| Printed Page 1780, Mar. 15 | Printed Page 1800, Mar. 16 |

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

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,

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

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.

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

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

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

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

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

| Printed Page 1780, Mar. 15 | Printed Page 1800, Mar. 16 |