, and then not longer than ten minutes each time. The House
may, however, by consent of a majority of the members present and
voting suspend the operation of this rule during any debate on any
particular question before the House.
b. Subsection a. of this rule shall be applicable on a section by
section basis on debate upon the General Appropriation Bill, the
Supplemental Appropriation Bill, or the bond bills but shall not apply to
bills on reapportionment.
5.20 Notwithstanding the provisions of any other House rule, no
House or Concurrent Resolution memorializing the Congress of the
United States, the President of the United States, or any state or federal
department, agency, or official shall receive immediate consideration but
shall be referred to the Committee on Invitations and Memorial
Resolutions and shall remain in such committee unless three members
of the committee vote to report the resolution out of committee. No such
resolution may be recalled from committee.
RULE 6
DAILY ORDER OF BUSINESS AND CALENDAR
6.1 The House shall meet each legislative day at 12:00 Noon
every Tuesday, 10:00 a.m. every Wednesday and 10:00 a.m. every
Thursday and Friday unless otherwise ordered by the House. Provided,
that by motion made at any time the House by majority vote may fix the
day and hour at which time the House shall next meet (not to exceed
constitutional limitations) and this shall be decided without debate.
Provided, further, that during the first six weeks of the Legislative
sessions, unless a majority of the House members present object the
House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring
a time for committees to meet and hearings to be held. This 2:15 p.m.
adjournment on Tuesdays shall not apply when the General
Appropriations Bill is under consideration by the House.
Provided, further, that during the first six weeks of Legislative
sessions, unless a majority of the House members present object, on
Wednesdays the House shall meet at 2:00 p.m. to provide time in the
morning hours for committees to meet and hearings to be held. On
Thursdays during the first six weeks the House shall meet at 10:00 a.m.
Provided, further, that unless a majority of the House members
object, the House shall recede at 1:00 p.m. for luncheon and reconvene
at 2:15 p.m. This proviso shall not apply when the House is debating on
Special Orders.
Provided, further, that unless ordered otherwise the House shall
consider only local uncontested matters on Friday of each week.
6.2 All questions as to priority of business, or as to the time when
any matters shall be considered or ordered for consideration and as to a
departure from the regular order of business shall be decided without
debate.
6.3 When the House shall not direct a different course, which, at
any time, in any particular not forbidden by these Rules, it may do, the
following order of business shall be enforced every day by the Speaker,
except that Special Orders as defined in subsection 14a. of this Rule
shall be considered at the time and place set.
1. a. Prayer.
b. Pledge of Allegiance to the flag of the United States of
America.
2. Corrections to the Journal.
3. Receipt of communications including messages from the Senate.
4. Reports of Committees including Conference and Free
Conference.
5. First reading of House Resolutions, Concurrent Resolutions,
Committee Reports on Resolutions, Joint Resolutions and Bills upon the
desk.
6. Call of the roll of the House.
7. a. Consideration of local uncontested bills and joint resolutions
on third reading.
b. Consideration of local uncontested bills and joint
resolutions on second reading.
8. a. Consideration of statewide uncontested bills and joint
resolutions on third reading.
b. Consideration of statewide uncontested bills and joint
resolutions on second reading.
9. Withdrawal of objections.
10. Consideration of pending motions to reconsider.
11. a. Consideration of unanimous consent requests.
b. Consideration of local contested bills and joint resolutions
on third reading.
12. Consideration of statewide contested bills and joint
resolutions on third reading in the order in which they appear on the
Calendar.
13. a. Motion period.
b. Consideration of local contested bills and joint resolutions
on second reading.
14. Consideration of statewide contested bills and joint
resolutions on second reading in the order in which they appear on the
Calendar.
a. Notwithstanding the order of business set forth in Rule 6.3
a matter may be set for Special Order for consideration on a particular
day at a particular hour or at a particular place on the Calendar.
b. Special orders may be set for appropriation bills and local
bills by majority vote of the House. Special order on all other bills on the
Calendar shall be set only by written resolution, which has been referred
to the Rules Committee or originates therein, and agreed to by
two-thirds of the members of that committee and agreed to by majority
of the members of the House present after the committee has made its
report; provided, however, that notwithstanding the provisions of Rule
9 governing the amendability of bills and resolutions, no amendments
may be offered to any special order resolution which amendments do not
pertain to the bill which is the subject of the special order resolution,
except as to the time and date called for in such resolution.
Provided that for the purpose of explaining any special order
resolution the time limit for opponents shall not exceed five minutes and
the time limit for proponents shall not exceed five minutes.
c. A Special Order set for a certain day and hour, not being
considered by the House at the hour named shall be transferred by the
Clerk of the House to the Special Orders of the following day until
disposed of, in the chronological order of original appointment.
Any member may insist upon a Special Order of the day, or other
Special Orders, until it be discharged.
d. The motion period provided for the daily order of business
under Rule 6.3 shall be limited to ten minutes only.
Provided, however, that time consumed by roll call votes shall not be
construed as part of time allotted to said motions.
Provided, further, that during a motion period no motion shall be
withdrawn after a substitute has been offered therefor.
e. Consideration of uncontested local bills and joint resolutions
on third and second readings as provided in subsection 7a. and b. of this
Rule shall be limited to a total of ten minutes only. Consideration of
contested local bills and joint resolutions on second and third readings
as provided in subsections 11b. and 13b. of this rule is limited to a total
of ten minutes for second reading bills and joint resolutions and ten
minutes for third reading bills and joint resolutions.
f. Consideration of uncontested statewide bills and joint
resolutions on third and second readings as provided in subsection 8a.
and b. of this Rule shall be limited to a total of thirty minutes only.
g. No debate shall be allowed in the uncontested period,
provided, however, the Speaker may recognize a proponent and
opponent of any uncontested bill or joint resolution for a brief
explanation of their position.
h. Consideration of unanimous consent requests as provided for
in subsection 11 of this Rule shall be limited to five minutes only. No
unanimous consent requests except those unanimous consent requests
dealing with the pending matter may be considered at any time other
than during the time provided for in subsection 11 of this Rule.
6.4 A debate interrupted by a simple adjournment shall afterwards
be resumed at the point of interruption as if debate had been formally
adjourned. A matter interrupted by a call for the Orders of the day shall,
after the Orders have been disposed of, be resumed at the point of
interruption, before any other question.
6.5 Messages may be received at any time while the door is open,
except while a question is being put, or a ballot, or a viva voce vote is
taken. A message shall be presented to the House by the Speaker when
received, or afterwards, according to its nature, and the business in
which the House is engaged; or its consideration may, on motion, be
ordered by the House.
6.6 In all particulars not determined by these Rules, or by the laws
of the Constitution of this State, or of the United States, the practice of
this House shall conform to its previous usage, or be guided by
parliamentary law as it may be collected from the best authorities,
Mason's Manual of Legislative Procedure being the preferred
parliamentary authority.
RULE 7
VOTING
7.1 If, upon a question by acclamation, the Speaker doubts, or a
division be called for, the House shall divide by those in the affirmative
first rising from their seats, then those in the negative. If the Speaker still
doubts, or a count be required, the Speaker shall name one member from
each side to tell the numbers in the affirmative and those in the negative,
and from their report shall state the decision. Provided, that division
votes shall be made by use of the electronic roll call equipment, but no
individual votes shall be recorded. The Speaker shall state: "The
pending question for division vote is ........(designating the matter to be
voted upon)." The Speaker shall then unlock the voting machine
and announce: "The members shall now proceed to vote." He shall then sound the bell. Thirty seconds after the bell has
been sounded, the Speaker shall then announce that the voting is closed,
shall lock the machine, and instruct the Clerk to report the totals.
He shall then sound the gong. Thirty seconds after the gong
has been sounded announcement of the commencement of the
vote on the board, the Speaker shall then announce that voting is
closed and shall lock the machine and instruct the Clerk to report the
totals.
7.2 Upon any question, at the request of any ten members who
may signify their requests by rising, the yeas and nays shall be ordered;
whereupon, at the decision, the electric 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 electric roll
call system, the Speaker shall state: "The pending question is ......
(designating the matter to be voted upon)." The Speaker shall then
unlock the voting machine and announce: "The members shall
now proceed to vote." He shall then sound the bell.
He shall then sound the gong. 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 gong
has been sounded announcement of the commencement of the vote on
the board, the Speaker shall ask the question: "Have all
members present voted?" After a pause, the Speaker shall lock the
machine and instruct the Clerk to record the vote and the Speaker shall
announce the result of the vote.
c. After the voting machine is locked, no member may change
his vote and the votes of tardy members shall not be counted.
d. Subject to the provisions of Rule 2.10, the vote as
electronically recorded on the roll of members shall not in any manner
be altered or changed by any person.
e. No member shall vote for another member, nor shall any
person not a member vote for a member. Any member who shall vote or
attempt to vote for another member or a person not a member who shall
vote or attempt to vote for a member may be punished in such manner
as the House determines.
f. Any member or other person who willfully tampers with or
attempts to disarrange, deface, impair or destroy in any manner
whatsoever the electrical voting equipment or who destroys or changes
the record of votes thereon shall be punished in such manner as the
House determines; provided, however, the minimum penalty for
violation of Rule 7.3 shall be a public reprimand.
g. A member who has been appointed by the Speaker to preside
as Speaker Pro Tempore may designate another member to cast his vote
on any question while he is presiding in accordance with his instructions
from the Chair.
h. A member recorded as voting while absent from the chamber
shall present to the presiding officer an affidavit attesting to this fact.
Any member may also report to the presiding officer his knowledge that
another member was recorded as voting while absent from the chamber.
If the affidavit of the member whose vote is in question is presented
within forty-eight hours of the vote, the presiding officer shall adjust the
vote totals to reflect the affidavit and order action on the question in
accordance with the adjusted vote total. If the member filing the
affidavit or any other member has knowledge of the identity of the
person who voted for him while absent, he shall present this information
to the presiding officer who shall refer it to the Ethics Committee for
consideration of any recommendation of punishment in accordance with
this rule.
7.4 If the electric roll call machine is declared by the Speaker
of the House to be inoperative, the "Yeas" and
"Nays" shall be taken by the Reading Clerk calling each
member's name in alphabetical order and each member responding by
answering simply: "Yea" or "Nay". Every
member who may be in the House when called may give his vote.
Provided, further, that when the electronic roll call system is being
used to record votes, the doors shall not be closed and members shall be
permitted to vote as provided in Rule 7.3.
7.5 No member shall, under any circumstances, be permitted to
vote after a decision shall have been announced by the Chair. After the
decision of the question, a member absent may be permitted to record
the vote he would have given if present, but such vote shall not affect
the previous question.
7.6 No member shall be permitted to explain his vote during a roll
call, but may reduce his explanation to writing, in not more than 200
words, and upon filing with the Clerk, this explanation shall be entered
upon the Journal.
7.7 When the pending question is the passage of any bill or
resolution on the contested Calendar on second reading, the ayes and
nays shall always be taken by roll call and the votes thereon shall be
recorded in the Journal.
7.8 Pairing shall be permitted only upon the absence of a member
for good cause and shall be in writing and specifically state the bill or
bills or questions upon which pairs are arranged. Pairs shall be filed
with the Clerk and recorded in the Journal as an indication of how
absent members would have voted. The present member need announce
only that he is paired as an explanation of why he is not voting.
RULE 8
MOTIONS AND THEIR PRECEDENCE
8.1 No motion shall be debated until it shall have been stated by
the Speaker. Any motion shall, if desired by the Speaker or any other
member, be reduced to writing and delivered at the desk and read, before
it shall be debated.
8.2 The mover may withdraw any question or proposition before
an amendment or decision, after the same has been ordered, except a
demand for the ayes and nays and except after the previous question has
been ordered.
8.3 No dilatory motion shall be entertained by the Speaker, prior
precedents to the contrary notwithstanding.
8.4 A question before the House shall be suspended by:
1. A message.
2. A report or resolution of the Committee on Rules, Conference,
Free Conference or Invitations.
3. A question of order.
4. A question of privilege.
5. A question of taking recess.
6. Any other incidental questions, such as of reading papers,
dividing a question, withdrawing a motion, excusing a member from
voting, or the like; of which the five first named may suspend even a
speech; provided, that the fifth, if once negatived, be not received during
the same speech without the assent of the member speaking.
8.5 When a question is under debate only those motions herein
below shall be received and notwithstanding the provisions of any other
Rule, none of such motions except the motion to adjourn or recede, a
motion to continue or a motion for the previous question shall be
considered until the conclusion of such debate. Such motions shall
require a simple majority vote unless otherwise specified:
1. To adjourn or recede.
2. To continue.
3. To lay on the table.
4. For the previous question (fifty percent of those present and
voting, a quorum being present, plus five).
5. To postpone indefinitely, or to a day beyond the session.
6. To adjourn the debate to a certain day within the session.
7. To commit or recommit.
These motions shall have precedence in the order in which they are
hereinabove arranged.
Provided, a motion to reconsider shall be received and noted while
a speech is being made but notwithstanding the provisions of Rule 8.14,
shall be considered immediately after disposal of the pending matter or
pursuant to Rule 6.3, subparagraph 10, whichever shall come first.
8.6 The previous question upon any matter may be invoked as
follows:
a. Immediate cloture. Upon an affirmative vote on a motion for
the previous question (fifty percent of those present and voting, a
quorum being present, plus five, being required to interrupt debate and
a simple majority vote at all other times), the amendments then upon the
desk shall be considered, but no further amendments shall be allowed to
be offered. The sponsor of an amendment shall be allowed an
opportunity to make a short explanation of his amendment for a period
not to exceed three minutes, then opponent(s) to the amendment shall be
permitted not more than three minutes to oppose the proposed
amendment. Then two hours of debate shall be allowed on the bill as and
if amended, the time being equally divided between opponents and
proponents with no person to speak more than ten minutes.
Provided, any member who has been recognized by the Speaker and
is speaking from the podium, is considered to be debating the issue and
a call for the previous question, whether by the member or any other
member, requires the necessary fifty percent of those present and voting
plus five.
b. Delayed cloture. Upon an affirmative vote upon a motion for
the previous question to take effect in two hours (fifty percent of those
present and voting, a quorum being present, plus five, being required to
interrupt debate, and a simple majority vote at all other times), the
previous question will be invoked to take effect two hours from the time
such affirmative vote is made, provided that such two hour period may
not be extended and may not be shortened if five (5) members object.
After the previous question is in effect pursuant to this subsection,
consideration of amendments and further debate shall proceed in the
same manner and under the same limitations as those set forth in
subsection a. of this Rule. Provided, further, that during the two
hour period immediately preceding delayed cloture, but after the vote for
same, all actions otherwise possible, including putting amendments on
the desk, may be accomplished.
8.7 A motion to recess may state the time for reconvening and in
the absence of such time stated, reconvening shall be at the call of the
Chair.
8.8 A motion to strike out the enacting words of a bill, or
resolving words of a resolution shall have precedence of a motion to
amend, and, if carried, shall be considered as equivalent to rejection.
8.9 When a motion is made during a motion period, the Speaker
shall entertain but two substitute motions which shall be considered in
their inverse order.
8.10 Any member may without debate, call for the division of a
question, and the House may divide the question if it shall appear to
comprehend the question so distinct that, one being taken away, the rest
may stand entire for decision. A motion to strike out and insert shall be
deemed, indivisible, but a motion to strike out being lost shall not be
deemed equivalent to agreement, nor shall it preclude either amendment
or a motion to strike out and insert.
8.11 a. The following motions shall be decided by simple majority
unless otherwise specified and without debate after such short remarks
as the Speaker may permit:
To adjourn
To take a recess
To continue
To commit or recommit
To lay on the table
For the previous question
To take up any matters in the orders of the day not regularly
reached
To proceed to the orders of the day
To postpone indefinitely, or to a day beyond the session
To adjourn a debate
To recur to the morning hour
To fix the hour to which the House shall next meet
b. The following motions shall be permitted at the same stage of the
bill or proposition after one hour of time has elapsed since the same
question was before negatived:
For the previous question
To lay on the table
To postpone or adjourn a debate
To continue
To commit or recommit
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 ayes and nays, or in voting viva voce,
or in balloting; but a motion to adjourn, or to take a recess, having been
negatived, no new motion to adjourn or take a recess shall be in order
until fifteen minutes shall have elapsed from the decision of the former
motion, even though such motion to recede might be to recede to a
different time.
8.13 Indefinite postponement shall dispose of the question.
8.14 When a question shall have been once decided in the
affirmative or negative, any member who voted with the prevailing side
may, on the same day or the next day of the sitting of the House, move
for a reconsideration thereof, and the House if in session for Statewide
matters, and at any time other than while Special Orders are being
considered, shall immediately have the question of reconsideration
before it. If the House is not in session for Statewide matters or have
before it a matter under Special Order, it shall have the question of
reconsideration before it as provided in Rule 6.4. If the House shall
refuse to reconsider, or, upon reconsideration, shall affirm its first
decision, no further motion shall be in order except by unanimous
consent, provided, that once a motion to reconsider is made it may not
be withdrawn except in the same day in which it was made.
Provided, that the bill, resolution, message, report, amendment,
motion, or the paper upon which the vote was taken shall not have gone
out of the possession of the House.
A motion to reconsider may be laid on the table without affecting the
question with reference to which the same is made; and if such motion
be laid on the table, it shall be deemed a final disposition of the motion.
8.15 A member may move to continue a matter, when called on the
Calendar, to the next session; and if the House agree thereto, the matter
shall be thereupon continued; and the Clerk of the House shall make up
a Calendar of all the matters so continued, placing the same thereupon,
in the order in which they have been continued, and at the ensuing
session the continued matters shall be taken up and considered in the
same stage in which they were when so continued and shall have priority
according to the last order for consideration made upon them.
If a motion to continue, having received an affirmative vote, shall be
reconsidered and thereupon such motion to continue shall receive a
negative vote, the matter shall be immediately taken up and the member
having the floor at the time the debate was interrupted shall resume.
RULE 9
AMENDMENTS
9.1 A bill which originated in the House, or which, having
originated in the Senate and having been amended by the House, shall
be returned from the Senate with amendments, such bill as amended
shall be printed, placed on the House Calendar, and shall not be read
until such printed copy has been on the desks of the members for at least
one day previous to such reading. Provided, however, that this
requirement shall not apply to local bills.
The consideration of amendments shall have precedence over a
motion to either concur or nonconcur in the Senate amendments.
If no amendments have been adopted by the House then the question
shall be: "Will the House agree to the Senate amendment?"
A decision in the negative shall be a rejection. Upon a decision in the
affirmative, the title of the bill shall be changed to an Act, and ordered
to be enrolled.
9.2 At the third reading of a bill, no amendment shall be permitted
without unanimous consent, except that the Chairman of the Committee
on Ways and Means may (if he shall have given notice at the second
reading of his intention to offer amendments at the third) be permitted
to offer amendments to any bill to raise supplies or to make
appropriations, such as may be pertinent to the bill; and,
Provided, that the House may, in its discretion, commit or recommit
any bill at its third reading; and after the report of the committee any
amendment which it shall recommend may be adopted.
9.3 No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment unless
it refers to the intent of the motion or proposition under consideration.
Provided, that nothing shall prevent the adoption of an amendment
which rewrites the bill in its entirety if the bill as rewritten remains
germane to the original title of the bill. Provided, further, that in
determining whether or not any amendment be germane, the Speaker of
the House of Representatives shall be guided by precedents of the House
of Representatives to the extent available.
9.4 A proposed amendment shall be in order regardless of the
number of changes proposed therein to the matter under debate,
provided such amendment is otherwise in order.
9.5 Proposed amendments to any matter before the House shall be
initially considered in the order in which received.
RULE 10
MISCELLANEOUS
10.1 A person not a member, officer or attache of the House shall
not be admitted in the outer doors of the Chamber without the special
leave of the House. The following persons, and no others, shall be
admitted within the Hall at any time unless otherwise authorized by
House Resolution; namely,
The present and former members and officers of the House of
Representatives; the members of the Press as designated by the Speaker
of the House of Representatives; the Governor; the present members and
officers of the Senate; the present members and employees of the
Legislative Council; employees of the respective legislative delegations;
and such persons as may be invited by order of the House; provided, no
seat in the House shall be occupied by any one except the members
thereof. No lobbyist, including former members while engaging in such
activity nor former members, except for sitting Senators, seeking votes
or other personal favors shall be admitted within the Hall without special
leave of the House.
10.2 Whenever the pronoun "he" appears in any Rule,
it shall be deemed to designate either masculine or feminine. The words
"person" and "party" and any other word
importing the singular number used in any bill or resolution shall be held
to include the plural and to include firms, companies, associations and
corporations and all words in the plural shall apply also to the singular
in all cases in which the spirit and intent of the bill or resolution may
require it. All words in a bill or resolution importing the masculine
gender shall apply to females also and words in the feminine gender
shall apply to males. And all words importing the present tense shall
apply to the future also.
10.3 Definitions of measures:
1. "Resolutions"-This term includes:
a. "House Resolution" which affects only the
action of the House and the members thereof. It requires only one
reading for adoption, and shall not be submitted to the Senate.
b. "Concurrent Resolution" -- which affects only
the action of the General Assembly and the members thereof. It requires
only one reading in each House for adoption.
c. "Joint Resolution" -- which shall have the
same force of law as an Act, but is a temporary measure, dying when its
subject matter is completed. It requires the same treatment as a Bill does
in its passage through both Houses, but its title after passage shall not be
changed to that of an Act; and when used to propose an amendment to
the Constitution it does not require the approval of the Governor.
2. "Bill" -- A Bill is the term applied to a measure
introduced in either House designed to become a permanent law (or an
"Act"). It must be read and adopted three times on three
separate days in each House, following which its title is changed to that
of an Act.
3. "Act" -- An Act is the term applied to a Bill
that has passed both Houses, been ratified by the presiding officer of
each House and signed by the Governor or passed over his veto. It is a
permanent measure, having the force of law until repealed.
4. "Veto" -- The term used for disapproval of a Bill
or Joint Resolution by the Governor. It may be overridden by a
two-thirds vote of the members of each House.
10.4 The House shall not accept any invitations to attend functions
(social or otherwise) which are to be held at a club or organization which
does not admit as members persons of all races, religions, colors, sexes
or national origins. All such invitations so received shall be referred to
the Committee on Invitations and the five House members on the
Committee on Invitations shall have the duty of determining and
reporting to the House whether or not the function is to be held at a club
or organization which does not admit as members persons of all races,
religions, colors, sexes or national origins.
10.5 Each member of the House shall be entitled to recommend the
names of any number of persons to the Speaker, with one to be
appointed by the Speaker as a House page to perform such duties as
determined by the Speaker. The provisions of this rule shall be
contingent upon the General Assembly providing for at least one
hundred twenty-four House pages in the annual general appropriations
act for the fiscal year during which such session shall take place. Any
additional House pages authorized shall be appointed by the Speaker in
his sole discretion.
Pages and guests of the House shall observe appropriate and
dignified attire which means shirt and tie (with coats optional) for males
and dignified dress (meaning dress, skirt or slacks and blouse, or pants
suits) for females. This provision must be enforced by the Speaker.
10.6 Provided, notwithstanding any other rule, House Resolutions,
Invitations and Memorials shall be accepted at the desk during the
Organizational Session and shall be approved only by unanimous
consent for passage.
10.7 No smoking is permitted in the Hall of the House of
Representatives. Smoking for purposes of this rule includes carrying a
lighted cigar, cigarette, pipe, or any other lighted smoking equipment.
10.8 No member of the House shall incur more than one
thousand eight hundred dollars in long distance telephone charges at
State expense during any fiscal year. However, if a member
accumulates more than one thousand eight hundred dollars in long
distance telephone expenses during any fiscal year, he shall be billed and
must reimburse the State on a monthly basis for the remaining
balance.
10.9 No person shall seek directly the pledge of a member of the
House of Representatives to vote for any position elected by the General
Assembly, nor may a member of the House offer such pledge, until the
qualifications of all candidates for that position have been determined
by the appropriate screening committee.
RULE 11
LOBBYISTS AND LOBBYING
11.1 As used in the House Rules, unless the context clearly
indicates otherwise:
(1) "Person" means an individual, partnership,
committee, association, corporation, labor organization, and any other
organization or groups of persons.
(2) "Public official" means any member of the
House of Representatives including candidates for the office.
(3) "Public employee" means any person
employed by the House of Representatives, including applicants for the
position.
(4) "Income" means the receipt or promise of
any consideration, whether or not legally enforceable.
(5) "Expenditure" means the transfer or
promise of any consideration, whether or not legally enforceable.
(6) "Annual filing period" means a period of
time beginning thirty days after sine die adjournment and ending thirty
days after the next sine die adjournment.
(7) "Voluntary membership organization"
means an organization composed of persons who are members thereof
on a voluntary basis and who, as a condition of membership, are
required to make regular payments to the organization.
(8) "Lobbying" means promoting or opposing
the introduction or enactment of legislation before the House of
Representatives or the committees or members of the House of
Representatives and also includes influencing the adoption or rejection
of any regulation, standard, or other legislative enactment of any state
agency under the State Administrative Procedures Act.
(9) "Lobbyist" means any person who is
employed, appointed, or retained, with or without compensation, by
another person to influence in any manner the act or vote of any member
of the House of Representatives concerning any bill, resolution,
amendment, report, claim, act, rule, regulation, standard, rate, or veto
pending or to be introduced. "Lobbyist" also means any
nonstate employee who is employed, appointed, or retained, with or
without compensation, by a state agency, college, university, or other
institution of higher learning. "Lobbyist" does not include:
(a) an individual expressing a personal opinion on
legislative or administrative matters to any public official or public
employee, or any person who receives no compensation to engage in
lobbying activities and does not make expenditures or incur obligations
in an aggregate amount in excess of one thousand dollars to or for the
benefit of any public officials or public employees in an annual filing
period;
(b) a person who limits his lobbying activities to
appearances before public sessions of committees of the House of
Representatives, public hearings of state agencies, public hearings
before any public body of a quasi-judicial nature, or proceedings of any
court of this State, provided that the person makes no expenditures for
or on behalf of any public official or public employee in connection with
lobbying;
(c) any duly elected or appointed official or employee of
the State, the United States, a county, municipality, school district, or
public service district, when appearing solely on matters pertaining to
his office and public duties unless lobbying constitutes a regular and
substantial portion of such official's or employee's duties;
(d) a person performing professional services in
drafting legislation or in advising and rendering opinions to clients as to
the construction and effect of proposed or pending legislation where the
professional services are not otherwise connected with influencing
legislative action;
(e) persons who own, publish, or are employed by a radio
station, television station, wire service, or other bona fide news medium
which in the ordinary course of business disseminates news, editorials,
columns, other comments, or other regularly published periodicals, if
these persons engage in no further activities and represent no other
person in connection with a legislative matter. This exception applies
to a publication which is published and distributed by a membership
organization to its subscribers at least twelve times annually and for
which an annual subscription charge of at least one dollar fifty cents a
subscriber is made;
(f) persons who represent established churches solely for
the purpose of protecting the rights of their own members or for
protecting the doctrines of the churches or on matters considered to have
an adverse effect upon the moral welfare of the membership of the
church;
(g) persons who are running for office elected by the
General Assembly or persons soliciting votes on their behalf.
(10) "Gifts" mean any item, entertainment, food,
beverage, travel, and lodging given or paid voluntarily to a public
official or a member of the immediate family without the public official
or a member of his immediate family providing full and adequate
consideration.
However, this definition does not apply to food or beverage
not provided by a lobbyist or to a memento of an occasion.
Further, this definition does not apply to a gift, whose value
is less than $25.00 if the donor is a non-lobbyist.
(11) "Travel" as included in this section means
transportation of ten miles or greater distance.
(12) "Legislation" means bills, resolutions,
amendments, nominations, regulations, and other matters pending or
proposed in either the House or Senate and includes any other matter
which may be the subject of action by either House.
(13) "Compensation" means any money, thing
of value, or economic benefit conferred on or received by a person.
11.2 (A) A person who acts as a lobbyist shall, within thirty days
of this employment, register with the House Ethics Committee as
provided in these rules. If a corporate entity registers, then it shall
identify each individual who will act as a lobbyist on its behalf during
the covered period. Each person so registering shall pay a fee of two
hundred dollars and present to the House Ethics Committee a
communication reflecting the authority of the registrant to represent the
person by whom he is employed. However, any lobbyist who files an
affidavit that he does not expend any funds nor does he receive any
revenue may pay a fifty dollar registration fee. All fees collected under
the provisions of this paragraph must be deposited in the general fund
of the State. The House Ethics Committee shall credit such person for
any amount paid to register with the Secretary of State or State Ethics
Commission.
The House Ethics Committee annually shall furnish to each House
member a list of all lobbyists registered with that office. The committee
shall furnish monthly updates to the same persons. The registration must
be in that form and contain that information as the committee prescribes,
including the following:
(1) the full name and address, telephone number,
occupation, name of employer, principal place of business, and position
held in that business by the lobbyist;
(2) an identification, so far as possible, of each person on
whose behalf the lobbyist expects to perform services as a lobbyist;
(3) each aspect of the legislative or administrative process
as it applies in the House of Representatives.
(B) Each lobbyist who ceases to engage in activities requiring him
to register under these rules shall file a written statement with the Ethics
Committee acknowledging the termination of activities. The notice is
effective immediately. Each lobbyist who files a notice of termination
under this rule shall file reports required by these rules for any reporting
period during which he was registered under these rules.
(C) A lobbyist shall file a supplemental registration indicating any
substantial change in the information contained in the prior registration
within ten days after the date of the change.
(D) Each lobbyist shall maintain for not less than three years
records which must be available to the Ethics Committee for inspection
and which contain the following information:
(1) the total income received by the lobbyist attributable to
lobbying;
(2) the identification of each person from whom income is
received and the amount received, but in the case of a voluntary
membership organization a contribution during any annual filing period
from a member need be recorded only if the contributions to the
organization from the member are more than five hundred dollars and
more than twenty percent of the total contributions to the organization
during that annual filing period;
(3) the total expenditures of the lobbyist for lobbying.
11.3 Each lobbyist, not later than thirty days after the last day of an
annual filing period, shall file a report with the Ethics Committee
covering that lobbyist's activities during that annual filing period. Each
report must be in that form and contain information as the committee
prescribes, including, but not limited to, the following:
(1) the full name, address, and telephone number of the
reporting lobbyist;
(2) an identification of each person on whose behalf the
reporting lobbyist performed services as a lobbyist during the covered
period;
(3) an identification of each person who acted as a lobbyist
on behalf of the reporting lobbyist during the covered period;
(4) each bill, resolution, or action before the House of
Representatives the reporting lobbyist sought to influence during the
covered period, including bill numbers or other numbers where relevant;
(5) the identification of each person from whom income is
received and the amount received, but in the case of a voluntary
membership organization a contribution during any annual filing period
from a member need be recorded only if the contributions to the
organization from the member are more than five hundred dollars and
more than twenty percent of the total contributions to the organization
during that annual filing period;
(6) (a) the totals of all expenditures made or incurred by a
lobbyist or on behalf of a lobbyist by each of the lobbyist's employers
during the preceding year. The totals must be segregated according to
financial category, including: food and refreshments, entertainment,
living accommodations, advertising, printing, postage, travel, telephone,
contributions, office expenses, or that portion of total office expenses
attributable to activities covered under the provisions of these rules,
including rent and the wages paid for staff assistance, and other
expenses or services, and the total number of individual public officials
or employees on whose behalf such expenditures were made, and a list
of the names of public officials or employees on whom more than fifty
dollars was spent in any twenty-four hour period.
(b) In the case of special events for public officials or
employees, including parties, dinners, athletic events, entertainment, and
other functions, the date, location, name of the public body or bodies
invited, and total expense incurred by the person filing must be stated.
(c) any expenditure directly or indirectly related to
lobbying if expended while engaged in the general course of lobbying
activities and the expenditure is reimbursed by the lobbyist's employer;
however, contributions of political action committees which are already
disclosed on other public statements are excluded from disclosure.
(7) a statement of any money promised or loaned to any
public official or public employee;
(8) a statement detailing any direct business association
with any public official or public employee.
When total amounts are required to be reported, totals must be
reported both for the period covered and for the entire calendar year to
date.
11.4 (A) Each state agency or department shall, no later than
thirty days after the last day of an annual filing period, file a report with
the Ethics Committee covering the agency's lobbying activities during
that annual filing period. Each report must be in that form and contain
information as the Ethics Committee prescribes including, but not
limited to:
(1) an identification of each agency official, employee, or
other person who engaged in lobbying during the covered period;
(2) each action taken by the House of Representatives the
persons identified in item (1) of this rule sought to influence during the
covered period, including bill numbers or other numbers where relevant;
(3) the totals of all expenditures made or incurred by these
persons identified in item (1) of this rule in lobbying during the covered
period. The totals must be segregated according to financial category,
including: food and refreshments, entertainment, living
accommodations, advertising, printing, postage, travel, telephone,
contributions, office expenses, including rent and the wages paid for
staff assistance, and other expenses or services, and the total number of
individual public officials or employees on whose behalf the
expenditures were made, and a list of the names of public officials or
employees on whom more than fifty dollars was spent in any
twenty-four hour period.
(B) In the case of special events for public officials or
employees, including parties, dinners, athletic events, entertainment, and
other functions, the date, location, name of public body or bodies
invited, and total expenses incurred by the person filing must be stated.
When total amounts are required to be reported, totals must be
reported for the entire year to date.
The reports required by this section are not required from any agency
whose only activity is appearing before any committee of the House of
Representatives at the request of that committee or any members of that
committee.
11.5 The Ethics Committee has the power:
(1) to require any person to submit in writing reports and
answers to questions as the committee may prescribe. The submission
must be made within a reasonable period and under oath or otherwise as
the committee may determine;
(2) to administer oaths;
(3) to require by subpoena the attendance and testimony of
witnesses and the production of all documentary evidence relating to the
execution of its duties;
(4) to order testimony to be taken in any proceeding or
investigation by deposition before any person who is designated by the
committee and has the power to administer oaths and, in these instances,
to compel testimony and the production of evidence in the same manner
as authorized under item (3) of this rule;
(5) to request the Attorney General to initiate through civil
proceedings for injunctive relief and through presentation to grand
juries, prosecute, defend, or appear in any civil or criminal action in the
name of the committee for the purpose of enforcing the provisions of
state law regulating lobbyists, public officials, and public employees;
(6) to make committee rules to carry out committee
provisions of these rules; however, rules made by the committee under
the provisions of these rules must be limited to and include only the
forms necessary to accomplish the purpose of these rules;
(7) in addition to any other penalty in these rules, to
require a person who files a late statement or fails to file a required
statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within five
days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered
mail that a required statement has not been filed, a fine of ten dollars a
day for each additional calendar day in which the required statement is
not filed, not to exceed a total fine of five hundred dollars.
11.6 The Ethics Committee has the following duties:
(1) to develop forms for the filing of notices of registration,
representation, and reports required by these rules, and to furnish the
forms to lobbyists upon request;
(2) to issue identification cards to each lobbyist before the
lobbyist can engage in lobbying and prior to January tenth of each
succeeding year;
(3) to prepare a manual setting forth recommended uniform
methods of bookkeeping and reporting and to furnish a manual to
lobbyists upon request;
(4) to develop a filing, coding, and cross-indexing system
consonant with the purpose of these rules;
(5) to make the notices of registration and reports filed
with it available for public inspection and copying as soon as may be
practicable after receipt of them and to permit copying of any report or
statement by hand or by duplicating machine, as requested by any
person, at the expense of the person;
(6) to preserve the originals or copies of notices and reports
for a period of three years from date of receipt;
(7) to ascertain whether any lobbyist has failed to comply
fully and accurately with the disclosure requirements of these rules and
promptly notify the person to file notices and reports as are necessary to
satisfy the requirements of these rules or the Ethics Committee rules;
(8) to have information, so compiled and summarized,
made available for public inspection and copying within thirty days after
the close of each filing period;
(9) to receive complaints and make investigations with
respect to the notices and reports filed under the provisions of these
rules, and with respect to alleged failures to file any statement or reports
required under the provisions of these rules, and, upon complaint by any
individual, with respect to alleged violations of any part of these rules;
(10) to prepare a special study or report upon request of any
member of the House of Representatives from information in the records
of the Ethics Committee;
(11) to prepare and publish those other reports as considered
appropriate, including advisory opinions pertaining to Rules 11, 12,
and 13 when the requests are made in writing to the Chairman;
(12) to recommend to the House legislation considered
necessary to carry out the purposes of these rules.
11.7 No person may be employed as a lobbyist for compensation
dependent in any manner upon the passage or defeat of any proposed
legislation or administration matter or upon any other contingency
connected with the action of the House of Representatives or any
committee of it.
11.8 A lobbyist who violates the provisions of these rules where
the lobbyist either knew or should have known that such action was in
violation of these rules; a person who falsifies all or part of any notice
of representation or report which he files with the Ethics Committee
under these rules; or a person who falsifies or forges all or part of any
communication to influence legislative action, is guilty of contempt of
the House. In addition, a lobbyist convicted of a violation under the
provisions of Title 2, Chapter 17, or Title 8, Chapter 13 of the 1976
Code is barred from acting as a lobbyist for a period of three years from
the date of the conviction.
11.9 The wilful filing of a complaint by a person with the Ethics
Committee without just cause, or with malice, may subject the
complainant to disciplinary action by the Ethics Committee of the House
of Representatives.
11.10 (A) No lobbyist may extend an invitation for any function
paid for by a lobbyist to any member unless the entire membership of the
House is invited, or one of its standing committees or standing
subcommittees or caucuses is invited, or an entire county House
delegation is invited.
(B) No member may attend any function paid for by a lobbyist
unless the entire membership of the House is invited, or one of the
standing committees or subcommittees or caucuses is invited, or an
entire county House delegation is invited.
RULE 12
ACCEPTANCE OF COMPENSATION
12.1 For purposes of this Rule "compensation" is as
defined in Rule 11.1(13).
12.2 (A) No member of the House of Representatives or
employee of it may receive, accept, take, seek, or solicit, directly or
indirectly, anything of value, including employment or the promise of
future employment, as a gift, gratuity, or favor from:
(1) a person if there is reason to believe the donor would
not give the gift, gratuity, or favor but for the official's or employee's
office or position;
(2) a person, or from an officer or director of the person,
if the public official or public employee has reason to believe the person:
a. has or is seeking to obtain contractual or other business
or financial relationships with the official's or employee's agency if the
purpose of the gift, gratuity or favor is related to the official's or
employee's office or position; or
b. conducts operations or activities which are regulated by
the official's or employee's agency if the purpose of the gift, gratuity or
favor is related to the official's or employee's office or position; or
(B) Whoever gives or offers to a public official or public
employee, or a public official or public employee who receives, accepts,
takes, seeks, or solicits any compensation or anything of value as
provided in subsection (A) is subject to the punishment as provided by
the rules of the House.
(C) Except for campaign contributions, no public official or public
employee shall solicit or receive a gift, compensation, money, or
anything of value from a person registered as a lobbyist or working for
a lobbyist entity, except for food and beverage consumed at a function,
meeting or social event to which the entire membership of the House is
invited, one of its standing committees or subcommittees is invited, or
an entire county House delegation is invited. A public official or public
employee is not prohibited from receiving a memento of the occasion or
award in the form of a plaque, certificate, or other award having value
only to the recipient.
(D) Every public official who receives any compensation in excess
of one thousand dollars during one calendar year from any person which
employs, either directly or indirectly, a lobbyist shall report this
compensation to the House Ethics Committee as required by Rule 11.
12.3 A member of the House, a candidate for the House, any
committee working on behalf of a candidate for the House, or any duly
organized group or political party receiving or soliciting funds for the
support of a political candidate or candidates for the House may not
accept a contribution:
(1) of currency of the United States or currency of a foreign
country from a contributor which, in the aggregate from that contributor,
exceeds fifty dollars for any given campaign;
(2) from a registered lobbyist or lobbyist's employer in an
amount to exceed two hundred fifty dollars for any given campaign.
12.4 A candidate for office or any committee working on behalf of
a candidate for office, or any duly organized group or political party
receiving or soliciting funds for the support of a political candidate or
candidates shall maintain a record of all funds and contributions
received, with the name and amount of each individual or group
contributing and to what candidate the contribution was made.
Duplicate, certified originals of the list showing the names of all
contributors must be filed with the House Ethics Committee within ten
days after the end of each calendar quarter in which funds are received
or expended preceding an election and within thirty days after each
election in which such contributions are sought or received. The
candidate, or committee, or group or party shall maintain a current list
of all contributors during the two-week period before the election, which
must be open to public inspection upon request. When a final list is
filed with the House Ethics Committee the candidate or group receiving
the funds shall file a certified report stating the amounts expended and
for what purposes, how much is retained and what is its ultimate
distribution.
12.5 The filing requirements specified in this rule are considered
to be continuing after an election if the candidate, whether he was
successful or not in the election, continues to collect funds for the
purpose of paying expenses for the election; and the candidate is
required to file an amendment to the final list filed with the House Ethics
Committee within ten days after the end of each calendar quarter in
which funds were received or expended. The House Ethics Committee
shall forward a copy of each statement or report filed with it to the clerk
of court in the county of residence of the candidate.
12.6 No member of the House of Representatives may accept
campaign contributions on the State House complex including the
Gressette Building, the Blatt Building, the State House and other state-
owned property.
12.7 A candidate for or member of the House of Representatives
shall not use campaign funds for personal use.
12.8 No member of the House acting in an official capacity as a
member of the House shall may receive any
cash monetary honorarium for speaking before public
or private groups, other than for actual expenses incurred.
RULE 13
CONTEMPT PROCEEDINGS
13.1 (A) Upon a report to the Speaker of conduct by a person
which is contemptuous or otherwise violative of House Rules 11 or 12,
the Speaker shall refer the matter to the House Ethics Committee for a
hearing. At the conclusion of the hearing the Chairman of the House
Ethics Committee shall submit a report, with a transcript of the hearing,
to the Speaker. The Speaker then shall call the House into open session
as a committee of the whole to consider the report and transcript and
render such action as is appropriate unless the Ethics Committee makes
a finding that the conduct in question is neither contemptuous nor
violative of House Rules and dismissed the matter.
(B) In the event that a person is not a member of the House and is
found in contempt of the House, the contemnor must be fined not less
than five hundred dollars but not more than one thousand dollars.
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