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South Carolina’s Legislative Process

South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

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Page 1: South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

South Carolina’sLegislative Process

Page 2: South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

THELEGISLATIVEPROCESS

Page 3: South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

August 201014th Edition

Page 4: South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

THE LEGISLATIVE PROCESSThe contents of this pamphlet consist ofSouth Carolina’s Legislative Process, pub-lished by Charles F. Reid, Clerk of the SouthCarolina House of Representatives. Thematerial is reproduced with permission.

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Page 6: South Carolina’s Legislative Process · THE LEGISLATIVE PROCESS Thecontentsofthispamphletconsistof SouthCarolina’sLegislativeProcess,pub - lishedbyCharlesF.Reid,ClerkoftheSouth

SouthCarolina’sLegislativeProcess

HISTORYTo understand the legislative process, it is nec-

essary to know a few facts about the lawmak-ing body. The South Carolina Legislature consistsof two bodies—the Senate and the House of Rep-resentatives. There are 170 members—46 Sena-tors and 124 Representatives representingdistricts based on population. When these twobodies are referred to collectively, the Senate andHouse are together called the General Assembly.

To be eligible to be a Representative, a personmust be at least 21 years old, and Senators mustbe at least 25 years old. Members of the Houseserve for two years; Senators serve for four years.The terms of office begin on the Monday followingthe General Election, held in even numbered yearson the first Tuesday after the first Monday inNovember.

The Constitution provides members immunityfrom arrest while attending and traveling to andfrom the General Assembly during the session andfor ten days before and ten days after adjournment.There is no immunity for a member charged withcertain criminal offenses: treason, felony or breachof the peace.

Each body can punish its members for disor-derly behavior if it sees fit to do so. If two-thirdsof the members agree, the body can expel a mem-ber from the session, but the body cannot expel thesame member a second time for the same reason.

Members of the House meet on the first Tues-day following certification of the election for amaximum of three days to organize. This organi-zational session includes: election of officers,

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appointment of standing committees, adoptionof rules, assignment of desks and other house-keeping details. The presiding officer of the Houseis the Speaker, who is a member of the Houseelected by fellow House members for a two-yearterm. Other officers elected are Speaker Pro Tem-pore, Clerk, Chaplain, Reading Clerk and Sergeant-at-Arms.

The Lieutenant Governor is elected in statewideelection and serves as President of the Senatealthough he is not a Senator. While presiding, hedoes not vote except where the vote is tied. TheSenate chooses a President Pro Tempore to act inthe absence of the Lieutenant Governor. OtherSenate officers are Clerk, Chaplain, Reading Clerkand Sergeant-at-Arms.

The Legislature begins in regular session annu-ally in Columbia on the second Tuesday in Januaryand must adjourn sine die not later than the firstThursday in June unless an extension is agreed toby a two-thirds vote of both bodies. Normally, theHouse and Senate meet in statewide session onTuesday, Wednesday and Thursday and for localmatters on Friday. The Governor may call the Gen-eral Assembly into a special session if necessary,beyond the regular session.

Each member of the House and Senate is paidan annual salary of $10,400.

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HOW A BILLBECOMES A LAWBills and Resolutions typically start in the Leg-

islative Council, the department responsiblefor the organization and operation of research, ref-erence and Bill drafting facilities. A member tellsthe Legislative Council attorney the type of Bill hewants to introduce, and it is put into legal form.After the member reads and checks the legisla-tion, he gives it to the Clerk of his body. A Bill orJoint Resolution cannot become law until it hasbeen read three times on three separate days ineach body, has the Great Seal of the State put onit and has been signed by the President of the Sen-ate and Speaker of the House.

Bills may be prefiled before the beginning of asession. Prefiled Bills are numbered, dated andreferred to committee. A list of prefiled Bills is sentto the members. On the first day of the session, allprefiled Bills are officially introduced and put intothe record. If there are committee reports on anyof the Bills, they are also put into the record.

Bills received during the session are introducedand read the first time, given a number andreferred to the proper committee. The Constitu-tion states that each Bill or Resolution must applyto only one subject and the subject must appear inthe title. Some Bills are placed on the Calendar(agenda) without being sent to a committee.

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COMMITTEESThe work done by the General Assembly is dur-

ing the formal legislative session when itmeets three days a week. Many people do notrealize that committees do the majority of legisla-tive work and are the backbone of the legislativeprocess. Before any Bill is considered by eitherbody, many hours of work take place by the mem-bers of the standing committee to which the Billis assigned. The Legislature relies on its commit-tees to eliminate the less important measures andreport only those deserving the attention of theentire House or Senate.

By working through standing committees, eachbody may have each Bill considered by memberswho have specialized knowledge in the subject ofthe Bill. Many members have expert knowledge ofparticular subjects, and these members are usu-ally assigned to committees in order to utilize theirspecific knowledge and experience. Because ofthis, the Legislature often accepts the recommen-dations of the standing committees. This is not tosay that the General Assembly is not aware of itsresponsibility to consider all pending Bills. A greatdeal of work is also done by interim committees,or committees appointed to consider importantsubjects between the sessions of the Legislature.

There are eleven standing committees in theHouse. Each considers Bills about a specific sub-ject or area of legislation. The committees are:

Agriculture, Natural Resources andEnvironmental Affairs (18 members)

Education and Public Works (18 members)Legislative Ethics (6 members)Interstate Cooperation (5 members)Invitations and Memorial Resolutions

(5 members)Judiciary (25 members)Labor, Commerce and Industry (18 members)Medical, Military, Public and Municipal Affairs

(18 members)Rules (15 members)Ways and Means (25 members)

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Operation and Management—advisory to theSpeaker about personnel, administration andmanagement (7 members)

There are 15 Senate standing committees. Thecommittees are:

Agriculture and Natural Resources (17 members)Banking and Insurance (17 members)Corrections and Penology (17 members)Education (17 members)Ethics (10 members)Finance (23 members)Fish, Game and Forestry (17 members)General Committee (17 members)Interstate Cooperation (5 members)Invitations (11 members)Judiciary (23 members)Labor, Commerce and Industry (17 members)Medical Affairs (17 members)Rules (17 members)Transportation (17 members)

Standing committees examine Bills and recom-mend action on them. During the day when theLegislature is in session but not actually meeting,the committees will meet and work on the Billsreferred to them.

One cannot underestimate the importance ofthe research, study and information gathering thatmust take place for any Bill. Research assistants inthe General Assembly gather and compile infor-mation for the members to study. As subjects andissues growmore complex, there is greater demandfor this research. The public may never see this“behind the scenes” work, but there is a great dealof preparation done for every Bill before it reachesthe floor of the Senate or the House.

When a committee completes work on a Bill,it prepares a report detailing its recommenda-tions. The report is then submitted to the respec-tive body in the daily session at the appropriatetime. The Bill, with the committee report, is put onthe Calendar for second reading and is taken up. ABill must be on the desks of the members at leastone day (when they are in session) before secondreading. On most Bills, recommendations of the

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committee are followed, but either body mayoverrule the action of the committee. In order toprevent a committee from killing a Bill by notworking on it, either body may recall the Bill fromcommittee by a majority vote.

Bills are listed on the Calendar by number,sponsors and title, in the order in which they areintroduced and reported by committees. They arethen considered for second reading. Some Bills,such as the State Appropriations Bill, are set forSpecial Order, which moves them to the top ofthe Calendar. A Bill on second reading may befully debated, amended, committed or recommit-ted, tabled, etc.

After a Bill has been discussed, there is a voteon the Bill. Voting may be by division, voice voteor roll call. Since there are more members in theHouse than the Senate, it would take a lot of timeto register individual votes by calling the roll.Because of this, the House uses a voting machineinstead of calling eachmember’s name. The Housemembers vote by pushing buttons on their desks.Votes are registered by lights on a board in thechamber. The board contains all the members’names and how each member voted. Votes arerecorded and entered in the Journal. In the Senate,the Reading Clerk calls the Senators’ names inalphabetical order, and their votes are entered intothe Journal.

During third reading a Bill may be acted on asin second reading, except that it usually takesunanimous consent to amend it. After the amend-ments are written into the Bill, it is then signedby the Clerk and sent to the other body by mes-senger. Once sent to the other body, the Bill fol-lows practically the same route pursuant to thatbody’s rules.

For example, assume a Bill has been introducedin the House, debated, amended, adopted andsent to the Senate. If the Senate amends the HouseBill, it is returned to the House for consideration.The House may agree or disagree with the Sen-ate amendment or make changes to the Senateamendment and return it to the Senate. Shouldthe House disagree with the Senate amendment,

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a message is sent to the Senate. The Senate willeither insist upon or recede from their amend-ment.

If the Senate insists upon its amendment, amessage is sent to the House listing the names ofthree Senators appointed to a conference com-mittee. The Speaker of the House then appointsthree members of the House to a conference com-mittee. The six members meet and try to reachan agreement. If they agree, their report is sentto both bodies for adoption. When the report isadopted by both bodies, the Bill is orderedenrolled for ratification. Should the conferencecommittee not agree, they may return to theirrespective bodies and ask for free conferencepowers, which requires a two-thirds vote of eachbody. The free conference committee may rewritethe Bill. The conference committee cannot alter ordelete anything agreed to by both bodies. If thebodies agree, the Bill is ordered enrolled for ratifi-cation and the title changed to an Act. Then theBill is enrolled (rewritten into Act form by Legisla-tive Council), placed in Act backs (folders), attachedto the original version of the Bill, and returned tothe body in which it originated to await ratifica-tion.

When invited to ratify by the Senate, the Speaker,Clerk and Sergeant-at-Arms of the House go tothe Senate Chamber to ratify Acts. During the ratifi-cation, the presiding officers and Clerks of the twobodies sign the Acts. The Acts are immediatelysent to the Governor’s office by the Clerk of theSenate. The Governor has five days, Sundaysexcluded, during the session to approve or disap-prove an Act. When he signs the Act or allows itto become Law without his signature, it is sent tothe Secretary of State’s office to be filed perma-nently. If the Governor vetoes the Act, it must bereturned with his veto message, to the Clerk of thebody in which it originated, by midnight of thefifth day. That body may then consider the veto.If they override the Governor’s veto (this requiresa two-thirds vote of the body’s members presentand voting), then it is sent to the other body forits consideration (where it takes a two-thirds voteof the members present and voting to override the

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veto). Should either the House or the Senate notoverride the Governor’s veto, the Act is dead. If thetwo bodies override the veto, the Act is sent tothe Secretary of State’s office and becomes law.The Act becomes effective on the 20th day afterits approval by the Governor, unless some othereffective date is specified in the legislation.

Some issues require the passage of a Constitu-tional amendment. When this happens, a JointResolution is prepared to propose an amendmentto the Constitution. This Joint Resolution is intro-duced and follows the same course as ordinaryBills. The Resolution must be passed in each bodyby a two-thirds vote of all members elected anddoes not require the approval of the Governor. Theproposed amendment is then placed before thevoters of the State at the next general election. Ifa majority of the voters approve the amendment,a Bill to ratify the amendment is introduced inthe next session. It must pass by a simple major-ity vote and does not need the Governor’s signa-ture.

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GLOSSARY OFLEGISLATIVE TERMSAct—Legislation enacted into law. A Bill which haspassed both bodies of the General Assembly, beenenrolled, ratified, signed by the Governor or passedover the Governor’s veto or becomes law withouthis signature and printed. It is a permanent mea-sure, having the force of law until repealed.

Adjournment—The end of a session for a day,with the hour and day of the next meeting setbefore adjournment.

Adjournment sine die—Final end of a regular orspecial session with no date set for reconvening.

Adoption—Approval or acceptance (usuallyamendments or resolutions).

Advance Sheets—Compilations of laws enactedand selected memorials and resolutions adoptedin a single session, issued periodically in paper-back volumes prior to issuance of bound volumes.

Agenda—Schedule of business planned for con-sideration.

Aides—Legislative staff members who performclerical, technical or official duties. In some states,aides are partisan staff assistants to the Legisla-ture, responsible to members of their respectiveparties for various duties.

Amendment—Any change made or proposed in aBill by adding, changing, substituting or omitting.

Amendment, Constitutional—Joint Resolutionaffecting the Constitution, which is passed by two-thirds vote of each body, and ratified by the suc-ceeding General Assembly.

Annotate—To furnish explanatory notes.

Appeal—A parliamentary way to test and possiblychange the decision of a presiding officer.

Appropriate—To allocate funds.

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Appropriation—Funds allocated for variousdepartments of government set aside by formalaction for specific use.

Approval by Governor—Signature of the Gover-nor on a Bill passed by the General Assembly.

Archives—Historical records stored at Depart-ment of Archives and History.

Attaché—A legislative staff member, hired orappointed to perform clerical, technical or officialduties.

Bicameral—A legislature containing two bodies.

Bill—Draft of proposed law presented to the Leg-islature for consideration.

Bill, Deficiency—A Bill appropriating funds toprograms for which the original appropriationproved insufficient.

Bill History—Record of all action on any legisla-tive measure.

Bill Index—List of Bills by subject or number.

Bill, Pre-Filed—Bills prepared, filed and referredto committee prior to the opening of a regular ses-sion.

Bill, Skeleton—A measure introduced in outlineform, substance being added to it at a future date.

Budget—An annual Bill appropriating Statemoneys. It is originally proposed by the Governor’sOffice and presented to the Legislature for con-sideration, debate, amendment and finalization.

Budget & Control Board—Governor, State Trea-surer, Comptroller General, Chairman of SenateFinance Committee and Chairman of House Waysand Means Committee.

Calendar, Daily—List of pending legislation,according to the order of business scheduled forconsideration by the Rules on a legislative day.Printed daily and placed on the members’ deskseach morning. (House Rule 6.3; Senate Rule 34.)

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Call to Order—Notice indicating the Legislatureis in session. Also used to call a disorderly mem-ber to order.

Carryover Legislation—Legislation held overfrom the first year of a two-year session.

Caucus—An informal meeting of a group of themembers, sometimes called on the basis of partyaffiliation.

Censure—An act to officially reprimand an officialfor actions while in office. Censuring is an officialcondemnation for actions committed while hold-ing a position of trust.

Chair—A designation of a presiding officer orchairperson.

Chamber—Hall for the meeting of a legislativebody.

Chaplain—Officer who opens daily sessions withprayer.

Clerk—An officer elected as administrative officerand advisor on parliamentary procedure. Per-forms duties as prescribed in the Rules.

Clincher—When an action has been taken and amotion to reconsider that action has been tabled,this maneuver is referred to as a “clincher,” dueto the fact that no other parliamentary motion canbring that action up for consideration again.

Cloture—A parliamentary procedure invoked tolimit or terminate debate. See also Previous Ques-tion.

Code of Laws—Contains the general permanentstatutory law, S.C. Constitution and other mat-ters. Alterations or additions to any of the lawscontained in the Code may be made only by actpassed under the formalities required by the Con-stitution. Supplements showing changes to theCode must be prepared and published annuallyunder supervision and direction of LegislativeCouncil.

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Commit—The referral and sending of a Bill tocommittee or delegation.

Committee—Members appointed by the Speakerto consider and recommend disposition of Bills,Resolutions and other related matters.

Committee, Ad Hoc—Committee appointed forsome specific purpose. An Ad Hoc committee dis-solves upon the completion of that specified task.

Committee Chairman—Member elected orappointed as the parliamentary head of a standingor special committee.

Committee, Conference—Committee composedof three members from each body, appointed toresolve differences on an amended Bill. The com-mittee reports recommendations or amendmentsback to the bodies for further action.

Committee, Free Conference—Same as confer-ence committee, but with additional authority toinsert new matter in order to achieve compro-mise. (Free Conference Powers are granted bytwo-thirds vote of the membership of each body.)

Committee, Interim—Committees appointed tostudy a specific issue between sessions and reportto the Legislature before a certain date. Such com-mittees are usually created by Concurrent Reso-lution.

Committee, Joint—Committee composed ofmembers of both bodies.

Committee Report—An official report from acommittee, either without recommendation, orwith specific recommendation. The recommen-dations may be favorable; favorable with amend-ment; majority favorable, minority unfavorable;majority favorable with amendment; minorityunfavorable; or unfavorable.

Committee, Standing—A committee appointedwith a continuing responsibility.

Committee of the Whole—A special committeeconsisting of the entire body to consider uniqueor special matters, acting under parliamentary

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procedure, with the Speaker appointing a Chair-man to preside. (House Rules 4.9 through 4.12.)

Companion Measures—Identical Bills introducedin both bodies.

Concurrence—Agreement where one body con-sents to a proposal or action which the other bodyhas approved. A proposal may be adopted oramended and returned to the other body for con-currence.

Confirmation—Approval by Senate and/or Houseof an executive appointment.

Conflict of Interest—Untenable position whichthreatens the ability of a legislator to vote or actimpartially.

Constituent—A citizen living within the district ofa legislator.

Constitution, State—A written instrument con-taining fundamental principles of the State guar-anteeing powers and duties of the governmentand certain rights to the people.

Contested Seat—A situation in which two ormore contestants claim the right to represent adistrict.

Continue—A motion to carry a Bill forward untilthe next session. Legislation continued in the lastyear of a two-year legislative term dies on Mondayfollowing the general election in November.(House Rule 8.15; Senate Rule 36.)

Convene—The meeting of the Legislature daily,weekly and at the beginning of a session as pro-vided by the Constitution.

Co-Sponsor—One of two or more membersproposing any Bill or Resolution.

Day Certain—Adjournment with specific day toreconvene.

Day, Legislative—A day on which the bodies con-vene to conduct official business.

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FIRSTREADING

WITHOUTREFERENCE

COMMRECO

AMENDED 2ND READING

AMENDED BYUNANIMOUS

CONSENT3RD READING

SENATE3 READINGS

RATIFIED

GOVERNOR

VETO

VETOSUSTAINED

VETOOVERRIDDEN

FREE CREPOR

A

SIGNED ORWITHOUT

SIGNATURE

H

H AFTER 1ST READING

(BeforeSession)Prefiled

FLOWCHART ILLUSTRATES HOW ABILL, ORIGINATING IN THE HOUSE OFREPRESENTATIVES, BECOMES AN ACT

HOW A BILL

(BEFORE SESSION)PREFILED

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MITTED OROMMITTED

COMMITTEEREFERENCE NO REPORT

CONFERENCERT RECEIVED,DOPTED

FREE CONFERENCECOMMITTEEAPPOINTED

NO REPORT

FREE CONFERENCEPOWERS GRANTED

FREE CONFERENCEPOWERSREQUESTED

(2/3 VOTE)

CONFERENCECOMMITTEE

CONFERENCEREPORT

ADOPTED

RECEDE

INSIST

MESSAGE TOSENATE

NON-CONCURCONCUR

AMENDED

RETURNEDTO HOUSE

TABLED,CONTINUED,

REJECTED

COMMITTEEREPORT

act

BECOMES AN ACT

BECOMES AN ACT

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Debate—Discussion according to parliamentaryrules.

Debate Adjourned—Postponement of the matterbefore the House, which may be brought up forconsideration later.

Decorum—Proper order, etiquette and conduct ofmembers during a floor session.

Desk—The desk at the front of the chamberwhere much of the clerical work of the body isdone. Also, a term referring to the staff and officesof the Clerk.

Desk is Clear—Statement by presiding officer,prior to adjourning, that there is no further busi-ness.

Died in Committee—The defeat of a Bill in com-mittee by not returning it to the House or Senatefor action.

Digest—A reference book, printed every twoweeks, with a subject index and status of all Billsand Resolutions in the House and Senate.

Dilatory—A delaying tactic using parliamentaryprocedure to prevent action from being taken.

District (Legislative)—A division of the State rep-resented by a legislator, determined by populationand other demographics and distinguished bynumber and geographical boundaries.

Division Vote—Vote taken by roll call, with norecord other than a total, recorded in the Journal.

Division of the Question—Procedure to separatea matter into two questions, usually requested onan amendment.

Effective Date—A law becomes effective twentydays after approval by the Governor, unless a dateis specified. Usually it becomes effective uponapproval by the Governor.

Enacting Clause—That clause of an Act which for-mally expresses the legislative action. It begins“Be it Enacted.”

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Enrolled Bill—The final copy of a passed Bill, pre-pared in Legislative Council.

Excused—Absent with permission of the body orthe presiding officer.

Executive Session—A session excluding all per-sons other than members and staff personnelauthorized to remain.

Ex Officio—Individuals appointed or elected byvirtue of the position they hold.

Filibuster—A strategic device by which a minoritycan control the floor through “extended debate”on a measure by either delaying or preventingpassage.

First Reading (Introduction)—The first of threereadings of a Bill.

Fiscal Impact Statement—A statement whichestimates the amount of increase or decrease inrevenue or expenditures and the present or futurefiscal implications of the pending legislation.

Fiscal Year—An accounting period of twelvemonths. In S.C., July 1 through June 30.

Fixed Time—That specific time to which a leg-islative body adjourns other than the regular timeof convening on a subsequent legislative day.

Floor—That portion of the assembly chamberreserved for members and officers of the assembly.Other persons may also be granted the privilege.

Gallery—Balconies or other specific areas ofchambers for visitors to view the proceedings ofthe Legislature.

Germaneness—The relevance of amendments,speeches, etc.

Gerrymandering—The act of creating districtboundary lines arranged to obtain partisan or fac-tional advantages.

Grandfather Clause—Laws often contain a clauseexempting persons from having to comply. Sucha situation is called “Grandfathering.”

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Hearing—Public discussions and appearanceswhich may be scheduled by a committee.

Hold Harmless Clause—That portion of a Billwhich provides that an existing activity will notsuffer financially from a reduction in funding.

Hopper—A depository for Bills awaiting introduc-tion. Sometimes referred to as the “box.”

House—A legislative body in a bicameral legisla-ture having the larger number of members. In S.C.it has 124 members.

Impeachment—Procedure to remove certain offi-cials for a serious crime or misconduct in office.

Interim—The interval between the first and sec-ond year of a two-year session. The termmay alsoapply to the period between the end of a two-yearsession and the beginning of the next session.

Introduction (First Reading)—The formal pre-sentation at the desk of a proposal after it hasbeen drafted by Legislative Council. The Bill orResolution is numbered and usually referred tocommittee.

Invocation—Prayer prior to a session.

Jefferson’s Manual—(Jefferson’s Manual of Par-liamentary Practice)—A volume of parliamentarylaw and procedure. One of the earliest works onthe subject and still in wide use throughout the U.S.

Joint Assembly—Ameeting of the House and theSenate usually in House Chamber, pursuant toResolution, for specific purpose such as elections,speeches, etc.

Joint Rules—Rules governing procedure of theSenate and House when meeting in a Joint Assem-bly or a conference committee.

Joint Session—Same as Joint Assembly.

Journal, Daily—A record of the previous day’sproceedings, includingmessages, roll calls, remarksmade by members that are requested to be

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printed and action taken on all legislation consid-ered that day. Printed daily and placed on themembers’ desks the following day.

Journal, Permanent—Official record of proceed-ings of the House and Senate, compiled from dailyJournals, indexed, printed and bound for eachsession. Indexed by sponsor, Bill number, subjectand general information including committeeappointments, interim committees, etc.

Leave of Absence—Permission granted by thepresiding officer to member who wishes to beabsent, usually granted due to illness or officialbusiness.

Legislative Council—Department responsible forresearch, drafting of Bills and amendments, codi-fication of Laws and State Register.

Legislative Intent—Purpose for which a measurewas presented or passed.

Legislative Liaison—Person appointed to com-municate between legislators and other depart-ments of the government.

Legislative Manual—Published annually by theClerk of the House, who serves as Editor. Containsdetailed information on State, County and Fed-eral government (located in S.C.), as well as pic-tures and biographies of members of the GeneralAssembly, Constitutional Officers and the Judi-ciary.

Legislative Privilege—Immunity from arrestgranted to legislators during session of the Legis-lature, ten days prior to session and ten days afteradjournment.

Legislator—An elected member of a legislativebody.

Legislature—The branch of State governmentresponsible for enacting laws (in S.C., the legisla-ture is called the General Assembly).

Lobbyist—A representative of a special interestgroup whose function is to influence legislationaffecting his special interest.

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Local Uncontested Bills—Bills having an effectwholly within one county and, if in the House, forwhich there are fewer than three objections, threerequests for debate, or a combination of objec-tions and requests for debate totaling less thanthree.

Majority Leader—A member designated to beleader of the majority party.

Majority Report—Report which reflects the think-ing of a majority of the committee members onan issue.

Mason’s Manual—(Mason’s Manual of LegislativeProcedure) A volume of parliamentary law andprocedure providing a basis for ruling on ques-tions of order. The most widely used volume oflegislative parliamentary law in use today.

Measure, Legislative—A Bill, resolution or memo-rial.

Members-Elect—Members elected but not havingtaken oath of office or officially serving.

Members Present—The term used to refer tothose members who are present at a daily session.

Memorialize—To formally address or petition theFederal Congress, the President or others by Res-olution.

Message—An official communication from onebody to the other or from the Governor to the Leg-islature, usually transmitting Bills or Resolutions.The messages become part of the official Journal.

Message from the Governor—A formal commu-nication from the Governor read into the officialrecord.

Minority Leader—A member designated to beleader of the minority party.

Minority Report—A report which reflects thethinking of the members not favoring the majorityposition on an issue.

Minutes—Accurate record of proceedings of ameeting.

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Morning Hour—The period prior to taking up theCalendar when consideration of any matters noton the Calendar occurs.

Motion—Formal proposal offered by a member ofa deliberative assembly.

Motion, Dilatory—Deliberate use of parliamen-tary maneuver to delay.

Motions—Proper form for some of the most com-mon motions would be as follows:Adjourn: “Mr. Speaker, I move that the House donow adjourn.” This is a timed motion and can onlybe made every fifteen minutes.Continue: “Mr. Speaker, I move that we continue theBill.” This is a timed motion and can only be madeonce an hour on the same question.Previous Question: “Mr. Speaker, I move the previ-ous question on the (entire matter, amendment,etc.).” This is a timed motion and can only be madeonce an hour.Recall: “Mr. Speaker, I move that we recall (H.3654from Labor, Commerce and Industry, etc.).”Recess: “Mr. Speaker, I move that the House recessuntil (set time).” This is a timed motion and is inorder every fifteen minutes.Recommit: “Mr. Speaker, I move that we recommit[a Bill] to the [name a committee].” This is a timedmotion and can only be made once an hour.Reconsider: “Mr. Speaker, I move that the Housereconsider the vote whereby it gave (second reading,third reading, etc.) to [a Bill].”Recur to the Morning Hour: “Mr. Speaker, I movethat we recur to the morning hour.” This places theHouse in the same order of business as when it con-vened earlier the same day. Normally used to permitintroduction of Bills or committee reports. This is atimed motion and can only be made once an hour.Table: “Mr. Speaker, I move that we table the (Bill,amendment, motion, etc.).” This is a timed motionand can only be made once an hour.

Non-Concurrence—When one body refuses toagree with the other on a Bill or Resolution whichthe other body has amended.

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Nondebatable—Those subjects or motions thatcannot be discussed or debated.

Oath of Office—Oath taken by members-elect ofthe Legislature prior to being seated and assum-ing official duties. In S.C., the oath reads: “I dosolemnly swear (or affirm) that I am duly quali-fied, according to the Constitution of this State,to exercise the duties of the office to which I havebeen elected (or appointed) and that I will, to thebest of my ability, discharge the duties thereof andpreserve, protect and defend the Constitution ofthis State and of the United States. So help meGod.” S.C. Const. Art. III, Section 26.

Objection—A procedural maneuver typically usedin an effort to delay consideration of a Bill or Res-olution or prevent an action requested by a mem-ber.

Officers—That portion of the legislative staffelected by the Housemembership, which includes:Speaker, Speaker Pro Tempore, Chaplain, ReadingClerk, Clerk and Sergeant-at-Arms; elected by theSenate membership: President Pro Tempore, Chap-lain, Reading Clerk, Clerk and Sergeant-at-Arms.

Out of Order—Not being conducted under properparliamentary rules and procedures.

Pages—Persons stationed at the front of the cham-ber and available to assist the members. They arecalled by pressing the button on members’ desks.Pages supply extra copies of Bills and Resolutions,Journals, Calendars, Digests, reports, etc.

Parliamentary Inquiry—Question posed to pre-siding officer for clarification of a point in pro-ceedings.

Passage of Bill—Favorable action on a measurebefore either body.

Pending Question—The matter under considera-tion at the time.

Per Diem—Literally, per day. Daily pay for legis-lators.

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Petition—Formal request by an individual orgroup to the General Assembly.

Point of Order—A statement by a member callingattention to an alleged breach of order or parlia-mentary procedure.

Point of Personal Privilege—A statement defend-ing the rights, reputation or conduct of a legisla-tor in his official capacity.

Postpone to a Day Certain—To defer considera-tion to a specific later time or day.

Precedent—Interpretation of rulings by presidingofficers on specific rules; may refer to unwrittenrules established by custom.

Prefiling—Introduction and referral to a commit-tee of Bills prior to a legislative session.

President—By Constitutional enactment, the Lt.Governor is the presiding officer in the Senate andis referred to while presiding as “Mr. President.”

President Pro Tempore—The person elected bythe Senate to have the powers of the President inthe latter’s absence.

Presiding Officer—Person designated to presideat a legislative session.

Previous Question—A motion to limit or termi-nate debate and bring the pending question to avote. See also Cloture.

Printout—Copy of legislative information printedby computer printer.

Privilege of the Floor—Permission granted to anonmember of the body to be in that portion ofa legislative chamber during session that isreserved for present and former members andstaff personnel. Privilege may be extended toother persons for the purpose of answering ques-tions or addressing the body.

Procedure—Rules and traditional practices of therespective bodies of the Legislature.

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Pro Tempore—The designated officer of the Houseor Senate acting in the absence of the regular pre-siding officer.

Quorum—The required number of members pres-ent to transact business, which is 63 out of 124House members and 24 out of 46 Senators.

Quorum Call—A method used to establish thepresence of a majority for the lawful transacting ofbusiness.

Ratify—To approve and make valid. After a Billhas received three readings in each body, ratifica-tion is set by the Senate sending a message invit-ing the House to come to the Senate Chamber ata certain time. The House then stands in recesswhile the Speaker, Clerk, and Sergeant-at-Arms,proceed to the Senate Chamber, where the Billsare signed by the presiding officers and Clerks.

Reading Clerk—An elected officer who assists theClerk by calling the roll, tabulating votes, readingBills, messages and Resolutions, etc.

Reapportionment—Redivision into equally popu-lated election districts, based on census. Some-times referred to as “redistricting.”

Recall a Bill—A motion which returns a Bill froma committee or the other body for further consid-eration. A Concurrent Resolution is needed torecall a Bill from the Governor.

Recede—Withdraw from an amendment or posi-tion on a matter.

Recess—Intermission in a daily session.

Recommit—To send back to committee.

Reconsideration—A process where a measurepreviously adopted or defeated can be reopened(within the same day or the next legislative dayonly) and acted upon again. Once an action on aBill or amendment has been taken, the motion toreconsider is in order.

Referendum—A method by which a measureadopted by the Legislature may be submitted topopular vote.

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Referral—The sending of a Bill to committee.

Regular Order of Business—The sequence ofbusiness set up for each legislative day. (HouseRule 6.3; Senate Rule 34.)

Regulation—A rule or order of an agency madeunder authority of a statute passed by the Legis-lature. Regulations must be approved by the Leg-islature prior to being placed in effect.

Rejection—An action which defeats an amend-ment, Bill, motion or other matter.

Repeal—A method by which legislative action isrevoked or abrogated.

Report—Written notice to the House or Senate ofaction taken in committee on Bills.

Request for Debate—In the House a proceduralmaneuver typically used in an effort to delay con-sideration of a Bill or Resolution.

Rescind—Annulment of an action previouslytaken.

Resolution, Concurrent—Affects the action ofthe General Assembly and its members. It doesnot carry an appropriation and does not have theforce of law, as an Act or Joint Resolution does, butrecords the sense of the two bodies. Requires onlyadoption by each body.

Resolution, Joint—Has the same force of law asan Act, but is a temporary measure, dying whenits subject is completed. It requires the same treat-ment as a Bill and after passage, its title is notchanged to that of an Act. When used to proposean amendment to the Constitution, it does notrequire the approval of the Governor but doesrequire a two-thirds vote of the membership ofeach body.

Resolution, Senate or House—Same as Concur-rent Resolution, except it is the expression of onebody.

Revenue—Yield of taxes and other sources ofincome the State collects.

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Roll Call—The recorded vote on an issue. In theHouse, roll calls are taken by an electronic votingsystem connected to individual desk switches. Inthe Senate, roll calls are taken by voice vote, withnames of members being called in alphabeticalorder by the Reading Clerk.

Roster (List of Members)—Booklet containingnames and addresses of members, officers anddistricts of each body for the current session.

Rostrum—Podium or desk area at the front of achamber.

Rules—Methods of legislative procedure; JointRules govern both bodies and Senate or Houserules regulate only the one body.

Ruling of the Chair—A decision by the presidingofficer concerning a question of order or proce-dure.

Section—Distinct portion of each Bill.

Senate—A legislative body in a bicameral legisla-ture having the fewer number of members. InS.C., it has 46 members.

Seniority—A custom sometimes used in makingcommittee assignments based upon length of ser-vice.

Sergeant-at-Arms—An officer elected by eachbody to maintain order under the direction of thepresiding officer, as well as maintenance andupkeep of chambers and offices assigned to therespective bodies.

Session—The formal, continuous convening ofthe Legislature, whether regular, extra or organi-zational, from the first legislative day to sine die(final) adjournment.

Session, Organizational—Meeting held after thegeneral election to officially organize the Houseof Representatives to transact business.

Simple Majority—One more than half of thosevoting on a question.

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Sine Die—Adjournment “without day” being setfor reconvening. Final adjournment.

Speaker—Presiding officer and chief administra-tive officer of the House of Representatives,elected by the House members.

Speaker Emeritus—A past Speaker of the House,an honorary title.

Speaker Pro Tempore—Substitute presiding offi-cer of the House of Representatives, taking theChair on request of the Speaker in his absence.Elected by the body.

Special Order—Matter of business set for specialtime and a designated day.

Sponsor—Legislator who introduces a Bill, amend-ment or Resolution.

Sponsor Report—A computer printout of all leg-islation introduced to date by each member andthe action to date.

Stand at Ease—A term referring to that situationin which the body does not recess or adjourn butsuspends its deliberations for undetermined peri-ods of time.

Standing Committee—A regular committee ofthe Legislature, set up by the Rules to performcertain Legislative functions. Standing House Com-mittees are: Agriculture, Natural Resources andEnvironmental Affairs; Education and PublicWorks;Interstate Cooperation; Invitations and MemorialResolutions; Judiciary; Labor, Commerce andIndustry; Legislative Ethics; Medical, Military, Pub-lic and Municipal Affairs; Operations and Man-agement; Rules; and Ways and Means. StandingSenate Committees are: Agriculture and NaturalResources; Banking and Insurance; Correctionsand Penology; Education; Ethics; Finance; Fish,Game and Forestry; General Committee; InterstateCooperation; Invitations; Judiciary; Labor, Com-merce and Industry; Medical Affairs; Rules; andTransportation.

State Register—Contains proposed and finallyadopted regulations for State Agencies. Additions

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to the State Register must be published by the Leg-islative Council at least once every thirty days.

State the Question—To place a question beforethe Legislative body for its consideration.

Statutory Committee—A committee created bystatute.

Status of Bill—The position of a Bill at any giventime in the legislative process. It can be in com-mittee, on the Calendar, in the other body, etc.

Statutes—Laws enacted by the General Assembly.A law is enacted after it is passed by both the Houseof Representatives and the Senate. The generaland permanent statutes at large are publishedannually in the Acts and Joint Resolutions whichalso contain the local and temporary laws enacted.

Stopping the Clock—A practice of lengtheningthe hours of the legislative day irrespective of thepassing of the hours of a calendar day by stop-ping the clock.

Strike Out—The deletion of language from a Billor Resolution.

Subsistence—Money paid to members for dailyexpense.

Sunset—Expiration date of a measure.

Supplemental Appropriation—Additional fundsallocated over original appropriation.

Table—A means of disposing of a Bill or othermatter.

Take a Walk—To purposely be absent to avoidvoting on a measure.

Term of Office—Duration of office of an official.

Title—A concise statement of the contents of a Bill.

Unanimous Consent—Usually requested to sus-pend rules for a specific purpose.

Uncontested—Refers to a statewide Bill or JointResolution in the House of Representatives onwhich fewer than five members have objected,

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requested debate, or expressed a combination ofthe two (number must be fewer than three mem-bers on local Bills).

Refers to a Bill or Resolution in the Senate towhich no members have objected.

Unicameral—A single body Legislature.

Veto—The action of a Governor in disapproval ofa measure; returned, with the measure, to theoriginating body.

Veto Override—To pass a Bill over Governor’s vetorequires a two-thirds vote of members presentand voting of both bodies acting separately.

Voice Vote (viva voce)—Oral expression of themembers when a question is submitted for theirdetermination. Response is given verbally by“yeas” and “nays” and the presiding officer stateshis decision as to which side prevailed.

Vote—Formal expression of will or decision by thebody.

Vote, Division—Vote taken by standing in the Sen-ate and by roll call in the House, with no record,other than the total, recorded in the Journal.

Vote, Record (Roll Call)—Roll call vote, with eachmember’s vote recorded in the Journal.

Withdraw a Motion—To recall or remove amotionaccording to parliamentary procedure.

Without Recommendation—A committee reportwhich is neither favorable nor unfavorable.

Yield—Relinquishing of the floor to another mem-ber to speak or to ask a question.

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ACRONYMS USED IN THES.C. GENERAL ASSEMBLYAn acronym by definition, is a “shorthand”

method to denote a group of words or titlecommonly used. The acronym is usually madeup of the first letter of or a symbol for every majorword in the expression or phrase. “GATT” is suchan acronym, which stands for General Agreementson Tariffs and Trade. The following list containsthose acronyms frequently used in the GeneralAssembly.

3M—Medical, Military, Public and MunicipalAffairs Committee

AG—Attorney General or Adjutant GeneralB&CB—Budget and Control BoardBEA—Board of Economic AdvisorsCHE—Commission on Higher EducationCIB—Capital Improvement BondsCJA—Criminal Justice AcademyCMHC—Community Mental Health CenterCOLA—Cost of Living AdjustmentCPI—Consumer Price IndexCRF—Capital Reserve FundDHEC—Department of Health and

Environmental ControlDJJ—Department of Juvenile JusticeDMH—Department of Mental HealthDOT—Department of TransportationDPS—Department of Public SafetyDSS—Department of Social ServicesEAA—Education Accountability ActEFA—Education Finance ActEIA—Education Improvement ActFYI—For Your InformationGAAP—Generally Accepted Accounting

PrinciplesGIS—Geographical Information SystemsGOB—General Obligation BondGRF—General Reserve Fund

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HAC—Human Affairs CommissionHHSD—Health and Human Services DepartmentHRM—Human Resource ManagementIRM—Information Resource ManagementITPA—Index of Tax Paying AbilityJBRC—Joint Bond Review CommitteeLAC—Legislative Audit CouncilLCI—Labor, Commerce and Industry CommitteeLPITS—Legislative Printing, Information and

Technology SystemsNA—Not ApplicableOEPP—Office of Executive Policy and ProgramsO&M—Operations and Management CommitteePOLA—Professional and Occupational Licensing

AgenciesPPP—Probation, Parole and Pardon ServicesPRT—Parks, Recreation and TourismPSA—Public Service AuthorityPSC—Public Service CommissionSCDC—S.C. Department of CorrectionsSDE—State Department of EducationSFC—Senate Finance CommitteeSHFDA—State Housing, Finance and

Development AuthoritySLED—State Law Enforcement DivisionSREB—Southern Regional Education BoardSSI—Supplemental Security IncomeVA—Veterans AffairsVR—Vocational RehabilitationW&M—Ways and Means CommitteeWPU—Weighted Pupil Unit

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