Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996
POINTS OF ORDER
APPROPRIATION BILL, GENERAL (GAB)
Germane
Am. out of order -- not germane to the Bill
Pt. II, Sect. 65, of GAB out of order - not germane to the Bill
Motions
Out of Order
Mot. to take up (GAB) Am. out of order - Am. had been carried over and instant Am. already
published
Statutory
Article 5 of the Bill (GAB) out of order - this Article establishes authorization for revenue bonds
to be issued and pledges the revenue of a tax for the service of the debt and, therefore, is in
violation of Section 13 of Article X of the S.C. Constitution
Am. out of order - violative of §11-11-440
Am. out of order - violative of §6-27-50
GERMANENESS
Am. out of order -- not germane to the Bill
Pt. II, Sect. 65, of GAB out of order - not germane to the Bill
MOTIONS
Only one mot. can be made at one time
Motion to Adjourn
Mot. to adj. out of order - roll call vote had been ordered
Motion to Carry Over
Mot. to carry over out of order - mot. to adj. deb. higher mot.
Motion to Commit
Motion to Continue
Mot. to table out of order - mot. to continue was a higher mot.
Motion to Reconsider
Mot. to reconsider out of order - another Senator had floor (GAB)
Under the provisions of a mot. adopted on 3/20/96, the mot. to reconsider the mot. whereby
S.1142 was made a Sp. Order was the pending question.
(McCONNELL) Overruled and stated that the mot. made and
adopted on 3/20/96 waived the time limit provisions of Rule 12 for the purpose of making a mot.
to reconsider; however, the mot. was not made and could now only be made w/ u.c. inasmuch as
another Senator had the floor
Motion to Set for Special Order
Under the provisions of a mot. adopted on 3/20/96, the mot. to reconsider the mot. whereby
S.1142 was made a Sp. Order was the pending question.
(McCONNELL) Overruled and stated that the mot. made and
adopted on 3/20/96 waived the time limit provisions of Rule 12 for the purpose of making a mot.
to reconsider; however, the mot. was not made and could now only be made w/ u.c. inasmuch as
another Senator had the floor
Motion to Table
Motion to Withdraw
Once a mot. has been made, u.c. is required in order to withdraw the mot.
OUT OF ORDER
Am. out of order - Am. to the third degree
Mot. to take up (GAB) Am. out of order - Am. had been carried over and instant Am. already
published
Mot. to take up the Sen. Resolution out of order - not included in the provisions of H.5041, the
Sine Die Resolution
REMARKS
Senator's remarks were tedious and superfluous
RULES
Rule 14
Mot. to invite the House of Representatives to ratify acts was made by an authorized member of
the Chairmen's Committee and did not need u.c.
(FAIR) Overruled and stated that under Rule 14, the mot. to
ratify would req. u.c. unless the mot. was made by the President Pro Tempore or a member of the
Chairmen's Committee authorized by the President Pro Tempore
Rule 19
Selection of committees out of order - Rule 19 called for the selection process after the election
of Senators and only one new Senator had been elected
Rule 33
Mot. to recur to the Morning Hour under Rule 33 out of order - mot. should be made either prior
to, or at the completion of, a specific category and cannot be made while in the Mot. Per.
Rule 34B
Mot. to make the Bill/Joint Resolution a Sp. Order out of order - not on Calendar for a minimum
of six statewide legislative days
(McCONNELL) Sustained
(PASSAILAIGUE) Sustained and stated that the seventh day that
a Bill is on the Calendar is the first day on which a mot. for Sp. Order is in order
(PATTERSON) Sustained
(BRYAN) Sustained
Mot. to make the Bill a Sp. Order out of order - only slot remaining in the category of Sp. Order
was that slot reserved for the Chairmen's Committee.
Rule 38
Bill not on desks of the members at least one day prior to second reading
Mot. to take up Reports of Committees of Conference out of order under the provisions of Rule
38 - reports should lie on the table one day for consideration
(BRYAN) Overruled and stated that the provisions of H.5041,
the Sine Die Resolution, which provide for the "receipt, consideration, and disposition of
conference or free conference reports," superseded the provisions of Rule 38
SUPERFLUOUS
Senator's remarks were tedious and superfluous
STATUTORY/CONSTITUTIONAL VIOLATIONS
Article 5 of the Bill (GAB) out of order - this Article establishes authorization for revenue bonds
to be issued and pledges the revenue of a tax for the service of the debt and, therefore, is in
violation of Section 13 of Article X of the S.C. Constitution
Am. out of order - violative of §11-11-440
Am. out of order - violative of §6-27-50
UNANIMOUS CONSENT
Once a mot. has been made, u.c. is required in order to withdraw the mot.
H. 5041, Sine Die Resolution, not before body inasmuch as u.c would be required to take it up
for immed. consid.
(RYBERG)
RYBERG Pt. of Order out of order as mot. by Sen. SETZLER
interrupted consid. of the Resolution, with Sen. MOORE retaining the floor pending disposition
of H.4443, and, further, that when consid. of H.4443 was completed, the Senate would resume
consid. of H.5041, and, therefore, under the terms of Senator SETZLER's mot., the Senate had
already agreed to consideration of H.5041 (McCONNELL)
RYBERG Pt. of Order Overruled
Mot. to invite the House of Representatives to ratify acts was made by an authorized member of
the Chairmen's Committee and did not need u.c.
(FAIR) Overruled and stated that under Rule 14, the mot. to
ratify would req. u.c. unless the mot. was made by the President Pro Tempore or a member of the
Chairmen's Committee authorized by the President Pro Tempore
VOTE
Request for a roll call vote out of order - roll call vote had been
requested and the ACT. PRES. stated that five members had not seconded the call
(LAND) ACT. PRES. stated that five members had not seconded the call
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Monday, June 29, 2009 at 2:05 P.M.