Journal of the Senate
of the Second Session of the 115th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 13, 2004

POINTS OF ORDER

Amendments
Am. was out of order inasmuch as it was a revenue-raising measure and must originate in the House
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Am. out of order - violative of Rule 24
(Martin) (GAB) Sustained
Printed Page 2337, May 4
(Moore) (GAB) Sustained
Printed Page 2340, May 4
(Ryberg) (GAB) Overruled
Printed Page 2342, May 4
(Leventis) (GAB) Am. w/d
Printed Page 2367, May 5
(Knotts) (GAB) Sustained
Printed Page 2373, May 5
(Leatherman) (GAB) Sustained
Printed Page 2378, May 5
(Knotts) (GAB) Sustained
Printed Page 2379, May 5
(Martin) (GAB) Overruled
Printed Page 2380, May 5
(Hutto) (GAB) Overruled
Printed Page 2381, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2387, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2388, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2389, May 5
(Leatherman) (GAB) Under Advsmt
Printed Page 2435, May 6
Decision by Pres. - Overruled
Printed Page 2459, May 6
(Knotts) (GAB) Sustained
Printed Page 2438, May 6
(Hutto) (GAB) Sustained
Printed Page 2446, May 6
(Ryberg) (GAB) Overruled
Printed Page 2454, May 6
(Hutto) (GAB) Act. Pres. - Under Advsmt.
Printed Page 2496, May 7
Decision of Pres. Pro Tempore - Overruled
Printed Page 2497, May 7
(Leatherman) (GAB) Sustained
Printed Page 2528, May 7
(Hutto) (GAB) Sustained
Printed Page 2529, May 7
(Leventis) Pt. of Order w/d
Printed Page 2835, May 19
(Leventis) Overruled
Printed Page 2837, May 19
(Hayes) Under Advsmt.
Printed Page 2948, May 25
Decision of Pres. - Sustained
Printed Page 2950, May 25
Decision appealed (Hutto)
Printed Page 2950, May 25
Appeal out of order -- too late
(Thomas) Overruled
Printed Page 2950, May 25
Decision Upheld (18-24)
Printed Page 2952, May 25
(Leatherman) Sustained
Printed Page 3471, June 2
(Ryberg) Sustained
Printed Page 3475, June 2
(Ryberg) Under Advsmt.
Printed Page 3480, June 2

Am. out of order - violative of Article III, Sect. 15 of the S.C. Constitution
(Richardson)
Printed Page 2898, May 20
Pt. of Order out of order - raised too early inasmuch as no ams. were under consideration
(McConnell)Under Advsmt.
Printed Page 2898, May 20

Senator was filibustering his own am.
(Richardson) Overruled
Printed Page 2989, May 26

Appropriation Bill, General (H. 4925, R333)
Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Am. out of order - violative of Rule 24
(Martin) (GAB) Sustained
Printed Page 2337, May 4
(Moore) (GAB) Sustained
Printed Page 2340, May 4
(Ryberg) (GAB) Overruled
Printed Page 2342, May 4
(Leventis) (GAB) Am. w/d
Printed Page 2367, May 5
(Knotts) (GAB) Sustained
Printed Page 2373, May 5
(Leatherman) (GAB) Sustained
Printed Page 2378, May 5
(Knotts) (GAB) Sustained
Printed Page 2379, May 5
(Martin) (GAB) Overruled
Printed Page 2380, May 5
(Hutto) (GAB) Overruled
Printed Page 2381, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2387, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2388, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2389, May 5
(Leatherman) (GAB) Under Advsmt
Printed Page 2435, May 6
Decision by Pres. - Overruled
Printed Page 2459, May 6
(Knotts) (GAB) Sustained
Printed Page 2438, May 6
(Hutto) (GAB) Sustained
Printed Page 2446, May 6
(Ryberg) (GAB) Overruled
Printed Page 2454, May 6
(Hutto) (GAB) Act. Pres. - Under Advsmt.
Printed Page 2496, May 7
Decision of Pres. Pro Tempore - Overruled
Printed Page 2497, May 7
(Leatherman) (GAB) Sustained
Printed Page 2528, May 7
(Hutto) (GAB) Sustained
Printed Page 2529, May 7

Provisos (GAB) out of order - violative of Rule 24
Proviso 72.89 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 72.99 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 56DD.32 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 56DD.40 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 72.88 (Ritchie) Overruled
Printed Page 2360, May 5
Proviso 1.80 (Ritchie) Sustained
Printed Page 2361, May 5
Proviso 73.15 (Leventis) Sustained
Printed Page 2362, May 5
Proviso 63.49 (Ryberg) Overruled
Printed Page 2363, May 5
Proviso 36A.15 (Knotts) Overruled
Printed Page 2365, May 5
Proviso 50.11 (Martin) Sustained
Printed Page 2373, May 5
Proviso 26.7 (Leventis) Under Advsmt.
Printed Page 2373, May 5
Decision of Pres. - Overruled
Printed Page 2439, May 6
Proviso 73.7 (Hutto) Sustained
Printed Page 2459, May 6

Am. (GAB) violative of Rule 24 - am. did not relate to the raising/spending of revenue
(Martin) (GAB) Overruled
Printed Page 2380, May 5

Am. (GAB) out of order - violative of Rule 24 in that it am./suspended permanent law
(Hutto) (GAB) Overruled
Printed Page 2381, May 5

Mot. to invoke Rule 3B (GAB) out of order - double-barreled mot.
(Martin) (GAB) Mot. w/d
Printed Page 2490, May 7

Pt. of Quorum out of order - another Senator retained the floor and mot. req. unan. consent (GAB)
(Branton) Pt. of Quorum could be made at any time and did not req. unan. consent
Printed Page 2492, May 7

Under provisions of Rule 37, Report of Com. of Conf. (GAB) must lie on Desk one statewide legislative day
(Ryberg) Sustained
Printed Page 2721, May 18

Appeals of Decisions of PRESIDENT (See RULINGS/DECISIONS BY THE PRESIDENT)

Calendar
Bill purported to amend a statewide statute and was improperly reflected on the Local Calendar
(Setzler) Pt. of Order w/d
Printed Page 1844, Apr. 7

Motions
Mot. out of order inasmuch as a quorum was not present
(McConnell) Act. Pres. - Sustained
Printed Page 2985, May 26

Reconsider, Mot. to
Mot. to reconsider out of order -- Sen. retained floor on the Bill
(Hutto) Overruled
Printed Page 2180, Apr. 28
Decision appealed (Moore)
Printed Page 2180, Apr. 28
Appeal w/d (Moore)
Printed Page 2181, Apr. 28
Pt. of Order w/d (Hutto)
Printed Page 2181, Apr. 28

Out of Order
Am. was out of order inasmuch as it was a revenue-raising measure and must originate in the House
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Mot. to reconsider out of order -- Sen. retained floor on the Bill
(Hutto) Overruled
Printed Page 2180, Apr. 28
Decision appealed (Moore)
Printed Page 2180, Apr. 28
Appeal w/d (Moore)
Printed Page 2181, Apr. 28
Pt. of Order w/d (Hutto)
Printed Page 2181, Apr. 28

Am. out of order - violative of Rule 24
(Martin) (GAB) Sustained
Printed Page 2337, May 4
(Moore) (GAB) Sustained
Printed Page 2340, May 4
(Ryberg) (GAB) Overruled
Printed Page 2342, May 4
(Leventis) (GAB) Am. w/d
Printed Page 2367, May 5
(Knotts) (GAB) Sustained
Printed Page 2373, May 5
(Leatherman) (GAB) Sustained
Printed Page 2378, May 5
(Knotts) (GAB) Sustained
Printed Page 2379, May 5
(Martin) (GAB) Overruled
Printed Page 2380, May 5
(Hutto) (GAB) Overruled
Printed Page 2381, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2387, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2388, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2389, May 5
(Leatherman) (GAB) Under Advsmt
Printed Page 2435, May 6
Decision by Pres. - Overruled
Printed Page 2459, May 6
(Knotts) (GAB) Sustained
Printed Page 2438, May 6
(Hutto) (GAB) Sustained
Printed Page 2446, May 6
(Ryberg) (GAB) Overruled
Printed Page 2454, May 6
(Hutto) (GAB) Act. Pres. - Under Advsmt.
Printed Page 2496, May 7
Decision of Pres. Pro Tempore - Overruled
Printed Page 2497, May 7
(Leatherman) (GAB) Sustained
Printed Page 2528, May 7
(Hutto) (GAB) Sustained
Printed Page 2529, May 7
(Richardson) Sustained
Printed Page 2578, May 12
(Leventis) Pt. of Order w/d
Printed Page 2835, May 19
(Leventis) Overruled
Printed Page 2837, May 19
(Hayes) Under Advsmt.
Printed Page 2948, May 25
Decision of Pres. - Sustained
Printed Page 2950, May 25
Decision appealed (Hutto)
Printed Page 2950, May 25
Appeal out of order -- too late
(Thomas) Overruled
Printed Page 2950, May 25
Decision Upheld (18-24)
Printed Page 2952, May 25
(Leatherman) Sustained
Printed Page 3471, June 2
(Ryberg) Sustained
Printed Page 3475, June 2
(Ryberg) Under Advsmt.
Printed Page 3480, June 2

Provisos (GAB) out of order - violative of Rule 24
Proviso 72.89 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 72.99 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 56DD.32 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 56DD.40 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 72.88 (Ritchie) Overruled
Printed Page 2360, May 5
Proviso 1.80 (Ritchie) (Sustained)
Printed Page 2361, May 5
Proviso 73.15 (Leventis) (Sustained)
Printed Page 2362, May 5
Proviso 63.49 (Ryberg) (Overruled)
Printed Page 2363, May 5
Proviso 36A.15 (Knotts) (Overruled)
Printed Page 2365, May 5
Proviso 50.11 (Martin) (Sustained)
Printed Page 2373, May 5
Proviso 26.7 (Leventis) (Under Advsmt.)
Printed Page 2373, May 5
Decision of Pres. - Overruled
Printed Page 2439, May 6
Proviso 73.7 (Hutto) Sustained
Printed Page 2459, May 6

Am. (GAB) violative of Rule 24 - am. did not relate to the raising/spending of revenue
(Martin) (GAB) Overruled
Printed Page 2380, May 5

Am. (GAB) out of order - violative of Rule 24 in that it am./suspended permanent law
(Hutto) (GAB) Overruled
Printed Page 2381, May 5

Am. out of order - violative of Article III, Sect. 15 of the S.C. Constitution
(Richardson)
Printed Page 2898, May 20
Pt. of Order out of order - raised too early inasmuch as no ams. were under consideration
(McConnell) Under Advsmt.
Printed Page 2898, May 20

Remarks were out of order -- not germane
(Kuhn) Act. Pres. - Under Advsmt.
Printed Page 3623, June 3

Mot. under 15A out of order -- no significant progress had been made during the debate and since the time indicated for a vote had passed, the mot. was moot
(Leventis) Act. Pres. - Overruled
Printed Page 3629, June 3

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Quorum, Points of
Pt. of Quorum out of order - another Senator retained the floor and mot. req. unan. consent (GAB)
(Branton) Pt. of Quorum could be made at any time and did not req. unan. consent
Printed Page 2492, May 7

Mot. out of order inasmuch as a quorum was not present
(McConnell) Act. Pres. - Sustained
Printed Page 2985, May 26

Remarks
Senator was filibustering his own am.
(Richardson) Overruled
Printed Page 2989, May 26

Remarks were out of order -- not germane
(Kuhn) Act. Pres. - Under Advsmt.
Printed Page 3623, June 3

Rules
Rule 3B
Mot. to invoke Rule 3B (GAB) out of order - double-barreled mot.
(Martin) (GAB) Mot. w/d
Printed Page 2490, May 7

Rule 15A
Mot. under Rule 15A to vote on entire matter out of order inasmuch as the mot. was made pursuant to Rule 15C under the guise of Rule 15A
(McConnell) Sustained
Printed Page 1667, Mar. 30

Rule 15A provides that the mot. to vote on entire matter must be made during the same legislative day
(McConnell) Under Advsmt.
Printed Page 1668, Mar. 30

Mot. under Rule 15A out of order inasmuch as four hours of debate on this Bill had not elapsed on this legislative day
(McConnell) Sustained
Printed Page 1697, Mar. 31
Decision appealed (Ritchie)
Printed Page 1697, Mar. 31
Ruling by President Upheld
Printed Page 1697, Mar. 31

Mot. under Rule 15A out of order inasmuch as an insufficient amt. of time had elapsed since the last vote under Rule 15A was taken
(Branton) Act. Pres. - Overruled
Printed Page 2176, Apr. 27

Mot. under Rule 15A out of order -- no significant progress had been made during the debate and since the time indicated for a vote had passed, the mot. was moot
(Leventis) Act. Pres. - Overruled
Printed Page 3629, June 3

Rule 15B
Mot. under Rule 15B to vote on entire matter out of order inasmuch as rule pertained to reapportionment and matter was not a reapportionment Bill
(McConnell) Sustained
Printed Page 1667, Mar. 30

Rule 15C
Mot. under Rule 15A to vote on entire matter out of order inasmuch as the mot. was made pursuant to Rule 15C under the guise of Rule 15A
(McConnell) Sustained
Printed Page 1667, Mar. 30

Rule 24
Am. out of order - violative of Rule 24 (not germane)
(Leatherman) Act. Pres - Sustained
Printed Page 651, Jan. 28
(Martin) (GAB) Sustained
Printed Page 2337, May 4
(Moore) (GAB) Sustained
Printed Page 2340, May 4
(Ryberg) (GAB) Overruled
Printed Page 2342, May 4
(Leventis) (GAB) Am. w/d
Printed Page 2367, May 5
(Knotts) (GAB) Sustained
Printed Page 2373, May 5
(Leatherman) (GAB) Sustained
Printed Page 2378, May 5
(Knotts) (GAB) Sustained
Printed Page 2379, May 5
(Martin) (GAB) Overruled
Printed Page 2380, May 5
(Hutto) (GAB) Overruled
Printed Page 2381, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2387, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2388, May 5
(Martin) (GAB) Act. Pres. - Sustained
Printed Page 2389, May 5
(Leatherman) (GAB) Under Advsmt
Printed Page 2435, May 6
Decision by Pres. - Overruled
Printed Page 2459, May 6
(Knotts) (GAB) Sustained
Printed Page 2438, May 6
(Hutto) (GAB) Sustained
Printed Page 2446, May 6
(Ryberg) (GAB) Overruled
Printed Page 2454, May 6
(Hutto) (GAB) Act. Pres. - Under Advsmt.
Printed Page 2496, May 7
Decision of Pres. Pro Tempore - Overruled
Printed Page 2497, May 7
(Leatherman) (GAB) Sustained
Printed Page 2528, May 7
(Hutto) (GAB) Sustained
Printed Page 2529, May 7
(Richardson) Sustained
Printed Page 2578, May 12
(Leventis) Pt. of Order w/d
Printed Page 2835, May 19
(Leventis) Overruled
Printed Page 2837, May 19
(Hayes) Under Advsmt.
Printed Page 2948, May 25
Decision of Pres. - Sustained
Printed Page 2950, May 25
Decision appealed (Hutto)
Printed Page 2950, May 25
Appeal out of order -- too late
(Thomas)Overruled
Printed Page 2950, May 25
Decision Upheld (18-24)
Printed Page 2952, May 25
(Leatherman) Sustained
Printed Page 3471, June 2
(Ryberg) Sustained
Printed Page 3475, June 2
(Ryberg) Under Advsmt.
Printed Page 3480, June 2

Provisos (GAB) out of order - violative of Rule 24
Proviso 72.89 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 72.99 (McConnell) Sustained
Printed Page 2359, May 5
Proviso 56DD.32 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 56DD.40 (Hutto) Sustained
Printed Page 2360, May 5
Proviso 72.88 (Ritchie) Overruled
Printed Page 2360, May 5
Proviso 1.80 (Ritchie) (Sustained)
Printed Page 2361, May 5
Proviso 73.15 (Leventis) (Sustained)
Printed Page 2362, May 5
Proviso 63.49 (Ryberg) (Overruled)
Printed Page 2363, May 5
Proviso 36A.15 (Knotts) (Overruled)
Printed Page 2365, May 5
Proviso 50.11 (Martin) (Sustained)
Printed Page 2373, May 5
Proviso 26.7 (Leventis) (Under Advsmt.)
Printed Page 2373, May 5
Decision of Pres. - Overruled
Printed Page 2439, May 6
Proviso 73.7 (Hutto) Sustained
Printed Page 2459, May 6

Am. (GAB) violative of Rule 24 - am. did not relate to the raising/spending of revenue
(Martin) (GAB) Overruled
Printed Page 2380, May 5

Am. (GAB) out of order - violative of Rule 24 in that it am./suspended permanent law
(Hutto) (GAB) Overruled
Printed Page 2381, May 5

Rule 37
Under provisions of Rule 37, Report of Com. of Conf. (GAB) must lie on Desk one statewide legislative day
(Ryberg) Sustained
Printed Page 2721, May 18

Rule 39
Bill not on desks of members at least one day prior to second reading
(McConnell) Sustained
Printed Page 1186, Mar. 2
Printed Page 2621-2623, May 13

Violations, Constitutional and Statutory
Am. (GAB) out of order - violative of §11-11-440 of the S.C. Code of Laws
(Leatherman) Overruled
Printed Page 1025, Feb. 17

Am. out of order - violative of Article III, Sect. 15 of the S.C. Constitution
(Richardson)
Printed Page 2898, May 20
Pt. of Order out of order - raised too early inasmuch as no ams. were under consideration
(McConnell) Under Advsmt.
Printed Page 2898, May 20


Last updated on Wednesday, June 24, 2009 at 3:42 P.M.