Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1350, Mar. 28 | Printed Page 1370, Mar. 29 |

Printed Page 1360 . . . . . Thursday, March 28, 1996

of South Carolina Association of Independent Home Schools the associations meeting the requirements of this section exempts the home school from the further requirements of Section 59-65-40.

The State Department of Education shall conduct annually a review of the association standards and membership reporting procedures to insure that requirements of the association, at a minimum, include:

(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;

(b) the instructional year is at least one hundred eighty days; and

(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature.;

(d) evidence that a student is receiving regular instruction, to include the following records which shall be maintained by the parent-teacher:

(1) a plan book, diary, or other written record indicating subjects taught and activities in which the student and parent-teacher engage;

(2) a portfolio of samples of the student's academic work;

(3) a semiannual progress report including attendance records and individualized documentation of the student's academic progress in each of the basic instructional areas specified in item (c) above; and

(e) students must have access to library facilities.
By January thirtieth of each year, the South Carolina Association of Independent Home Schools all associations shall report the number and grade level of children home schooled through the association to the children's respective school districts."/.

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

Amendment No. 3

Senator GIESE proposed the following Amendment No. 3 (GJK\22421JM.96):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/Section .The 1976 Code is amended by adding:

"Section 59-39-180. Notwithstanding any other provision of this title, home-schooled students who are of high school age and whose course of


Printed Page 1361 . . . . . Thursday, March 28, 1996

study is at the high school level shall have the opportunity to participate in any of the extracurricular activities offered by the public high school in the home-schooled student's attendance zone as long as the school district where the home-schooled student resides has agreed to such participation on a district-wide basis for all of the high schools in that district."/

Renumber sections to conform.

Amend totals and title to conform.

Senator GIESE explained the amendment.

Senator RANKIN spoke on the amendment.

On motion of Senator DRUMMOND, the Bill was carried over.

CARRIED OVER

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator DRUMMOND, the Bill was carried over.


Printed Page 1362 . . . . . Thursday, March 28, 1996

AMENDED, CARRIED OVER

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (3897R002.GS) proposed by Senator GREG SMITH and previously printed in the Journal of Wednesday, March 13, 1996.

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 50-21-860 of the 1976 Code is amended to read:

"Section 50-21-860. As used in this section, `airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.

(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.

(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.

(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.

Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.

The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters." /

Amend title to conform.

Senator GREG SMITH explained the Bill.

The amendment was adopted.

On motion of Senator PEELER, the Bill was carried over.


Printed Page 1363 . . . . . Thursday, March 28, 1996

ADOPTION OF AMENDMENT RECONSIDERED

AMENDMENT WITHDRAWN

READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Senator PEELER asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 1 (3897R002.GS), proposed by Senator GREG SMITH, was adopted.

The motion was adopted.

The question then was the adoption of Amendment No. 1 (3897R002.GS), proposed by Senator GREG SMITH.

On motion of Senator GREG SMITH, with unanimous consent, Amendment No. 1 was withdrawn.

The question then was the third reading of the Bill.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

COMMITTED

S. 1239 -- Senators Thomas, J. Verne Smith, Bryan, Fair and Boan: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO REDUCE THE AREA TO ONLY INCLUDE SPARTANBURG COUNTY WITHIN THE ENVIRONS AREA, TO CHANGE THE


Printed Page 1364 . . . . . Thursday, March 28, 1996

NAME OF THE ENVIRONS PLANNING COMMISSION, AND DELETE FROM THE MEMBERSHIP OF THE COMMISSION MEMBERS REPRESENTING GREENVILLE COUNTY AND THE CITY OF MAULDIN.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator THOMAS, with unanimous consent, the Bill was committed to the Greenville County Delegation.

DEBATE ADJOURNED

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator RANKIN moved to adjourn debate on the Bill.

Objection

Senator BRYAN moved to carry over the Bill.

Senator RANKIN objected.

Point of Order

Senator McCONNELL raised a Point of Order that the motion to carry over was out of order inasmuch as the motion to adjourn debate on the Bill was a higher motion.

The PRESIDENT sustained the Point of Order.

The question then was the motion to adjourn debate on the Bill.

Debate was adjourned on the Bill.


Printed Page 1365 . . . . . Thursday, March 28, 1996

MOTION ADOPTED

On motion of Senator ELLIOTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Kathleen Prevatte of Dillon, S.C., beloved grandmother of Assistant Sgt.-at-Arms Roger Beaver.

Time Fixed

Senator DRUMMOND moved that when the Senate adjourns on Friday, March 29, 1996, it stand adjourned to meet next Tuesday, April 2, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 11:55 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 1366 . . . . . Friday, March 29, 1996

Friday, March 29, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator COURSON.

REPORT RECEIVED

COMMITTEE TO SCREEN CANDIDATES

FOR BOARDS OF TRUSTEES

OF STATE COLLEGES AND UNIVERSITIES

MEMORANDUM TO: Clerk of the Senate

Clerk of the House
RE:Transcript of Hearings

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Eugene C. Stoddard
Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidate for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

The Citadel - Two seats (at-large)

Col. Leonard C. Fulghum, Jr. (Charleston)

J. Palmer Gaillard, III (Charleston)


Printed Page 1367 . . . . . Friday, March 29, 1996

Douglas A. Snyder (Columbia)

Xavier Starkes (Columbia)

Clemson University - Three seats (at-large)

T. Moffatt Burriss (Eastover)

Joel W. Collins, Jr. (Columbia)

Louis B. Lynn (Columbia)

Davis T. Moorhead (Pendleton)

Howard N. Rawl (Gilbert)

Virginia C. Skelton (Clemson)

William C. Smith, Jr. (Columbia)

Allen P. Wood (Florence)

College of Charleston - Seven seats (six congressional districts and one at-large)

lst District, Seat 2

Cherry Daniel (Charleston)

John B. Williams (Moncks Corner)

2nd District, Seat 4

Joel H. Smith (Columbia)

3rd District, Seat 6

J. Philip Bell (Greenwood)

4th District, Seat 8

Merl F. Code (Greenville)

5th District, Seat 10

J. Vincent Price, Jr. (Gaffney)

6th District, Seat 12

Marie M. Land (Manning)

At-large, Seat 14

Timothy N. Dangerfield (Aiken)

Francis Marion University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

J. Michael Murphree (Summerville)

2nd District, Seat 4

Gail Richardson (Barnwell)

3rd District, Seat 6

William A. Collins (Greenwood)

4th District, Seat 8

Alex Kiriakides, III (Greenville)


Printed Page 1368 . . . . . Friday, March 29, 1996

5th District, Seat 10

Lorraine H. Knight (Hartsville)

6th District, Seat 12

William W. Coleman, Jr. (Florence)

At-large, Seat 14

M. Russell Holliday, Jr. (Galivants Ferry)

Lander University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

Nancy J. Cash (Charleston)

2nd District, Seat 4

George R. Starnes (Columbia)

3rd District, Seat 6

Jean T. McFerrin (Aiken)

4th District, Seat 8

C. Tyrone Gilmore (Spartanburg)

5th District, Seat 10

S. Anne Walker (Columbia)

6th District, Seat 12

Walter D. Smith (Florence)

At-large, Seat 14

Ann B. Bowen (Greenwood)

Glenas Deloris Green (Greenwood)

Medical University of S.C. - Six seats (Congressional districts - three from medical and three non-medical professions)

Medical

4th District

Dr. Charles B. Thomas, Jr. (Simpsonville)

5th District

Dr. Cotesworth P. Fishburne, Jr. (Rock Hill)

6th District

Dr. E. Conyers O'Bryan (Florence)

Non-medical

1st District

Melvyn Berlinsky (Charleston)

2nd District

H. Donald McElveen (Columbia)


Printed Page 1369 . . . . . Friday, March 29, 1996

3rd District

Jack F. McIntosh (Anderson)

Fred Moore (Honea Path)

South Carolina State University - Two seats (at-large)

At-large, Seat 11

John Williams, Jr. (Orangeburg)

At-large, Seat 12

Walter L. Salters (Orangeburg)

Johnnie M. Smith (Greenville)

University of South Carolina - Eight seats (Judicial circuits)

2nd Circuit

Patrick D. Cunning (Aiken)

Miles Loadholt (Barnwell)

4th Circuit

J. DuPre Miller (Bennettsville)

6th Circuit

James Bradley (Lancaster)

8th Circuit

Herbert C. Adams (Laurens)

10th Circuit

Brian A. Comer (Anderson)

Robert N. McLellan (Seneca)

14th Circuit

Helen C. Harvey (Beaufort)

15th Circuit

M. Wayne Stanton (Conway)

16th Circuit

Samuel R. Foster, II (Rock Hill)

Wil Lou Gray Opportunity School - Four seats (at-large)

Dr. Marvin Efron (Cayce)

Wilhelmina McBride (Columbia)

Mary F. "Frankie" Newman (West Cola)

Suzanne Turner Reynolds (Gaffney)

Olive Wilson (Williamston)

Winthrop University - Two seats (at-large)

Jane C. Shuler (Orangeburg)


| Printed Page 1350, Mar. 28 | Printed Page 1370, Mar. 29 |

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