Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 440, Jan. 19 | Printed Page 460, Jan. 19 |

Printed Page 450 . . . . . Wednesday, January 19, 1994

(1) the total of contributions accepted by the candidate or committee;

(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(3) the total expenditures made by or on behalf of the candidate or committee;

(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION 30. Section 8-13-1310(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two five business days of receipt."

SECTION 31. Section 8-13-1310(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) Within two five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."

SECTION 32. Section 8-13-1346 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1346. A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member. This section does not prohibit the expenditure of public resources by a public agency to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that public agency."

SECTION 33. Section 8-13-1354 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1354. A candidate, committee, or other person who which makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."


Printed Page 451 . . . . . Wednesday, January 19, 1994

SECTION 34. Section 8-13-1356(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after candidacy books close receiving a candidate's statement of economic interests under subsection (B), must file a copy of the statement with the appropriate supervisory office."

SECTION 35. Section 2-17-70 of the 1976 Code is repealed.

SECTION 36. This act takes effect upon approval by the Governor, except any changes in reporting requirements for statements of economic interests pursuant to the provisions of this act shall apply only to transactions occurring on or after July 1, 1994./

Amend title to conform.

Rep. WILKINS explained the amendment.

POINT OF ORDER

Rep. WAITES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 925--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. FELDER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 452 . . . . . Wednesday, January 19, 1994

H. 4401--RECALLED AND REFERRED TO

THE COMMITTEE ON JUDICIARY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.

H. 4401 -- Reps. Hodges, Jennings, Allison, Wilkes, Rudnick, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT OF 1994, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

S. 703--SENATE AMENDMENTS AMENDED

AND RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.

Rep. SNOW proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7556BDW.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1, page 1, beginning on line 22, SECTION 2, beginning on page 1 and line 37, and SECTION 3, page 2, beginning on line 4.

Amend further by striking SECTION 4, beginning on page 2 and line 19, and inserting:

/SECTION 1. Section 50-11-310 of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:

"Section 50-11-310. Until July 1, 1993, the open season for taking antlered deer is:

(1) As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4. The department may designate


Printed Page 453 . . . . . Wednesday, January 19, 1994

the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.

(2) In Game Zone 5, antlered deer may be taken from September fifteenth through January first.

(3) In Game Zone 7, by bow and arrow from September first through January first and with firearms from September fifteenth through January first.

(4) In Game Zone 8, from September fifteenth through January first.

(5) In Game Zone 9, antlered deer from August fifteenth to August thirty-first with bow and arrow only; antlered deer from September first through January first with firearms and antlerless deer from December fifteenth through January first with bow and arrow only.

(6) In Game Zone 10, from September first through January first with bow and arrow only. Antlered deer may be taken with firearms from September fifteenth through January first.

(7) Except as provided above, the season for taking antlered deer is from August fifteenth through January first.

(8) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer.

From and after July 1, 1993, (A)The open season for taking antlered deer is:

(1) As set by the department between the dates of October first and January first in Game Zones 1, 2, and 4: as set by the department between October first and January first. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones.;

(2) In Game Zone 5, antlered deer may be taken from: September fifteenth through January first.;

(3) In Game Zone 7,: by bow and arrow from September first through January first and with firearms from September fifteenth through January first.;

(4) In Game Zone 8, from September first through January first.

(5)(4) In Game Zone Zones 8 and 9, antlered deer from: August fifteenth to August thirty-first with bow and arrow only; antlered deer from and September first through January first with firearms and. Antlerless deer from may be taken December fifteenth through January first with bow and arrow only.;

(6)(5) In Game Zone 10, from: September first through January first with bow and arrow only. Antlered deer may be taken and with firearms from September fifteenth through January first.


Printed Page 454 . . . . . Wednesday, January 19, 1994

(7)(B) Except as provided above in subsection (A), the season for taking antlered deer is from August fifteenth through January first.

(8)(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer."/

Amend further by striking SECTION 5, page 3, beginning on line 15, and inserting:

/SECTION 2. This act takes effect July 1, 1994./

Amend title to conform.

Rep. SNOW explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3569--SENT TO THE SENATE

The following Bill was taken up.

H. 3569 -- Reps. Graham, Klauber, Trotter, Simrill, Cato, Marchbanks, A. Young, Quinn, Haskins, Harrison, Cooper, P. Harris, Wofford, Gamble, Townsend, H. Brown, Littlejohn, Kelley, Robinson, Wright, Meacham, Wilkins, Vaughn, Farr, Allison, Fair, Lanford, Stuart, Baker, Davenport, Stone, Corning, J. Wilder, Hutson and Walker: A BILL TO PROVIDE FOR THE DISQUALIFICATION OF HOMOSEXUAL AND BISEXUAL PERSONS FROM SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD AND THE SOUTH CAROLINA STATE GUARD, PROVIDE FOR THE SEPARATION FROM SERVICE OF SUCH PERSONS, AND PROVIDE FOR RELATED MATTERS.

The question then recurred to the passage of the Bill on third reading.

Rep. J. BROWN demanded the yeas and nays, which were not ordered.

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

S. 1008--TABLED

The following Concurrent Resolution was taken up.

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


Printed Page 455 . . . . . Wednesday, January 19, 1994

VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

Rep. P. HARRIS moved to table the Concurrent Resolution, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HODGES.

H. 3691--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3691 -- Reps. Harrison, Sharpe, Quinn, Kinon, H. Brown, Corning, Sheheen, Wilkins, Stuart, Walker, A. Young, R. Smith, Shissias, Riser, Law, Wright, Jaskwhich, Keegan, Gamble and Wofford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT THE PETIT JURY OF THE CIRCUIT COURT RATHER THAN TWELVE MEMBERS SHALL CONSIST OF THAT NUMBER OF JURORS PROVIDED BY LAW AND THAT THE NUMBER OF JURORS OF OTHER COURTS OF THIS STATE MUST ALSO BE AS PROVIDED BY LAW.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15498SD.93), which was adopted.

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

/SECTION 1. It is proposed that Section 22, Article V of the Constitution of this State be amended to read:

"Section 22. The petit jury of the Circuit Court of General Sessions shall consist of twelve members and the number of jurors in the Court of Common Pleas and of other courts shall consist of not fewer than six and not more than twelve members as seated by the court and all jurors in the civil courts shall participate in the verdict unless excused from service by the court. Unless the parties otherwise stipulate in civil actions, (1) the verdict shall be unanimous and (2) no verdict shall be taken from a jury reduced in size to fewer than six members must be determined by law. All jurors in any trial criminal court must agree to a verdict in order to render the same. The grand jury of each county, and the state grand jury, as the General Assembly may establish by general law, shall consist of


Printed Page 456 . . . . . Wednesday, January 19, 1994

eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court. Each juror must be a resident of this State and have such other qualifications as the General Assembly may prescribe.

Nothing herein shall prevent the General Assembly by law from providing that juries in magistrate's courts and in municipal courts exercising the same jurisdiction shall consist of six members."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 22, Article V of the Constitution of this State relating to grand and petit juries be amended so as to provide that the juries of all courts of this State, except for the court of general sessions and magistrate's and municipal courts, shall consist of not fewer than six nor more than twelve members as seated by the court and that in the civil courts all jurors shall participate in the verdict unless excused by the court and that the verdict in civil actions shall be unanimous and no verdict shall be taken from a jury reduced in size to fewer than six members unless the parties otherwise stipulate?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley

Printed Page 457 . . . . . Wednesday, January 19, 1994

Beatty           Breeland         Brown, H.
Brown, J.        Byrd             Carnell
Cato             Chamblee         Clyborne
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Felder           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Harvin
Harwell          Haskins          Hines
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Littlejohn
Marchbanks       McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Sturkie          Thomas
Townsend         Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whipper          Wilder, D.
Wilkes           Wilkins          Williams
Wofford          Worley           Wright
Young, A.        Young, R.

Total--110

Those who voted in the negative are:

Total--0

Printed Page 458 . . . . . Wednesday, January 19, 1994

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

H. 3180--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3180 -- Reps. Corning, Hallman, Rogers, Shissias, Scott, Klauber, Jaskwhich, Holt, R. Young, J. Bailey, Waites, Kelley and Graham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS INCLUDING PROVISIONS FOR FEES, AND PENALTIES.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7145BD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 61-10-20, SECTION 1, page 1, beginning on line 41, and inserting:

/Section 61-10-20. The commission may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and payment of a biennial brewpub permit fee of two thousand dollars./

Amend further by striking Section 61-10-70, SECTION 1, page 2, beginning on line 39, and inserting:

/Section 61-10-70. The commission shall promulgate regulations for the appropriate enforcement of this chapter./

Amend also by striking all references to "Alcohol Beverage Control Commission" and substituting therefore "Department of Revenue and Taxation"

Amend title to conform.

Rep. CORNING explained the amendment.

The amendment was then adopted.

The question then recurred to the passage of the Bill on second reading.


Printed Page 459 . . . . . Wednesday, January 19, 1994

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Yeas 57; Nays 40

Those who voted in the affirmative are:

Bailey, G.       Bailey, J.       Barber
Baxley           Beatty           Breeland
Brown, G.        Byrd             Carnell
Cobb-Hunter      Corning          Cromer
Elliott          Felder           Fulmer
Gonzales         Govan            Hallman
Harrelson        Harris, P.       Harvin
Hodges           Holt             Houck
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Klauber
Lanford          Law              McKay
McTeer           Neal             Quinn
Richardson       Riser            Scott
Sheheen          Shissias         Smith, D.
Snow             Spearman         Sturkie
Thomas           Tucker           Waites
Waldrop          Wilder, D.       Wilkes
Wofford          Worley           Wright

Total--57

Those who voted in the negative are:

Alexander, T.C.  Allison          Anderson
Baker            Cato             Cooper
Davenport        Delleney         Fair
Farr             Gamble           Harris, J.
Haskins          Huff             Inabinett
Kirsh            Koon             Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McMahand         Meacham
Moody-Lawrence   Phillips         Rhoad
Rudnick          Simrill          Smith, R.
Stille           Stoddard         Stone
Stuart           Townsend         Trotter

Printed Page 460 . . . . . Wednesday, January 19, 1994

Vaughn           Walker           Wells
Wilder, J.

Total--40

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


| Printed Page 440, Jan. 19 | Printed Page 460, Jan. 19 |

Page Finder Index