Journal of the Senate
of the First Session of the 115th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 7, 2003

POINTS OF ORDER

Amendments (General) (See also POINTS OF ORDER, Appropriation Bill, Gen. re Pts. of Order raised re GAB Ams., provisos, sects., etc.)

Am. out of order - not germane to the Bill
(Leatherman) Sustained - Am. #P2-2A to H.3598 ruled out of order
Printed Page 3005, May 22
(Leventis) Overruled - Am. #8 to H. 3598 tabled
Printed Page 3017, May 22

Am. out of order -- revenue-raising measure drawn to a Senate Bill and violated Article III, Section 15 of the S. C. Constitution
(McConnell) (Am. to S. 28)
Printed Page 3117, May 28
Pt. of Order by Sen. McConnell was out of order -- came too late inasmuch as action had previously been taken on the am.
(Moore) Overruled
Printed Page 3117, May 28
Pt. of Order by Sen. McConnell Sustained
Printed Page 3118, May 28
Decision of Pres. appealed (Moore)
Printed Page 3118, May 28
Appeal was not overridden (18-25); Am. #1 ruled out of order
Printed Page 3119, May 28

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

Appropriation Bill, General (H. 3749, R. 127)
Provisos in the Senate Finance Committee Report (GAB) were out of order -- violative of Rule 24A
Proviso 5A.27
(Hutto) Sustained - Prov. 5A.27 ruled out of order
Printed Page 2609, May 14
Proviso 5A.30
(Hutto) Sustained - Prov. 5A.27 ruled out of order
Printed Page 2609, May 14
Proviso 9.49
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2635, May 14
Decision of the Pres. - Overruled
Printed Page 2645, May 14
Proviso 9.50
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2635, May 14
Decision of the Pres. - Overruled
Printed Page 2645, May 14
Proviso 21.6
(Hutto) Sustained - Prov. 21.6 ruled out of order
Printed Page 2610, May 14
Proviso 24.17
(McConnell) Sustained - Prov. 24.17 ruled out of order
Printed Page 2610, May 14
Proviso 24.18
(McConnell) Overruled
Printed Page 2611, May 14
Proviso 24.18
(Hutto) Act. Pres. - Overruled
Printed Page 2641, May 14
Proviso 26.7
(McConnell) Sustained - Prov. 26.7 ruled out of order
Printed Page 2611, May 14
Proviso 26.7
(Moore) Sustained - Prov. 26.7 ruled out of order
Printed Page 2812, May 20
Proviso 32.8
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2637, May 14
Decision of the Pres. - Sustained - Prov. 32.8 ruled out of order
Printed Page 2647, May 14
Proviso 36.28
(Hawkins) Overruled
Printed Page 2692, May 15
Proviso 39.18
(Moore) Overruled
Printed Page 2697, May 15
Proviso 43.5
(Moore) Sustained - Prov. 43.5 ruled out of order
Printed Page 2698, May 15
Proviso 49.5
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2641, May 14
Decision of the Pres. - Sustained - Prov. 49.5 ruled out of order
Printed Page 2651, May 14
Proviso 50.12
(Moore) Overruled
Printed Page 2699, May 15
Proviso 50.13
(Moore) Overruled
Printed Page 2699, May 15
Proviso 50.14
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2642, May 14
Decision of the Pres. - Sustained - Prov. 50.14 ruled out of order
Printed Page 2651, May 14
Proviso 60.9
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2635, May 14
Decision of the Pres. - Overruled
Printed Page 2644, May 14
Proviso 64.18
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2640, May 14
Decision of the Pres. - Overruled
Printed Page 2650, May 14
Proviso 69A.2
(Hutto) Sustained - Prov. 69A.2 ruled out of order
Printed Page 2251, May 6
Proviso 69A.2
(Hutto) Sustained - Prov. 69A.2 ruled out of order
Printed Page 2612, May 14
Proviso 73.2
(Hutto) Sustained - Prov. 73.2 ruled out of order
Printed Page 2265, May 6
Proviso 73.3
(Hutto) Under Advsmt.
Printed Page 2268, May 6
Decision of the Pres. - Overruled
Printed Page 2455, May 13
Decision of the Pres. appealed and later w/d
Printed Page 2457, May 13
Proviso 73.4
(Martin) Sustained - Prov. 73.4 ruled out of order
Printed Page 2251, May 6
Proviso 73.5
(Martin) Sustained - Prov. 73.5 ruled out of order
Printed Page 2251, May 6
Proviso 73.6
(Martin) Sustained - Prov. 73.6 ruled out of order
Printed Page 2252, May 6

Provisos in the Senate Finance Committee Report (GAB) were out of order as they were violative of Rule 24A and the items were included in H. 3738 and should not be included as provisos in H. 3749 (GAB)
Proviso 8.38
(Short) Overruled
Printed Page 2445, May 13
Proviso 8.39
(Short) Overruled
Printed Page 2445, May 13
Proviso 8.40
(Short) Overruled
Printed Page 2446, May 13
Proviso 8.40 of the Report of the Committee of Conference was ruled out of order
Printed Page 2446, May 13
Proviso 8.42
(Short) Overruled
Printed Page 2446, May 13
Proviso 13.27
(Short) Sustained - Prov. 13.27 ruled out of order
Printed Page 2447, May 13
Proviso 13.28
(Short) Sustained - Prov. 13.28 ruled out of order
Printed Page 2448, May 13
Proviso 13.29
(Short) Sustained - Prov. 13.29 ruled out of order
Printed Page 2449, May 13
Proviso 24.20
(Hawkins) Pres. Pro Tempore - Overruled and stated the Pt. of Order came too late inasmuch as it should have been raised at the time Am. #195 to the SFC report was taken up for consideration on 5/14/03
Printed Page 2810, May 20

Proviso 35.11 in the Conference Committee Report was violative of Rule 24
(Hutto) Act. Pres. - Sustained - Prov. 35.11 ruled out of order
Printed Page 2496, May 14

Provisos in the House passed version of GAB were out of order -- violative of Rule 24
Proviso 1.73
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2636, May 14
Decision of the Pres. - Overruled
Printed Page 2646, May 14
Proviso 5A.27
(McConnell) Sustained - Prov. 5A.27 ruled out of order
Printed Page 2784, May 20
Proviso 8.17
(Short) Under Advsmt.
Printed Page 2717, May 15
Decision of the Pres. - Overruled
Printed Page 2784, May 20
Proviso 13.27
(Short) Under Advsmt.
Printed Page 2713, May 15
Decision of the Pres. - Sustained - Prov. 13.27 ruled out of order
Printed Page 2781, May 20
Proviso 13.28
(Short) Under Advsmt.
Printed Page 2713, May 15
Decision of the Pres. - Sustained - Prov. 13.28 ruled out of order
Printed Page 2783, May 20
Proviso 22.11
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2640, May 14
Decision of the Pres. - Overruled
Printed Page 2650, May 14
Proviso 36.25
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2638, May 14
Decision of the Pres. - Overruled
Printed Page 2648, May 14
Proviso 36.27
(Hutto) Sustained - Prov. 36.27 ruled out of order
Printed Page 2613, May 14
Proviso 37.28
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2638, May 14
Decision of the Pres. - Overruled
Printed Page 2648, May 14
Proviso 43.4
(Moore) Overruled
Printed Page 2698, May 15
Proviso 49.4
(Moore) Overruled
Printed Page 2699, May 15
Proviso 56DD.35
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2639, May 14
Decision of the Pres. - Sustained - Prov. 56DD.35 ruled out of order
Printed Page 2648, May 14
Proviso 56DD.37
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2639, May 14
Decision of the Pres. - Sustained - Prov. 56DD.37 ruled out of order
Printed Page 2649, May 14
Proviso 57.1
(McConnell) Sustained - Prov. 57.1 ruled out of order
Printed Page 2784, May 20
Proviso 58.4
(Moore) Sustained - Prov. 58.4 ruled out of order
Printed Page 2700, May 15
Proviso 62.12
(Moore) Overruled
Printed Page 2701, May 15
Proviso 64.11
(Hutto) Act. Pres. - Under Advsmt.
Printed Page 2640, May 14
Decision of the Pres. - Overruled
Printed Page 2649, May 14
Proviso 73.2
(Leventis) Sustained - Prov. 73.2 ruled out of order
Printed Page 2692, May 15

Proviso 73.3 was violative of Rule 24 in that it amends or suspends S.C. Code Sections 14-1-202(a), 11-7-25, 17-25-100, 22-3-800 and 14-25-75
(Hawkins) Act. Pres. - Under Advsmt.
Printed Page 2751, May 19
Decision by the Pres. Pro Tempore- Sustained - Prov. 73.3 ruled out of order
Printed Page 2806, May 20

Am. #1 (GAB) out of order -- pending question should be the adoption of the first divided item of the SFC Report and this am. did not pertain to that item
(Moore) No ruling
Printed Page 2269, May 6

Senators should be addressed by their title and respective county and not their given names
(Moore) Under advsmt.; but PRES. admonished Senators to observe the customs of the Senate
Printed Page 2322, May 8

Under Rule 13 an Expression of Personal Interest was limited to five minutes
(Moore) Act. Pres. - Sustained
Printed Page 2344, May 8

Request for a roll call vote came too late as the vote had already been announced (GAB)
(Hawkins) Overruled
Printed Page 2450, May 13

Am. to GAB out of order under Rule 18 -- incorrectly drawn and should be divided into separate ams.
(Moore) No ruling
Printed Page 2454, May 13

President must be invited to return to Chamber before Senate could proceed (GAB)
(McConnell)
Printed Page 2458, May 13

Proviso 36.27 (GAB) was out of order -- violative of Rule 24
(Hutto) Act. Pres. - Overruled and stated the proviso was not included in the SFC Report
Printed Page 2497, May 14

Proviso 39.16 of the SFC Report (GAB) was out of order under Rules 24A and 24B -- not germane to the Bill
(Pinckney) Sustained - Prov. 39.16 ruled out of order
Printed Page 2460, May 13

Am. to GAB out of order - violative of Rule 24A
(McConnell) Sustained - Am. #66D ruled out of order
Printed Page 2474, May 13
(Martin) Sustained - Am. #206A ruled out of order
Printed Page 2608, May 14
(McConnell) Sustained - Am. #201 ruled out of order
Printed Page 2618, May 14
(Moore) Sustained - Am. #37 ruled out of order
Printed Page 2644, May 14
(Setzler) Sustained - Am. #142 ruled out of order
Printed Page 2465, May 13
(Moore) Sustained - Am. #47A ruled out of order
Printed Page 2712, May 15
(Moore) Sustained - Am. #246 ruled out of order
Printed Page 2791, May 20
(Hutto) No ruling, Am. #276 tabled
Printed Page 2793, May 20
(Moore) Pres. Pro Tempore - Sustained - Am. #251 ruled out of order
Printed Page 2808, May 20
(Leatherman) Pres. Pro Tempore - Sustained - Am. #289 ruled out of order
Printed Page 2827, May 20
(Leatherman) Pres. Pro Tempore - Sustained - Am. #277 ruled out of order
Printed Page 2828, May 20
(Rankin) Pres. Pro Tempore - Sustained - Am. #286 ruled out of order
Printed Page 2829, May 20
(Ritchie) Overruled; Am. #367A adopted
Printed Page 2846, May 20
(Leatherman) Pres. Pro Tempore - Sustained - Am. #393 ruled out of order
Printed Page 2866, May 20
(Leatherman) Pres. Pro Tempore - Sustained - Am. #398 ruled out of order
Printed Page 2868, May 20
(Knotts) Sustained - Am. #404 ruled out of order
Printed Page 2875, May 20
(Leatherman) Pt. of Order w/d on Am. #405
Printed Page 2876, May 20

Sense of the Senate motion (GAB) required unanimous consent
(Thomas) No ruling
Printed Page 2612, May 14

Sects. of the am. out of order -- violative of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended
(McConnell) Act. Pres. - Sustained - Sect. 4 ruled out of order
Printed Page 2633, May 14
(McConnell) Act. Pres. - Under Advsmt. re Sects. 6, 7, 8, 9, 10 and 11 of the am.
Printed Page 2633, May 14
Pts. of Order raised by Sen. McConnell under Sect. 11-11-440 out of order as Pts. of Order should be based on Rules of the Senate and not specific provisions of the Code of Laws
(Hutto) Act. Pres. - Overruled Hutto Pt. of Order
Printed Page 2633, May 14

Proviso 23.2 of the SFC Report (GAB) and the House passed version was out of order -- violative of Rule 24
(Land) Sustained - Prov. 23.2 ruled out of order
Printed Page 2697, May 15

Am. to GAB was not divisible under Rule 18
(Setzler) Act. Pres. stated the Pt. of Order came too late
Printed Page 2720, May 15

Pt. A of Am. to GAB out of order -- violative of Rule 24
(Leatherman) Sustained - Pt. A ruled out of order
Printed Page 2721, May 15
Decision of Pres. appealed (Richardson)
Printed Page 2721, May 15
Decision was not overridden (17-25)
Printed Page 2721, May 15

Pt. A of Am. to GAB out of order -- violative of Section 11-11-440 of the S.C. Code of Laws
(Leatherman) No ruling
Printed Page 2721, May 15

Am. (GAB) out of order -- violative of Rule 24 and Section 46-13-45
(Land) Pres. Pro Tempore - Sustained - Am. #350 ruled out of order
Printed Page 2809, May 20

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Knotts) Sustained - Am. #405 ruled out of order
Printed Page 2877, May 20

Am. (GAB) out of order - purports to change the base student cost
(Hutto) Overruled
Printed Page 2878, May 20

Am. (GAB) out of order - violative of Rule 24 in that it amends or suspends Section 59-32-60 of the S.C. Code of Laws
(Leatherman) (Am. #408) Overruled
Printed Page 2880, May 20

Report of the Committee of Conference (GAB) had not been on the Desk for one statewide legislative day
(Leventis) Act. Pres. - Sustained
Printed Page 3189, May 29
Pt. of Order w/d (Leventis)
Printed Page 3196, May 29

Report of Committee of Conference (GAB) out of order -- language contained in the report differed from the versions passed by either the House or Senate and could only be included in a Free Conference Report
(Moore) Sustained - Conf. Rept. ruled out of order
Printed Page 3196, May 29

Proviso 73.3 as contained in the Report of the Committee of Conference (GAB) out of order -- language contained in the report differed from the versions passed by either the House or Senate and should be included in a Free Conference Report
(Hawkins) Overruled
Printed Page 3197, May 29

Out of Order
Senator out of order inasmuch as the Senator was not speaking directly to the amendment
(Richardson) Speaker advised to address remarks to the amendment
Printed Page 2056, Apr. 30

Reapportionment
Under Rule 39, Bill (S. 591) had not been on the desks of the members at least one day prior to second reading
(Jackson) Sustained
Printed Page 1957, Apr. 29
(Jackson) Overruled
Printed Page 2055, Apr. 30

Senator out of order inasmuch as the Senator was not speaking directly to the amendment
(Richardson) Speaker advised to address remarks to the amendment
Printed Page 2056, Apr. 30

Remarks
Senator out of order inasmuch as the Senator was not speaking directly to the amendment
(Richardson) Speaker advised to address remarks to the amendment
Printed Page 2056, Apr. 30

Senators should be addressed by their title and respective county and not their given names
(Moore) (GAB) Under advsmt.; but PRES. admonished Senators to observe the customs of the Senate
Printed Page 2322, May 8

Revenue-Raising Measures
Am. out of order -- revenue-raising measure drawn to a Senate Bill and violated Article III, Section 15 of the S. C. Constitution
(McConnell) (Am. to S. 28)
Printed Page 3117, May 28
Pt. of Order raised by Sen. McConnell was out of order -- came too late inasmuch as action had previously been taken on the am.
(Moore) Overruled
Printed Page 3117, May 28
Pt. of Order raised by Sen. McConnell Sustained
Printed Page 3118, May 28
Decision of Pres. appealed (Moore)
Printed Page 3118, May 28
Appeal was not overridden (18-25); Am. #1 ruled out of order
Printed Page 3119, May 28

Rules
Rule 6
Senators should be addressed by their title and respective county and not their given names
(Moore) (GAB) Under advsmt.; but PRES. admonished Senators to observe the customs of the Senate
Printed Page 2322, May 8

Rule 13
Under Rule 13 an Expression of Personal Interest was limited to five minutes
(Moore) Act. Pres. - Sustained
Printed Page 2344, May 8

Rule 18
Am. to GAB out of order under Rule 18 -- incorrectly drawn and should be divided into separate ams.
(Moore) No ruling
Printed Page 2454, May 13

Am. to GAB was not divisible under Rule 18
(Setzler) Act. Pres. stated the Pt. of Order came too late
Printed Page 2720, May 15

Rule 24 (See also POINTS OF ORDER, Appropriation Bill, Gen. re Pts. of Order raised re GAB Ams., provisos, sects., etc.)
Am. out of order under Rule 24 - not germane
(Leatherman) Sustained - Am. P2-2A to H. 3598 ruled out of order
Printed Page 3005, May 22
(Leventis) Overruled; Am. #8 to H. 3598 tabled
Printed Page 3017, May 22

Am. out of order - violative of Rule 24 and Section 46-13-45
(Land) Pres. Pro Tempore - Sustained - Am. #350 (GAB) ruled out of order
Printed Page 2809, May 20

Rule 37
Report of the Committee of Conference (GAB) had not been on the Desk for one statewide legislative day
(Leventis) Act. Pres. - Sustained
Printed Page 3189, May 29
Pt. of Order w/d (Leventis)
Printed Page 3196, May 29

Report of Committee of Conference (GAB) out of order -- language contained in the report differed from the versions passed by either the House or Senate and could only be included in a Free Conference Report
(Moore) Sustained - Conf. Rept. ruled out of order
Printed Page 3196, May 29

Proviso 73.3 as contained in the Report of the Committee of Conference (GAB) out of order -- language contained in the report differed from the versions passed by either the House or Senate and should be included in a Free Conference Report
(Hawkins) Overruled
Printed Page 3197, May 29

Rule 39
Bill had not been on the desks of the members at least one day prior to second reading
(McConnell) Sustained
Printed Page 168, Jan. 16
Printed Page 451, Jan. 23
(Jackson) Sustained
Printed Page 1957, Apr. 29
(Jackson) Overruled
Printed Page 2055, Apr. 30

Vetoes
Acting on a veto of the governor on a local matter would require a two-thirds vote of the entire membership of the Senate as opposed to a vote by the members of the affected delegation
(Leventis) (No ruling)
Printed Page 764, Feb. 26

Violations, Constitutional and Statutory
Sects. of the am. (GAB) out of order -- violative of Section 11-11-440 of the S.C. Code of Laws, 1976, as amended
(McConnell) Act. Pres. - Sustained - Sect. 4 ruled out of order
Printed Page 2633, May 14
(McConnell) Act. Pres. - Under Advsmt. re Sects. 6, 7, 8, 9, 10 and 11 of the am.
Printed Page 2633, May 14
Pts. of Order raised by Sen. McConnell under Sect. 11-11-440 out of order as Pts. of Order should be based on Rules of the Senate and not specific provisions of the Code of Laws
(Hutto) Act. Pres. - Overruled Hutto Pt. of Order
Printed Page 2633, May 14

Pt. A of Am. to GAB out of order -- violative of Section 11-11-440 of the S.C. Code of Laws
(Leatherman) No ruling
Printed Page 2721, May 15

Proviso 73.3 (GAB) was violative of Rule 24 in that it amends or suspends S.C. Code Sections 14-1-202(a), 11-7-25, 17-25-100, 22-3-800 and 14-25-75
(Hawkins) Act. Pres. - Under Advsmt.
Printed Page 2751, May 19
Decision by the Pres. Pro Tempore- Sustained - Prov. 73.3 ruled out of order
Printed Page 2806, May 20

Am. (GAB) out of order - violative of §11-11-440, S.C. Code of Laws
(Knotts) Sustained - Am. #405 ruled out of order
Printed Page 2877, May 20

Am. (GAB) out of order - violative of Rule 24 in that it amends or suspends Section 59-32-60 of the S.C. Code of Laws
(Leatherman) (Am. #408) Overruled
Printed Page 2880, May 20

Am. out of order - violative of §11-11-440 of the S.C. Code of Laws
(Elliott) Overruled; Am. 2A to H. 3598 tabled
Printed Page 3011, May 22

Am. (GAB) out of order - violative of Rule 24 and Section 46-13-45
(Land) Pres. Pro Tempore - Sustained - Am. #350 ruled out of order
Printed Page 2809, May 20

Am. out of order -- revenue-raising measure drawn to a Senate Bill and violated Article III, Section 15 of the S. C. Constitution
(McConnell) (Am. to S. 28)
Printed Page 3117, May 28
Pt. of Order raised by Sen. McConnell was out of order -- came too late inasmuch as action had previously been taken on the am.
(Moore) Overruled
Printed Page 3117, May 28
Pt. of Order raised by Sen. McConnell Sustained
Printed Page 3118, May 28
Decision of Pres. appealed (Moore)
Printed Page 3118, May 28
Appeal was not overridden (18-25); Am. #1 ruled out of order
Printed Page 3119, May 28

Voting
Request for a roll call vote came too late -- vote had already been announced (GAB)
(Hawkins) Overruled
Printed Page 2450, May 13

Acting on a veto of the governor on a local matter would require a two-thirds vote of the entire membership of the Senate as opposed to a vote by the members of the affected delegation
(Leventis) (No ruling)
Printed Page 764, Feb. 26


Last Updated: Wednesday, June 24, 2009 at 3:45 P.M.