Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. James:
Chapter 2 (v.23) (NEB):
"Abraham put his faith in God, and
That faith was counted to him as
righteousness; and elsewhere
he is called 'God's friend'."
Let us pray.
Our Father, the God of Abraham, who
has not only TAUGHT us how to live by the
prophets, but has also SHOWN us how to live
in the person of Jesus Christ:
We remember with gratitude that the
ancient patriarch, Abraham, was called "a friend
of God".
We remember the warm words of Jesus
who said, "I have called you friends".
Help us to keep inviolate... and culti-
vate that high bond that unites... even us...
as "friends of God" in our faithful service
to our God and our State.
Help us to treasure the thought... in the
Name of Abraham's God.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator HAYES introduced Dr. Dan R. Richards of Rock Hill, Doctor of the Day.
On motion of Senator STILWELL, Senator BRYAN was granted a leave of absence for today.
The following were introduced:
S. 1357 -- Senator Macaulay: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 2, 1990, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FROM THE FIRST, THIRD, AND FIFTH CONGRESSIONAL DISTRICTS.
Referred to the Committee on Invitations.
S. 1358 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Read the first time and referred to the Committee on Finance.
S. 1359 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.
Read the first time and referred to the Committee on Judiciary.
S. 1361 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION FOR LICENSE RENEWAL OF A REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE REQUIREMENTS FOR SUCCESSFUL COMPLETION OF THE CONTINUING EDUCATION PROGRAM.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 1362 -- Senators Lourie, Giese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5025 SO AS TO PROVIDE THAT ANY MOTOR VEHICLE REGISTERED IN THIS STATE AND MANUFACTURED AFTER 1973 MUST BE EQUIPPED WITH A CORRECTLY INSTALLED AIR POLLUTION CONTROL SYSTEM OR DEVICE AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 56-5-5350 SO AS TO PROVIDE THAT NO MOTOR VEHICLE MAY BE ISSUED AN INSPECTION CERTIFICATE UNLESS IT IS CORRECTLY EQUIPPED WITH AN AIR POLLUTION CONTROL SYSTEM OR DEVICE.
Read the first time and referred to the Committee on Transportation.
S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1364 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE WALTER GAMEWELL "CURLY" WATSON, M.D., OF AIKEN COUNTY, A MODERN DAY FOLK HERO, UPON THE CELEBRATION OF HIS EIGHTIETH BIRTHDAY.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 4772 -- Reps. Gordon and Snow: A CONCURRENT RESOLUTION TO CONGRATULATE ANNIE MAYBELL PRESSLEY OF WILLIAMSBURG COUNTY AND TO WISH HER A VERY HAPPY ONE HUNDREDTH BIRTHDAY ON MARCH 7, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4773 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE SELMA WATKINS OF CLARENDON COUNTY FOR HER DISTINGUISHED AND EXEMPLARY SERVICE AS A MEMBER AND CHAIRMAN OF THE BOARD OF TRUSTEES OF CLARENDON SCHOOL DISTRICT ONE.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3866 -- Rep. R. Brown: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO DEFINE ITEMS OF HOUSEHOLD GOODS WHICH ARE EXEMPT.
Read the first time and referred to the Committee on Judiciary.
H. 3935 -- Rep. Mappus: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO PROVIDE THAT THE COLLISION COVERAGE WHICH MUST BE MADE AVAILABLE BY THE PROVISIONS OF THIS SECTION MUST COVER PRIVATE PASSENGER AUTOMOBILES RENTED BY THE INSURED.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4263 -- Reps. Wilkins and Nettles: A BILL TO REPEAL SECTION 14-7-1595, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDING OF CERTAIN COUNTY GRAND JURY MATTERS.
Read the first time and referred to the Committee on Judiciary.
H. 4267 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1825, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF ADULT PERSONS, SO AS TO PROVIDE THAT THE PETITION FOR ADOPTION MUST BE FILED WITH THE FAMILY COURT, RATHER THAN THE COURT OF COMMON PLEAS OR "COURT HAVING CONCURRENT JURISDICTION"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO GRANT THE COURT EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS FOR, AND RELATED TO, THE ADOPTION OF ADULTS.
Read the first time and referred to the Committee on Judiciary.
H. 4553 -- Reps. Rudnick and Smith: A BILL TO AMEND SECTION 2-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRINTING AND DISTRIBUTION OF ACTS, SO AS TO PROVIDE THAT COPIES OF ACTS MUST BE PROVIDED TO COUNTY ATTORNEYS.
Read the first time and referred to the Committee on Judiciary.
H. 4254 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 TO TITLE 4 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH SPECIAL PUBLIC WORKS IMPROVEMENT DISTRICTS, TO PRESCRIBE THE PROCEDURE FOR THEIR CREATION AND THE PURPOSES FOR WHICH THEY MAY BE CREATED, AND TO AUTHORIZE THE IMPOSITION OF ASSESSMENTS, THE ISSUANCE OF BONDS, AND EXPENDITURES OF REVENUE FOR THE COST OF PROPOSED IMPROVEMENTS.
Read the first time and referred to the Committee on Judiciary.
H. 4701 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4702 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO BARRIER FREE DESIGN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1152, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4708 -- Rep. Corning: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOSE CREEK IZAAK WALTON LEAGUE OF AMERICA.
Read the first time and referred to the Committee on Judiciary.
H. 4745 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND SECTION 7-7-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDEFINE THE BOUNDARIES OF THE HOLLY SPRINGS PRECINCT AND THE PUMPKINTOWN PRECINCT AS SHOWN ON THE OFFICIAL MAP DATED FEBRUARY 27, 1990.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
S. 699 -- Senator Waddell: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
The House returned the Bill with amendments.
The Bill was taken up for immediate consideration.
Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as the amendment would be an amendment to the third degree and, therefore, was not properly before the Senate for consideration.
The PRESIDENT took the matter under advisement.
Senator PASSAILAIGUE spoke on the Bill.
On motion of Senator WADDELL, with unanimous consent, the Bill was carried over.
H. 4740 -- Reps. J. Rogers, J. Harris, Baxley, Farr, Fant, Neilson, Boan, Mattos, Glover, G. Bailey, Kinon, R. Brown, Kirsh, Harwell, Vaughn, Littlejohn, Smith, Kay, Sturkie, Barfield, Taylor, Wells, Beasley, Waites, J. Bailey, Manly, Keesley, Tucker, D. Martin, McGinnis, McKay, Rudnick, Ferguson, Jaskwhich and Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE AUTHORITY'S SELECTION OF A SITE IN RICHMOND COUNTY, NORTH CAROLINA, AS ONE OF FOUR POSSIBLE SITES FOR THE LOCATION OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN NORTH CAROLINA.
On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Judiciary.
On motion of Senator HOLLAND, the Resolution was ordered placed on the Calendar for consideration tomorrow.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 624 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS; BY ADDING SECTION 39-41-255 SO AS TO PROVIDE THAT EVERY SERVICE STATION THAT HAS A WATER DISPENSER, AIR DISPENSER, OR BOTH, FOR USE IN SERVING VEHICLES SHALL ALLOW THESE DISPENSERS TO BE USED WITHOUT CHARGE; AND BY ADDING SECTION 39-41-265 SO AS TO PROVIDE THAT EVERY SERVICE STATION SHALL POST IN A CONSPICUOUS PLACE THE PRICE OF EACH TYPE OF GASOLINE IT HAS AVAILABLE, INCLUDING BOTH SELF-SERVICE AND FULL SERVICE PRICES.
S. 1330 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.
S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.
S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.
S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.
S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.
Senator LAND explained the Bill.
H. 3672 -- Reps. T. Rogers and M.D. Burriss: A BILL TO AMEND SECTION 39-29-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORNMEAL, SO AS TO PROVIDE THAT ITS PROVISIONS APPLY TO CORN GRITS.
Senator LAND explained the Bill.
H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.
H. 4646 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA WATER RESOURCES COMMISSION, RELATING TO DROUGHT RESPONSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1165, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4647 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO UNDERGROUND INJECTION CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The amendment proposed by the Committee on Judiciary (Doc. No. 2863J) was adopted as follows:
Amend the bill, as and if amended, page 2, beginning on line 13 in Section 15-7-120, as contained in SECTION 1, by inserting the following:
/(C) This act applies to contracts entered into after the effective date of this section./
Amend title to conform.
Senator POPE explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 244 -- Senators Pope and Thomas: A BILL TO AMEND SECTIONS 56-5-5350 AND 56-5-5390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF AN ANNUAL INSPECTION OF VEHICLES AND THE DISPLAY OF A CERTIFICATE OF INSPECTION, SO AS TO REQUIRE THE OWNER OF A VEHICLE TO FURNISH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AT THE TIME OF ANNUALLY REGISTERING AND LICENSING THE VEHICLE, A CERTIFICATE OF INSPECTION DATED WITHIN THE PREVIOUS THIRTY DAYS, TO DELETE THE REQUIREMENT THAT THE CERTIFICATE BE AFFIXED TO A VEHICLE AFTER JULY 1, 1989, AND DELETE THE REQUIREMENT THAT A MOTOR VEHICLE MAY NOT BE SOLD WITHOUT HAVING AFFIXED A VALID INSPECTION STAMP BEFORE DELIVERY TO THE BUYER.
On motion of Senator POPE, with unanimous consent, the Bill was recommitted to the Committee on Transportation.
S. 1135 -- Senators Shealy and Long: A CONCURRENT RESOLUTION ESTABLISHING A STUDY COMMITTEE TO STUDY THE USE OF THE DRUG DEPO PROVERA IN THE TREATMENT OF SEX OFFENDERS AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE AND THE DATE FOR ITS REPORT.
On motion of Senator SHEALY, with unanimous consent, the Concurrent Resolution was tabled.
S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
On motion of Senator GIESE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 199 -- Senator Stilwell: A BILL TO REPEAL CHAPTER 11, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF RADIO COMMON CARRIERS; AND TO PROVIDE THAT THE REPEAL OF THIS CHAPTER MAY NOT BE CONSTRUED TO AUTHORIZE OR PROVIDE FOR THE REGULATION OF RADIO COMMON CARRIERS UNDER ANY OTHER CHAPTER OF TITLE 58 OR UNDER ANY OTHER PROVISION OF LAW.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators HOLLAND and GIESE argued contra to the second reading of the Bill.
Senator LEE moved that the Bill be committed to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
Senator McCONNELL moved to lay the motion to commit the Bill on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Hayes Hinds Macaulay Martschink McConnell Pope Rose Russell Shealy Smith, N.W. Stilwell Waddell Wilson
NAYS
Fielding Giese Gilbert Hinson Holland Land Leatherman Lee Leventis Lourie Martin Matthews McGill Mitchell Moore Mullinax Peeler Setzler Smith, H.C.
PAIRED
J. Verne Smith (Present) Aye
Saleeby (Absent) Nay
The Senate refused to table the motion to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
The question then was the motion to commit the Bill, to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
Senator McCONNELL argued contra to the motion to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar.
Senator POPE raised a Point of Order that the motion to commit the Bill to the Committee on Labor, Commerce and Industry, retaining its place on the Calendar, was out of order inasmuch as the motion was not a motion provided for under Rule 14 and, therefore, required unanimous consent.
Senator McCONNELL spoke on the Point of Order.
Senator LEVENTIS raised a Point of Order that the Point of Order raised by Senator POPE came too late inasmuch as the motion was under debate.
The PRESIDENT sustained the Point of Order raised by Senator POPE.
Senator McCONNELL spoke on the Bill.
Senator LEVENTIS moved that the Bill be committed to the Committee on Labor, Commerce and Industry.
Senator McCONNELL moved to lay the motion to commit the Bill to the Committee on Labor, Commerce and Industry on the table.
Senator POPE moved that the Senate stand adjourned.
Debate was interrupted by adjournment.
At 1:34 P.M., on motion of Senator POPE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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