Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 840, Feb. 9 | Printed Page 860, Feb. 9 |

Printed Page 850 . . . . . Thursday, February 9, 1995

H. 3568 -- Reps. Hutson, Law, Hallman, Quinn, Meacham, Cato, Davenport, Gamble, Simrill, Seithel, Limbaugh, S. Whipper, Haskins, Wilder, Waldrop, Vaughn, Carnell, McCraw, Cain, Lanford, Marchbanks, J. Harris, Shissias, Limehouse, Trotter, Phillips, Fair, Wofford, Fulmer, Riser, Kinon, Whatley, Wells, Rhoad, Witherspoon, Easterday, Cromer, Dantzler and Stuart: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY, THE APPOINTMENT OF ATTORNEYS, AND THE PROVISION OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES FOR INDIGENTS FACING THE DEATH PENALTY, SO AS TO REQUIRE THE JUDICIAL DEPARTMENT TO SATISFY OUTSTANDING AWARDS OF ATTORNEY FEES OR EXPENSES IN DEATH PENALTY CASES UPON THE EXHAUSTION OF FUNDS PROVIDED BY THE OFFICE OF INDIGENT DEFENSE, TO REVISE THE OBLIGATION OF THE OFFICE OF INDIGENT DEFENSE FOR PAYMENT OF INVESTIGATIVE, EXPERT, AND OTHER SERVICES, AND TO REQUIRE THE JUDICIAL DEPARTMENT TO DEVELOP BIENNIALLY A LIST OF STANDARD FEES ASSOCIATED WITH THE DEFENSE OF AN INDIGENT PERSON IN A DEATH PENALTY CASE.

Referred to Committee on Ways and Means.

H. 3569 -- Reps. Rice, Phillips, Neilson, Robinson, Vaughn, Huff, Mason and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 64 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR SPECIAL PURPOSE DISTRICT COMMISSIONERS.

Referred to Committee on Education and Public Works.

H. 3570 -- Reps. Knotts, Wright, Davenport, Bailey and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-435 SO AS TO MAKE AN ALCOHOLIC BEVERAGE RETAIL DEALER'S LICENSE


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TRANSFERABLE TO ANOTHER HOLDER BY SALE OR WILL OR OPERATION OF LAW AND PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH THIS TRANSFER MAY OCCUR; TO AUTHORIZE A RETAIL LICENSE TO BE MOVED TO A NEW LOCATION AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THIS MOVE MAY OCCUR; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO ALCOHOLIC BEVERAGE LICENSE TAXES, SO AS TO INCREASE THE LICENSE TAX ON THE BIENNIAL RETAIL DEALER'S LICENSE FROM ONE THOUSAND TWO HUNDRED DOLLARS TO TWO THOUSAND FOUR HUNDRED DOLLARS; TO AMEND SECTION 61-3-480, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO LIMIT THE NUMBER OF ALCOHOLIC BEVERAGE RETAIL OUTLETS IN A POLITICAL SUBDIVISION, SO AS TO PROVIDE A MAXIMUM NUMBER OF RETAIL DEALER'S LICENSES ALLOWED IN A COUNTY BASED ON POPULATION, ALLOW CURRENT LICENSES TO BE RENEWED REGARDLESS OF THE LIMIT, AND ALLOW A LICENSE IN A MUNICIPALITY WITH NO LOCATION REGARDLESS OF THE LIMITATION, AND PROVIDE FOR THE ISSUING OF RETAIL LICENSES BY LOT WHEN THE NUMBER OF APPLICANTS EXCEED THE NUMBER OF LICENSES AVAILABLE.

Referred to Committee on Labor, Commerce and Industry.

H. 3571 -- Rep. Littlejohn: A BILL TO AMEND SECTION 12-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF PROPERTY TAXES UNDER APPEAL AND INTEREST ON UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO REDUCE THE MONTHLY INTEREST RATE ON OVERPAYMENTS AND UNDERPAYMENTS FROM ONE PERCENT A MONTH TO SIXTY-SEVEN HUNDREDTHS OF A PERCENT A MONTH AND TO AUTHORIZE A TAXPAYER DUE A REFUND TO WAIVE THE RECEIPT OF INTEREST.

Referred to Committee on Ways and Means.

H. 3572 -- Reps. Littlejohn, Trotter, Tripp, Haskins, Vaughn, Fair, Seithel, S. Whipper, Moody-Lawrence, Harrison, Delleney, Stuart, A. Young, Fleming, Hutson, G. Brown, H. Brown, Cave, Wilder, Richardson, White, Meacham, Lloyd, Cotty, Neilson, Kennedy, Jaskwhich, Hines, Bailey, Simrill, Walker, Wofford, Phillips, Stille, Shissias, Kelley, Sandifer, Inabinett, Limehouse, Huff, Anderson,


Printed Page 852 . . . . . Thursday, February 9, 1995

McMahand, L. Whipper, R. Smith, Beatty, Witherspoon, Easterday, Herdklotz, Jennings, Keegan, Neal, Askins, Quinn, Koon, Thomas, Byrd, Keyserling, Gamble, Canty, T. Brown, J. Harris, Cooper, Dantzler, Klauber, McAbee, Knotts, Law, Rice, Kirsh, J. Young, Harvin, Cromer, Kinon, Martin and Carnell: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM TWENTY TO FORTY THOUSAND DOLLARS PHASED IN OVER FOUR PROPERTY TAX YEARS.

Referred to Committee on Ways and Means.

H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BAILEY a temporary leave of absence for the remainder of the day to attend a meeting at DHEC.

H. 3338--AMENDED, OBJECTION AND POINT OF ORDER

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE


Printed Page 853 . . . . . Thursday, February 9, 1995

THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1705DW.95), which was adopted.

Amend the bill, as and if amended, Page 2, Line 11, by striking Section 8-13-1315(A) and inserting:

/(A) A candidate, committee, campaign worker, or political party official may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official in order to seek to affect the outcome of the election. An election official may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, receive, or agree to


Printed Page 854 . . . . . Thursday, February 9, 1995

receive anything of value from a candidate, committee, campaign worker, or political party official which has been offered in order to seek to affect the outcome of the election./

Amend the bill further, Page 3, Line 35, in Section 8-13-1300(10)(B), by inserting after /appointed/ /where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election./

When amended, Section 8-13-1300(10)(B) shall read:

/(B) `Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed; a member or employee of a combined election commission and voter registration board, whether elected or appointed; a member or employee of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager or poll worker, whether elected or appointed where the election official has jurisdiction over any election in which the candidate, committee, campaign worker, or political party official is a candidate or seeks to affect the outcome of any election/.

Amend the bill further, Page 3, by striking Lines 40 through 42, and Page 4, Lines 1 and 2 and inserting:

/(30) `Transfer' means the movement or exchange of funds or anything of value between committees and candidates, or between a candidate, committee, campaign worker, or political party official and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article./

Amend the bill further, Page 4, by inserting immediately after Line 23:

/(2) Any campaign worker or other individual who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below./

Amend the bill further, Page 4, Line 24, by striking /(2)/ and inserting /(3)/.

Amend the bill further, Page 4, Line 34, by striking /(3)/ and inserting /(4)/.

Amend the bill further, Page 4, by inserting immediately after Line 40 /(5)/:


Printed Page 855 . . . . . Thursday, February 9, 1995

/(5) Whenever any individual, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that individual, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section./

When amended, Section 8-13-1348(C) as contained in SECTION 5 shall read:

/(C)(1) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. Any payment to any individual which is related to efforts by or on behalf of a candidate, committee, public official, or political party in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the passage or defeat of a public question, or to efforts directly to promote or encourage the participation of voters in an election including, but not limited to, payments made to campaign workers and payments to other individuals which are intended for further transfer to election-day workers or other ultimate payees, must be made by check payable to the named individual, and the payment may not be made in currency.

(2) Any campaign worker or other individual who shall receive a payment which is intended for further transfer to election-day workers or other ultimate payees shall make such further payments by check only payable to the ultimate payee, and the payment may not be made in currency, and such payments shall be documented as provided in subsection (4) below.
(3) Any payment to a candidate, committee, public official, political party, or to any other person, association or group, by a candidate or committee or by any other person, association or group, which payment is related to efforts in aid of or to promote the candidacy of an individual for nomination for election or for election to elective public office or the


Printed Page 856 . . . . . Thursday, February 9, 1995

passage or defeat of public questions, or to efforts directly to promote or encourage the participation of voters in an election must be made by check payable to the named committee, person, association, or group, and the payment may not be made in currency.

(4) When funds are paid to an individual recipient from a campaign account under the provisions of this subsection, all funds expended by this individual must be documented as to the specific goods and services obtained. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Sections 7-25-50 and 7-25-60 (bribery at elections) if he does not comply with the provisions of this subsection.

(5) Whenever any individual, partnership, association, or corporation provides to any candidate, campaign, or political party services, materials, facilities, or other things of value for which that individual, partnership, association, or corporation normally receives compensation and receives no compensation or compensation which is less than the fair market value of those services, materials, facilities, or other things of value, all such services, materials, facilities, or other things of value, with both their actual costs to the candidate, campaign, or political party and their fair market value must be documented. This documentation must be maintained and included in campaign reports. A candidate is deemed to have violated Section 7-25-50 and 7-25-60 (bribery at election) if he does not comply with the provisions of this section./

Amend the bill further, Page 5, by striking Section 8-13-1348(D) and inserting:

/(D) (1) An expenditure may not be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.

(2) No candidate or duly authorized officer or committee may pay any person for transporting electors to polling places any amount other than reimbursement for actual costs and expenses of operating the vehicle, which amount may not exceed that mileage allowed by law for members of state boards and commissions.

(3) No candidate or duly authorized officer or committee may pay and no person may receive in payment for transporting electors to polling places any amount from any candidates or duly authorized officers or committees which payments alone or when aggregated for any election day would exceed the amount paid official poll managers by the State Election


Printed Page 857 . . . . . Thursday, February 9, 1995

Commission pursuant to the provisions of Section 7-23-10, or fifty dollars, whichever is greater./

Renumber sections to conform.

Amend title to conform.

Rep. CROMER continued speaking.

MOTION NOTED

Rep. PHILLIPS moved to reconsider the vote whereby H. 3083 was given a third reading and the motion was noted.

Rep. CROMER continued speaking.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Rep. CROMER explained the Bill.

Rep. ANDERSON objected to the Bill.

POINT OF ORDER

Rep. ANDERSON 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. 3083--MOTION TO RECONSIDER TABLED

The motion of Rep. PHILLIPS to reconsider the vote whereby the following Joint Resolution was given a third reading was taken up.

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE


Printed Page 858 . . . . . Thursday, February 9, 1995

OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Rep. CROMER moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 22

Those who voted in the affirmative are:

Allison          Baxley           Brown, H.
Cain             Carnell          Cato
Chamblee         Clyburn          Cooper
Cotty            Cromer           Dantzler
Davenport        Easterday        Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harvin
Harwell          Huff             Hutson
Keegan           Kelley           Keyserling
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           McKay            Meacham
Neilson          Phillips         Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Shissias
Simrill          Smith, D.        Smith, R.
Stille           Stuart           Tripp
Trotter          Tucker           Vaughn
Wells            Whatley          Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--70

Those who voted in the negative are:

Anderson         Breeland         Brown, J.
Brown, T.        Canty            Cave
Fair             Govan            Herdklotz
Howard           Martin           McElveen


Printed Page 859 . . . . . Thursday, February 9, 1995

McMahand         McTeer           Moody-Lawrence
Neal             Rhoad            Sheheen
Stoddard         Whipper, L.      Whipper, S.
White

Total--22

So, the motion to reconsider was tabled.

H. 3106--POINT OF ORDER

The following Bill was taken up.

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

POINT OF ORDER

Rep. ROGERS 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. 3189--POINT OF ORDER

The following Bill was taken up.

H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS


Printed Page 860 . . . . . Thursday, February 9, 1995

OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.


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