Journal of the Senate
of the First Session of the 118th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 13, 2009
&
Extended Regular Session
October 27 & 28, 2009

POINTS OF ORDER

Amendments
Am. out of order under Rule 24 - not germane
(L. Martin) Pres. Pro Tempore - Overruled
Printed Page 804, Feb. 10
(Davis) Pres. Pro Tempore - Under Advsmt.
Printed Page 1390, Mar. 24
Pres. Pro Tempore - Sustained
Printed Page 1490, Mar. 25
Committee Am. Ruled Out of Order
Printed Page 1490, Mar. 25
(Hutto) Pres. Pro Tempore - Overruled
Printed Page 1489, Mar. 25
(McConnell) (GAB) Act. Pres. - Sustained
Printed Page 1900, Apr. 23
Printed Page 2244, Apr. 29
(McConnell) (GAB) Pt. of Order w/d
Printed Page 2246, Apr. 29
(Leatherman) (GAB) Act. Pres. - Overruled
Printed Page 2278, Apr. 29
(Scott) (GAB) Overruled
Printed Page 2286, Apr. 29
(Coleman) (GAB) Act. Pres. - Overruled
Printed Page 2289, Apr. 29

Provisos in the Gen. Approp. Bill out of order - violative of Rule 24
2.7 of Am. #38 - (Setzler) (GAB) Act. Pres. - Sustained
Printed Page 2178, Apr. 28
23.16 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2240, Apr. 29
37.17 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2239, Apr. 29
Pt. of Order w/d (Mulvaney) (GAB)
Printed Page 2280, Apr. 29
37.17 of Pt. 1B - (Bright) (GAB) Under Advsmt.
Printed Page 2283, Apr. 29
Pt. of Order w/d (Bright)
Printed Page 2290, Apr. 29
39.10 of Pt. 1B - (Bryant) (GAB) Act. Pres. - Sustained
Printed Page 2245, Apr. 29
39.12 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2238, Apr. 29
47.14 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2239, Apr. 29
49A.1, 49A.2, 49A.3, 89.131, 89.132 of Pt. 1B - (Davis) (GAB)
Act. Pres. - Under Advsmt.
Printed Page 2263, Apr. 29
Pres. - Overruled
Printed Page 2268, Apr. 29
80A.29 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2241, Apr. 29
80A.56 through 80A.65 of Pt. 1B - (Davis)
Pres. Pro Tempore - Under Advsmt.
Printed Page 2251, Apr. 29
Pres. Pro Tempore - Overruled
Printed Page 2254, Apr. 29
89.111 of Pt. 1B - (Martin) (GAB) Sustained
Printed Page 1838, Apr. 22

Consideration of Ams. on Reso./Bill ret'd from the Hs. out of order as Reso./Bill had not been printed on the Calendar
(Campsen) Pres. Pro Tempore - Sustained
Printed Page 1530, Mar. 26

Am. out of order - identical to a previous am. on which the Senate had already acted and this am. could not be resubmitted for consideration except under a mot. to reconsider
(Hutto) Under Advsmt.
Printed Page 1757, Apr. 15
Am. subsequently w/d
Printed Page 2327, Apr. 30

Am. out of order - no authority to spend revenue that had not been certified (GAB)
(Mulvaney) Overruled
Printed Page 2270, Apr. 29

Section 81 of GAB out of order - violative of Rule 24B and could only be included in the Senate's concurrence with the House amendments upon the approval of 3/5 of the Senators present and voting
(Mulvaney) Overruled
Printed Page 2576, May 13

Am. was divisible and ea. section should be voted on separately
(Mulvaney) Pres. Pro Tempore - Overruled; Pt. came too late as a roll call had been ordered
Printed Page 2757, May 19

Appropriations Bill, General (GAB) (H. 3560, R49)
Am. out of order under Rule 24 - not germane
(McConnell) (GAB) Act. Pres. - Sustained
Printed Page 1900, Apr. 23
Printed Page 2244, Apr. 29
(McConnell) (GAB) Pt. of Order w/d
Printed Page 2246, Apr. 29
(Leatherman) (GAB) Act. Pres. - Overruled
Printed Page 2278, Apr. 29
(Scott) (GAB) Overruled
Printed Page 2286, Apr. 29
(Coleman) (GAB) Act. Pres. - Overruled
Printed Page 2289, Apr. 29

Provisos in the Gen. Approp. Bill out of order - violative of Rule 24
2.7 of Am. #38 - (Setzler) (GAB) Act. Pres. - Sustained
Printed Page 2178, Apr. 28
23.16 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2240, Apr. 29
37.17 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2239, Apr. 29
Pt. of Order w/d (Mulvaney) (GAB)
Printed Page 2280, Apr. 29
37.17 of Pt. 1B - (Bright) (GAB) Under Advsmt.
Printed Page 2283, Apr. 29
Pt. of Order w/d (Bright)
Printed Page 2290, Apr. 29
39.10 of Pt. 1B - (Bryant) (GAB) Act. Pres. - Sustained
Printed Page 2245, Apr. 29
39.12 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2238, Apr. 29
47.14 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2239, Apr. 29
49A.1, 49A.2, 49A.3, 89.131, 89.132 of Pt. 1B - (Davis) (GAB)
Act. Pres. - Under Advsmt.
Printed Page 2263, Apr. 29
Pres. - Overruled
Printed Page 2268, Apr. 29
80A.29 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2241, Apr. 29
80A.56 through 80A.65 of Pt. 1B - (Davis)
Pres. Pro Tempore - Under Advsmt.
Printed Page 2251, Apr. 29
Pres. Pro Tempore - Overruled
Printed Page 2254, Apr. 29
89.111 of Pt. 1B - (Martin) (GAB) Sustained
Printed Page 1838, Apr. 22

Mot. to reconsider out of order - Rule 15A had been invoked (GAB)
(Jackson) Overruled
Printed Page 2264, Apr. 29

Am. out of order - no authority to spend revenue that had not been certified (GAB)
(Mulvaney) Overruled
Printed Page 2270, Apr. 29

General Appropriations Bill out of order - out of balance as it was dependent on stimulus money
(Rose)
Printed Page 2291, Apr. 29
Pt. of Order out of order - roll call vote had been ordered and Pt. of Order came too late
(Setzler) Sustained
Printed Page 2291, Apr. 29

General Appropriations Bill out of order - out of balance as it was based on inclusion of stimulus money and enforced collections of state tax revenue which had not yet been certified
(Rose)
Printed Page 2575, May 13
Pt. of Order came too late
(Setzler) Setzler Pt. of Order w/d
Printed Page 2575, May 13
Act. Pres. - Overruled Rose Pt. of Order and stated that inasmuch as appropriation of these funds is contingent upon receipt of the funds and does not affect whether or not the budget is in balance
Printed Page 2575, May 13

Section 81 of GAB out of order - violative of Rule 24B and could only be included in the Senate's concurrence with the House amendments upon the approval of 3/5 of the Senators present and voting
(Mulvaney) Overruled
Printed Page 2576, May 13

Bills/Resolutions
Bills/Resolutions had not been on the desks of the members at least one day prior to second reading
(L. Martin)
Printed Page 745, Jan. 29

Reso. was statewide in nature and should be referred to committee
(Ryberg) Sustained
Printed Page 1216, Mar. 10

Bill out of order as it was a revenue-raising measure and, as such, should originate in the House of Representatives
(McConnell) Under Advsmt.
Printed Page 1339, Mar. 17
Pt. of Order w/d
Printed Page 1472, Mar. 25

Consideration of Ams. on Reso./Bill ret'd from the Hs. out of order as Reso./Bill had not been printed on the Calendar
(Campsen) Pres. Pro Tempore - Sustained
Printed Page 1530, Mar. 26

General Appropriations Bill out of order - out of balance as it was dependent on stimulus money
(Rose)
Printed Page 2291, Apr. 29
Pt. of Order out of order - roll call vote had been ordered and Pt. of Order came too late
(Setzler) Sustained
Printed Page 2291, Apr. 29

General Appropriations Bill out of order - out of balance as it was based on inclusion of stimulus money and enforced collections of state tax revenue which had not yet been certified
(Rose)
Printed Page 2575, May 13
Pt. of Order came too late
(Setzler) Setzler Pt. of Order w/d
Printed Page 2575, May 13
Act. Pres. - Overruled Rose Pt. of Order and stated that inasmuch as appropriation of these funds is contingent upon receipt of the funds and does not affect whether or not the budget is in balance
Printed Page 2575, May 13

Mot. to take up Bill for immediate consideration was inaptly put before the body for consideration
(Hutto) Pres. stated that a unan. consent mot. to take up the Bill had been made, no objections were heard and, therefore, the Bill was properly before the Senate for consideration
Printed Page 2902, May 21

Pursuant to Sect. A of H. 4000, the Sine Die Resolution, the Senate should stand adj. at 5:00 p.m. on May 21, 2009, and inasmuch as it was 5:20 p.m., the work of the Senate was in question
(Grooms) Overruled
Printed Page 3025, May 21

Calendar
Consideration of Ams. on Reso./Bill ret'd from the Hs. out of order as Reso./Bill had not been printed on the Calendar
(Campsen) Pres. Pro Tempore - Sustained
Printed Page 1530, Mar. 26

Elections/Jt. Assemblies
Mot. during Jt. Assembly to reject slate of nominees out of order
Rep. Bales - Overruled
Printed Page 2568, May 13

Motions
Mot. to reconsider out of order - Rule 15A had been invoked (GAB)
(Jackson) Overruled
Printed Page 2264, Apr. 29

Am. out of order - identical to a previous am. on which the Senate had already acted and this am. could not be resubmitted for consideration except under a mot. to reconsider
(Hutto) Under Advsmt.
Printed Page 1757, Apr. 15
Am. subsequently w/d
Printed Page 2327, Apr. 30

Mot. to take up Bill for immediate consideration was inaptly put before the body for consideration
(Hutto) Pres. stated that a unan. consent mot. to take up the Bill had been made, no objections were heard and, therefore, the Bill was properly before the Senate for consideration
Printed Page 2902, May 21

When a Senator at the podium makes a mot. which is adopted, that Senator relinquishes the floor
(Setzler) Sustained
Printed Page 2902, May 21

Out of Order
Am. out of order under Rule 24 - not germane
(L. Martin) Pres. Pro Tempore - Overruled
Printed Page 804, Feb. 10
(Davis) Pres. Pro Tempore - Under Advsmt.
Printed Page 1390, Mar. 24
Pres. Pro Tempore - Sustained
Printed Page 1490, Mar. 25
Committee Am. Ruled Out of Order
Printed Page 1490, Mar. 25
(Hutto) Pres. Pro Tempore - Overruled
Printed Page 1489, Mar. 25
(McConnell) (GAB) Act. Pres. - Sustained
Printed Page 1900, Apr. 23
Printed Page 2244, Apr. 29
(McConnell) (GAB) Pt. of Order w/d
Printed Page 2246, Apr. 29
(Leatherman) (GAB) Act. Pres. - Overruled
Printed Page 2278, Apr. 29
(Scott) (GAB) Overruled
Printed Page 2286, Apr. 29
(Coleman) (GAB) Act. Pres. - Overruled
Printed Page 2289, Apr. 29

Provisos in the Gen. Approp. Bill out of order - violative of Rule 24
2.7 of Am. #38 - (Setzler) (GAB) Act. Pres. - Sustained
Printed Page 2178, Apr. 28
23.16 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2240, Apr. 29
37.17 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2239, Apr. 29
Pt. of Order w/d (Mulvaney) (GAB)
Printed Page 2280, Apr. 29
37.17 of Pt. 1B - (Bright) (GAB) Under Advsmt.
Printed Page 2283, Apr. 29
Pt. of Order w/d (Bright)
Printed Page 2290, Apr. 29
39.10 of Pt. 1B - (Bryant) (GAB) Act. Pres. - Sustained
Printed Page 2245, Apr. 29
39.12 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2238, Apr. 29
47.14 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2239, Apr. 29
49A.1, 49A.2, 49A.3, 89.131, 89.132 of Pt. 1B - (Davis) (GAB)
Act. Pres. - Under Advsmt.
Printed Page 2263, Apr. 29
Pres. - Overruled
Printed Page 2268, Apr. 29
80A.29 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2241, Apr. 29
80A.56 through 80A.65 of Pt. 1B - (Davis)
Pres. Pro Tempore - Under Advsmt.
Printed Page 2251, Apr. 29
Pres. Pro Tempore - Overruled
Printed Page 2254, Apr. 29
89.111 of Pt. 1B - (Martin) (GAB) Sustained
Printed Page 1838, Apr. 22

Mot. to reconsider out of order - Rule 15A had been invoked (GAB)
(Jackson) Overruled
Printed Page 2264, Apr. 29

Bill out of order as it was a revenue-raising measure and, as such, should originate in the House of Representatives
(McConnell) Under Advsmt.
Printed Page 1339, Mar. 17
Pt. of Order w/d
Printed Page 1472, Mar. 25

Consideration of Ams. on Reso./Bill ret'd from the Hs. out of order as Reso./Bill had not been printed on the Calendar
(Campsen) Pres. Pro Tempore - Sustained
Printed Page 1530, Mar. 26

Am. out of order - identical to a previous am. on which the Senate had already acted and this am. could not be resubmitted for consideration except under a mot. to reconsider
(Hutto) Under Advsmt.
Printed Page 1757, Apr. 15
Am. subsequently w/d
Printed Page 2327, Apr. 30

Am. out of order - no authority to spend revenue that had not been certified (GAB)
(Mulvaney) Overruled
Printed Page 2270, Apr. 29

General Appropriations Bill out of order - out of balance as it was dependent on stimulus money
(Rose)
Printed Page 2291, Apr. 29
Pt. of Order out of order - roll call vote had been ordered and Pt. of Order came too late
(Setzler) Sustained
Printed Page 2291, Apr. 29

General Appropriations Bill out of order - out of balance as it was based on inclusion of stimulus money and enforced collections of state tax revenue which had not yet been certified
(Rose)
Printed Page 2575, May 13
Pt. of Order came too late
(Setzler) Setzler Pt. of Order w/d
Printed Page 2575, May 13
Act. Pres. - Overruled Rose Pt. of Order and stated that inasmuch as appropriation of these funds is contingent upon receipt of the funds and does not affect whether or not the budget is in balance
Printed Page 2575, May 13

Section 81 of GAB out of order - violative of Rule 24B and could only be included in the Senate's concurrence with the House amendments upon the approval of 3/5 of the Senators present and voting
(Mulvaney) Overruled
Printed Page 2576, May 13

Senator had exceeded the five minute limitation on Expressions of Personal Interest
(Leatherman) Pres. Pro Tempore stated that time remained
Printed Page 2816, May 20

Pursuant to Sect. A of H. 4000, the Sine Die Resolution, the Senate should stand adj. at 5:00 p.m. on May 21, 2009, and inasmuch as it was 5:20 p.m., the work of the Senate was in question
(Grooms) Overruled
Printed Page 3025, May 21

Rules
Rule 15A
Mot. to reconsider out of order - Rule 15A had been invoked (GAB)
(Jackson) Overruled
Printed Page 2264, Apr. 29

Rule 24
Am. out of order under Rule 24 - not germane
(L. Martin) Pres. Pro Tempore - Overruled
Printed Page 804, Feb. 10
(Davis) Pres. Pro Tempore - Under Advsmt.
Printed Page 1390, Mar. 24
Pres. Pro Tempore - Sustained
Printed Page 1490, Mar. 25
Committee Am. Ruled Out of Order
Printed Page 1490, Mar. 25
(Hutto) Pres. Pro Tempore - Overruled
Printed Page 1489, Mar. 25
(McConnell) (GAB) Act. Pres. - Sustained
Printed Page 1900, Apr. 23
Printed Page 2244, Apr. 29
(McConnell) (GAB) Pt. of Order w/d
Printed Page 2246, Apr. 29
(Leatherman) (GAB) Act. Pres. - Overruled
Printed Page 2278, Apr. 29
(Scott) (GAB) Overruled
Printed Page 2286, Apr. 29
(Coleman) (GAB) Act. Pres. - Overruled
Printed Page 2289, Apr. 29

Provisos in the Gen. Approp. Bill out of order - violative of Rule 24
2.7 of Am. #38 - (Setzler) (GAB) Act. Pres. - Sustained
Printed Page 2178, Apr. 28
23.16 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2240, Apr. 29
37.17 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2239, Apr. 29
Pt. of Order w/d (Mulvaney) (GAB)
Printed Page 2280, Apr. 29
37.17 of Pt. 1B - (Bright) (GAB) Under Advsmt.
Printed Page 2283, Apr. 29
Pt. of Order w/d (Bright)
Printed Page 2290, Apr. 29
39.10 of Pt. 1B - (Bryant) (GAB) Act. Pres. - Sustained
Printed Page 2245, Apr. 29
39.12 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2238, Apr. 29
47.14 of Pt. 1B - (Mulvaney) (GAB) Overruled
Printed Page 2239, Apr. 29
49A.1, 49A.2, 49A.3, 89.131, 89.132 of Pt. 1B - (Davis) (GAB)
Act. Pres. - Under Advsmt.
Printed Page 2263, Apr. 29
Pres. - Overruled
Printed Page 2268, Apr. 29
80A.29 of Pt. 1B - (Mulvaney) (GAB) Sustained
Printed Page 2241, Apr. 29
80A.56 through 80A.65 of Pt. 1B - (Davis)
Pres. Pro Tempore - Under Advsmt.
Printed Page 2251, Apr. 29
Pres. Pro Tempore - Overruled
Printed Page 2254, Apr. 29
89.111 of Pt. 1B - (Martin) (GAB) Sustained
Printed Page 1838, Apr. 22

Section 81 of GAB out of order - violative of Rule 24B and could only be included in the Senate's concurrence with the House amendments upon the approval of 3/5 of the Senators present and voting
(Mulvaney) Overruled
Printed Page 2576, May 13

Rule 33B
A two-thirds vote was required to make the Reso. a Sp. Order
(Ryberg) Sustained
Printed Page 1231, Mar. 10

Rule 39
Bills/Resolutions had not been on the desks of the members at least one day prior to second reading
(L. Martin)
Printed Page 745, Jan. 29

Special Orders
A two-thirds vote was required to make the Reso. a Sp. Order
(Ryberg) Sustained
Printed Page 1231, Mar. 10

Voting
A two-thirds vote was required to make the Reso. a Sp. Order
(Ryberg) Sustained
Printed Page 1231, Mar. 10

General Appropriations Bill out of order - out of balance as it was dependent on stimulus money
(Rose)
Printed Page 2291, Apr. 29
Pt. of Order out of order - roll call vote had been ordered and Pt. of Order came too late
(Setzler) Sustained
Printed Page 2291, Apr. 29

Section 81 of GAB out of order - violative of Rule 24B and could only be included in the Senate's concurrence with the House amendments upon the approval of 3/5 of the Senators present and voting
(Mulvaney) Overruled
Printed Page 2576, May 13

Am. was divisible and ea. section should be voted on separately
(Mulvaney) Pres. Pro Tempore - Overruled; Pt. came too late as a roll call had been ordered
Printed Page 2757, May 19


Last Updated: Wednesday, January 13, 2010 at 9:43 A.M.