of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Adjournment
Adjourn, motion to
Adjourn debate, motion to
Amendment
out of order as not germane in that the Resolution dealt with Article III of the Constitution and the amendment
dealt with Article VI; sustained
out of order as not germane in that the amendment dealt with a study committee and the Bill dealt with the
election of School Board members; sustained
out of order as bonds had not been sold yet; overruled
out of order under Rule 9.2 which states that at the third reading of a resolution no amendment shall be
permitted without unanimous consent; sustained
sustained
out of order under Rule 5.4 which states that no Bill or amendment providing an appropriation to pay a private
claim against this State or a department thereof shall be introduced or considered; overruled
out of order as not germane in that the bill dealt with seat belts and the amendment dealt with mobile homes;
sustained
out of order as it was the same as a previous amendment which had already been disposed of; overruled
out of order as it was not germane in that the Bill dealt with the authorization of a governing body of
municipalities to extend the five year exemption and the amendment dealt with an individual's right
to apply for an in use agricultural exemption for property owned as of Dec. 31, 1993; sustained
out of order as not germane in that the Bill dealt with licensing of day care centers and those who work in
day care centers and the amendment dealt with those who work in the Department of Social
Services; overruled
out of order as not germane in that the Bill dealt with biennial licenses and the amendment dealt with kegs;
sustained
Amendment to Appropriations Bill
out of order under Rule 5.4 which states that no bill or amendment providing an appropriation to pay a private
claim against the State or a department thereof shall be introduced or considered; sustained
out of order as it was not germane in that the second paragraph of the amendment referred to the Judicial
Department and the Section dealt with Indigent Defense; overruled
out of order as the highway fund must not be used for any purpose other than the purpose provided for in
Chapter 27, Title 12; sustained
out of order in compliance with Section 12-27-12; overruled
out of order as it did not relate to a line item appropriation; overruled
out of order as the section it referred to had been stricken from the Bill; sustained
sustained
out of order as it was not germane in that it referred to the year 1998 and not 1995-96; sustained
out of order as it was not germane in that it did not relate to a line item; sustained
out of order as it was not germane in that it did not relate to Part I;
out of order as not germane as it did not affect any spending until the 1996 budget year; overruled
out of order as it violated Article III, Section 17 of the Constitution; overruled
Amendment to Supplemental Appropriations Bill
out of order as it violated Section 11-11-140 in that it dealt with 1993-94 appropriations and the effect of the
Act would be over with before the renovations were complete and it did not directly affect
an appropriation in that year; overruled
Appropriations Bill
paragraph 23, Lines 21-35, of Section 18A of Bill out of order as not germane; overruled
section A of Section 47 of Bill out of order as it was not germane as the substantial effect of it was to define types of video poker machines and it did not directly relate to an appropriation in Part I of the Bill; overruled
section D of Section 47 of Bill out of order as not germane; sustained
subsection E, which changed hours of operation of video poker, out of order as it was not germane in that
it did not have an affect on the appropriation of revenue in Part I; overruled
section 48 of Bill out of order under Rule 5.3 in that it referred to four or five years in advance; overruled
section to Bill out of order as not germane;
section B of Section 52 of Bill out of order as it was not germane in that it was just a procedural requirement
and did not involve the expenditure of money; sustained
out of order under Rule 9.1 which states that a Bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such bill as amended shall be printed, placed on the House Calendar, and shall not be read until such printed copy has been on the desks of the members for as least one day previous to such reading
Bill
out of order in compliance with Rule 5.13 as it did not have fiscal impact statement attached;
out of order under Rule 5.10 in that it had not been on the members' desks the required amount of time and that the Rules regarding the setting of Special Order
out of order in compliance with Rule 5.3 which states that any bill or resolution considered by the House of
Representatives that raises revenue must conform to the provisions of Article III, Section
15 of the Constitution; sustained
out of order in compliance with Rule 4.4 which states that no bill, except a committee bill, shall be considered
by the House until one week after the date of it first reference to a committee; overruled
overruled
out of order in compliance with Rule 4.4 which states that no statewide bill directly appropriating money shall
be considered by the House until such bill has been referred to the Ways & Means
Committee; overruled
out of order as it did not have revised fiscal impact statement attached; overruled
Calendar
Committee of the Whole
motion to resolve into to discuss issues concerning low level nuclear wastes and video poker out of order
because in order to go into the Committee of the Whole, according to Rule 4.10, that the
parliamentary steps in making use of a Committee of the Whole are essentially the same as those involved in
referring to a subject to an ordinary committee and for a subject to be referred to a committee
by this Body, then it must be on that subject; overruled
Concurrent Resolution
concurrent resolution setting judicial election for Oct. 24, 1995 out of order until such time that the General
Appropriations Act had passed and been signed into law as there were no judicial offices
created at this time; overruled
out of order as it was not authorized under the Sine Die Resolution; sustained
Conference Report
Divide the Question
Joint Assembly
motion for a roll call vote out of order inasmuch as the division had been ordered and the Clerks were in the
process of taking the vote; sustained
motion requesting a division out of order inasmuch as the President had announced the results of the voice vote on adjournment
12:00 noon having arrived, House should proceed to the Joint Assembly in accordance with the resolutions
adopted; sustained
point raised that since Judge William K. Charles, Jr. had not been found qualified and since he was
uncontested in the race for Family Court, Eighth Judicial Circuit, Seat #3, that a no vote would not
be a vote against him; overruled
motion to waive all nominating speeches during elections out of order as it would require unanimous consent;
overruled
motion to limit nominating speeches during elections out of order as it would require unanimous consent; overruled
Joint Resolution
Motion
to reconsider vote whereby Bill was given second reading out of order as it had to be made within 24 hours;
overruled
to divide the question out of order as it came too late as the House was in the middle of a vote; sustained
to invoke immediate cloture out of order as motion for delayed cloture was the first motion and had to be
disposed up first; sustained
to reconsider vote whereby Amendment No. 7 was adopted out of order under Rule 8.6 which states that after
immediate cloture the only amendments that can be considered are the ones on the desk
and this amendment would no longer be on the desk; overruled
to reconsider vote whereby motion to continue failed out of order as it was a procedural motion and could not
be reconsidered; sustained
to instruct conferees to refuse to vote for any extension of burial of low level nuclear waste in S.C. past the
Dec. 31, 1995, date on H. 3362 or any of the bills in the conference committee out of order
as there was nothing in the Rules that allowed for the motion to be made on the floor outside the Motion
Period and the House was not in the Motion Period; sustained
Motion Period
point raised that time had not expired during Motion Period as the clock should not have been running during
Points of Order raised during the Motion Period; overruled
Objections
Recede, motion to
Recess
Recur, motion to
Senate Amendments
Supplemental Appropriations Bill
$87,879,628 should be stricken from Bill as Section 11-11-140 (D) prohibited the appropriation from surplus
funds, before the first meeting of the General Assembly following the Comptroller General's
closing of the books for the fiscal year in which the surplus occurred; overruled
Last Updated: Monday, June 29, 2009 at 1:54 P.M.