Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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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.


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4.13 No person shall be permitted to address the House, or the Joint Assembly, except by written resolution, and such resolution shall be referred to the Committee on Invitations and Memorial Resolutions before being considered by the House. The Committee shall not extend an invitation: (1) to any person or group to address the House or the Joint Assembly or to appear unless such person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the State or (2) to any individual or group for any artistic performance during the established hours of meeting.

Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its Committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May.

4.14 No member of a committee shall be allowed under any circumstances to vote by proxy; however, pairing shall be allowed.

4.15 None of the House Rules shall be rescinded, suspended or altered, except by written resolution which has been referred to the Rules Committee, and agreed to by two-thirds of the members present, after the committee has made its report. Provided, that any rule may be amended by a simple majority until the last Thursday in January, 1995.

4.16 a. The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:

(1) upon request of any member, officer or employee of the House of - Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest;

(2) to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered;

(3) upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the Committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.

b. All papers, documents and proceedings relating to conduct or disciplinary action against members are confidential and must be handled


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in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 20 of the South Carolina Appellate Court Rules unless made public by the committee in a report to the House of Representatives.

4.17 The Standing Committees may order to be printed for their use, such papers as shall be referred to them.

4.18 The House shall not resolve itself into Executive Session except under those circumstances permitted by the laws of this State, and then only upon a vote of two-thirds of the membership present and voting, a quorum being present. Upon resolving itself into Executive Session the Halls of the House shall be cleared of all persons except the members of the House, the Clerk of the House and the Sergeant at Arms.

No action shall be taken which violates the Statutory Law of this State and when such action is permissible it shall only be taken upon a two thirds vote of the membership present and voting, a quorum being present.

RULE 5

BILLS, RESOLUTIONS AND REPORTS

5.1 No notice shall be required of a member of his intention to introduce a bill or resolution. Any member may introduce bills or resolutions which shall be received by the House staff whether or not the House is in session. Bills and resolutions so received shall be periodically referred by the Speaker of the House to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the House reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the House, for second reading consideration; provided, however, that bills appropriating revenue shall be referred to the Ways and Means Committee. Provided, further, that bills and resolutions creating study committees shall first be referred to the appropriate standing committee having jurisdiction of the subject matter of the bill or resolution. The Clerk of the House shall establish procedures to notify the House membership on a monthly basis of bills and resolutions introduced during periods when the journal is not printed.

All bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.

In those years in which all seats of the House are up for election, no bill shall be received for prefiling between the dates of adjournment sine die and the date of completion of the Organizational Session of the House.


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When the House of Representatives is not in session and bills are being prefiled and assigned to committees, any member who wishes to have their name added as a sponsor of a bill may do so by notifying the Clerk of the House in writing. The Clerk shall then notify the Chairman of the committee to which the bill has been assigned and their name shall be added. If a member wishes to sponsor a bill individually then they shall so indicate on the face of the bill and no additional sponsors shall be allowed.

5.2 Every bill, before presentation, shall have its title endorsed; every report, its title at length, every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed, and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.

And every bill or joint resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes or of any Act of Assembly or Joint Resolution, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution, so sought to be amended or repealed. If this be not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading that the bill or resolution is being considered by the House.

Every bill or joint resolution proposing to amend any section or clearly identifiable subdivision or portion of a section of any chapter of the General Statutes, or of any Act of Assembly or joint resolution, shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this Rule be not complied with, the bill or Joint Resolution shall be amended so as to conform to this Rule before it be considered by the House. Any member may require such amendment at any time a bill or resolution not in conformance herewith is being considered by the House.

5.3 Every General Appropriations Bill and Supplemental Appropriations Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board 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


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Appropriations 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 Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills.

After passage on second reading and before its consideration on third reading, every General Appropriations Bill, and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board 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. The following requirement applies to the report of the Conference Committee on the Annual Appropriations Bill: Any provision offered for inclusion in the Annual Appropriations Bill which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the Bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements.

All State Appropriations Bills must be printed at each stage in their passage so that:

a. The House Ways and Means Committee version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee.


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b. The House version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee and the amounts passed by the House.

c. The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee.

d. The Appropriations Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund.

Provided, further, that the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart.

Provided, further, that minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation.

Provided, further, that where the major portion of the operating funds to any department, institution or principal operational division thereof is derived from Federal or other nonappropriated funds, the total appropriation for each major budget classification may be shown and the relative contributions of State and nonappropriated funds therefor shall be shown as completely as possible.

Provided, that the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.

Provided, further, that any Bill or resolution considered by the House of Representatives, upon second reading, that raises revenue must conform to the provisions of Article III, Section 15 of the South Carolina Constitution.

5.4 No bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.

5.5 No bill or joint resolution shall be introduced as a delegation bill or resolution unless such bill or resolution related only to local matters concerning the county which such delegation represents.

5.6 Except as provided in subsection 5.1, the first reading of the bill shall be by title only. No amendments shall then be in order and the bill shall be referred to some committee, unless the House unanimously agree, without debate, to dispense with reference.

5.7 Upon the second reading of a bill, after all amendments and privileged motions have been disposed of, the question shall be the passage of the bill. Upon a decision in the affirmative, the order shall be made accordingly and the bill shall take its place on the calendar for third reading.


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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 Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations 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


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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 effecting 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.


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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 (A) Upon the consideration of any statewide uncontested bill or joint resolution an objection by five (5) members at any time prevents the consideration of the statewide bill or resolution and it then must be placed upon the statewide contested calendar and remain on it 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 five (5) or more, the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that statewide day for that bill or resolution.

(B) Upon the consideration of any local uncontested bill or joint resolution an objection by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it 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, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution.

5.18 If any bill or resolution shall be recommitted or referred to the same committee or another committee retaining its place on the calendar, the same may be listed on the calendar by number only until it is returned to the floor for debate or such action as may be appropriate.


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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 Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.

5.20 Notwithstanding the provisions of any other House rule, no House or Concurrent Resolution memorializing the Congress of the United States, the President of the United States, or any state or federal department, agency, or official shall receive immediate consideration but shall be referred to the Committee on Invitations and Memorial Resolutions and shall remain in such committee unless three members of the committee vote to report the resolution out of committee. No such resolution may be recalled from committee.

RULE 6

DAILY ORDER OF BUSINESS AND CALENDAR

6.1 The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first six weeks of the legislative sessions, unless a majority of the House members present object the House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:15 p.m. adjournment on Tuesdays shall not apply when the General Appropriations Bill is under consideration by the House.


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