Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, as we confront unfinished tasks calling for courage and wisdom, pour upon those entrusted with the stewardship of our beloved state's welfare a double portion of Your enabling power. May no ugly thought or speech spoil the tapestry of our united efforts. May criticism be tempered with charity, conviction with tolerance, appraisals with understanding, and even judgments of disapproval with appreciation of honest motives, as we ascribe to others the same sincerity that we claim for ourselves.
And to You, Lord, we give our glory and honor. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Cornelia Ellison of Columbia, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
Ordered for consideration tomorrow.
The following was received and referred to the appropriate committee for consideration.
Document No. 1854
Promulgated By Board of Education
Types and Levels of Credential Classification
Received By Speaker March 16, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 20, 1996
The following was taken up for immediate consideration:
H. 3815 -- Rep. Neilson: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, AND PROVIDE FOR DISTRIBUTION OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, in accordance with previous custom and procedure, and that the collected prayers be distributed, following publication, in the manner directed by the Speaker.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.
Rep. QUINN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. J. BROWN objected.
Referred to Committee on Judiciary.
H. 3817 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND AND FEDERAL AID HIGHWAY FUND, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO RECOVER ENGINEERING OR ADMINISTRATIVE COST FROM A HIGHWAY CONSTRUCTION PROJECT ONCE THE PROJECT HAS BEEN COMPLETED AND THE CONTRACTOR HAS RECEIVED FULL PAYMENT, AND TO REQUIRE THE DEPARTMENT TO PAY THE CONTRACTOR AN ADMINISTRATIVE FEE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
H. 3818 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 66 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR THE MARINE CORPS LEAGUE.
Referred to Committee on Education and Public Works.
H. 3819 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 68 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 16.
Marion P. Carnell Dave C. Waldrop, Jr. Carole C. Wells Jerry N. Govan, Jr. Ronald C. Fulmer B. Hicks Harwell Timothy F. Rogers Alma W. Byrd Ralph W. Canty Eugene C. Stoddard
LEAVE OF ABSENCE
The SPEAKER granted Rep. HASKINS a leave of absence for the day due to medical reasons.
Announcement was made that Dr. Bart Barone of Charleston is the Doctor of the Day for the General Assembly.
The House stood in silent prayer for the recovery of Rep. TERRY HASKINS who underwent surgery this morning.
Reps. TOWNSEND, ALLISON, PHILLIPS and WRIGHT presented to the House Dr. Carol A. Stewart, Director of Research for the House Education and Public Works Committee, and extended their best wishes to her in her new position in State Government.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
Rep. FAIR moved to adjourn debate upon the following Joint Resolution until Saturday, June 3, which was adopted.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. H. BROWN moved to adjourn debate upon the following Bill.
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
The following Bill was taken up.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
Rep. H. BROWN explained the Bill and moved to adjourn debate upon the Bill until Tuesday, March 21, which was adopted.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Rep. WILDER explained the Joint Resolution.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Rep. BREELAND explained the Bill.
On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 329 be read the third time tomorrow.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3185 be read the third time tomorrow.
Rep. KNOTTS withdrew his objection to H. 3647 however, other objections remained upon the Bill.
Upon the withdrawal of objections by Reps. S. WHIPPER, MASON, HUFF and MOODY-LAWRENCE, the following Bill was taken up.
H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Rep. NEILSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10020AC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-100 of the 1976 Code, as last amended by Act 512 of 1994, is further amended to read:
"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities where authorized by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 3228 be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Medical, Military, Public and Municipal Affairs.
H. 3689 -- Reps. Byrd, Scott, Inabinett and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995" BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR AN INCOME TAX CHECKOFF FOR THE GIFT OF LIFE TRUST FUND; BY ADDING SECTION 44-43-720 SO AS TO REQUIRE CONSENT WHEN AN ORGAN REMOVED DURING AN AUTOPSY IS USED FOR ORGAN DONATION; BY ADDING SECTION 44-43-1012 SO AS TO PROHIBIT THE RELEASE OF THE IDENTITY OF AN ORGAN DONOR OR RECIPIENT WITHOUT CONSENT; BY ADDING SECTION 44-43-1014 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ANNUALLY REVIEW HOSPITAL DEATH RECORDS TO DETERMINE THE HOSPITALS' COMPLIANCE WITH ORGAN AND TISSUE PROTOCOLS; TO AMEND TITLE 44, CHAPTER 43, RELATING TO DISPOSITION OF HUMAN BODIES BY ADDING ARTICLE 13 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND AND ITS BOARD OF DIRECTORS AND TO PROVIDE FOR ITS PURPOSE, POWERS, AND DUTIES; TO ADD SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO GIVE PERSONS RENEWING THEIR DRIVER'S LICENSE AN OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND; TO AMEND SECTION 17-5-260, RELATING TO NOTIFICATION TO THE MEDICAL EXAMINER OF CERTAIN DEATHS, SO AS TO REQUIRE THE MEDICAL EXAMINER TO PROVIDE THE AUTOPSY REPORT TO THE NEXT OF KIN IF REQUESTED AND TO STATE IF ANY ORGANS WERE REMOVED PERMANENTLY; TO AMEND SECTION 44-43-40, RELATING TO DRIVERS' LICENSES REFLECTING ORGAN DONATIONS, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO PLACE DONOR INFORMATION OBTAINED THROUGH DRIVER'S LICENSE ISSUANCE AND RENEWAL IN THE DEPARTMENT'S DATA BASE AND TO MAKE THIS AVAILABLE TO CERTAIN MEDICAL AND LAW ENFORCEMENT PERSONNEL; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO REVISE THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PERSONS WHO MAY BE ORGAN DONORS, SO AS TO ALLOW SIXTEEN OR SEVENTEEN YEAR OLDS TO BE DONORS WITH PARENTAL CONSENT, TO PROVIDE THAT AN ORGAN DONATION GIFT MADE BY A PERSON BEFORE DEATH TAKES PRECEDENCE OVER THE WISHES OF SURVIVING FAMILY AND TO PROVIDE PROCEDURES FOR OBTAINING CONSENT FROM RELATIVES; TO AMEND SECTION 44-43-710, RELATING TO CONSENT TO PERFORM AN AUTOPSY, SO AS TO REQUIRE THAT THE FORM MUST BE WRITTEN IN PLAIN LANGUAGE; TO AMEND SECTION 44-43-910, RELATING TO DEFINITIONS UNDER HOSPITAL PROTOCOLS FOR ORGAN DONATION, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 44-43-920, RELATING TO HOSPITAL POLICIES FOR ORGAN DONATION, SO AS TO REQUIRE A HOSPITAL TO CONTACT THE SOUTH CAROLINA ORGAN DONOR NETWORK AT THE TIME OF EACH HOSPITAL DEATH TO DETERMINE SUITABILITY OF THE DECEDENT FOR ORGAN DONATION; TO AMEND SECTION 44-43-930, RELATING TO HOSPITAL CONTACT WITH FAMILIES OF POTENTIAL ORGAN DONORS, SO AS TO PROVIDE PROCEDURES FOR OBTAINING ORGAN DONATIONS FROM POTENTIAL DONORS; TO AMEND SECTION 44-43-950, RELATING TO WHO MAY CONSENT TO ORGAN DONATION, SO AS TO PROVIDE PROCEDURES FOR OBTAINING CONSENT; TO AMEND SECTION 44-43-970, RELATING TO AGENCIES WHICH MAY RECEIVE ORGAN REFERRALS AND DONATIONS, SO AS TO FURTHER DEFINE THESE AGENCIES; TO AMEND SECTION 44-43-990, RELATING TO PHYSICIAN NOTIFICATION OF POTENTIAL ORGAN DONATIONS, SO AS TO REVISE THE NOTICE REQUIREMENT; AND TO AMEND SECTION 44-43-1000, RELATING TO MEDICAL RECORDS OF ORGAN DONORS, SO AS TO REVISE THE REQUIRED CONTENTS OF THE RECORDS.
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Judiciary.
H. 3744 -- Reps. Shissias, Harrison, Martin, Wofford, Klauber, A. Young, J. Young, Lanford and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Rep. JENNINGS, with unanimous consent, made a statement relative to the judicial elections.
The following Bill was taken up.
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Rep. H. BROWN explained the Bill.
Rep. CARNELL moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Boan Breeland Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Howard Inabinett Kennedy Kinon Kirsh Martin McAbee McElveen McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Harrell Harrison Harvin Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks Mason McCraw McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
So, the House refused to continue the Bill.
The Bill was then read the third time and ordered sent to the Senate.
I voted no on H. 3647. Debate was limited by immediate cloture and I did not have the opportunity to participate in the debate of this issue yesterday. I voted no because I now feel that South Carolina's already jeopardized credit rating is in serious trouble. Passage of this Bill is, in my opinion, a liberal spending precedent for a fiscally conservative policy. It doesn't take an accountant to see that the preferable "monetarily-secure" position for our State to be in is to have a law [Carnell-Felder] in place which states our savings may be spent, than a precedent [H. 3647] which requires that it must be spent--for whatever the reason.
Rep. JAMES L.M. CROMER, JR.
The following Concurrent Resolution was taken up.
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and
Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and
Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Ernest Allen Burriss Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest Allen Burriss.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. H. BROWN.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3820 -- Reps. Thomas, Witherspoon and Riser: A BILL TO AMEND SECTION 50-17-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CERTAIN FISHING NETS, SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN CHANNEL NETS USED FOR TAKING SHRIMP.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3821 -- Reps. Keyserling, Sharpe, Richardson, Lloyd and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.
Referred to Committee on Judiciary.
The following was introduced:
H. 3822 -- Rep. Stuart: A HOUSE RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
The Resolution was adopted.
The following was introduced:
H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
Rep. H. BROWN explained the Bill.
On motion of Rep. H. BROWN, with unanimous consent, it was ordered that H. 3736 be read the third time tomorrow.
Rep. TOWNSEND moved that the House do now adjourn, which was adopted.
At 11:10 A.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Cornelia Ellison of Columbia, to meet at 10:00 A.M. tomorrow.
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