Journal of the Senate
of the First Session of the 114th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 2001
&
Extraordinary Session Beginning June 20, 2001

POINTS OF ORDER

Appropriation Bill, General (H. 3696, R.200)
Mot. under Rule 43 to suspend specific Rules out of order -- suspension must apply equally to all amendments and, further, to have a suspension apply to one class of amendments would require unan. consent (GAB)
(Passailaigue) Overruled
Printed Page 2059, May 15
Decision appealed (Passailaigue)
Printed Page 2060, May 15
Decision upheld
Printed Page 2062, May 15

Senator not speaking directly to the question (GAB)
(Grooms) Under Advsmt. (Act. Pres.)
Printed Page 2060, May 15
(Leventis) Overruled
Printed Page 2176, May 17
(Richardson) Overruled
Printed Page 2178, May 17
Printed Page 2180, May 17

Proviso out of order - not germane to Bill (GAB)
(McConnell) (Prov. 72.87) Sustained
Printed Page 2062, May 15
(McConnell) (Prov. 69A.2) Sustained
Printed Page 2063, May 15

Mot. submitted under Rule 11 and distributed to members out of order - referenced H. 3697 rather than H. 3687 (GAB)
(Land) Under Advsmt.
Printed Page 2063, May 15
Sustained
Printed Page 2064, May 15

SFC Report (GAB) out of order - violative of Section 12-37-2735
(Passailaigue) Overruled
Printed Page 2063, May 15

Proviso out of order - violative of Section 12-43-220 (GAB)
(Passailaigue) (Prov. 1.4) Pt. w/d.
Printed Page 2063-2064, May 15

Proviso or Am. out of order - violative of Rule 24A, amending permanent law (GAB)
(McConnell) (Prov. 55.4) Sustained
Printed Page 2064, May 15
(McConnell) (Prov. 65.2) Sustained
Printed Page 2065, May 15
(McConnell) (Prov. 36.23) Sustained
Printed Page 2066, May 15
(McConnell) (Prov. 56DD.36) Sustained
Printed Page 2066, May 15
(Fair) (Prov. 1.66) Under Advsmt.
Printed Page 2165, May 17
Pt. out of order - Senator did not have floor to make mot. (Moore) No Ruling
Printed Page 2166, May 17
Pt. of Order (Fair) Sustained
Printed Page 2214, May 18
(McConnell) (Am. #66) Sustained
Printed Page 2192, May 18
(McConnell) (Am. #26) Overruled
Printed Page 2202, May 18
(Leventis) (Am. #50) Sustained
Printed Page 2202, May 18
(Setzler) (Am. #59A) Overruled
Printed Page 2203, May 18
(Leventis) (Am. #49A) Sustained
Printed Page 2206, May 18
(McConnell) (Am. #1A) Sustained
Printed Page 2218, May 18
(McConnell) (Am. #3A) Sustained
Printed Page 2223, May 18
(McConnell) (Am. #4A) Sustained
Printed Page 2224, May 18
(McConnell) (Am. #56) Sustained
Printed Page 2225, May 18

Proviso out of order - violative of Rule 24A, amending permanent law and Section 1-11-710 (GAB)
(Short) (Prov. 63G.7) Act. Pres. - Under Advsmt.
Printed Page 2167, May 17
Decision of Pres. - Overruled
Printed Page 2210, May 18
Decision appealed (Hutto)
Printed Page 2210, May 18
Appeal w/d (Hutto)
Printed Page 2210, May 18

Am. out of order - violative of Rules 24A and 24B, amending or suspending permanent law (GAB)
(McConnell) (Am. #2A) Sustained
Printed Page 2220, May 18

Mot. to table out of order - Senator did not have floor (GAB)
(Setzler) Act. Pres.- Sustained
Printed Page 2168, May 17

Next order of business would be subsequent amendment and Senator out of order in speaking on the Bill (GAB)
(Thomas) Overruled
Printed Page 2173, May 17

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Calendar
Bill improperly on Local Calendar and should be on the Statewide Calendar inasmuch as the Bill related to two counties
(Verdin) Under Advsmt.
Printed Page 660, Feb. 15
(Leventis) Under Advsmt.
Printed Page 2455, May 31

Debate
Elections of officers were nondebatable under Jefferson's Manual and further discussions were out of order
(Thomas) Sustained
Printed Page 14, Jan. 9

Under adopted mot., no debate on ams.
(Leventis) Sustained
Printed Page 61, Jan. 9

Under Jefferson's Manual, no Points of Privilege were addressed and the mot. was out of order
(Thomas) Sustained
Printed Page 70, Jan. 9

Next order of business would be subsequent amendment and Senator out of order in speaking on the Bill (GAB)
(Thomas) Overruled
Printed Page 2173, May 17

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Jefferson's Manual
If an obj. were raised under the provisions of Jefferson's Manual, p. 136, the Senate would proceed to vote
(Hutto) Overruled
Printed Page 3, Jan. 9
Decision appealed (Hutto)
Printed Page 3, Jan. 9
Appeal withdrawn (Hutto)
Printed Page 4, Jan. 9

Elections of officers were nondebatable under Jefferson's Manual and further discussions were out of order
(Thomas) Sustained
Printed Page 14, Jan. 9

Under Jefferson's Manual, mot. that no further ams. be accepted on the Desk was out of order -- not in writing and could be requested by any member at any time
(Moore) Sustained
Printed Page 55, Jan. 9

Under Jefferson's Manual, no Points of Privilege were addressed and the mot. was out of order
(Thomas) Sustained
Printed Page 70, Jan. 9

Motions
Mot. to Table
Mot. to table out of order - Senator did not have floor (GAB)
(Setzler) Act. Pres.- Sustained
Printed Page 2168, May 17

Objections
If an obj. were raised under the provisions of Jefferson's Manual, p. 136, the Senate would proceed to vote
(Hutto) Overruled
Printed Page 3, Jan. 9
Decision appealed (Hutto)
Printed Page 3, Jan. 9
Appeal withdrawn (Hutto)
Printed Page 4, Jan. 9

Objection to consideration of a Bill came too late
(Setzler) Overruled
Printed Page 3003, June 21 (E.S.)

Out of Order
Elections of officers were nondebatable under Jefferson's Manual and further discussions were out of order
(Thomas) Sustained
Printed Page 14, Jan. 9

Under Jefferson's Manual, mot. that no further ams. be accepted on the Desk was out of order -- not in writing and could be requested by any member at any time
(Moore) Sustained
Printed Page 55, Jan. 9

Am. out of order under Rule 24 - not germane
(Martin) Sustained
Printed Page 975, Mar. 20
(McConnell) Sustained
Printed Page 1640, Apr. 26

Am. out of order - violative of Art. III, Sect. 15, S.C. Constitution
(Passailaigue) Under Advsmt.
Printed Page 1295, Apr. 10
Pt. of Order Moot - Am. w/d
Printed Page 1421, Apr. 17
(Elliott) Overruled
Printed Page 1358, Apr. 12

Mot. under Rule 43 to suspend specific Rules out of order -- suspension must apply equally to all amendments and, further, to have a suspension apply to one class of amendments would require unan. consent (GAB)
(Passailaigue) Overruled
Printed Page 2059, May 15
Decision appealed (Passailaigue)
Printed Page 2060, May 15
Decision upheld
Printed Page 2062, May 15

Proviso out of order - not germane to Bill (GAB)
(McConnell) (Prov. 72.87) Sustained
Printed Page 2062, May 15
(McConnell) (Prov. 69A.2) Sustained
Printed Page 2063, May 15

Mot. submitted under Rule 11 and distributed to members out of order - referenced H. 3697 rather than H. 3687 (GAB)
(Land) Under Advsmt.
Printed Page 2063, May 15
Sustained
Printed Page 2064, May 15

SFC Report (GAB) out of order - violative of Section 12-37-2735
(Passailaigue) Overruled
Printed Page 2063, May 15

Proviso out of order - violative of Section 12-43-220 (GAB)
(Passailaigue) (Prov. 1.4) Pt. w/d.
Printed Page 2063-2064, May 15

Proviso or Am. out of order - violative of Rule 24A, amending permanent law (GAB)
(McConnell) (Prov. 55.4) Sustained
Printed Page 2064, May 15
(McConnell) (Prov. 65.2) Sustained
Printed Page 2065, May 15
(McConnell) (Prov. 36.23) Sustained
Printed Page 2066, May 15
(McConnell) (Prov. 56DD.36) Sustained
Printed Page 2066, May 15
(Fair) (Prov. 1.66) Under Advsmt.
Printed Page 2165, May 17
Pt. out of order - Senator did not have floor to make mot. (Moore) No Ruling
Printed Page 2166, May 17
Pt. of Order (Fair) Sustained
Printed Page 2214, May 18
(McConnell) (Am. #66) Sustained
Printed Page 2192, May 18
(McConnell) (Am. #26) Overruled
Printed Page 2202, May 18
(Leventis) (Am. #50) Sustained
Printed Page 2202, May 18
(Setzler) (Am. #59A) Overruled
Printed Page 2203, May 18
(Leventis) (Am. 49A) Sustained
Printed Page 2206, May 18
(McConnell) (Am. #1A) Sustained
Printed Page 2218, May 18
(McConnell) (Am. #3A) Sustained
Printed Page 2223, May 18
(McConnell) (Am. #4A) Sustained
Printed Page 2224, May 18
(McConnell) (Am. #56) Sustained
Printed Page 2225, May 18

Proviso out of order - violative of Rule 24A, amending permanent law and Section 1-11-710 (GAB)
(Short) (Prov. 63G.7) Act. Pres. - Under Advsmt.
Printed Page 2167, May 17
Decision of Pres. - Overruled
Printed Page 2210, May 18
Decision appealed (Hutto)
Printed Page 2210, May 18
Appeal w/d (Hutto)
Printed Page 2210, May 18

Am. out of order - violative of Rules 24A and 24B, amending or suspending permanent law (GAB)
(McConnell) (Am. #2A) Sustained
Printed Page 2220, May 18

Mot. to table out of order - Senator did not have floor (GAB)
(Setzler) Act. Pres.- Sustained
Printed Page 2168, May 17

Next order of business would be subsequent amendment and Senator out of order in speaking on the Bill (GAB)
(Thomas) Overruled
Printed Page 2173, May 17

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Am. out of order - title deals with Art. 7, Ch. 4, Title 61, and the am. pertained to Title 33
(Leventis) Under Advsmt.
Printed Page 2677, June 6
Point of Order w/d
Printed Page 3032, June 21 (E.S.)

Amendment adopted by the House of Representatives out of order - not germane
(Hutto) Under Advsmt.
Printed Page 2996, June 21 (E.S.)

Remarks
Senator not speaking directly to the question (GAB)
(Grooms) Under Advsmt. (Act. Pres.)
Printed Page 2060, May 15
(Leventis) Overruled
Printed Page 2176, May 17
(Richardson) Overruled
Printed Page 2178, May 17
Printed Page 2180, May 17

Next order of business would be subsequent amendment and Senator out of order in speaking on the Bill (GAB)
(Thomas) Overruled
Printed Page 2173, May 17

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Reports, Committee
Mot. under Rule 43 to suspend specific Rules out of order -- suspension must apply equally to all amendments and, further, to have a suspension apply to one class of amendments would require unan. consent (GAB)
(Passailaigue) Overruled
Printed Page 2059, May 15
Decision appealed (Passailaigue)
Printed Page 2060, May 15
Decision upheld
Printed Page 2062, May 15

SFC Report (GAB) out of order - violative of Section 12-37-2735
(Passailaigue) Overruled
Printed Page 2063, May 15

Rules
Rule 3b
Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Rule 6
Senator not speaking directly to the question (GAB)
(Grooms) Under Advsmt. (Act. Pres.)
Printed Page 2060, May 15
(Leventis) Overruled
Printed Page 2176, May 17
(Richardson) Overruled
Printed Page 2178, May 17
Printed Page 2180, May 17

Mot. to table out of order - Senator did not have floor (GAB)
(Setzler) Act. Pres.- Sustained
Printed Page 2168, May 17

Next order of business would be subsequent amendment and Senator out of order in speaking on the Bill (GAB)
(Thomas) Overruled
Printed Page 2173, May 17

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Mot. to revoke Rule 3b out of order - Senator did not have floor
(Grooms) Overruled
Printed Page 2182, May 17

Rule 11
Mot. submitted under Rule 11 and distributed to members out of order - referenced H. 3697 rather than H. 3687 (GAB)
(Land) Under Advsmt.
Printed Page 2063, May 15
Sustained
Printed Page 2064, May 15

Rule 13
Under the provisions of Rule 13, five-minute limitation on Expressions of Personal Interest had expired.
(Martin) No Ruling
Printed Page 609, Feb. 8

Rule 14
Bill had not been under debate for more than 24 hours
(Hutto) Act. Pres. - Overruled
Printed Page 2350, May 24

Rule 22
Mot. to recall out of order - violated provisions of Rule 22
(Martin) No Ruling - Mot. w/d
Printed Page 521, Jan. 31

Rule 24
Am. out of order under Rule 24 - not germane
(Martin) Sustained
Printed Page 975, Mar. 20
(McConnell) Sustained
Printed Page 1640, Apr. 26

Proviso out of order - not germane to Bill (GAB)
(McConnell) (Prov. 72.87) Sustained
Printed Page 2062, May 15
(McConnell) (Prov. 69A.2) Sustained
Printed Page 2063, May 15

Proviso or Am. out of order - violative of Rule 24A, amending permanent law (GAB)
(McConnell) (Prov. 55.4) Sustained
Printed Page 2064, May 15
(McConnell) (Prov. 65.2) Sustained
Printed Page 2065, May 15
(McConnell) (Prov. 36.23) Sustained
Printed Page 2066, May 15
(McConnell) (Prov. 56DD.36) Sustained
Printed Page 2066, May 15
(Fair) (Prov. 1.66) Under Advsmt.
Printed Page 2165, May 17
Pt. out of order - Senator did not have floor to make mot. (Moore) No Ruling
Printed Page 2166, May 17
Pt. of Order (Fair) Sustained
Printed Page 2214, May 18
(McConnell) (Am. #66) Sustained
Printed Page 2192, May 18
(McConnell) (Am. #26) Overruled
Printed Page 2202, May 18
(Leventis) (Am. #50) Sustained
Printed Page 2202, May 18
(Setzler) (Am. #59A) Overruled
Printed Page 2203, May 18
(Leventis) (Am. 49A) Sustained
Printed Page 2206, May 18
(McConnell) (Am. #1A) Sustained
Printed Page 2218, May 18
(McConnell) (Am. #3A) Sustained
Printed Page 2223, May 18
(McConnell) (Am. #4A) Sustained
Printed Page 2224, May 18
(McConnell) (Am. #56) Sustained
Printed Page 2225, May 18

Proviso out of order - violative of Rule 24A, amending permanent law and Section 1-11-710 (GAB)
(Short) (Prov. 63G.7) Act. Pres. - Under Advsmt.
Printed Page 2167, May 17
Decision of Pres. - Overruled
Printed Page 2210, May 18
Decision appealed (Hutto)
Printed Page 2210, May 18
Appeal w/d (Hutto)
Printed Page 2210, May 18

Am. out of order - violative of Rules 24A and 24B, amending or suspending permanent law (GAB)
(McConnell) (Am. #2A) Sustained
Printed Page 2220, May 18

Am. adopted by the House of Representatives out of order - not germane
(Hutto) Under Advsmt.
Printed Page 2996, June 21 (E.S.)

Rule 32
Bill improperly on Local Calendar and should be on the Statewide Calendar inasmuch as the Bill related to two counties
(Verdin) Under Advsmt.
Printed Page 660, Feb. 15
(Leventis) Under Advsmt.
Printed Page 2455, May 31

Mot. to make Bill a Sp. Order out of order under Rule 33B inasmuch as the Bill/Resolution had not been on the Calendar for a minimum of six statewide legislative days
(Leventis) Overruled
Printed Page 668, Feb. 15
(Wilson) Sustained
Printed Page 690, Feb. 20

Rule 33B
Mot. to make Bill a Sp. Order out of order under Rule 33B inasmuch as the Bill/Resolution had not been on the Calendar for a minimum of six statewide legislative days
(Leventis) Overruled
Printed Page 668, Feb. 15
(Wilson) Sustained
Printed Page 690, Feb. 20

Rule 37
Committee Report out of order - not on the Desk for one legislative day.
(Moore) Pt. w/d
Printed Page 1235, Apr. 4
(Moore) Sustained
Printed Page 1235, Apr. 4
(Passailaigue) Sustained
Printed Page 2540, June 5

Under Rule 37, consideration of Report of Committee of Conference on H. 3946 out of order - not on Desk for one statewide legislative day
(Hutto) Sustained
Printed Page 2989, June 20 (E.S.)

Rule 42
If an obj. were raised under the provisions of Jefferson's Manual, p. 136, the Senate would proceed to vote
(Hutto) Overruled
Printed Page 3, Jan. 9
Decision appealed (Hutto)
Printed Page 3, Jan. 9
Appeal withdrawn (Hutto)
Printed Page 4, Jan. 9

Elections of officers were nondebatable under Jefferson's Manual and further discussions were out of order
(Thomas) Sustained
Printed Page 14, Jan. 9

Under Jefferson's Manual, mot. that no further ams. be accepted on the Desk was out of order -- not in writing and could be requested by any member at any time
(Moore) Sustained
Printed Page 55, Jan. 9

Under Jefferson's Manual, no Points of Privilege were addressed and the mot. was out of order
(Thomas) Sustained
Printed Page 70, Jan. 9

Rule 43
Mot. under Rule 43 to suspend specific Rules out of order -- suspension must apply equally to all amendments and, further, to have a suspension apply to one class of amendments would require unan. consent (GAB)
(Passailaigue) Overruled
Printed Page 2059, May 15
Decision appealed (Passailaigue)
Printed Page 2060, May 15
Decision upheld
Printed Page 2062, May 15

Constitutional and Statutory Violations
Am. out of order - violative of Art. III, Sect. 15, S.C. Constitution
(Passailaigue) Under Advsmt.
Printed Page 1295, Apr. 10
Pt. of Order Moot - Am. w/d
Printed Page 1421, Apr. 17
(Elliott) Overruled
Printed Page 1358, Apr. 12

SFC Report (GAB) out of order - violative of Section 12-37-2735
(Passailaigue) Overruled
Printed Page 2063, May 15

Proviso out of order - violative of Section 12-43-220 (GAB)
(Passailaigue) (Prov. 1.4) Pt. w/d.
Printed Page 2063-2064, May 15

Proviso out of order - violative of Rule 24A, amending permanent law (GAB)
(McConnell) (Prov. 55.4) Sustained
Printed Page 2064, May 15
(McConnell) (Prov. 65.2) Sustained
Printed Page 2065, May 15
(McConnell) (Prov. 36.23) Sustained
Printed Page 2066, May 15
(McConnell) (Prov. 56DD.36) Sustained
Printed Page 2066, May 15
(Fair) (Prov. 1.66) Under Advsmt.
Printed Page 2165, May 17
Pt. out of order - Senator did not have floor to make mot. (Moore) No Ruling
Printed Page 2166, May 17
Pt. of Order (Fair) Sustained
Printed Page 2214, May 18
(McConnell) (Am. #66) Sustained
Printed Page 2192, May 18
(McConnell) (Am. #26) Overruled
Printed Page 2202, May 18
(Leventis) (Am. #50) Sustained
Printed Page 2202, May 18
(Setzler) (Am. #59A) Overruled
Printed Page 2203, May 18
(Leventis) (Am. #49A) Sustained
Printed Page 2206, May 18
(McConnell) (Am. #1A) Sustained
Printed Page 2218, May 18
(McConnell) (Am. #3A) Sustained
Printed Page 2223, May 18
(McConnell) (Am. #4A) Sustained
Printed Page 2224, May 18
(McConnell) (Am. #56) Sustained
Printed Page 2225, May 18

Proviso out of order - violative of Rule 24A, amending permanent law and Section 1-11-710 (GAB)
(Short) (Prov. 63G.7) Act. Pres. - Under Advsmt.
Printed Page 2167, May 17
Decision of Pres. - Overruled
Printed Page 2210, May 18
Decision appealed (Hutto)
Printed Page 2210, May 18
Appeal w/d (Hutto)
Printed Page 2210, May 18

Am. out of order - violative of Rules 24A and 24B, amending or suspending permanent law (GAB)
(McConnell) (Am. #2A) Sustained
Printed Page 2220, May 18

Am. out of order - title deals with Art. 7, Ch. 4, Title 61, and the am. pertained to Title 33
(Leventis) Under Advsmt.
Printed Page 2677, June 6
Pt. of Order w/d
Printed Page 3032, June 21 (E.S.)

Under Section 2-1-180 of S.C. Code, the Senate would be in violation if the session were to extend beyond 5:00 P.M.
(Martin) Sustained
Printed Page 2969, June 7

Am. out of order - title deals with Art. 7, Ch. 4, Title 61, and the am. pertained to Title 33
(Leventis) Under Advsmt.
Printed Page 2677, June 6 (E.S.)
Pt. of Order w/d
Printed Page 3032, June 21 (E.S.)

Unanimous Consent
Mot. under Rule 43 to suspend specific Rules out of order -- suspension must apply equally to all amendments and, further, to have a suspension apply to one class of amendments would require unan. consent
(Passailaigue) Overruled
Printed Page 2059, May 15
Decision appealed (Passailaigue)
Printed Page 2060, May 15
Decision upheld
Printed Page 2062, May 15

Senator out of order in speaking on the Bill - earlier unan. consent request to take up amendments
(Grooms) Overruled
Printed Page 2173, May 17

Voting
If an obj. were raised under the provisions of Jefferson's Manual, p. 136, the Senate would proceed to vote
(Hutto) Overruled
Printed Page 3, Jan. 9
Decision appealed (Hutto)
Printed Page 3, Jan. 9
Appeal withdrawn (Hutto)
Printed Page 4, Jan. 9


Last Updated: Thursday, June 25, 2009 at 1:22 P.M.