Printed Page 2750, Apr. 26
| Printed Page 2770, Apr. 26
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Printed Page 2750, Apr. 26
| Printed Page 2770, Apr. 26
| As a second substitute Rep. SCOTT moved to recall H. 3772 from the Judiciary Committee.
Rep. COOPER moved to table the motion.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Davenport Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Hodges Huff Kirsh Klauber Koon Lanford Limbaugh Marchbanks Mason McCraw McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Walker Whipper, L. Wilkins Witherspoon Young, J.
Allison Askins Bailey Baxley Breeland Brown, J. Byrd Cave Cobb-Hunter Cotty Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harrison Hines Howard Inabinett Jennings Keegan Kelley Keyserling Knotts Law Limehouse Littlejohn Lloyd Martin Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Whipper, S. White Williams Wofford Worley Wright
So, the House refused to table the motion to recall H. 3772 from the Judiciary Committee.
The question then recurred to the motion to recall H. 3772 from the Judiciary Committee.
Rep. H. BROWN moved that the House do now adjourn.
Rep. WRIGHT raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. HUFF moved that the House recede for fifteen minutes.
Rep. SHEHEEN raised the Point of Order that the motion to recede was out of
order under Rule 8.12 which states that 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.
Rep. WALKER stated that there were former rulings where this rule applied to the motions individually and not in combination.
The SPEAKER stated that he had interpreted it to be separate motions and each category was treated separately for purposes of the fifteen minute rule and he overruled the Point of Order.
Rep. HUFF moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Hutson Kirsh Klauber Koon Lanford Limbaugh Marchbanks Mason McMahand Meacham Neal Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer
Gamble Govan Hallman Harrell Harrison Hines Hodges Howard Inabinett Jennings Keegan Kelley Keyserling Knotts Law Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Neilson Phillips Quinn Richardson Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright
So, the House refused to adjourn.
Rep. HASKINS raised the Point of Order that time had expired in the motion period.
Rep. SHEHEEN inquired about the time remaining when Rep. Scott's motion to recall H. 3772 was made and he raised the Point of Order that time had not expired as the clock should not have been running during the Points of Order raised during the motion period.
The SPEAKER stated that Rule 6.3, paragraph 14 (d), stated that the motion period provided for the daily order of business under Rule 6.3 shall be limited to ten minutes only and provided, that time consumed by roll call votes shall not be construed as part of time allotted to said motions. He further stated that the clock did not run during roll call votes during the motion period and that there was not a rule that stated that the clock had to stop during the Points of Order.
Rep. SHEHEEN stated that if the ruling was that on Points of Order, that the clock for the motion period could be consumed, then the Body's right to go into the motion period could be defeated everyday by raising a Point of Order and using the ten minutes.
The SPEAKER stated that if that were the case, then it could be done during
the thirty minute uncontested calendar, too.
Rep. HASKINS stated that the Rule should govern the House and it did not provide for stopping the clock during a Point of Order.
The SPEAKER stated that historically the clock had not been stopped during Points of Order during the uncontested period or the motion period.
Rep. SHEHEEN questioned about the clock stopping for Points of Order during the unanimous consent request period.
The SPEAKER stated that there had not been a Point of Order during the unanimous consent request period that he could recall. He further stated that he did not find under Rule 6.3 any requirement that the clock was required to be stopped during Points of Order during the motion period. He further stated that it was stopped during the roll call votes during the motion period and that time had expired and he sustained the Point of Order that the motion period had expired.
Further proceedings were interrupted by expiration of the Motion Period, the pending question being the motion to recall H. 3772 from the Judiciary Committee.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day to attend a special church service in Darlington.
Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to by a division vote of 50 to 49.
Rep. HASKINS moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Brown, H. Carnell Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Kinon Kirsh Klauber Koon Marchbanks
Mason McMahand McTeer Meacham Neal Quinn Rhoad Rice Riser Robinson Sharpe Simrill Smith, R. Stille Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Byrd Cain Cato Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan Hallman Harrell Harrison Harwell Hines Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Knotts Lanford Law Limbaugh Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Phillips Richardson Rogers Sandifer Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Townsend Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The following was introduced:
H. 4169 -- Reps. Harvin and Kelley: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RUDOLPH P. BENIK OF MYRTLE BEACH AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. SIMRILL moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. QUINN moved to rescind Rule 3.9.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Breeland Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Dantzler Delleney Govan Hallman Harris, J. Harvin Harwell Hines Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Limbaugh Lloyd Martin McCraw McTeer Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Waldrop Whipper, L. White
Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Allison Anderson Askins Baxley Brown, G. Cain Cato Chamblee Cooper Cromer Davenport Easterday Fair Fulmer Gamble Harrell Harrison Haskins Herdklotz Hodges Huff Jennings Klauber Knotts Lanford Law Limehouse Littlejohn Marchbanks Mason McMahand Meacham Neal Rice Robinson Sandifer Sharpe Simrill Smith, R. Townsend Trotter Vaughn Walker Whatley Whipper, S. Wilder Young, A. Young, J.
So, Rule 3.9 was rescinded.
Rep. STILLE asked unanimous consent to recall H. 4021 from the Committee on Ways and Means.
Rep. RICHARDSON objected.
Rep. HASKINS asked unanimous consent to recall H. 3467 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. HUFF asked unanimous consent to recall H. 3900 from the Committee on Judiciary.
Rep. BAXLEY objected.
Rep. HASKINS moved that the House recur to the morning hour.
Rep. SHEHEEN raised the Point of Order that the motion to recur was out of order in that the House was at the same stage of debate as the last time the motion to recur was made and that it was a one hour time limitation.
Rep. HASKINS stated that it was not the same stage and that last time the House was out of the motion period and the House was now in the motion period on a different bill.
The SPEAKER overruled the Point of Order.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Delleney Easterday Fair Harris, J. Harvin Haskins Herdklotz Huff Hutson Kirsh Klauber Koon Marchbanks Mason McTeer Meacham Quinn Rice Robinson Sandifer Sharpe Simrill Smith, R. Trotter Vaughn Waldrop Whipper, L. Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan
Hallman Harrell Harrison Harwell Hines Hodges Howard Inabinett Jennings Keegan Kelley Keyserling Kinon Knotts Law Limbaugh Limehouse Littlejohn Lloyd Martin Moody-Lawrence Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stille Stoddard Stuart Thomas Townsend Walker Whatley Whipper, S. White Wilder Williams Wofford Worley Wright
So, the House refused to recur.
Rep. HUFF moved that the House recede for five minutes and demanded the yeas and
nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Brown, H. Cain Carnell Cato Chamblee Cooper Davenport Delleney Easterday Fair Harvin Haskins Herdklotz Huff Kirsh Klauber Koon Lanford Marchbanks Mason Meacham Neal Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Waldrop Walker Whipper, L. Wilkins Young, A. Young, J.
Askins Bailey Baxley Breeland Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harwell Hines Hodges Howard Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Knotts Law Limbaugh Limehouse Littlejohn Lloyd Martin McCraw Moody-Lawrence Phillips Quinn Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Spearman Stoddard Stuart Thomas Whatley Whipper, S. White Wilder Williams Witherspoon Wofford Worley Wright
So, the House refused to recede.
Printed Page 2750, Apr. 26
| Printed Page 2770, Apr. 26
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