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S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

The following was taken up for immediate consideration:

S. 765 -- Senator Matthews: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1994, thirty-nine workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That April 28, 1995, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Be it further resolved that a copy of this resolution be forwarded to Mr. G. O. Smoak, President of the South Carolina AFL-CIO.

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 4136 -- Judiciary Committee: 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.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18447AC.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION __. The 1976 Code is amended by adding:

"Section 44-29-240. A person, upon whom an invasive, exposure-prone procedure, as defined by the Department of Health and Environmental Control, is scheduled to be performed, should know his HIV antibody, HBsAG, and HBeAg status and disclose the status to the health care professionals rendering care so that precautionary measures may be taken. A person, upon whom an invasive, exposure-prone procedure is scheduled to be performed, who does not know his status, should have his blood tested for the presence of HIV or HBV so as to protect the health care professionals rendering care."/

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. WILDER moved to adjourn debate upon the Bill.

Rep. HARRISON moved to table the motion, which was agreed to.

Rep. SCOTT raised the Point of Order that Amendment No. 1 was out of order as it was not germane.

The SPEAKER overruled the Point of Order.

The amendment was then adopted.

Rep. FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5870AC.95), which was tabled.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 44-29-250. An entity selling or providing home test kits for testing for Human Immunodeficiency Virus (HIV) shall obtain information on the person whose blood sample is to be tested. A laboratory performing the HIV test on a sample of blood taken pursuant to a home test kit shall report a positive HIV infection test result to the Department of Health and Environmental Control with identifying information sufficient for the department to conduct partner notification. The laboratory also shall certify to the department that counseling options, including community-based resources and referrals to appropriate medical providers have been made or offered to the positive subject."/

Amend title to conform.

Rep. FAIR explained the amendment.

Rep. SHISSIAS spoke against the amendment.

Rep. HARRISON moved to table the amendment, which was agreed to by a division vote of 61 to 13.

Reps. SIMRILL, FAIR, TROTTER, MARCHBANKS, RICE, ROBINSON, HARRISON, CROMER, JENNINGS, SHISSIAS and HUFF objected to the Bill.

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

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT

Rep. HALLMAN explained the Bill.

H. 4139 -- Ways and Means Committee: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1996 SESSION THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES AND THE GOVERNOR USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL STATE GENERAL APPROPRIATIONS ACT.

Rep. FULMER explained the Bill.

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

The following Bill was taken up.

H. 3786 -- Reps. Keyserling and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT TO THE GENERAL ASSEMBLY AND THE GOVERNOR A COPY OF THE STATE'S INTERMODAL TRANSPORTATION EFFICIENCY PLAN PREPARED PURSUANT TO THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991, TO REQUIRE A RAILROAD OWNER TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF HIS INTENT TO ABANDON A RIGHT-OF-WAY, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PROVIDE PROPOSED RIGHT-OF-WAY ABANDONMENT OR DISCONTINUANCE INFORMATION TO INTERESTED PARTIES AND TO THE PUBLIC, AND TO REQUIRE RAILROADS TO SUBMIT TO THE DEPARTMENT OF

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