Journal of the House of Representatives
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 710, Feb. 13 | Printed Page 730, Feb. 13 |
Printed Page 723 . . . . . Tuesday, February 13, 1996
H. 4594 -- Reps. Witherspoon, Sharpe, Herdklotz, McCraw, McTeer, Riser, McElveen, Fleming, Cromer, Limehouse and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES,
Printed Page 724 . . . . . Tuesday, February 13, 1996
SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4597 -- Reps. Harrell, Townsend, Wilkins, Allison, Quinn, Harrison, Richardson, Knotts, Koon, Worley, J. Brown, Law, Lanford, Cain, Riser, Cooper, Rhoad, Kirsh, Walker, Waldrop, Keegan, Kelley, Shissias, Limbaugh, Boan, Stuart, H. Brown, Wells, Klauber, J. Young, Hallman, Limehouse, Fulmer, Cotty, Whatley, Wright, Simrill, Davenport, Hutson, Littlejohn, D. Smith, Sharpe, Seithel, Vaughn, Wofford, Dantzler, Rice, Cato, R. Smith, Haskins, Mason, Jaskwhich, Marchbanks, Thomas, Young-Brickell, Herdklotz, Trotter, Robinson, Sandifer, Stille, Witherspoon and Loftis: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL ACCOUNTABILITY ACT OF 1996" INCLUDING PROVISIONS TO DIRECT THE STATE BOARD OF EDUCATION TO REPEAL ALL REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THE SCHOOL ACCOUNTABILITY ACT OF 1996 AS WELL AS THOSE WHICH ADDRESS ISSUES WHICH SHOULD BE DECIDED BY EACH SCHOOL DISTRICT AS A MATTER OF LOCAL SCHOOL BOARD POLICY; TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 SO AS TO ESTABLISH BENCHMARKS OF SUCCESS WHICH MUST BE ACHIEVED BY EVERY PUBLIC SCHOOL IN THIS STATE BY SPECIFIED YEARS, TO ESTABLISH A JOINT COMMITTEE TO REVIEW THE ELEMENTS OF THE EDUCATION FINANCE ACT FOUNDATION PROGRAM AND RECOMMEND REVISIONS, TO PROVIDE THAT CERTAIN EDUCATION IMPROVEMENT ACT FUNDS SHALL BE ALLOCATED AND DISTRIBUTED TO LOCAL SCHOOLS AND DISTRICTS AS LOCAL SCHOOL INNOVATION FUNDS, TO REQUIRE EACH SCHOOL DISTRICT TO RETAIN AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM TO CONDUCT AN ANNUAL AUDIT OF FUNDS EXPENDED BY THE DISTRICT, TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO EVALUATE EACH PUBLIC

Printed Page 725 . . . . . Tuesday, February 13, 1996
SCHOOL USING THE ABOVE BENCHMARKS OF SUCCESS AND CLASSIFY EACH SCHOOL AS SUCCESSFUL, IMPROVING, ADVISED, WARNED, OR SUBSTANDARD, AND TO PROVIDE FOR PROCEDURAL REWARDS, REMEDIES, AND REQUIRED CORRECTIVE ACTION, IF APPLICABLE, BASED ON EACH CLASSIFICATION; BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1996 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE THAT CURRENT MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE; BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1996, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR; BY ADDING SECTION 59-19-91 SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF LOCAL SCHOOL BOARDS OF TRUSTEES; BY ADDING SECTION 59-19-92 SO AS TO PROVIDE THAT AFTER THE 1996 GENERAL ELECTION, IT SHALL BE UNLAWFUL FOR A SCHOOL TRUSTEE TO RECEIVE PAY AS AN EMPLOYEE OF A PUBLIC SCHOOL THAT IS LOCATED IN THE SAME DISTRICT OF WHICH THAT PERSON IS A TRUSTEE; AND BY ADDING SECTION 59-24-65 SO AS TO FURTHER PROVIDE FOR THE POWERS, DUTIES, AND RESPONSIBILITIES OF SCHOOL SUPERINTENDENTS AND HOW THESE POWERS, DUTIES, AND RESPONSIBILITIES INTERACT WITH THOSE OF THE LOCAL SCHOOL BOARD OF TRUSTEES.

Referred to Committee on Education and Public Works.

Printed Page 726 . . . . . Tuesday, February 13, 1996
H. 4598 -- Reps. Herdklotz, Kirsh, Cotty, Rice, Easterday, Haskins, Rhoad, Kelley, Wells, Tripp and Fleming: A BILL TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4599 -- Reps. Herdklotz, Sandifer, Cain, Rice, Easterday, Haskins, Limehouse, Kirsh, Kelley, Tripp, Rhoad and Fleming: A BILL TO AMEND SECTION 58-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "PUBLIC UTILITY", SO AS TO PROVIDE THAT A CORPORATION OR PERSON FURNISHING STEAM FOR PURPOSES OTHER THAN RESIDENTIAL HOME HEATING SHALL NOT BE CONSIDERED A PUBLIC UTILITY BY VIRTUE OF FURNISHING THE STEAM.

Referred to Committee on Labor, Commerce and Industry.

H. 4603 -- Reps. McCraw and Phillips: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 4 WITH BOW AND ARROW SHALL BE AS SET BY THE DEPARTMENT OF NATURAL RESOURCES BETWEEN AUGUST FIFTEENTH AND JANUARY FIRST.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4607 -- Reps. Townsend and Kirsh: A BILL TO AMEND SECTION 59-6-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION, SO AS TO ADD THE CHAIRMAN OF THE HOUSE EDUCATION AND PUBLIC

Printed Page 727 . . . . . Tuesday, February 13, 1996
WORKS COMMITTEE AND THE CHAIRMAN OF THE SENATE EDUCATION COMMITTEE, OR THEIR DESIGNEES, AS MEMBERS OF THE PARTNERSHIP.

Referred to Committee on Education and Public Works.

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

Referred to Committee on Judiciary.

S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.

Referred to Committee on Labor, Commerce and Industry.

S. 606 -- Senator Short: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28

Printed Page 728 . . . . . Tuesday, February 13, 1996
SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.

Referred to Committee on Education and Public Works.

S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

On motion of Rep. MARCHBANKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:

H. 4595 -- Reps. Wilkins and Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, FEBRUARY 20, 1996.

Be it resolved by the House of Representatives, the Senate concurring:

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General

Printed Page 729 . . . . . Tuesday, February 13, 1996
Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, February 20, 1996.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4596 -- Reps. R. Smith, Clyburn and Mason: A HOUSE RESOLUTION TO CONGRATULATE LEAVELLE MCCAMPBELL MIDDLE SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR RECEIVING THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD FOR A MIDDLE SCHOOL, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4604 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

| Printed Page 710, Feb. 13 | Printed Page 730, Feb. 13 |
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