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

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Printed Page 8145 . . . . . Thursday, June 2, 1994
(R586) H. 4330 -- Reps. Fair, Corning, Snow and Harvin: AN ACT TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING A MOTOR VEHICLE IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO THE LENGTH OF MOTOR VEHICLES AND COMBINATIONS OF VEHICLES, SO AS TO CHANGE CERTAIN REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION, REVISE THE LENGTH LIMITATIONS FOR TRAILERS, SEMITRAILERS, TWO UNIT TRUCK TRACTOR-TRAILERS AND SEMITRAILERS, AND PROVIDE REQUIREMENTS FOR FIFTY-THREE FOOT TRAILERS.

(R587) H. 4376 -- Reps. Kirsh and Rudnick: AN ACT TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.

(R588) H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Stuart, Waldrop and Gamble: AN ACT TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR CERTAIN COLLABORATION ACTIVITIES AMONG SCHOOLS,

Printed Page 8146 . . . . . Thursday, June 2, 1994
EDUCATIONAL AGENCIES, AND VARIOUS ENTITIES TO PREVENT SCHOOL VIOLENCE, FOR PARENTAL RESPONSIBILITY TO PREVENT SCHOOL VIOLENCE, AND FOR JUDICIAL RESPONSES TO SCHOOL VIOLENCE AND TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTICE TO HIS PARENTS, SO AS TO PROVIDE FOR CERTAIN OTHER NOTICES, FOR THE CONDITIONS UNDER WHICH THE CHILD MAY BE RELEASED, AND FOR OTHER RELATED MATTERS; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE PARENTS TO APPEAR BEFORE IT REGARDING CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR; BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY PROBATION ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT OF ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN BEING RELEASED FROM CONFINEMENT FACILITIES.

(R589) H. 4460 -- Rep. McTeer: AN ACT TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE AND TO PROVIDE THAT MATERNITY LEAVE INCLUDES PATERNITY LEAVE, TO EXTEND THE ELECTION PERIOD FOR THE RETIREMENT INCENTIVE IN THE CASE OF CERTAIN STATEWIDE APPOINTED OFFICIALS AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD THROUGH DECEMBER 15, 1995, TO WAIVE CERTAIN YEARS OF SERVICE REQUIREMENTS FOR STATE-PAID HEALTH INSURANCE BENEFITS FOR A RETIREE.

Printed Page 8147 . . . . . Thursday, June 2, 1994
(R590) H. 4473 -- Reps. Snow, Law and Riser: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S PLACE OF CONFINEMENT AND WORK AT PAID EMPLOYMENT, SO AS TO PROHIBIT THE PLACE OF CONFINEMENT OF CERTAIN PRISONERS FROM BEING EXTENDED; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER WORKING AT PAID EMPLOYMENT, SO AS TO FURTHER PROVIDE FOR THOSE PRISONERS WHICH QUALIFY AND TO PROVIDE THAT NO PRISONER WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS ELIGIBLE FOR UNEMPLOYMENT COMPENSATION UPON TERMINATION FROM THE PROGRAM; TO AMEND SECTION 41-27-260, RELATING TO EMPLOYMENT EXEMPTED FROM THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT SERVICES PERFORMED BY AN INMATE WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS EXEMPT.

(R591) H. 4494 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: AN ACT TO AMEND SECTION 38-31-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO PROVIDE THAT A COVERED CLAIM DOES NOT INCLUDE ANY CLAIM FILED WITH THE ASSOCIATION AFTER THE FINAL DATE SET BY A COURT FOR THE FILING OF CLAIMS AGAINST THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR ANY CLAIM FILED WITH THE ASSOCIATION MORE THAN EIGHTEEN MONTHS AFTER THE DECLARATION OF INSOLVENCY, WHICHEVER DATE OCCURS FIRST, BUT THAT THIS PROVISION SHALL BE WITHOUT PREJUDICE TO THE FILING OF A CLAIM WITH THE LIQUIDATOR OR RECEIVER OF AN INSOLVENT INSURER OR THE FILING OF A CLAIM WITH ANY OTHER GUARANTY ASSOCIATION OR SIMILAR ORGANIZATION IN ANOTHER STATE.

(R592) H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder,

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Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: AN ACT TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.

(R593) H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: AN ACT TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.

(R594) H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: AN ACT TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR UPON THE LIVES OF THE TRUSTOR AND HIS SPOUSE, CHILDREN, OR PARENTS, AND BY ADDING SECTION 62-1-109 SO AS TO CLARIFY THE DUTIES OR OBLIGATIONS OF AN ATTORNEY FOR A PERSON SERVING AS FIDUCIARY.

(R595) H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

Printed Page 8149 . . . . . Thursday, June 2, 1994
TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES AND TO PROVIDE THAT THE TRANSFER PETITION AND NOTICE OF OBJECTION MAY BE FILED WITH A CIRCUIT COURT JUDGE RATHER THAN THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE.

(R596) H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: AN ACT TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE, TO DELETE THE LIMITATION ON THE INCREASED BENEFITS APPLYING ONLY TO THOSE RETIRING AFTER JUNE 30, 1990, AND TO MAKE ANY BENEFIT INCREASES PROSPECTIVE ONLY.

(R597) H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: AN ACT TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE RECIPROCITY; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING

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DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS; TO AMEND SECTION 40-51-30, AS AMENDED, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO PROVIDE FOR THE EXPIRATION OF CURRENT BOARD TERMS, INTERIM GOVERNANCE OF THE BOARD; AND STAGGERED TERMS FOR NEW APPOINTEES; AND TO REAUTHORIZE THE SOUTH CAROLINA STATE BOARD OF DENTISTRY, AND THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS.

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