South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

TUESDAY, DECEMBER 2, 1986

JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

OF THE

STATE OF SOUTH CAROLINA

__________

Regular Session Beginning Tuesday, January 13, 1987

__________

Tuesday, December 2, 1986
(Organizational Session)

Indicates Matter Stricken
Indicates New Matter

Pursuant to Article III, Section 9, of the Constitution, the members of the House of Representatives from the several districts of this State assembled in the Hall of the House of Representatives in the Capitol, in the City of Columbia, this day, and were called to order at 12:00 Noon by Lois T. Shealy, the Clerk of the late House of Representatives.

Deliberations were opened with prayer by the Chaplain of the late House of Representatives, the Rev. Dr. Alton C. Clark as follows:

As we meet for this Organizational Session, we pray, O Lord, that we would act wisely and in accord with Your gracious and Fatherly will. Lead and direct us in all that we think, say and do. Grant us faith enough to be unafraid, and trust sufficient to be unfaltering. Keep our plans worthy, our hearts courageous, our motives pure, and our desires undimmed to serve our God and our fellowmen. Make us worthy always of the unique places of leadership for the work that lies worthy always of the unique that we occupy and adequate ahead. Amen.

Pursuant to Rule 6.3, the House of was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. BLACKWELL.

ELECTION OF TEMPORARY CHAIRMAN

The CLERK of the late House announced that the first business in order was the election of a Temporary Chairman.

Rep. ALTMAN nominated Rep. SNOW of Williamsburg.

On motion of Rep. BLACKWELL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The CLERK of the late House appointed Reps. ALTMAN, GORDON and PEARCE to escort Rep. SNOW to the rostrum.

Rep. SNOW presented his credentials and the oath of office was administered unto him by the Clerk.

Rep. SNOW thereupon took the Chair.

TEMPORARY OFFICERS

The Temporary CHAIRMAN appointed Mrs. Lois T. Shealy to act as Temporary Clerk; Mr. Sidney F. Varn as Temporary Reading Clerk and Mr. Richard E. Padgett as Temporary Sergeant-at-Arms.

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE

I, John T. Campbell, Secretary of State of the State of South Carolina hereby certify:

Clerk of the House of Representatives
State House
Columbia, South Carolina

Members of the House:

The State Election Commission has certified to this office those members of the House of Representatives of South Carolina which were elected in the election on November 4, 1986. The Members are hereby certified as set forth in the attached three (3) pages as the duly and properly elected Members of the House of Representatives, all of which is duly certified.

Given under my Hand and the Great Seal of the State at Columbia this 25th day of November, A.D., 1986, and in the two hundred and eleventh year of the Independence of the United States of America.

John T. Campbell
Secretary of State

STATE OF SOUTH CAROLINA
STATE HOUSE OF REPRESENTATIVES
NOVEMBER 4, 1986 GENERAL ELECTION

HOUSE DISTRICT     ELECTED
District # 1     Thomas C. Alexander (D)
District # 2     Robert N. McLellan (D)
District # 3     Edward W. Simpson, Jr. (R)
District # 4     Larry A. Martin (D)
District # 5     B.L. Hendricks, Jr. (D)
District # 6     John W. Tucker, Jr. (D)
District # 7     Ronald P. Townsend (D)
District # 8     C.D. Chamblee (D)
District # 9     Patrick B. Harris (D)
District # 10     M.J. Cooper (D)
District # 11     Robert 0. Kay (D)
District # 12     Jennings G. McAbee (D)
District # 13     James C. Johnson (D)
District # 14     Marion P. Carnell (D)
District # 15     James W. Johnson, Jr. (D)
District # 16     Eugene C. Stoddard (D)
District # 17     Dill Blackwell (D)
District # 18     Lewis Phillips (D)
District # 19     Michael L. Fair (R)
District # 20     H. Howell Clyborne, Jr. (R)
District # 21     Philip T. Bradley (R)
District # 22     Terry E. Haskins (R)
District # 23     Sara V. Shelton (D)
District # 24     David Wilkins (R)
District # 25     Charles H. Rice (D)
District # 26     James C. Mattos (D)
District # 27     M.O. Alexander (D)
District # 28     Boyd Odell Baker (R)
District # 29     Olin R. Phillips (D)
District # 30     Donna A. Moss (D)
District # 31     Tee Ferguson (D)
District # 32     John R. Russell (R)
District # 33     T.W. Edwards, Jr. (D)
District # 34     Carole C. Wells (R)
District # 35     David 0. Hawkins (D)
District # 36     Alfred C. McGinnis, Jr. (D)
District # 37     G. Ralph Davenport, Jr. (R)
District # 38     Joseph T. Petty (D)
District # 39     Larry E. Gentry (D)
District # 40     David C. Waldrop, Jr. (D)
District # 41     Crosby Lewis (D)
District # 42     James M. Arthur (D)
District # 43     Paul E. Short, Jr. (D)
District # 44     William D. Boan (D)
District # 45     to be filled later
District # 46     Robert W. Hayes, Jr. (D)
District # 47     Herbert Kirsh (D)
District # 48     Joseph H. Nesbitt (D)
District # 49     Samuel R. Foster (D)
District # 50     Grady A. Brown (D)
District # 51     Derial L. Ogburn (D)
District # 52     Robert J. Sheheen (D)
District # 53     Jean L. Harris (D)
District # 54     John I. Rogers, III (D)
District # 55     James E. Lockemy (D)
District # 56     David M. Beasley (D)
District # 57     Robert B. Brown (D)
District # 58     Denny W. Neilson (D)
District # 59     John W. McLeod (D)
District # 60     Woodrow M. McKay (D)
District # 61     Eugene LeRoy Nettles, Jr. (D)
District # 62     Frank Gilbert (D)
District # 63     D. Malloy McEachin, Jr. (D)
District # 64     C. Alex Harvin III (D)
District # 65     J. Michael Baxley (D)
District # 66     Larry Blanding (D)
District # 67     E.B. McLeod, Jr. (D)
District # 68     Joseph T. McElveen, Jr. (D)
District # 69     Paul W. Derrick (R)
District # 70     James Faber (D)
District # 71     Parker Evatt (R)
District # 72     Timothy F. Rogers (D)
District # 73     Joe E. Brown (D)
District # 74     Frank E. McBride (D)     .
District # 75     Jean H. Toal (D)
District # 76     Joyce C. Hearn (R)
District # 77     Luther L. Taylor, Jr. (D)
District # 78     T. Moffatt Burriss (R)
District # 79     Roland S. Corning (R)
District # 80     Milford D. Burriss (R)
District # 81     Irene K. Rudnick (D)
District # 82     Joseph F. Anderson, Jr. (D)
District # 83     Thomas E. Huff (D)
District # 84     William H. Jones (D)
District # 85     John H. Burriss (R)
District # 86     Charles Ray Sharpe (R)
District # 87     Larry L. Koon (R)
District # 88     C . Lenoir Sturkie (R)
District # 89     Jarvis R. Klapman (R)
District # 90     Thomas N. Rhoad (D)
District # 91     Joseph B. Wilder (D)
District # 92     Fred L. Day (D)
District # 93     John G. Felder (D)
District # 94     Kenneth E. Bailey (D)
District # 95     Vacant
District # 96     L. Edward Bennett (D)
District # 97     George H. Bailey (D)
District # 98     Thomas A. Limehouse (R)
District # 99     Henry E. Brown, Jr. (R)
District #100     Robert L. Helmly (D)
District #101     B.J. Gordon, Jr. (D)
District #102     Dewitt Williams (D)
District #103     John J. Snow, Jr. (D)
District #104     Dick Elliott (D)
District #105     Liston D. Barfield (D)
District #106     Ben E. Thrailkill, Jr. (R)
District #107     H.E. Pearce, Jr. (D)
District #108     R. Linwood Altman (D)
District #109     Lucille S. Whipper (D)
District #110     Eugene D. Foxworth, Jr. (R)
District #111     Daniel E. Martin, Sr. (D)
District #112     Clyde M. Dangerfield (D)
District #113     Robert A. Kohn (R)
District #114     John D. Bradley, III (R)
District #115     D.L. Aydlette, Jr. (R)
District #116     McKinley Washington, Jr. (D)
District #117     Daniel E. Winstead (R)
District #118     D.N. Holt, Jr. (D)
District #119     Theodore T. Mappus, Jr. (R)
District #120     Douglas E. McTeer, Jr. (D)
District #121     Jackson V. Gregory (D)
District #122     Juanita M. White (D)
District #123     William N. Cork (R)
District #124     Harriet Keyserling (D)

Received as information.

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA
ELECTION COMMISSION

December 1, 1986
The Honorable John Campbell
Secretary of State
Wade Hampton Building
Columbia, SC

Dear Mr. Secretary:

The South Carolina State Board of Canvassers has upheld a protest filed in the election for House District 95 of the South Carolina House of Representatives. On November 26, 1986, the Board ordered that a new election be held in District 95 and will ask the Governor to set a date for a new election. This action declares no winner in House District 95 and would amend previous notification given to your office.

If you need any further information concerning this matter, please do not hesitate to call.

Yours very truly,
James B. Ellisor
Executive Director

Received as information.

MEMBERS-ELECT SWORN IN

The READING CLERK of the late House then commenced a call of the members-elect of the House of Representatives by roll call resulting as follows:

Alexander, M.          Alexander, T.          Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Davenport              Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Holt                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lewis
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.             McLeod, J.
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

The foregoing were then sworn in by the Temporary CHAIRMAN.

ELECTION OF A SPEAKER

The Temporary CHAIRMAN announced that nominations were in order for a Speaker.

Rep. TOAL nominated Rep. ROBERT J. SHEHEEN of Camden as follows:

"Mr. Speaker, ladies and gentlemen of the House, it's my deep privilege to nominate as Speaker of the House a long-time personal friend, a colleague with a generosity of spirit and heart, someone we all admire. It's been said about responsibility in high office, by Robert Frost, 'It asks a little of us here, it asks of us a certain height, so when at times the mob is swayed, to carry praise or blame too far, we may take something like a star, to stay our minds and be stayed.' Bob is that star, that guiding star for all of us. It's with great anticipation of the hard work ahead that I nominate our guiding star, Robert Joseph Sheheen, as Speaker of the House."

Rep. KLAPMAN seconded the nomination of Rep. SHEHEEN.

On motion of Rep. WASHINGTON, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

The Temporary CHAIRMAN appointed Reps. WILKINS, BOAN and OGBURN to escort the Speaker-elect to the desk where the oath of office was administered unto him by the Temporary CHAIRMAN.

SPEAKER SHEHEEN thereupon took the Chair and addressed the House as follows:

"Ladies and gentlemen of the House, it gives me great pleasure once again to stand here in this robe as the first day presiding over this new session of the General Assembly. On October 1, I had a short conversation with you about what hoped for this House. You know my feelings about the body, you know my feelings about how we ought to do business and where we ought to go. Later today, after we adopt rules, there will be committee appointments. Those appointments will be made and distributed at the conclusion of the adoption of the rules. It may be today or tomorrow, I don't know who is going to offer amendments to the rules. But, once that occurs, each of you will be faced with a challenge from your committee assignment for South Carolina in the ensuing two years. Ways and Means Committee is going to have a tougher job than most of us. They are going to be required to resolve some tough budgetary problems and some tax problems for the state of South Carolina. The Judiciary Committee is going to once again face some significant changes in the judicial system for the people of the state of South Carolina. The Agriculture and Natural Resources Committee is going to have to put emphasis on the natural resources part of their title, look very carefully at the preservation of a way of life in South Carolina and economic development in South Carolina. The Education and Public Works Committee is going to have to continue the emphasis on the development of our educational system, and look strongly at our highway system and our Highway Department. The 3M committee is going to have so many items to look at on social services and the prison system, and the State Hospital, and police regulations in this state, that they are going to be busy, every day, all day. LCI is going to have to continue its good work on Workers' Compensation, the banking industry, the insurance industry in South Carolina. We've got a menu before us for the next two years in South Carolina that is going to tax all of our abilities, and it's going to have to be a joint effort of each of us contributing in order to make it a significant two years for the state of South Carolina. As I said to you in October, when you graciously installed me as your new Speaker, we stand in South Carolina, in my opinion, on the threshold of greatness in many areas. And whether we achieve that greatness is going to be in large part determined by the leadership that this body is able to furnish for the General Assembly of South Carolina and for our administrative agencies in South Carolina. I don't mean at anytime to suggest to you that the choices are going to be easy. The choices are going to be hard, they're going to be tough, and we're going to have to learn to say no. And when we say yes, we're going to have to make the harder choices to pick the right direction in which to lead the state. I relish the opportunity to serve as your Speaker. I thank you for giving me that opportunity. My service in this body has been the most rewarding thing that I've been able to do in my adult life. I trust that we, together, will be able to set a tone to move South Carolina from the threshold to the greatness it deserves. Thank you very much."

ELECTION OF A SPEAKER PRO TEMPORE

The SPEAKER announced that nominations were in order for SPEAKER Pro Tempore.

Rep. BEASLEY nominated Rep. JOHN I. ROGERS of Bennettsville as follows:

"Mr. Speaker, guests, and most importantly, ladies and gentlemen of the House, I think some of the most cherishing moments that we have serving in public life is the pleasures that we obtain and receive by meeting new friends and working in this great institution. Another great pleasure that we all have is seeing our friends rise to leadership positions. But, what is so significant and important about our friends rising to leadership positions, is that, not just because they are our friends, but most importantly because that our friends that do rise possess the necessary qualities and the abilities that cause this great institution to be what it is. I have had the honor and privilege of sitting by one of these great friends who has fought so hard for South Carolina for so many issues, who has taken a leading role in educational reform in South Carolina through EIA and through ERA, who has taken leading and active roles in industrial development for South Carolina, and the list goes on and on. The Honorable John I. Rogers has proven his leadership abilities and qualities of which we admire and require of a Speaker Pro Tem. It is my privilege and, indeed, a great honor, to be able to nominate for Speaker Pro Tem a proven great friend and leader, the Honorable John I. Rogers, III."

Rep. KLAPMAN seconded the nomination of Rep. J. ROGERS.

On motion of Rep. WINSTEAD, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

The SPEAKER appointed Reps. BEASLEY, HAWKINS, NEILSON, LOCKEMY and WASHINGTON to escort the SPEAKER Pro Tempore-Elect to the desk where the oath of office was administered unto him by the SPEAKER .

SPEAKER Pro Tempore JOHN I. ROGERS thereupon took the Chair and addressed the House as follows:

"Before I begin my remarks, I want particularly to introduce to you those people who are most special to me. They join me for a moment on the podium and they are my wife, Carolyn, my son, John, my daughter, Elizabeth, and my two younger sons, Bud and Chris, who keep me young. They are seated in the front and I am so glad they could join me in this very special moment in my life today.

I stand here today, equally aware both of the honor and the responsibility you have chosen to place upon me. I am truly moved that you, my trusted and capable colleagues, have selected me to serve as your Speaker Pro Tempore for the South Carolina House of Representatives, and I promise that I will perform my duties to the fullest of my ability.

Let me say that my purpose in seeking this position was not a selfish one. This office is here as much to serve the House, as to lead it, and my commitment as Speaker Pro Tempore will always be to this Assembly and to the people of South Carolina whom we represent.

It is a task that now must receive all our talents and occupy all of our attention. As we prepare to begin this session, we must look ahead to see what must be done for this state and its people.

There are many issues we must deal with in the coming months and years, many actions we must take, but there are some I see as especially important for us to consider.

First, we must continue our state's commitment to the best education possible for every child. We have laid the foundations for quality education in South Carolina, and that effort took courage and dedication on the part of this General Assembly. Now is the time for us to strengthen our resolve, and confirm our efforts.

Second, I believe we need to improve the research and development capabilities of our state's colleges and universities. There is valuable talent and considerable ability in our institutions of higher education, and we must make sure that intellectual wealth helps lead to economic prosperity. Properly funded and carefully directed, higher education can give South Carolina a valuable lift into the 21st century.

Third, along with our growing prosperity, there is a silent but deadly plague across the South--a disease of society which we cannot see but which robs all of us of wealth and happiness. This is the plague of adult illiteracy, the tragedy of millions of our fellow citizens who cannot write well enough to complete a job application, who cannot read a help wanted ad--or who cannot read a child a bedtime story. The time has come for South Carolina to join in the crusade against this disease that afflicts far too many of our people.

Finally, any agenda for this House must include the need so eloquently expressed by Speaker Sheheen last October: that we must conduct ourselves and perform our duties in a fashion worthy of the trust and responsibility we owe to the people of this state. I assure you, that as your Speaker Pro Tempore, I will do everything within my power to see that our duties of trust and responsibility are faithfully performed.

I am fully aware that as Speaker Pro Tem I have my own duties and responsibilities, and I will work with the Speaker, and with every member to insure harmony, efficiency and accountability for this House.

In the days ahead, I will perform those duties you have entrusted to me to the best of my ability. I thank you for your confidence in me, and I ask for your cooperation, your assistance, and your prayers as we renew our service to our great state of South Carolina."

ELECTION OF THE CLERK

The SPEAKER announced that nominations were in order for Clerk of the House.

Rep. WINSTEAD nominated Mrs. Lois T. Shealy of Gilbert as follows:

"When you speak of the Clerk of the House, you speak of someone that is always there. You freshman members have already met the present clerk, Mrs. Lois Shealy, who I would like to nominate for that position again. You will come to find that as you serve in this House, if you request something of Mrs. Shealy, it is done, and as you continue to serve here for a period of time, you will understand that the duties and responsibilities of the Clerk are a major task in itself. As we sit up here and do our speaking on bills and debate, all that must be taken down, recorded, compiled, votes, and everything else, and that is her responsibility. She has done that for a number of years. She came to this General Assembly as a Journal Clerk in 1953, then went to a General Desk Clerk in 1956, then to Assistant Clerk in 1967, then was elected Clerk in 1978, as which she now serves. I consider it an honor and a privilege to nominate for Clerk of the House of Representatives of South Carolina, Mrs. Lois Shealy."

Rep. KLAPMAN seconded the nomination of Mrs. Shealy.

On motion of Rep. KLAPMAN, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

The oath of office was administered unto her by the SPEAKER.

ELECTION OF READING CLERK

The SPEAKER announced that nominations were in order for Reading Clerk.

Rep. McTEER nominated Mr. Sidney F. Varn of Varnville as follows:

"Thank you, Mr. Speaker. It's always a pleasure for me this first day of Session to nominate Sidney Varn as Reading Clerk. Sidney greets us all when we come back, and I can say this year that he's greeted each of you the first time that you ever walked into these chambers because Sidney has been here longer than any of us. Sidney came in 1944 to work in the House, and has been our Reading Clerk for the last 20 years. Again, it is my privilege to nominate a true gentleman and a true friend, Sidney Varn."

On motion of Rep. ARTHUR, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF CHAPLAIN

The SPEAKER announced that nominations were in order for Chaplain.

Rep. WALDROP nominated the Rev. Dr. Alton C. Clark of Little Mountain as follows:

"Mr. Speaker, ladies and gentlemen of the House, on behalf of myself and Larry Gentry from Saluda County, I would like to nominate Rev. Alton Clark to return as our Chaplain. Each morning as we begin our session, we take for granted that we will have an opening prayer and that everything will just go along smoothly in all aspects. We forget that preparing an opening prayer takes thought, inspiration and an insight into what our problems are here in the House of Representatives. I would like to take this opportunity to thank Rev. Alton Clark for being that caring person who brings us into session each day with a call to be ever mindful of our great responsibilities and to remember that God is our guide if we will just let him be. I would like to nominate Rev. Clark to once again serve as our chaplain as he has done so ably since 1965. He and his bride, Alice, reside in Little Mountain, where they are vital members of their community. Won't you join me in this nomination of Rev. Alton Clark."

On motion of Rep. GENTRY, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF SERGEANT-AT-ARMS

The SPEAKER announced that nominations were in order for Sergeant-at-Arms.

Rep. BENNETT nominated Mr. Richard E. Padgett of Columbia as follows:

"I would like you to join me in the nomination for Sergeant-at-Arms of a fellow veteran who has served us in this capacity for the past twenty years. I know that he has the three traits that really qualify him: he hears no evil, he sees no evil, he speaks no evil. So therefore I'd like to place the name of Richard "Dick" Padgett into nomination. for the office of Sergeant-At-Arms of the House of Representatives."

On motion of Rep. OGBURN, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF ASSISTANT SERGEANT-AT-ARMS

The SPEAKER announced that nominations were in order for an Assistant Sergeant-at-Arms.

Rep. BLANDING nominated Mr. Leroy Cain of Columbia as follows:

"Mr. Speaker, ladies and gentlemen of the General Assembly, I am pleased to rise to place in nomination, unlike my deskmate, Ed Bennett, a person who preaches against evil every Sunday. I'm here to nominate for Assistant Sergeant-at-Arms Rev. Leroy Cain, who has served this body ably as Assistant Sergeant-at-Arms since 1976. He is a native of Batesburg and he has worked in Government since 1955 with Governor George Timmerman, Governor Ernest Hollings, and has even worked with Mayor Lester Bates here in Columbia. So I'm pleased to place into nomination a man who preaches against evil, the Honorable Leroy Cain, Sr. as Assistant Sergeant-at-Arms."

On motion of Rep. GORDON, nominations were closed and with unanimous consent the vote was taken by acclamation, resulting in the election of the nominee.

OFFICERS SWORN IN

The SPEAKER administered the oath of office unto the Reading Clerk, Sidney F. Varn; The Chaplain, the Rev. Dr. Alton C. Clark; the Sergeant-at-Arms, Richard E. Padgett; and the Assistant Sergeant-at-Arms, Leroy Cain.

LEAVE OF ABSENCE

The SPEAKER granted Rep. DAY a leave of absence for the day.

Rep. TOAL moved that the House recede until 2:20 P.M.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired of the Chair whether committee assignments could not be made prior to consideration of the motion that the House recede.

The SPEAKER stated that committee assignments would be made after the adoption of the Rules, but that Rep. FELDER would be welcome to make a motion to that effect after the motion was put to the body.

MEMBERS-ELECT SWORN IN

Mr. JOHN R. RUSSELL, Member-elect from District No. 32, Mr. C. LENOIR STURKIE, Member-elect from District No. 88, and Mr. THOMAS E. HUFF, Member-elect from District No. 83, presented their credentials and the oath of office was administered unto them by the SPEAKER.

Further proceedings were interrupted by the House receding.

THE HOUSE RESUMES

At 2:20 P.M. the House resumed, the SPEAKER in the Chair.

H. 2001-AMENDED AND ADOPTED

The following was introduced.

H. 2001--Reps. Toal, T.M. Burriss, Gentry, Arthur, J. Bradley, Gordon, Harvin, Hendricks, Keyserling, McLellan, Wilkins and Tucker: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 1987 AND 1988 SESSIONS OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

That the following rules are adopted as the Rules of the House of Representatives for the 1987 and 1988 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,
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 no 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 no 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 noes 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.

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 require 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 mike until the Speaker has recognized that person.

3.7         No employee or attache of the House shall, directly or indirectly, interest or concern himself with the passage or consideration of any measure whatsoever. If any employee or attache so interests, or concerns himself with any measure it shall be grounds for summary dismissal.

3.8         No member shall speak more than twice on the same question without leave of the House, except merely to explain his meaning, even if the debate on the question should be continued for many days. In the case of a matter requiring more than one reading, this limitation applies separately to each reading, provided however, notwithstanding that a matter may move from the uncontested to contested calendar or vice versa within the same reading the limitation applies to the entire reading. If a member has the floor and is addressing the body, he shall not lose the floor by asking a question of any member of the body.

3.9         If any member shall be absent without leave and a quorum is not present, the Speaker shall instruct the Sergeant at Arms or appoint other authorized persons to send for such member or members and take them into custody. The outer doors to the chamber shall be closed. The Speaker shall order that security personnel shall be posted at the outer doors of the chamber and no member shall be permitted to leave the second floor of the State House without written leave of the Speaker. The Speaker may also order that security personnel be posted at all entrances to the State House to prevent members from leaving without authorization. An absent member who is taken into custody after the invocation of this rule shall pay for all reasonable expenses incurred, which shall include mileage at the prevailing rate for state employees and a ten dollar custody fee. In addition, such absent member who is taken into custody shall forfeit his entitlement to subsistence and mileage for that legislative day and shall be subject to any additional penalties the House deems necessary. Should a quorum be present and ten members request, such absent member or members shall be sent for as herein provided and subjected to the same penalties. The Speaker shall strictly enforce the provisions of this rule. Provided, however, in the case of a member not being present when Rule 3.9 is invoked and such member voluntarily returns without being taken into custody, he shall not be subject to the penalties of this section.

3.10     As soon as practicable, after the House has been organized, the seats of the members shall be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed on it. These shall be put in a closed box. The Speaker shall then direct a person or persons to draw them out, one by one. As each ballot is drawn, the delegation from that county shall select their seats, in accordance with the county in which the member resides. In the event a member's district consists of more than one county, the member may elect to be seated with the delegation the member desires, provided the member indicates the preference to the Clerk of the House prior to balloting. No delegation may select more than one seat on the main aisle.

3.11     As soon as practicable, after the House has been organized, office space of members shall be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed thereon. Ballots shall be placed in a closed box and the Speaker shall then direct a person or persons to draw them out one by one. After each ballot is drawn, the members from that county shall select their office space in accordance with the county in which the member resides based on a floor plan prepared by the House Operations and Management Committee. In the event a member's district consists of more than one county or parts of more than one county, or represents a county with only one district, the member concerned may select office space with or adjoining the delegation the member desires provided the member indicates his preference to the House Operations and Management Committee prior to balloting and, providing that space in the area selected by a particular county is available, provided however, in order to contain the cost of office relocation, a member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. This preference must be stated before ballots for offices are drawn. If such 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, Speaker Emeritus, 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 and Natural Resources (Fish, Game, Forestry, State Parks, Rural Development) -- 18.

4.     Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) -- 18.

5.     Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) -- 18.

6.     Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) -- 18.

7.     Committee on Rules -- 15.

8.     Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) -- 5.

9.     House of Representatives Legislative Ethics Committee -- 6.

10.     Committee on Invitations and Memorial Resolutions (Invitations, Resolutions memorializing the Federal or State Government or any official or agency thereof, sympathy and congratulatory Resolutions) -- 3.

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.

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.

(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 following the General Election.

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.

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 c]early 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 strictly construed and no precedents established, prior to January 1, 1983, in construing this paragraph shall be considered. 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 shall be printed at each stage in their passage, so as to show the amounts appropriated for any of the purposes therein for the fiscal year immediately preceding, the amounts requested by the institution or department, the amounts recommended by the Budget Commission, the amounts approved by the Ways and Means Committee, the amounts passed by the House, the amounts approved by the Senate Finance Committee, the amounts passed by the Senate, and the amounts agreed upon by the Free Conference Committee.

Provided, further, that appropriation shall be itemized by the major budget classifications established pursuant to law (Personal Service, Contractual Services, Supplies, Fixed Charges and Contributions, Contingencies, Equipment, Permanent Improvements, Debt Service, Public Assistance Payments and Distribution to Subdivisions).

Provided, further, that appropriations for Personal Service shall be shown by position category (Classified, Unclassified, Part-time, or other categories which may be appropriate) and the number of employees in each such position category.

Provided, further, that where nonappropriated funds are paid to State employees for Personal Service, the amount thereof paid to such employees shall be shown for each position classification in addition to the amounts appropriated from State funds for such position classification.

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.

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.

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 two 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 2:00 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:00 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 12:30 midday for luncheon and reconvene at 2:00 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 14(a) 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.         Consideration of unanimous consent requests.

12.         Consideration of contested bills and joint resolutions on third reading in the order in which they appear on the Calendar.

13.         Motion period.

14.         Consideration of 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.

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 7(a) and (b) of this Rule shall be limited to a total of ten minutes only.

f. Consideration of uncontested statewide bills and joint resolutions on third and second readings as provided in subsection 8(a) 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 electric 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 gong. Thirty seconds after the gong has been sounded, 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 ayes and noes 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 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 gong has been sounded, the Speaker shall ask the question: "Have all members present voted?" after a pause, the Speaker shall lock the machine and instruct the Clerk to record the vote and the Speaker shall announce the result of the vote.

(c) After the voting machine is locked, no member may change his vote and the votes of tardy members shall not be counted.

(d) SubJect to the provisions of Rule 2.10, the vote as electrically 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.

(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.

7.4         If the electric roll call machine is declared by the Speaker of the House to be inoperative, the "Ayes" and "Noes" shall be taken by the Reading Clerk calling each member's name in alphabetical order and each member responding by answering simply: "Aye" or "No". Every member who may be in the House when called may give his vote.

Provided, further, that when the electric 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 noes 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 noes 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 ln the orders of the day not regularly reached

To proceed to the orders of the day

To discharge, lay aside for the day, depart from, or suspend the orders

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 noes, 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 three 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 shall observe appropriate attire which shall mean shirt and tie (with coats optional) for male pages and dignified dress for female pages. This provision shall be enforced by the Speaker.

10.6     Provided, notwithstanding any other rule, House Resolutions, Invitations and Memorials shall be accepted at the desk during the Organizational Session and shall be approved only by unanimous consent for passage.

Rep. TOAL explained the Resolution.

Rep. CARNELL moved that the House adopt Rules 1.9, 4.1 and 4.2 and to defer adoption of the remaining Rules until January.

Rep. TOAL spoke against the motion.

Rep. McEACHIN moved to table the motion which was agreed to.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 1 (Doc. No. 0751Y), which was adopted.

Amend the resolution, as and if amended, by striking /Speaker Emeritus,/ as contained on line 3 of the last paragraph of Rule 3.11 on page 11.

Renumber to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 2 (Doc. No. 0749Y), which was adopted.

Amend the Resolution, as and if amended, by striking item 10 of Rule 4.2 on page 13 and inserting:

/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 ) -- 3 5./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 3 (Doc. No. 0748Y), which was adopted.

Amend the resolution, as and if amended, in Rule 5.1 by striking beginning on the next-to-last line of page 21 /following the General Election/ and inserting /of completion of the Organizational Session of the House/.

Renumber to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 4 (Doc. No. 0747Y), which was adopted.

Amend the resolution, as and if amended, by inserting at the end of the first paragraph of Rule 5.2, beginning on page 22, the following:

/After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added./

Renumber to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 5 (Doc. No. 0750Y), which was adopted.

Amend the resolution, as and if amended, by striking beginning on line 30 of Rule 5.3, as contained on page 23 /and no precedents established, prior to January 1, 1983, in construing this paragraph shall be considered/.

Renumbered to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 6 (Doc. No. 0771Y), which was adopted.

Amend the resolution, as and if amended, by inserting immediately after /consideration/ as contained on the last line of Rule 5.17 on page 30 /if there is any time remaining in the applicable period for that day for that bill or resolution/.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 7 (Doc. No. 0745Y), which was adopted.

Amend the Resolution, as and if amended, by striking /2:00 p.m./ as contained on lines 13 and 15 of Rule 6.1 on page 31 and inserting /2:15 p.m./

Amend further, by striking /12:30 midday/ in Rule 6.1 as contained on line 4 of page 32 and inserting /1:00 p.m./

Amend further, by striking /2:00 p.m./ in Rule 6.1 as contained on line 5 of page 32 and inserting /2:15 p.m./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 8 (Doc. No. 0773Y), which was adopted.

Amend the resolution, as and if amended, Rule 6.3, by inserting immediately after subsection 11, which begins on line 13 of page 33, a new subsection 11A. to read

/11A. Consideration of local contested bills and joint resolutions on third reading./

Amend further, Rule 6.3, page 33, by inserting immediately before /contested/ on line 1 of subsection 12 /statewide/.

Amend further, Rule 6.3, page 33, by inserting immediately after subsection 13 as contained on line 18, a new subsection 13A. to read

/13A. Consideration of local contested bills and joint resolutions on second reading./

Amend further, Rule 6.3, page 33, by inserting immediately before /contested/ on line 1 of subsection 14 /statewide/.

Amend further, Rule 6.3, page 34, by adding at the end of subitem e /Consideration of contested local bills and joint resolutions on second and third readings as provided in subsections 11A and 13A 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./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 9 (Doc. No. 0746Y), which was adopted.

Amend the resolution, as and if amended, Rule 8.11, page 43, by striking beginning on line 4:

/To discharge, lay aside for the day, depart from, or suspend the orders/.

Renumbered to conform.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Reps. TOAL, T.M. BURRISS, GENTRY, ARTHUR, J. BRADLEY, GORDON, HARVIN, HENDRICKS, HUFF, KEYSERLING, McLELLAN, McTEER, WILKINS and TUCKER proposed the following Amendment No. 10 (Doc. No. 0772Y), which was adopted.

Amend the resolution, as and if amended, Rule 10.5, page 49, by striking the second paragraph and inserting:

/Pages and guests of the House shall observe appropriate attire which shall mean shirt and tie (with coats optional) for males and dignified dress (meaning dress or skirt and blouse) for females. This provision must be enforced by the Speaker./

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Rep. CORK proposed the following Amendment No. 11 (Doc. No. 0737Y), which was later rejected.

Amend the house resolution, as and if amended, by adding to Rule 10 of the House of Representatives an appropriately numbered paragraph to read:

"10. _____ Cigarette, cigar, and pipe smoking is prohibited in the Hall of the House."

Renumber sections to conform.

Amend title to conform.

Rep. CORK explained the amendment.

Reps. SNOW, R. BROWN, RHOAD and G. BROWN spoke against the amendment.

Reps. EVATT and GILBERT spoke in favor of the amendment.

Rep. NETTLES moved to table the amendment.

Rep. SNOW demanded the yeas and nays, which were taken resulting as follows:

Yeas 58; Nays 59

Those who voted in the affirmative are:

Bailey, G.             Bailey, K.             Barfield
Baxley                 Beasley                Blanding
Brown, G.              Brown, R.              Chamblee
Dangerfield            Edwards                Elliott
Faber                  Fair                   Foster
Foxworth               Gregory                Harvin
Hawkins                Helmly                 Hendricks
Holt                   Johnson, J.W.          Kay
Kirsh                  Limehouse              Lockemy
Martin, D              Martin, L.             McAbee
McBride                McEachin               McElveen
McKay                  McLeod, E.             McLeod, J.
Neilson                Nettles                Ogburn
Pearce                 Rhoad                  Rice
Rogers, J.             Russell                Shelton
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Toal                   Townsend               Tucker
Waldrop                Washington             Wilder
Williams

Total--58

Those who voted in the negative are:

Alexander, M.          Alexander, T.          Altman
Arthur                 Aydlette               Baker
Bennett                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Burriss, J.N.          Burriss, N.D.
Burriss, T.M.          Carnell                Clyborne
Cooper                 Cork                   Corning
Davenport              Derrick                Evatt
Felder                 Ferguson               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Haskins                Hayes
Hearn                  Huff                   Johnson, J.C.
Jones                  Klapman                Kohn
Lewis                  Mappus                 Mattos
McGinnis               McLellan               McTeer
Moss                   Nesbitt                Petty
Phillips, L.           Phillips, O.           Rogers, T.
Rudnick                Sharpe                 Sheheen
Sturkie                Wells                  Whipper
Wilkins                Winstead

Total--59

So, the House refused to table the amendment.

Rep. BEASLEY spoke against the amendment.

Reps. T.M. BURRISS, CORDON and FERGUSON spoke in favor of the amendment.

Rep. SIMPSON spoke against the amendment.

Rep. TOAL moved immediate cloture on the entire matter.

POINT OF ORDER

Rep. BLACKWELL raised the Point of Order that the motion for the previous question was out of order as the House was not operating under rules at this time.

The SPEAKER stated that when the House had no rules, it operated under Mason's Manual, that Mason's allowed for the motion for the previous question, and he overruled the Point of Order.

Rep. McEACHIN then inquired what the necessary vote was for the passage of the motion.

The SPEAKER stated that a simple majority vote was necessary to pass the motion and, if passed, debate would be cut off immediately.

The question then recurred to the motion to invoke immediate cloture.

Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:

Yeas 82; Nays 34

Those who voted in the affirmative are:

Alexander, M.          Alexander, T.          Altman
Arthur                 Baker                  Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, C.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Davenport              Derrick
Evatt                  Faber                  Fair
Felder                 Ferguson               Foster
Gentry                 Gregory                Harris, J.
Harris, P.             Haskins                Hayes
Helmly                 Hendricks              Huff
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Lewis                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McTeer
Nesbitt                Ogburn                 Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Russell                Sheheen
Shelton                Short                  Sturkie
Taylor                 Toal                   Townsend
Tucker                 Washington             Wells
White                  Wilder                 Wilkins
Williams

Total--82

Those who voted in the negative are:

Aydlette               Bailey, G.             Bailey, K.
Barfield               Bradley, J.            Bradley, P.
Brown, J.              Brown, R.              Edwards
Elliott                Foxworth               Gilbert
Gordon                 Harvin                 Hawkins
Hearn                  Holt                   Limehouse
Lockemy                McEachin               McKay
McLeod, E.             McLeod, J.             Moss
Neilson                Nettles                Rogers, J.
Sharpe                 Simpson                Snow
Stoddard               Thrailkill             Waldrop
Winstead

Total--34

So, immediate cloture was ordered.

The question then recurred to the adoption of the amendment.

Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 61

Those who voted in the affirmative are:

Alexander, M.          Alexander, T.          Arthur
Aydlette               Baker                  Bennett
Blackwell              Boan                   Bradley, J.
Brown, H.              Burriss, J.H.          Burriss, T.M.
Clyborne               Cooper                 Cork
Corning                Davenport              Derrick
Evatt                  Felder                 Ferguson
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Haskins
Hayes                  Hearn                  Helmly
Huff                   Johnson, J.C.          Jones
Klapman                Kohn                   Lewis
Mappus                 McGinnis               McLellan
McTeer                 Nesbitt                Phillips, L.
Phillips, O.           Rogers, T.             Rudnick
Russell                Sharpe                 Sheheen
Sturkie                Washington             Wells
Whipper                Wilkins                Winstead

Total--54

Those who voted in the negative are:

Altman                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Blanding               Bradley, P.            Brown, G.
Brown, R.              Burriss, M.D.          Carnell
Chamblee               Edwards                Elliott
Faber                  Fair                   Foxworth
Gregory                Harvin                 Hawkins
Hendricks              Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Limehouse              Lockemy                Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McEachin               McElveen
McKay                  McLeod, E.             McLeod, J.
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Petty
Rhoad                  Rice                   Rogers, J.
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Wilder
Williams

Total--61

So, the amendment was rejected.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. M.O. ALEXANDER moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

PRINTING OF CALENDAR WAIVED

Rep. M.O. ALEXANDER moved that the printing of the Calendar be waived, which was agreed to.

Rep. CORK proposed the following Amendment No. 12 (Doc. No. 0740Y), which was tabled.

Amend the house resolution, as and if amended, by striking Rule 3.10 of the House of Representatives and inserting:

"Rule 3.10. As soon as practicable, after the House has been organized, the seats of the members shall must be allotted as follows:

The Clerk shall prepare a ballot for each county member with only its his name and the following printed on it . : Do you smoke?

Yes [ ]
No [ ]

These shall The names of smokers must be put in a closed box and the names of nonsmokers must be put in another box. The Speaker shall then direct a person or persons to draw them out, one by one first from the smokers' box. 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. The member whose name is drawn first must be assigned seat one, the member whose name is drawn next must be assigned seat two, and the same procedure must be followed until all smokers are assigned seats consecutively.

Names of nonsmokers must be then drawn and the first name drawn from the nonsmokers' box must be assigned the seat following the last seat assigned to smokers and the procedure must be followed until all members are assigned seats."

Renumber sections to conform.

Amend title to conform.

Rep. CORK explained the amendment.

Rep. TOAL moved to table the amendment which was agreed to by a division vote of 77 to 15.

Rep. RUDNICK proposed the following Amendment No. 14 (Doc. No. 0759Y), which was tabled.

Amend the resolution, as and if amended, in Rule 4.4 by adding immediately after /House./ on line 18, page 16, the following /Notwithstanding any other provision to the contrary, the House may recall a bill or resolution from committee by a three-fifths vote of those present and voting after the bill or resolution has been in committee for a period of twenty-one legislative days./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. TOAL moved to table the amendment which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 15 (Doc. No. 0757Y), which was tabled.

Amend the resolution, as and if amended, by adding at the end of Rule 5.18 as contained on page 30:

/It must be returned to the floor for debate, or such other action as may be appropriate, by the committee together with its favorable or unfavorable report thereon within ten legislative days from the date of its recommittal or second or subsequent referral./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. FELDER moved to table the amendment which was agreed to by a division vote of 59 to 12.

Rep. RUDNICK proposed the following Amendment No. 16 (Doc. No. 0754Y), which was tabled.

Amend the resolution, as and if amended, by adding at the end of Rule 6.1 on page 32, the following:

/Provided, further, that notwithstanding the above provisions of this rule, and unless otherwise ordered by the House by a two-thirds vote, when the General Appropriations Bill is under second reading consideration on a particular legislative day, the House must meet at 10:00 a.m. on that day, may recede at 1:00 p.m. for lunch to reconvene at 2:00 p.m., may recede at 6:00 p.m. for dinner to reconvene at 7 :00 p.m., and must adjourn no earlier than 10:00 p.m. of that day. The provisions of this proviso do not apply to the first legislative day and last legislative day the General Appropriations Bill is under second reading consideration by the House./

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. TOAL moved to table the amendment which was agreed to by a division vote of 88 to 10.

Reps. BLACKWELL and J. BRADLEY proposed the following Amendment No. 18, which was tabled.

Amend as and if amended on page 47, (Rule 10.1) strike on the second and third lines the words "the members of the Press as designated by the Speaker of the House of Representatives".

Rep. BLACKWELL explained the amendment.

Reps. FOXWORTH and TOAL spoke against the amendment.

Rep. J. BRADLEY spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 65 to 19.

Rep. RUDNICK proposed the following Amendment No. 19 (Doc. No. 0779Y), which was tabled.

Amend the resolution, as and if amended, by inserting at the end of the first paragraph of Rule 5.2, as contained on page 22, the following:

/The Clerk shall keep on the desk those bills and resolutions on which the principal author is willing to accept additional co-sponsors and any member before that bill or resolution is given first reading may review these bills and resolutions and add his name as a co-sponsor thereto. The Clerk shall keep in a separate place on the desk those bills or resolutions on which the principal author is not willing to accept additional co-sponsors which bills or resolutions are not subJect to review before first reading by any member who is not a sponsor of that bill or resolution./

Amend title to conform.

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to.

Rep. T. ROGERS proposed the following Amendment No. 20 (Doc. No. 0784Y), which was tabled.

Amend the resolution, as and if amended, Rule 10.5, page 49, by inserting at the end of the second paragraph as amended by the amendment of Representative Toal dated December 2, 1986, document No. 0772Y /This provision does not apply to members of the working press./, so that the second paragraph when amended shall read:

/Pages and guests of the House shall observe appropriate attire which shall mean shirt and tie (with coats optional) for males and dignified dress (meaning dress or skirt and blouse) for females. This provision must be enforced by the Speaker. This provision does not apply to members of the working press./

Amend title to conform.

Rep. T. ROGERS explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 71 to 20.

The question then recurred to the adoption of the Resolution, as amended, which was agreed to.

RESIGNATION

The following was received.

December 2, 1986
The Honorable Robert J. Sheheen
Speaker, South Carolina House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Bob:

As you know, I have recently been confirmed as a United States District Judge and therefore will have to resign from the House of Representatives. I herewith tender my resignation, effective at 5:00 p.m. on December 3, 1986. I will work very closely with whomever is chosen as my successor to provide for an orderly transition so that the people of House District #82 will be well represented in the future.

Although I am excited about my new position and am eagerly looking forward to assuming the bench, I will certainly miss working with you and the other members of the General Assembly. Service in the legislature has been a personally rewarding task for me and my love for my work has been exceeded only by my esteem and respect for my colleagues in the House.

May I take this opportunity to thank you for all your friendship, help and wise counsel over the past six years. The House is indeed in good hands with you sitting in the Speaker's chair. As a judge, politics will necessarily have to be a spectator sport for me in the future, but I will follow the work of the House with great interest, for I am convinced that it is going to be a strong, efficient and productive institution, of which all South Carolinians can be proud.

With kind personal regards and best wishes in which Susan joins me, I am,

Yours very truly,
Joe F. Anderson, Jr.

Received as information.

Rep. BEASLEY moved that the House do now adjourn which was adopted.

ADJOURNMENT

At 5:15 P.M. the House in accordance with the motion of Rep. BEASLEY adjourned to meet at 10:00 A.M. tomorrow.

* * *


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