Journal of the Senate
of the First Session of the 113th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 12, 1999 &
Extra Session Beginning Tuesday, June 29, 1999

POINTS OF ORDER

Appropriation Bill, General (H. 3696, R.200)
Proviso 24A as it applies to Sect. 51, Pt. II of the GAB out of order - under Rule 24A, am. did not "relate to the raising/spending of revenue for or in the fiscal year for which the Bill applies"
(Setzler) Overruled
Printed Page 1497, Apr. 21

Sect. 69 of Pt. II of the GAB out of order - not germane
(Land) Pt. of Order w/d
Printed Page 1578, Apr. 22
Pt. Renewed (Land) Under Advsmt.
Printed Page 1578, Apr. 22
(Overruled)
Printed Page 1648, Apr. 22

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Ravenel) Sustained
Printed Page 1614, Apr. 22

Am. (GAB) out of order - not germane
(McConnell) Act. Pres. - Under Advsmt.
Printed Page 1645, Apr. 22
Pt. of Order w/d
Printed Page 1646, Apr. 22
(Branton) Sustained
Printed Page 1691, Apr. 22

Motions
Motion to Adjourn
Mot. to adj. was a nondebatable motion
(Leatherman) No Ruling
Printed Page 1368, Apr. 14

Mot. to adj. had been raised prior to the Pt. of Quorum being raised and should have had precedence
(Ravenel) No Ruling
Printed Page 2531, May 19
Pt. of Order by Sen. Ravenel out of order -- raised too late as intervening business had occurred
(Moore) Sustained
Printed Page 2531, May 19

Motion Period
Mot. Per. not the proper Order of Business at present time
(Fair) Overruled and stated that a Senator had objected to a Call of the Uncontested Calendar and the Senate was properly in the Mot. Per.
Printed Page 1298, Apr. 13

Order of Business
Mot. Per. not the proper Order of Business at present time
(Fair) Overruled and stated that a Senator had objected to a Call of the Uncontested Calendar and the Senate was properly in the Mot. Per.
Printed Page 1298, Apr. 13

Out of Order
Under the provisions of Rule 39, Resolution was not subject to consideration and the Senator was out of order in speaking on the Resolution
(Passailaigue) Overruled
Printed Page 263, Jan. 21

Am. out of order under Rule 24 - not germane
(Passailaigue) Sustained
Printed Page 420, Jan. 27
Printed Page 426, Jan. 27
Printed Page 429, Jan. 27
Printed Page 434, Jan. 27
(McConnell) Sustained
Printed Page 422, Jan. 27
(Passailaigue) Overruled
Printed Page 427, Jan. 27
(Passailaigue) Pt. of Order withdrawn
Printed Page 430, Jan. 27
(McConnell) (GAB) Act. Pres. - Under Advsmt.
Printed Page 1645, Apr. 22
Pt. of Order w/d
Printed Page 1646, Apr. 22
(Branton) (GAB) Sustained
Printed Page 1691, Apr. 22
(Martin) Sustained
Printed Page 3286, June 2

Am. out of order - violative of Art. XVI, Sect. 2, S.C. Constitution
(McConnell) Sustained
Printed Page 427, Jan. 27
(Passailaigue) Sustained
Printed Page 429, Jan. 27
(Passailaigue) Pt. of Order withdrawn
Printed Page 430, Jan. 27

Bill out of order - no quorum was present at the committee meeting
(Thomas) Overruled
Printed Page 1108, Mar. 25

Speaker was reading from papers brought to the podium in violation of Jefferson's Manual which, without leave of the body, only allows the speaker to use written material for reference purposes while at the podium.
(McConnell) Sustained
Printed Page 1422, Apr. 15

Sect. 69 of Pt. II of the GAB out of order - not germane
(Land) Pt. of Order w/d
Printed Page 1578, Apr. 22
Pt. Renewed (Land) Under Advsmt.
Printed Page 1578, Apr. 22
(Overruled)
Printed Page 1648, Apr. 22

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Ravenel) Sustained
Printed Page 1614, Apr. 22

Am. out of order - to the third degree
(Hayes) Sustained
Printed Page 2139, May 4
(McConnell) Sustained
Printed Page 2143, May 4

Am. out of order - notice had not been given on second reading and unan. consent required to take up am. for consideration
(Passailaigue) Act. Pres. - roll call ordered, the outcome of which would not preclude raising the Pt. of Order at a later time
Printed Page 2924, May 27

Remarks
Senator's remarks out of order - not germane to the amendment
(McConnell) Overruled
Printed Page 1880, Apr. 28

Rules
Rule 5
Member may not be recognized and assume the podium until the Senator speaking has relinquished the floor
(Moore) Sustained
Printed Page 1422, Apr. 15

Rule 19
Inasmuch as a meeting of the Banking/Insurance Committee was called at a time and date other than that prescribed in the rule, any legislation resulting from that meeting is out of order and not properly before the Senate
(Thomas) Overruled
Printed Page 1108, Mar. 25

Rule 24
Am. out of order under Rule 24 - not germane
(Passailaigue) Sustained
Printed Page 420, Jan. 27
Printed Page 426, Jan. 27
Printed Page 429, Jan. 27
Printed Page 434, Jan. 27
(McConnell) Sustained
Printed Page 422, Jan. 27
(Passailaigue) Overruled
Printed Page 427, Jan. 27
(Passailaigue) Pt. of Order withdrawn
Printed Page 430, Jan. 27
(McConnell) (GAB) Act. Pres. - Under Advsmt.
Printed Page 1645, Apr. 22
Pt. of Order w/d
Printed Page 1646, Apr. 22
(Branton) (GAB) Sustained
Printed Page 1691, Apr. 22
(Martin) Sustained
Printed Page 3286, June 2

Proviso 24A as it applies to Sect. 51, Pt. II of the GAB out of order -- under Rule 24A, am. did not "relate to the raising/spending of revenue for or in the fiscal year for which the Bill applies"
(Setzler) Overruled
Printed Page 1497, Apr. 21

Sect. 69 of Pt. II of the GAB out of order - not germane
(Land) Pt. of Order w/d
Printed Page 1578, Apr. 22
Pt. Renewed (Land) Under Advsmt.
Printed Page 1578, Apr. 22
(Overruled)
Printed Page 1648, Apr. 22

Rule 25
Bill did not meet requirements necessary to certify the Bill as a Committee Bill
(Thomas) Overruled and stated under the provisions of Rule 25, the proper certificate was attached to the Bill
Printed Page 1108, Mar. 25

Rule 32
Mot. to vary order of the day would require unan. consent
(Thomas) Overruled and stated that the motion was proper under the provisions of Rule 32
Printed Page 1131, Mar. 25

Rule 33B
Mot. to make Bill a Sp. Order out of order under Rule 33B inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days
(McConnell) Sustained
Printed Page 1800, Apr. 27

Rule 39
Under the provisions of Rule 39, Resolution was not subject to consideration and the Senator was out of order in speaking on the Resolution
(Passailaigue) Overruled
Printed Page 263, Jan. 21

Constitutional and Statutory Violations
Am. out of order - violative of Art. XVI, Sect. 2, S.C. Constitution
(McConnell) Sustained
Printed Page 427, Jan. 27
(Passailaigue) Sustained
Printed Page 429, Jan. 27
(Passailaigue) Pt. of Order withdrawn
Printed Page 430, Jan. 27

Bill out of order - violative of Sect. 5, Art. X and Sect. 8, Art. 1, S.C. Constitution
(Passailaigue) Act. Pres. - Overruled
Printed Page 836, Mar. 9

Bill out of order - violative of Sect. 15, Art. III, S.C. Constitution
(Passailaigue) Under Advsmt.
Printed Page 841, Mar. 9
Pt. later w/d
Printed Page 868, Mar. 10

Sections 15, 19, 20 of a Bill out of order - violative of Sect. 15, Art. III, S.C. Constitution
(Russell) Sustained
Printed Page 919, Mar. 11
Ruling Appealed and Not Upheld
Printed Page 920, Mar. 11
Point of Order Overruled
Printed Page 920, Mar. 11

Am. (GAB) out of order - violative of §11-11-440 of the S.C. Code of Laws
(Ravenel) Sustained
Printed Page 1614, Apr. 22


Last Updated: Friday, June 26, 2009 at 9:45 A.M.