South Carolina General Assembly
117th Session, 2007-2008

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Bill 4546


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Indicates New Matter


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

A HOUSE RESOLUTION

TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, BY ADDING RULE 5.3F SO AS TO DEFINE CERTAIN TERMS INCLUDING "EARMARK PROJECT OR PROGRAM", TO PROVIDE FOR PROCEDURES FOR CONSIDERATION OF EARMARK PROJECTS OR PROGRAMS WHILE CONSIDERING THE REVENUE AND APPROPRIATION LEGISLATION; AND TO AMEND RULE 5.12, RELATING TO TIME LIMITS AFTER WHICH LEGISLATION RECEIVED FROM THE SENATE MUST BE RECEIVED IN ORDER TO BE CONSIDERED, SO AS TO CLARIFY THAT THE LEGISLATION MUST BE RECEIVED BY MAY FIRST INSTEAD OF PRIOR TO THAT DATE.

(1)    That Rule 5.3 of the Rules of the House of Representatives is amended by adding a new subsection to read:

"F.    Earmark Projects and Programs: For purposes of this section:

1.    'Appropriations bill' means the annual general appropriations bill, a supplemental appropriations bill, the joint resolution appropriating revenues of the capital reserve fund, a bill appropriating contingency reserve fund revenues, bond bills, or any other bill appropriating state revenues while under consideration by the House Ways and Means Committee or Senate Finance Committee or any subcommittee of it and any free conference committee on an appropriations bill. For purposes of this definition, a bill includes a joint resolution.

2.    'Earmark project or program' means:

a.    an appropriation for a specific program or project not originating with a written agency budget request or not included in an appropriations bill from the prior fiscal year;

b.    an appropriations bill proviso directing the expenditure of funds appropriated to an agency for a purpose not originating with a written agency budget request or not included in an appropriations bill from the prior fiscal year.

3.    Each request for an earmark project or program included in an appropriations bill must be memorialized in writing on a form designed by the chairman of the House Ways and Means Committee. The form must include the member's name who requested the earmark project or program, an explanation of the earmark project or program requested, and such other information as the form may require. The form must be filed with the House Ways and Means Committee.

4.    Each request for an earmark project or program included in the House Ways and Means Committee version of an appropriations bill must be listed on a separate document prepared by the appropriate committee and placed on the members' desks before beginning debate of the appropriations bill on second reading. The document must include the members' name requesting the earmark project or program, a brief description of the earmark project or program request, and such other information as the form may require and must be posted on the General Assembly's web site.

5.    An earmark project or program request made while an appropriations bill is in the Senate and is included in the report of a committee of conference must be listed on a separate document, similar to the form described in item 3., and placed on the members' desks before beginning debate of the report of the committee of conference. The chairman of the House Ways and Means Committee is charged with providing this form to the House membership.

6.    An earmark project or program request made while an appropriations bill is in a committee of free conference must be listed on a separate document, similar to the form described in item 3., and placed on the members' desks before beginning debate of the report of the committee of free conference. The chairman of the House Ways and Means Committee is charged with providing this form to the House membership.

7.    If the provisions of this subsection are not followed in reference to an individual earmark project or program, a two-thirds vote of the membership present and voting is required to include the earmark project or program in the appropriations bill or the report of the committee of conference or free conference."

(2)    That Rule 5.12 of the Rules of the House of Representatives is amended to read:

"5.12    No statewide bill or joint resolution, except an appropriations bill, general, supplemental, deficiency, or a joint resolution approving or disapproving regulations of a state agency shall be considered unless (1) such legislation is introduced in the House prior to April fifteenth of the second year of a two-year legislative session or (2) such legislation shall have been introduced in the Senate and received prior to by May first in the House, unless in either event it was introduced in the previous year and was carried over to the year in which it is to be considered; provided, however, that nothing herein shall prevent a statewide bill or joint resolution from being received, given first reading, and referred to the appropriate committee. No such bill or joint resolution shall be placed on the calendar for further consideration unless two-thirds of those members present and voting agree to waive the rule. Once voted on and rejected, no further vote shall be allowed to waive this rule. The motion to waive this rule shall not be debatable, except that the mover shall have the right to make a three-minute explanation of his motion. The provisions of this rule shall apply only to regular sessions of the General Assembly as opposed to special sessions of the General Assembly. The Speaker shall enforce the deadlines provided by this rule and shall not allow consideration without putting the question of waiver before the House."

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