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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.

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.
STATEMENT OF ATTENDANCE
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

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

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.

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.

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.

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