Journal of the Senate
of the Second Session of the 112th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 13, 1998


POINTS OF ORDER

Appeals of Decisions by the PRESIDENT
Bill was out of order -- violative of Sect. 2-7-76 as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of committee and the Bill was not properly before the Senate
(McConnell) Overruled
Printed Page 986, Mar. 5
Appeal of the Decision of the PRESIDENT (McConnell)
Printed Page 987, Mar. 5
Appeal withdrawn (McConnell)
Printed Page 988, Mar. 5

Appropriation Bill, General (H.4700, R536)
Am. was out of order - not germane to the Bill
(Leventis) (GAB-#53) Pt. w/d
Printed Page 2266, May 5
(Thomas) (GAB-#54) Overruled
Printed Page 2268, May 5
(Hutto) (GAB-#133) Sustained
Printed Page 2438, May 7

Mot. to carry over a section of Part I of the GAB out of order -- further amendments to this section on the desk and section could not be carried over without unanimous consent
(Leatherman) (GAB)
Printed Page 2434, May 7
Pt. of Order raised by Sen. Leatherman out of order -- mot. to carry over was a higher mot. than the mot. to amend
(McConnell) (GAB) Sustained
Printed Page 2435, May 7

Sect. of GAB was out of order - not germane to the Bill
(Lander) (GAB-Pt. I, Sect. 72.94) Overruled
Printed Page 2439, May 7
(McConnell) (GAB-Pt. II, Sect. 7) Sustained
Printed Page 2444, May 7
(McConnell) (GAB-Pt. II, Sect. 48) Overruled
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 53) Sustained
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 54) Sustained
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 57) Sustained
Printed Page 2445, May 7

To adopt Pt. I, Sect. 72.94 of the GAB, a two-thirds vote would be required provisions of Sect. 4-9-55(b)
(Lander) (GAB) Overruled
Printed Page 2439, May 7

Under the provisions of Rule 24, a two-thirds vote would be required to include Sect. 49 in the GAB
(Passailaigue) (GAB) Sustained
Printed Page 2445, May 7

Motions
Motion to Adjourn
Mot. to adjourn out of order - Senator making mot. was not in his designated seat
(McConnell) ACTING PRES. - Sustained
Printed Page 2885, May 26

Motion to Carry Over
Mot. to carry over a section of Part I of the GAB out of order -- further amendments to this section on the desk and section could not be carried over without unanimous consent
(Leatherman) (GAB)
Printed Page 2434, May 7
Pt. of Order raised by Sen. Leatherman out of order -- mot. to carry over was a higher mot. than the mot. to amend
(McConnell)(GAB) Sustained
Printed Page 2435, May 7

Order of the Day
Pursuant to a mot. adopted earlier (4/8/98), "the Senate would proceed to a consideration of S.947 when either consideration on the GAB has been completed or a decision has been rendered by the Sup. Ct., whichever event occurred first," and, S.947 was order of the day
(Thomas) Sustained
Printed Page 2518, May 12

For the Senate to proceed to consider the remaining items in the box subsequent to the consideration of the Conference Report on S. 174 would be out of order
(Thomas) Overruled
Printed Page 3354, June 4

Out of Order
Mot. to carry over a section of Part I of the GAB out of order -- further amendments to this section on the desk and section could not be carried over without unanimous consent
(Leatherman) (GAB)
Printed Page 2434, May 7
Pt. of Order raised by Sen. Leatherman out of order -- mot. to carry over was a higher mot. than the mot. to amend
(McConnell) (GAB) Sustained
Printed Page 2435, May 7

For the Senate to proceed to consider the remaining items in the box subsequent to the consideration of the Conference Report on S. 174 would be out of order
(Thomas) Overruled
Printed Page 3354, June 4

Conference Report under discussion (H. 4346) was out of order -- Free Conference Powers were granted and the Report of the Committee of Free Conference on H. 4346 had been adopted previously and, therefore, the adoption of the Free Conference Report would have to be reconsidered before the instant Report could be made to the Senate
(Land) Sustained
Printed Page 3781, June 16

Quorum
In the absence of a quorum, mot. for a Call of the Senate not in order
(Thomas) ACTING PRES. - Overruled; under the provisions of Rule 2A, a mot. for a Call of the Senate was in order.
Printed Page 2886, May 26

Under the provisions of Rule 2A, priority of motions is determined by the order in which the mot. is made and the Call of the Senate was made prior to the mot. to adjourn
(McConnell) ACTING PRES.. - Sustained
Printed Page 2886, May 26

Readings
Amendments were on the desk that were required to be disposed of prior to the second reading of the Bill
(Passailaigue) (No Ruling)
Printed Page 2722, May 20

Reports
For the Senate to proceed to consider the remaining items in the box subsequent to the consideration of the Conference Report on S. 174 would be out of order
(Thomas) Overruled
Printed Page 3354, June 4

Conference Report under discussion (H. 4346) was out of order -- Free Conference Powers were granted and the Report of the Committee of Free Conference on H. 4346 had been adopted previously and, therefore, the adoption of the Free Conference Report would have to be reconsidered before the instant Report could be made to the Senate
(Land) Sustained
Printed Page 3781, June 16

Under Rule 37, Report of the Committee of Conference had not been on the Desk for one statewide legislative day
(Saleeby) Sustained
Printed Page 3781, June 16

Remarks
Speaker's remarks not germane to the Bill
(Ryberg) ACTING PRES. - Overruled
Printed Page 1231, Mar. 25
(Ryberg) Overruled
Printed Page 1240, Mar. 25
Printed Page 1244, Mar. 25

Speaker's remarks were "tedious and superfluous"
(J. Verne Smith) Overruled
Printed Page 1248, Mar. 26

Rules
Rule 2A
In the absence of a quorum, mot. for a Call of the Senate not in order
(Thomas) ACTING PRES. - Overruled; under the provisions of Rule 2A, a mot. for a Call of the Senate was in order.
Printed Page 2886, May 26

Under provisions of Rule 2A, priority of motions is determined by the order in which the mot. is made and the Call of the Senate was made prior to the mot. to adjourn
(McConnell) ACTING PRES. - Sustained
Printed Page 2886, May 26

Rule 14
Mot. to carry over a section of Part I of the GAB out of order -- further amendments to this section on the desk and section could not be carried over without unanimous consent
(Leatherman) (GAB)
Printed Page 2434, May 7
Pt. of Order raised by Sen. Leatherman out of order -- mot. to carry over was a higher mot. than the mot. to amend
(McConnell) (GAB) Sustained
Printed Page 2435, May 7

Rule 15A
Mot. to set a time certain to vote on the entire matter and all amendments thereto was not in compliance with the provisions of Rule 15A and out of order
(McConnell) No Ruling -- mot. restated
Printed Page 1240, Mar. 25

Rule 24
Am. out of order - not germane to the Bill/Resolution
(Thomas) Overruled
Printed Page 89, Jan. 14
(Setzler) Sustained
Printed Page 830, Feb. 18
(Leventis) (GAB-#53) Pt. of Order w/d
Printed Page 2266, May 5
(Thomas) (GAB-#54) Overruled
Printed Page 2268, May 5
(Hutto) (GAB-#133) Sustained
Printed Page 2438, May 7
(Leatherman) ACTING PRES. - Overruled
Printed Page 2882, May 26

Sect. of GAB was out of order - not germane to the Bill
(Lander) (GAB-Pt. I, Sect. 72.94) Overruled
Printed Page 2439, May 7
(McConnell) (GAB-Pt. II, Sect. 7) Sustained
Printed Page 2444, May 7
(McConnell) (GAB-Pt. II, Sect. 48) Overruled
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 53) Sustained
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 54) Sustained
Printed Page 2445, May 7
(McConnell) (GAB-Pt. II, Sect. 57) Sustained
Printed Page 2445, May 7

Speaker's remarks not germane to the Bill
(Ryberg) ACTING PRES. - Overruled
Printed Page 1231, Mar. 25
(Ryberg) Overruled
Printed Page 1240, Mar. 25
Printed Page 1244, Mar. 25

Under provisions of Rule 24, a two-thirds vote would be required to include Sect. 49 in the GAB
(Passailaigue) (GAB) Sustained
Printed Page 2445, May 7

Rule 37
For the Senate to proceed to consider the remaining items in the box subsequent to the consideration of the Conference Report on S. 174 would be out of order
(Thomas) Overruled
Printed Page 3354, June 4

Conference Report under discussion (H. 4346) was out of order -- Free Conference Powers were granted and the Report of the Committee of Free Conference on H. 4346 had been adopted previously and, therefore, the adoption of the Free Conference Report would have to be reconsidered before the instant Report could be made to the Senate
(Land) Sustained
Printed Page 3781, June 16

Under Rule 37, Report of the Committee of Conference had not been on the Desk for one statewide legislative day
(Saleeby) Sustained
Printed Page 3781, June 16

Violations, Constitutional
Am. out of order -- purports to appropriate money and must originate in the House under the provisions of Art III, §15, of the S. C. Constitution.
(Leatherman) Overruled
Printed Page 89, Jan. 14

Violations, Statutory
Bill was out of order -- violative of Sect. 2-7-76 as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of committee and the Bill was not properly before the Senate
(McConnell) Overruled
Printed Page 986, Mar. 5
(Ravenel) ACTING PRES. - Overruled
Printed Page 1301, Mar. 31

Bill (H.4577) was violative of Section 2-7-76 as a fiscal impact statement pertaining to the impact on local government revenues was not affixed to the Bill when reported out of committee nor when it passed the House, and the Bill was not properly before the Senate and should be returned to the House
(Passailaigue)
Printed Page 2725, May 20
Pt. of Order raised by Sen. Passailaigue out of order as H. 4577 was not under consideration, and not before the Senate
(Martin) Under Advsmt.
Printed Page 2725, May 20
Decision of the PRES. -- Sen. Passailaigue's Pt. of Order overruled
Printed Page 3317, June 4

Voting
Jt. Assembly -- Rep. Cato's vote changed the outcome of the election and, therefore, Senator Saleeby objected
(Saleeby)
Printed Page 2353, May 6
Sen. Saleeby's Point of Order came too late
(Haskins) ACTING PRES. - Sustained
Printed Page 2353, May 6

To adopt Pt. I, Sect. 72.94 of the GAB, a two-thirds vote would be required under provisions of Sect. 4-9-55(b)
(Lander) (GAB) Overruled
Printed Page 2439, May 7

Under provisions of Rule 24, a two-thirds vote would be required to include Sect. 49 in the GAB
(Passailaigue) (GAB) Sustained
Printed Page 2445, May 7


Last Updated: Monday, June 29, 2009 at 10:45 A.M.