Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Give to each of us, good Lord, a steadfast heart which no unworthy thought can drag down; an unconquered heart which no tribulation can wear out; an upright heart which no unbecoming purpose can pull aside. Keep firmly fixed within us a desire to know Your way, diligence to seek that way, wisdom to recognize it, and faithfulness to remain steadfast. And hearing the voice divine, keep us loyal in doing justly, loving mercy, and walking humbly with our God.

Enable us to identify with the Psalmist who said: "The Lord is the Strength of my life." (Psalm 27:1) 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 Friday, the SPEAKER ordered it confirmed.

Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Mr. Eddie Dawkins of Columbia, which was agreed to.

The following was received.

January 17, 1994
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to commence immediately and to expire June 30, 1994, and a full term to commence June 30, 1994, and to expire June 30, 1999:

At-Large:

Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, Post Office Box 993, Charleston, S.C. 29402

The SPEAKER ordered the confirmation referred to the Committee on Judiciary.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1008 -- Senators Giese, Passailaigue and Glover: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE CAROLINA HOME INJURY PREVENTION FOR SENIORS PROJECT FOR ITS CONTRIBUTIONS TO THE HEALTH AND SAFETY OF OUR ELDERLY CITIZENS AND TO HONOR AND THANK THE MANY VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.

Ordered for consideration tomorrow.

The following was introduced:

H. 4523 -- Reps. Wells, Allison, Lanford, Littlejohn, Walker, Davenport, D. Smith and D. Wilder: A HOUSE RESOLUTION TO EXTEND STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND AND THEIR TEACHERS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1994, FOR THE PURPOSE OF A MUSICAL PERFORMANCE.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4524 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TIMOTHY BRAD HERLONG OF GREENWOOD COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4525 -- Reps. Cromer, Elliott, Littlejohn, Meacham, Gamble, Holt, Shissias, Robinson, Neilson, Hutson, A. Young, Baxley, Walker, R. Smith, Riser, Stille, G. Bailey, Harrison, Allison, Farr, Vaughn, J. Wilder, Kirsh, Davenport, J. Harris, McCraw, Houck, Phillips, McLeod, Chamblee, Lanford, D. Wilder, Huff, Askins, Stuart, Stone, McKay, Wilkins and Keegan: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4526 -- Reps. J. Brown, G. Brown, Scott, Hines, Harwell, Inabinett, Allison, Vaughn, Kennedy, Neal, Stille, Shissias, Breeland, Rudnick, Anderson, Kinon, Whipper, Stone, Harrelson, Felder, Byrd, Tucker, Moody-Lawrence, Gonzales, Corning and Spearman: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTION EYEGLASS LENSES AND RAW MATERIALS USED IN THE FABRICATION OF SUCH LENSES AND TO PROVIDE THAT THIS EXEMPTION DOES NOT EXTEND TO EYEGLASS FRAMES.

Referred to Committee on Ways and Means.

H. 4527 -- Reps. McLeod, G. Bailey, G. Brown, Stone, McCraw, Hines, Inabinett, Harrelson, Whipper, Byrd, Cobb-Hunter, Farr, Neal, Breeland, R. Smith, McMahand, Harvin and Cooper: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AGRICULTURAL REAL PROPERTY AND CLASSIFICATION, ASSESSMENT, AND DEFINITION OF MOBILE HOMES FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE VALUE OF A NEW MOBILE HOME MUST BE REDUCED BY TWO THOUSAND DOLLARS A YEAR FOR THE FIRST FOUR YEARS AND ONE THOUSAND DOLLARS A YEAR THEREAFTER, BUT IN NO CASE MAY THE VALUE BE REDUCED BELOW TEN PERCENT OF ORIGINAL COST.

Referred to Committee on Ways and Means.

H. 4528 -- Reps. Scott, Rogers, G. Brown, Littlejohn, Cobb-Hunter, G. Bailey, Kinon, Moody-Lawrence, White, J. Brown, Neal, Whipper, Byrd, Canty, Breeland, Inabinett, Govan, Williams, Beatty, Anderson, Hines, J. Wilder, Cromer, McMahand, McLeod, Harvin, Phillips, Keyserling, Harrelson, Spearman, McTeer, Neilson, Holt, Haskins, Wilkes, Farr, Kennedy, Snow, D. Wilder, Graham and Harwell: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE COMMUNITY REINVESTMENT ACT, TO PROVIDE FOR A COMMUNITY REINVESTMENT BOARD, ITS POWERS AND DUTIES, AND TO STATE THE REQUIREMENTS FOR COMMUNITY REINVESTMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 4529 -- Reps. Robinson, Gonzales, Littlejohn, Vaughn, Walker, Shissias, Cromer, Stille, Trotter, Harrison, Wofford, D. Wilder, Corning, Byrd, Stuart, Richardson, Neal, Keegan, Quinn, Law, Klauber, Waites, Graham and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-180 SO AS TO PROHIBIT THE NAMING OF PUBLIC PROPERTY PURCHASED OR CONSTRUCTED WITH STATE FUNDS OR OWNED BY THE STATE FOR A LIVING PERSON OR A PERSON WHO HAS BEEN DECEASED FOR LESS THAN ONE YEAR.

Referred to Committee on Ways and Means.

H. 4530 -- Rep. Witherspoon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN OUTBOARD MOTOR POWERED WATERCRAFT LESS THAN FOURTEEN FEET IN LENGTH AND TO EXEMPT A WATERCRAFT FOURTEEN OR MORE FEET OR LONGER WHICH IS ASSESSED AT LESS THAN FIFTY DOLLARS; AND TO AMEND SECTION 12-4-720, RELATING TO THE PROCEDURE FOR FILING FOR PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT NO APPLICATION IS NECESSARY FOR THE BOAT EXEMPTIONS ALLOWED BY THIS ACT.

Referred to Committee on Ways and Means.

H. 4531 -- Reps. Cromer, Elliott, Meacham, G. Bailey, Waites, Cobb-Hunter, R. Smith, Neilson, Vaughn, Shissias, A. Young, Rogers, Walker, Harrison, Stille, Riser, Allison, Phillips, Gamble, Holt, Keegan, D. Wilder, Hutson, Davenport, Stuart, Chamblee, Houck, Stone, Kirsh, McKay, Huff, Moody-Lawrence, Hines and Wilkins: A BILL TO AMEND SECTION 8-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARING CERTAIN OFFICES VACANT AFTER AN INDICTMENT OF THE OFFICER, SO AS TO DELETE THE PROVISIONS LIMITING THE PUBLIC OFFICER TO ONE WHOSE AUTHORITY IS LIMITED TO A SINGLE ELECTION OR JUDICIAL DISTRICT AND PROVIDE ITS APPLICATION TO A FULL-TIME STATE EMPLOYEE.

Referred to Committee on Judiciary.

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

Referred to Committee on Judiciary.

H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.

Referred to Committee on Judiciary.

S. 1012 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO DESIGNATE THE BOUNDARIES OF YORK SCHOOL DISTRICT 1, CLOVER SCHOOL DISTRICT 2, ROCK HILL SCHOOL DISTRICT 3, AND FORT MILL SCHOOL DISTRICT 4, ALL LOCATED IN YORK COUNTY.

Rep. KIRSH asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. MEACHAM objected.

Referred to York Delegation.

S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

Referred to Committee on Ways and Means.

The Senate sent to the House the following:

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4533 -- Reps. J. Brown, Govan, Scott, Hines, Cobb-Hunter, Breeland, Whipper, Moody-Lawrence, Neal, Byrd, J. Bailey and McMahand: A CONCURRENT RESOLUTION TO DECLARE THAT THE CONFEDERATE FLAG BE REMOVED FROM ATOP THE STATE HOUSE.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

The following was introduced:

H. 4534 -- Reps. J. Wilder, Baxley and Walker: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C. COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Anderson               Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Delleney               Fair
Farr                   Felder                 Fulmer
Gamble                 Govan                  Hallman
Harrell                Harrelson              Harris, J.
Harrison               Harwell                Haskins
Hodges                 Holt                   Houck
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McMahand
McTeer                 Meacham                Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stone                  Stuart                 Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, A.              Young, R.

I came in after the roll call and was present for the Session on Tuesday, January 18.

Patrick B. Harris                 Jesse E. Hines
Harry R. Askins                   James G. Mattos
Marion P. Carnell                 Irene K. Rudnick
Thomas E. Huff                    Dell Baker
Michael F. Jaskwhich              Harry C. Stille
Grady A. Brown                    Larry L. Elliott
Richard M. Quinn, Jr.             Eugene C. Stoddard
Carole C. Wells                   Merita A. Allison
Thomas C. Alexander               Bessie Moody-Lawrence
Stephen E. Gonzales               C. Alex Harvin, III

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

The SPEAKER granted Rep. CANTY a leave of absence for the week due to a national church body meeting in Washington.

The SPEAKER granted Reps. ALLISON and WELLS a temporary leave of absence due to inclement weather conditions.

The SPEAKER granted Reps. STILLE and GRAHAM a temporary leave of absence.

The following Bill was taken up.

H. 3477 -- Rep. J. Bailey: A BILL TO AMEND SECTION 5 OF ACT 113 OF 1991, RELATING TO THE PROVISION THAT, FOR PURPOSES OF AUTOMOBILE INSURANCE, TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT FOR TWENTY-FOUR MONTHS FOLLOWING THE EFFECTIVE DATE OF ACT 113 OF 1991, SO AS TO EXTEND THIS PERIOD FROM TWENTY-FOUR TO FORTY-EIGHT MONTHS.

Rep. J. BAILEY moved to table the Bill, which was agreed to.

Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, January 19, which was adopted.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, January 19, which was adopted.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

The following Joint Resolution was taken up.

H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Reps. FAIR, SIMRILL, HASKINS, CATO, COOPER, TROTTER, MARCHBANKS, ROBINSON, VAUGHN, McMAHAND, KELLEY, KEEGAN and JENNINGS objected to the Joint Resolution.

The following Bill was taken up.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Rep. J. BAILEY explained the Bill.

Reps. SPEARMAN, KIRSH, COBB-HUNTER, McMAHAND and ANDERSON objected to the Bill.

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

H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.

S. 951 -- Senators Setzler, Giese, Hayes, Lander, J. Verne Smith, Washington and Courson: A JOINT RESOLUTION TO PROVIDE FOR THE EXTENSION OF THE STIPULATED COMPLETION DATES OF CERTAIN LONG-RANGE, COMPREHENSIVE PLANS REQUIRED BY THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT UNDER SPECIFIED CONDITIONS.

On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

On motion of Rep. HODGES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 925 -- Senators Holland, Passailaigue, Ryberg, Courtney, Giese, Hayes, Lander and Martin: A BILL TO AMEND SECTION 1-30-10, AS LAST AMENDED BY ACT 181 OF 1993, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AS THE PERMANENT DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3281 -- Reps. Spearman, Cobb-Hunter, Quinn, Sharpe, Sturkie, Riser, Gamble, Robinson, Witherspoon, Baker, Koon, Carnell, Haskins, J. Brown, J. Harris, Cromer, Kirsh, Corning, Farr, McCraw, Phillips and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

The following Bill was taken up.

H. 3649 -- Reps. Fair, Klauber, Felder, Waldrop, Delleney, A. Young, Thomas, Wells and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1643 AND BY AMENDING SECTION 20-7-1670, AS AMENDED, RELATING TO WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT THE FOSTER CARE PLACEMENT OR ADOPTION OF A CHILD WITH A PERSON WHO HAS BEEN DETERMINED TO HAVE COMMITTED ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT OR ABUSE OR NEGLECT, OR WHO IS A HOMOSEXUAL OR BISEXUAL.

Rep. WAITES spoke against the Bill.

On motion of Rep. COBB-HUNTER, Rep. WAITES' remarks were ordered printed in the Journal as follows:

I am concerned about the action taken on Thursday to ban gay, lesbian or bisexual people from adopting or foster parenting a child.

Homosexuality is hard for most people to talk about or deal with, because they don't understand it. I don't presume to understand it either. But I do know that these human beings who have a sexual preference different from mine and probably yours should not be feared or hated or discriminated against just because they are homosexual or bisexual.

I agree with the provision in this bill that says,

"Anyone who has been determined to have committed abuse or neglect or has been convicted of criminal sexual conduct or abuse or neglect should be prohibited from adopting or being a foster parent."

No natural, adoptive or foster parent should have a sexual relationship with a child, regardless of the adult's sexual preference. But this bill implies that children raised by gays, lesbians or bisexuals would be subjected to abuse or neglect.

There is no evidence to support that presumption. Actually all social science data to date has indicated that heterosexual men are far more likely to molest children than are homosexuals.

The Child Welfare League of America has been setting standards in all child welfare services since its formation in 1920. Their recommended basis for the selection of adoptive parents states
"applicants should be fairly assessed on their abilities to successfully parent a child needing family membership and not on their appearance, differing life style, or sexual preference."

The section on Sexual preference, states
"Sexual preferences should not be the sole criteria on which the suitability of adoptive applicants is based. Consideration should be given to other personality and maturity factors and on the ability of the applicant to meet the specific needs of the individual child."

Wouldn't it be better to leave the responsibility for determining who are suitable parents to the professionals in the field who have been trained to make these determinations on a case by case basis?

The National Association of Social Workers reports that... the orientation of a particular parent, whether heterosexual or homosexual, has no deleterious impact upon the development of the child. Issues that are important include poverty, education, violence, affection and bonding, consistence, nutrition, communication, prenatal care and a variety of other social factors.

This bill will not allow brothers and sisters to leave their children to each other if something should happen to them.

As South Carolina's leaders if we are truly representing all the people, we have a responsibility to make every effort to understand those who may be different. When we meet people who are different from us, instead of condemning them, discriminating against them, ostracizing them, mocking them, which you are doing by not listening to me, judging them and even hating them, we should treat them as we would want them to treat us.

I hope that as leaders in our State we would act based on facts not fear. That our actions would come out of love not loathing. And that we would show compassion for our fellow human beings not contempt.

Rep. SHISSIAS spoke against the Bill and moved to table the Bill.

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

Those who voted in the affirmative are:

Bailey, J.             Brown, J.              Byrd
Hines                  Kennedy                Keyserling
McElveen               Rudnick                Scott
Shissias               Waites

Those who voted in the negative are:

Alexander, M.O.        Askins                 Baker
Barber                 Baxley                 Boan
Brown, G.              Brown, H.              Carnell
Cato                   Chamblee               Cooper
Corning                Delleney               Fair
Gamble                 Hallman                Harris, P.
Haskins                Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McTeer
Meacham                Phillips               Quinn
Rhoad                  Richardson             Robinson
Simrill                Smith, D.              Smith, R.
Stuart                 Sturkie                Townsend
Trotter                Tucker                 Vaughn
Waldrop                Wilder, D.             Wilkins
Wofford                Worley                 Wright
Young, A.              Young, R.

So, the House refused to table the Bill.

The Bill, was read the third time, and ordered sent to the Senate.

I didn't vote because although I am a sponsor of H. 3649, I did not vote on this Bill, because after debate I realize under certain circumstances it may be in the best interest of the child to be in foster care or adopted by a Homosexual. I want the heterosexual couple to have more weight in the decision of who gets to adopt than a homosexual, couple but this Bill precludes homosexuals all together.

Rep. PAULA THOMAS

I abstained from voting from H. 3649 because this Bill received no debate on the floor and it appears to dictate to the Family Court decisions which have been previously decided by a Judge who hears all testimony on Foster Care and Adoption proceedings.

Rep. JAMES L. M. CROMER, JR.

The following was received.
Columbia, S.C., January 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. WILKINS the invitation was accepted.

At 12:45 P.M. the House attended in the Senate Chamber, where the following Act was duly ratified.

(R280) H. 3200 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS; AND TO AMEND SECTION 50-17-105, RELATING TO THE PROHIBITION ON THE DISPLAY OF DOLPHINS AND WHALES, SO AS TO DELETE THE PROHIBITION AND PROVIDE CIRCUMSTANCES UNDER WHICH IT IS LAWFUL TO DISPLAY DOLPHINS AND WHALES.

At 12:54 P.M. the House resumed, the SPEAKER in the Chair.

Rep. H. BROWN moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 4514 -- Reps. Spearman and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE THE SALUDA HIGH SCHOOL MARCHING BAND FOR WINNING THE STATE CLASS AA CHAMPIONSHIP FOR 1993.

H. 4524 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TIMOTHY BRAD HERLONG OF GREENWOOD COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

At 12:55 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Mr. Eddie Dawkins of Columbia, to meet at 2:00 P.M. tomorrow.

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