| Printed Page 4980, Apr. 27 | Printed Page 5000, Apr. 27 |

Speaker SHEHEEN:
"Our fourth award today is Mary Albertha Green. Mrs. Green has been quilting since the age of eight, when an aunt taught her to turn old clothes into beautiful and functional bedcovers. She particularly likes to work with a wide variety of colors, and she has won many awards for her work. Mrs. Smith considers quiltmaking to be one more way to bring beautiful colors, comfort and joy into her home, community, and into the lives of the people she loves. Congratulations."

Lt. Governor Theodore presented the award to Ms. Mary Albertha Green.

Speaker SHEHEEN:

"Our fifth award winners today are not here yet and we hope that they arrive before we finish. The Hallelujah Singers are from Beaufort. This year we present the Advocacy Award to the Hallelujah Singers, who keep Gullah culture alive with their presentations of songs, stories, and dances. Founder Marlena McGhee Smalls organized the group in 1990 to put together programs which combine Gullah music and narratives to illustrate what life was like for their ancestors. They have performed all over South Carolina and last year performed at a benefit in Washington, D.C. at the invitation of First Lady Hillary Clinton. As their audience grows, so does their opportunity to educate the public, in a unique and beautiful way, about the beauty and vitality of Gullah culture. We hope that they get here today because they have promised to make a presentation. I have seen them perform and it is well worth the wait. Before we end the program, I want to tell you that there are two things to do. The first is, I think that Ms. Green has brought an example of her work for us to see. This is an example of her handiwork. Also, Mr. Bollack has with him one of his nets that he has used for about twenty years. The Hallelujah Singers have joined us and we recognized them a few moments ago. We are pleased to have you and we will ask you to perform before you leave."

Speaker SHEHEEN then recognized Deacon Robert E. Nelson, Sr. and the Springfield Baptist Singing Convention who performed for the Joint Assembly.

Lt. Governor Theodore then presented the award to the Hallelujah Singers who then performed for the Joint Assembly.

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

At 12:50 P.M. the House resumed, the SPEAKER in the Chair.

Rep. COOPER moved to reconsider the vote whereby H. 4864 was given a second reading and the motion was noted.

Rep. HODGES moved that the House recede until 2:15 P.M.

Rep. HUFF moved that the House do now adjourn.

Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Brown, G.        Brown, H.        Carnell
Davenport        Huff             Klauber
Marchbanks       Trotter          Wilkins

Those who voted in the negative are:

Allison          Bailey, G.       Baker
Baxley           Beatty           Boan
Breeland         Brown, J.        Byrd
Cato             Clyborne         Cobb-Hunter
Cooper           Corning          Delleney
Felder           Gonzales         Govan
Graham           Harrelson        Harris, J.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges

Hutson           Jaskwhich        Jennings
Kinon            Kirsh            Koon
Lanford          Littlejohn       McCraw
McTeer           Neal             Neilson
Phillips         Quinn            Richardson
Riser            Robinson         Rogers
Rudnick          Sharpe           Sheheen
Shissias         Simrill          Smith, R.
Snow             Spearman         Stille
Stone            Stuart           Thomas
Vaughn           Waites           Walker
Wells            Wilder, D.       Wilder, J.
Wilkes           Witherspoon      Wright

So, the House refused to adjourn.

The question then recurred to the motion that the House recede until 2:15 P.M., which was agreed to.

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

The SPEAKER granted Rep. DELLENEY a leave of absence for the remainder of the day.

The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution, which was adopted.

S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill was taken up.

H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.

Amend the bill, as and if amended,by striking Section 23-35-140 of the 1976 Code, as contained in SECTION 1 and inserting:

/"Section 23-35-140. Notwithstanding any other provisions of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale, and use of permissible fireworks within this State. Such These regulations may prescribe, but shall must not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such the fireworks may be kept, sold, or used, the manner of storage of fireworks within such the buildings or structures, and such other matters that may be necessary to protect lives and property. Violations of such these regulations when duly promulgated shall must be punished as provided for in Section 23-35-150.

In addition to the above provisions of this section, the use of fireworks is prohibited in a county while a red flag alert or burning ban, as issued by the State Forestry Commission, is in effect for that county.

A person who violates a prohibition imposed by the provisions of this paragraph is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one hundred dollars or by a term of imprisonment not exceeding thirty days, or both."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

Reps. LANFORD, PHILLIPS and ASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3379BDW.94), which was adopted.

Amend the bill, as and if amended, by striking Section 23-35-140, beginning on page 4429-1 and line 26, and inserting:

/Section 23-35-140. (A) Notwithstanding any other provisions another provision of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale and use of permissible fireworks within this State. Such These regulations may prescribe, but shall are not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such the fireworks may be kept, sold or

(B) In addition to the requirements of subsection (A), the use of fireworks is prohibited in a county while a burning ban, as issued by the State Commission of Forestry, is in effect for that county. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both./

Renumber sections to conform.

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Title 32 of the 1976 Code is amended by adding:

Section 32-8-300. This article may be cited as the `Safe Cremation Act'.

Section 32-8-305. As used in this chapter:

(1) `Alternative container' means a receptacle, other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be:

(a) composed of readily combustible materials suitable for cremation;

(b) resistant to leakage or spillage;

(c) rigid enough for handling with ease;

(d) able to provide protection for the health, safety, and personal integrity of crematory personnel.

(2) `Agent' or `decedent's agent' means a person legally entitled under this article to order the cremation and final disposition of specific human remains.

(3) `Body parts' means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or a portion of bodies that have been donated to science for medical research purposes.

(4) `Board' means the South Carolina State Board of Funeral Service.

(5) `Burial transit permit' means a permit for disposition of a dead human body as required by law.

(6) `Casket' means a rigid container that is designed for the encasement of human remains.

(7) `Change of ownership' means a transfer of more than fifty percent of the stock or assets of a crematory authority.

(8) `Cremated remains' means all human remains recovered after the completion of a cremation.

(9) `Cremation' means the technical process using heat and flame that reduces human remains to bone fragments and which may include the pulverization of the bone fragments.

(11) `Cremation certificate' means a document certifying that a decedent has been cremated and which includes the name of the decedent, the identification number, the date of cremation, the name, address, and phone number of the crematory, and the signature of the crematory authority.

(12) `Cremation chamber' means the enclosed space within which the cremation takes place.

(13) `Cremation interment container' means a rigid outer container composed of concrete, steel, bronze, fiberglass or some similar material in which an urn is placed before being interred in the ground and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn.

(14) `Cremation room' means the room in which a cremation chamber is located.

(15) `Crematory' means the building or portion of a building that houses the cremation room or the holding facility, or both.

(16) `Crematory authority' means the legal entity or the authorized representative of the legal entity which is licensed by the South Carolina Funeral Service Board to operate a crematory or a licensed funeral director who performs cremations.

(17) `Department' means the South Carolina Department of Health and Environmental Control.

(18) `Final disposition' means the burial, cremation, entombment or other disposition of a dead human body or parts of a dead human body or cremated remains.

(19) `Foreign matter' means certain items including, but not limited to, body prosthesis, dentures, dental bridgework, dental fillings, jewelry, and any other personal articles accompanying the deceased.

(20) `Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.

(21) `Funeral establishment' means an establishment in a building or separate portion of a building having a specific street address and location and devoted to activities relating to the shelter, care, custody, and preparation of a deceased human body and which may contain facilities for funerals, wake services, or cremations and for which a permit has been issued pursuant to Section 40-19-130.

(23) `Merchandise' means alternative containers, temporary containers, caskets, cremation caskets, rental caskets, urns, and cremation interment containers.

(24) `Niche' means a compartment or cubicle for the permanent placement of an urn containing cremated remains.

(25) `Pulverization' means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual or mechanical means.

(26) `Scattering area' means an area which may be designated by a cemetery and located on dedicated cemetery property where cremated remains, which have been removed from their container, may be mixed with or placed on top of the soil or ground cover.

Section 32-8-310. A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with local zoning regulations.

Section 32-8-315. (A) A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a cremation authorization form. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arrangements and the crematory authority designated to perform the cremation.

(B) At the time of death of a person who had executed a cremation authorization form, the person in possession of the executed form and the person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of the executed form shall ensure that the decedent is cremated and that the final instructions contained on the authorization form are carried out. The crematory authority is required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form if the crematory authority has a completed authorization form, all permits, and certificates required by law, and the designated human remains.

(C) A preneed authorization for cremation arranged with a licensed funeral establishment and crematory authority shall specify the final disposition of the cremated remains in accordance with Section 32-8-345. If no different or inconsistent instructions are provided to the funeral establishment or the crematory authority by the agent at the time of death,

(D) No person may revoke a cremation authorization form subsequent to the death of the person who executed the form and the instructions for cremation and disposition of the cremated remains must be complied with unless full payment for the cremation and disposition of the remains has not been received or guaranteed.

Section 32-8-320. (A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent:

(1) the spouse of the decedent at the time of the decedent's death;

(2) the decedent's surviving adult children;

(3) the decedent's surviving parents;

(4) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent;

(B) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation:

(1) a person serving as executor or legal representative of the decedent's estate and acting according to the decedent's written instructions;

(2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State.

(C) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the cremation of a decedent, the matter must be resolved by order of the probate court.

Section 32-8-325. (A) A crematory authority shall not cremate human remains until it has received all of the following:

(1) A certified copy of the death certificate; however, if the decedent was pronounced dead during hours the department was not open to the public, a completed copy of the death certificate, excluding the signature of the State Registrar of Vital Statistics, signed by the attending physician must be provided to the crematory authority; the death certificate signed by the registrar must be filed the next working day of the department and a certified copy must be provided to the crematory authority.

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