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 480, Jan. 20 | Printed Page 500, Jan. 20 |

Printed Page 490 . . . . . Thursday, January 20, 1994

SECTION 18. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a) as required by law; or

(b) before a court under the unified judicial system or the Administrative Law Judge Division.

(5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

SECTION 19. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:

(a) as required by law;

(b) before a court under the unified judicial system; or

(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."

SECTION 20. Section 8-13-745(D) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(D) The provisions of this section do not apply to any court of the unified judicial system or to the Administrative Law Judge Division."

SECTION 21. Section 8-13-775 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:


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"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."

SECTION 22. Section 8-13-1110(B)(12) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(12) a consultant."

SECTION 23. Section 8-13-1120(A)(3)(b), (4), and the first five lines of (6)(a) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:

"(b) if the a sale, lease, or rental of personal or real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or

(4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;

(6)(a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"

SECTION 24. Section 8-13-1150 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1150. A consultant must file a statement of economic interests for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State and must


Printed Page 492 . . . . . Thursday, January 20, 1994

file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:

(1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or

(2) where the entity was awarded a contract by the consultant."

SECTION 25. Section 8-13-1160(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(A) 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 26. Section 8-13-1160(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(B) Within two five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."

SECTION 27. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(4) `Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."

SECTION 28. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"(9) `Election' means:

(a) a general, special, primary, or runoff election;

(b) a convention or caucus of a political party held to nominate a candidate; or

(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State. ; or

(d) an election at which a ballot measure or referendum appears on the ballot."


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SECTION 29. Section 8-13-1308 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D).

(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.

(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.

(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the twenty-day period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.

(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days the calendar quarter in which the election is conducted or twenty days before the election, whichever is greater, before the election in excess of:

(a) ten thousand dollars in the case of a candidate for statewide office; or

(b) two thousand dollars in the case of a candidate for any other office.

(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.


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(E) Notwithstanding the provisions of subsection (B), if a pre-election campaign report provided for in subsection (D) is required to be filed in the following calendar quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provision of subsection (D) no later than fifteen days before the election.

(E)(F) Certified campaign reports detailing campaign contributions and expenditures must contain:

(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:


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"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."

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.

The amendment was then adopted.

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

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 4416 -- Rep. Waldrop: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON SATURDAY AND SUNDAY, FEBRUARY 5 AND 6, 1994.


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H. 4416--AMENDED AND ADOPTED

The following House Resolution was taken up.

H. 4416 -- Rep. Waldrop: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE BLATT BUILDING ON SATURDAY AND SUNDAY, FEBRUARY 5 and 6, 1994.

Be it resolved by the House of Representatives:

That the South Carolina Junior Chamber of Commerce is authorized to use the Blatt Building on Saturday and Sunday, February 5 and 6, 1994, if the House is not in statewide session on those days, for the purpose of involving the Junior Chamber of Commerce in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that there shall be no cost to the South Carolina Junior Chamber of Commerce for the use of the Blatt Building.

The House Rules Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20268SD.94), which was adopted.

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

/That the South Carolina Junior Chamber of Commerce is authorized to use the Blatt Building on Saturday and Sunday, February 5 and 6, 1994, if the House is not in statewide session on those days, for the purpose of involving the Junior Chamber of Commerce in the legislative process and for the purpose of conducting a model legislature.

Be it further resolved that there shall be no cost to the South Carolina Junior Chamber of Commerce for the use of the Blatt Building./

Amend the resolution further, as and if amended by striking the title and inserting:

/TO AUTHORIZE THE SOUTH CAROLINA JUNIOR CHAMBER OF COMMERCE TO USE THE BLATT BUILDING ON SATURDAY AND SUNDAY, FEBRUARY 5 AND 6, 1994.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Resolution, as amended, was adopted.


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RECORD FOR JOURNAL

In the belief that the House Chamber is a public facility and therefore should be made available to responsible groups who wish to use it, I voted against this Report of the Rules Committee, which prohibits the S.C. Jaycees from using the Chamber, and consigns them instead to the Blatt Building.

Rep. MIKE BAXLEY

H. 4585--ADOPTED

The following was introduced:

H. 4585 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4332, RELATING TO CONGRESSIONAL REAPPORTIONMENT, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING ROLL CALL ON TUESDAY, JANUARY 25, 1994, AND TO PROVIDE, FOLLOWING ROLL CALL ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4332 UNTIL THIRD READING OR OTHER DISPOSITION; AND TO SET BY SPECIAL ORDER H. 4333, RELATING TO REAPPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OR OTHER DISPOSITION OF H.4332 AND TO PROVIDE, FOLLOWING ROLL CALL ON EACH LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4333 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4332, relating to Congressional reapportionment, is set by special order for second reading or other consideration immediately following roll call on Tuesday, January 25, 1994, and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4332 until third reading or other disposition.

Be it further resolved that H.4333, relating to reapportionment of the House of Representatives, is set by special order for second reading or other consideration immediately following third reading or other disposition of H.4332 and to provide, following roll call on each legislative day, for the continuing special order consideration of H.4333 until third reading or other disposition.

Rep. McTEER explained the Resolution.

The question then recurred to the adoption of the Resolution.


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

The Resolution was adopted by a division vote of 80 to 1.

H. 3304--POINT OF ORDER

The following Bill was taken up.

H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.

POINT OF ORDER

Rep. SCOTT 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.

H. 3327--POINT OF ORDER

The following Bill was taken up.

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

Rep. SNOW explained the Bill.

POINT OF ORDER

Rep. HOLT 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.

H. 3357--POINT OF ORDER

The following Bill was taken up.

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS


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TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

Rep. SNOW explained the Bill.

Rep. RICHARDSON moved to table the Bill, which was not agreed to.

POINT OF ORDER

Rep. RICHARDSON 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.

H. 3549--POINT OF ORDER

The following Bill was taken up.

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

POINT OF ORDER

Rep. TUCKER 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.

H. 3916--POINT OF ORDER

The following Bill was taken up.

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7547BDW.94).

Amend the bill, as and if amended, by striking Section 50-11-65(G), page 2, beginning on line 21, and inserting:


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