South Carolina General Assembly
115th Session, 2003-2004

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H. 3316

STATUS INFORMATION

House Resolution
Sponsors: Rules Committee
Document Path: l:\council\bills\dka\3145dw03.doc

Introduced in the House on January 15, 2003
Adopted by the House on January 15, 2003

Summary: Rules of the House of Representatives

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/15/2003  House   Introduced and adopted HJ-26

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/15/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A HOUSE RESOLUTION

TO AMEND RULE 4.4 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE MEETING OF COMMITTEES, SO AS TO ADD A RESCISSION BILL TO THE LIST OF BILLS WHICH MAY BE CONSIDERED BY MAJORITY RATHER THAN TWO-THIRDS VOTE; TO AMEND RULE 4.6, RELATING TO THE CONSIDERATION OF A BILL OR RESOLUTION BY A COMMITTEE OR SUBCOMMITTEE, SO AS TO PROVIDE THAT A MEMBER MAY REQUEST CONSIDERATION ONLY ONE TIME FOR EACH BILL OR RESOLUTION DURING A LEGISLATIVE SESSION; TO AMEND RULE 8.6, RELATING TO INVOKING THE PREVIOUS QUESTION, SO AS TO REQUIRE THAT AFTER THE PREVIOUS QUESTION HAS BEEN INVOKED, THE PRIMARY SPONSOR OF AN AMENDMENT MAY WITHDRAW IT WITH UNANIMOUS CONSENT WITHOUT MAKING A MOTION TO TABLE IT; TO AMEND RULE 8.10, RELATING TO CALLING FOR THE DIVISION OF A QUESTION, SO AS TO PROVIDE THAT A BILL MAY NOT BE DIVIDED INTO SEPARATE PARTS; AND TO AMEND RULE 10.1, RELATING TO A PERSON ADMITTED WITHIN THE HOUSE CHAMBERS DURING A SESSION OF THE HOUSE, SO AS TO REQUIRE THAT CAUCUS EMPLOYEES MUST STAY BEHIND THE RAIL IN THE BACK OF THE CHAMBER AT ALL TIMES WHEN THE HOUSE IS IN SESSION.

Be it resolved by the House of Representatives:

(1)    That Rule 4.4 of the House of Representatives is amended to read:

"4.4    Committees shall meet regularly to consider pending legislation in the room assigned for their use by the Speaker. Notice of date, time, and place of such meetings shall be posted on a bulletin board provided for this purpose in the lobby. Whenever feasible twenty-four hour advance notice shall be given for all committee meetings. Such notice shall be mailed to the members by the committee chairmen when the House is not in session. Notice of regular and special meetings shall also be given by the administrative assistants to each member of the committees and to the Sergeant at Arms in the manner the committee deems proper. Information as to subcommittee meetings shall be provided by the administrative assistants to the Sergeant at Arms and shall be available at the Sergeant at Arms' desk. Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown. No committee shall meet while the House is in session without special leave by the Speaker. Provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report its message to the House at any time.

No committee shall sit unless a quorum be present and all bills introduced by committees must carry the statement of the Chairman that the bill has the approval of two-thirds of the membership of the committee, except that the State Appropriations Bill, the Supplemental Appropriations Bill, a Rescission 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.

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 shall be taken on a bill or resolution except at a regular or called meeting, but this shall not apply to resolutions referred to the Committee on Invitations and Memorial Resolutions.

When any standing committee or subcommittee schedules a public hearing on a bill or resolution, the principal sponsor of such bill or resolution shall be notified of the time and place of such hearing not less than five calendar days prior to the hearing date."

(2)    That Rule 4.6 of the House of Representatives is amended to read:

"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 a sponsor or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full committee or subcommittee which shall be no later than seven legislative working days thereafter. Provided, however, that a member may request consideration of a bill or resolution pursuant to this rule only one time per bill or resolution during a legislative session."

(3)    That Rule 8.6 of the House of Representatives is amended to read:

"8.6    The previous question upon any matter may be invoked as follows:

Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The proponents of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill, the time being equally divided between opponents and proponents with no person to speak more than ten minutes. Provided, that after the previous question has been invoked, the primary sponsor of an amendment may withdraw it with unanimous consent without making a motion to table it.

Provided, a motion to adjourn debate shall be in order even though the previous question has been invoked.

Provided, further, 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."

(4)    That Rule 8.10 of the House of Representatives is amended to read:

"8.10    Any member may without debate, call for the division of a question and the House may divide the question if the Speaker determines the question so distinct that, one being taken away, the rest may stand entirely on its own. Provided, however, that a bill may not be divided into separate parts."

(5)    That Rule 10.1 of the House of Representatives is amended to read:

"10.1    Only the following persons shall be admitted within the House Chamber during a session of the House unless otherwise authorized by House Resolution.

The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses, provided, however, that caucus employees must stay behind the rail in the back of the chamber at all times when the House is in session; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by anyone except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session.

Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is reelected to either House of the General Assembly after the conviction of the crime referred to in this paragraph."

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