Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal Father, we are grateful that You are the Source of all eternal truths and the undergirding Strength of our lives. Our human ability is unequal to the tasks and tests at hand. We dare not depend solely on our own devices and councils. To those here who pilot the ship of State, give, we pray, a revealing and steadying knowledge of their dependence upon You and Your teachings. Make plain the importance of clearing the way for divine leadership without which we labor in vain and all our endeavors are as futile props and certain to collapse.
Lord, increase our faith. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CAIN moved that when the House adjourns, it adjourn in memory of Rev. C.L. Letson of Walhalla, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 383 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST IN LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT PROPERTY, AND PROVIDE FOR RELATED MATTERS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3535 -- Reps. Delleney, Martin, Baxley, Knotts, Littlejohn, A. Young, Harrison, Wright, Sheheen, J. Harris and Thomas: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Richardson, Gamble, Lloyd, Spearman and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3922 -- Reps. Shissias, Quinn, Cotty, Howard, Neal, Scott and Rogers: A CONCURRENT RESOLUTION CONGRATULATING THE RICHLAND NORTHEAST HIGH SCHOOL MODEL UNITED NATIONS CLUB AND THE CLUB'S SPONSOR-ADVISER, MS. LYNN WASHINGTON, ON WINNING A SIXTH STRAIGHT FIRST-PLACE AWARD AT THE NATIONAL HIGH SCHOOL MODEL UN CONFERENCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3923 -- Reps. Anderson, Breeland and McMahand: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3924 -- Reps. Fair, Mason, Bailey, Haskins, Simrill, Sandifer, Tripp, Marchbanks, Trotter, Vaughn, Easterday, Rice, McMahand, Anderson, Jaskwhich, Felder and Allison: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO DELETE THE CURRENT PROVISIONS AND TO ESTABLISH MISDEMEANOR PUBLIC INDECENCY AND MISDEMEANOR INDECENT EXPOSURE, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3925 -- Rep. Richardson: A BILL TO AMEND SECTION 38-73-455(C), AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-73-455(E), AS AMENDED, RELATING TO REVIEW OF AN APPLICANT'S MOTOR VEHICLE RECORD, SO AS TO PROVIDE THAT THIS REVIEW BY AN INSURER TO DETERMINE THE APPLICABLE RATE MUST OCCUR FOR EACH APPLICANT, EXISTING POLICYHOLDERS ON RENEWAL, AND EACH OPERATOR OF AN INSURED VEHICLE; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, GRANT A SAFE DRIVER DISCOUNT BASED UPON THE INSURED'S THREE YEAR DRIVING RECORD OF NO LESS THAN TEN PERCENT SAFE DRIVER DISCOUNT AND REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR DRIVERS HAVING NO CHARGEABLE ACCIDENTS OR VIOLATIONS FOR FIVE YEARS RATHER THAN REQUIRE NO LESS THAN TWENTY PERCENT SAFE DRIVER DISCOUNT FOR THOSE ALL ELIGIBLE; TO AMEND SECTION 38-73-1420, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE EXPENSE COMPONENT FILED BY THE FACILITY FOR PREMIUMS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA SHALL REFLECT THE ACTUAL EXPENSES OF THE FACILITY FOR USE WITH THE PURE LOSS COMPONENT OF ALL CEDED RISKS AND THAT ALL RISKS CEDED TO THE FACILITY SHALL USE THE STATE UNIFORM RATE AND FACILITY PHYSICAL DAMAGE RATE; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE STATE UNIFORM RATE OR THE COMPANY'S APPROVED RATE, WHICHEVER IS GREATER, THAT A UNIFORM RATE FOR CEDED RISKS HAVING NO MERIT RATING POINTS IS ESTABLISHED OVER TWO YEARS, AND THAT A FACILITY PHYSICAL DAMAGE RATE FOR CEDED RISKS IS ESTABLISHED OVER TWO YEARS; TO AMEND SECTION 38-77-10, RELATING TO THE DECLARATION OF THE PURPOSES OF CHAPTER 77 OF TITLE 38 ON AUTOMOBILE INSURANCE, SO AS TO DELETE AND PROVIDE, AMONG OTHER THINGS, CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE STATED PURPOSE TO PROVIDE MEDICAL, SURGICAL, FUNERAL, AND DISABILITY INSURANCE BENEFITS WITHOUT REGARD TO FAULT TO BE OFFERED UNDER AUTOMOBILE INSURANCE POLICIES THAT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE, OR OTHER SECURITY, FOR MOTOR VEHICLES REGISTERED IN THIS STATE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF CHAPTER 77 OF TITLE 38 ON AUTOMOBILE INSURANCE, SO AS TO DEFINE "CEDE" OR "CESSION", "STATE UNIFORM RATE", AND "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, HOWEVER, ASSIGNED PRODUCERS "SHALL OFFER" AND "MAKE" COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE, AND THAT ALL PHYSICAL DAMAGE COVERAGES ARE CEDED AT THE FACILITY PHYSICAL DAMAGE RATE; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF A CEDING INSURER, SO AS TO CHANGE THE SECTION'S TITLE AND DELETE CERTAIN LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT THE FACILITY SHALL ACCEPT CESSIONS AT THE STATE UNIFORM RATE INCLUDING, WHEN APPLICABLE COVERAGES CONTAINED IN POLICY, THE FACILITY PHYSICAL DAMAGE RATE; TO AMEND SECTION 38-77-600, AS AMENDED, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO, AMONG OTHER THINGS, REVISE THE FORMULA USED TO CALCULATE RECOUPMENT FOR ALL PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES ISSUED OR RENEWED JUNE 30, 1995; TO AMEND SECTION 38-77-910, RELATING TO AUTOMOBILE INSURANCE AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE FOR FACILITY RATING PLANS; TO AMEND SECTION 38-77-940, AS AMENDED, RELATING TO THE PROHIBITION OF AN INSURER TO USE INDIRECT MEANS TO PENALIZE AN AGENT FOR COMPLIANCE WITH LAW, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE PROHIBITING ANY INSURER FROM DIRECTLY OR INDIRECTLY PROVIDING AN AGENT WITH A LIST OF THE TYPES OF RISKS WHICH IT CONSIDERS NECESSARY TO REINSURE IN THE FACILITY; AND TO REQUIRE ALL INSURERS SUBJECT TO THE PROVISIONS OF SECTION 38-77-280 TO SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE NO LATER THAN OCTOBER 1, 1996, WHICH FILINGS MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3926 -- Reps. Keyserling, Lloyd, Cobb-Hunter, Sandifer, Cave, Richardson, Moody-Lawrence, Sheheen, McCraw, Klauber, Phillips, Bailey, Hines, Clyburn, P. Harris, Spearman, Hutson and Stuart: A BILL TO AMEND SECTION 6-10-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING ENERGY EFFICIENCY STANDARDS, SO AS TO UPDATE REFERENCES TO STATE ENERGY CODES, TO FURTHER DEFINE COMPLIANCE WITH STANDARDS IN THESE CODES FOR ONE AND TWO FAMILY DWELLINGS, AND DELETE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 3927 -- Rep. A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO PROVIDE THAT MAGISTRATES SHALL HAVE CONCURRENT JURISDICTION WITH OTHER COURTS OF COMPETENT JURISDICTION TO GRANT INJUNCTIVE RELIEF OR SUCH OTHER RELIEF AS CONSIDERED APPROPRIATE IN MATTERS INVOLVING REAL ESTATE RESTRICTIVE COVENANTS UPON PETITION OF ANY PARTY.
Referred to Committee on Judiciary.
H. 3928 -- Rep. Hallman: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.
Referred to Committee on Education and Public Works.
H. 3929 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3930 -- Rep. Jennings: A BILL TO AMEND SECTION 9-8-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREES UNDER THE JUDGES AND SOLICITORS RETIREMENT SYSTEM RETURNING TO STATE SERVICE AND THE PRACTICE OF LAW BY RETIRED JUSTICES OR JUDGES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH A RETIRED JUSTICE OR JUDGE SHALL MAKE AN IRREVOCABLE ELECTION THAT HE WISHES TO ENGAGE IN THE PRACTICE OF LAW THEREBY BECOMING INELIGIBLE FOR APPOINTMENT BY THE CHIEF JUSTICE TO SERVE AS A JUSTICE OR JUDGE IN THE COURTS OF THIS STATE.
Referred to Committee on Ways and Means.
H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Without reference.
S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 645 -- Senators Drummond and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Baxley Boan Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, April 5.
Charles R. Sharpe James L.M. Cromer, Jr. Grady A. Brown Dave C. Waldrop, Jr. G. Ralph Davenport, Jr. Timothy C. Wilkes Eugene C. Stoddard George H. Bailey B. Hicks Harwell William Clyburn Floyd Breeland Theodore A. Brown Ralph W. Canty L. Morgan Martin Timothy F. Rogers Richard M. Quinn, Jr. C. Alex Harvin, III Donald W. Beatty
STATEMENTS OF ATTENDANCE
Reps. SEITHEL and STILLE signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 4.
Reps. J. BROWN and ROGERS and the Richland County Delegation presented to the House the Eau Claire High School Shamrocks Boys Basketball Team, Winners of the 1995 State Class AAA Division Championship, their coaches and other school officials.
Rep. WRIGHT and the Lexington County Delegation presented to the House the Irmo High School Yellow Jackets Boys Basketball Team, Winners of the 1994-1995 State Class AAAA Division Championship, their coaches and other school officials.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 646 -- Senators Land and Drummond: A BILL TO AMEND SECTION 56-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING LIMITATIONS FOR INTRASTATE MOTOR CARRIER DRIVERS, SO AS TO SUBSTITUTE "MOTOR CARRIERS" FOR "COMMON CARRIERS" IN CERTAIN REFERENCES CONTAINED IN THIS SECTION.
S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.
H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HARRISON having the floor.
H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.
Rep. HARRISON moved to adjourn debate upon the Bill until Thursday, April 6, which was adopted.
Rep. GOVAN moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.
The following Bill was taken up.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Rep. JENNINGS explained the Bill.
Rep. KNOTTS moved to adjourn debate upon the Bill, which was rejected.
Rep. JENNINGS explained the Bill.
The Bill was read the second time and ordered to third reading.
Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Rep. D. SMITH explained the Joint Resolution.
H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KIRSH explained the Joint Resolution.
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Rep. BREELAND explained the Bill.
H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.
Rep. SCOTT explained the Bill.
The following Bill was taken up.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18296AC.95), which was adopted.
Amend the bill, as and if amended, by deleting Section 2 of the bill and inserting:
/SECTION 2. Section 44-69-75 of the 1976 Code is amended to read:
"Section 44-69-75. (A) All A home health agencies agency shall obtain a certificate of need prior to before licensure. Procedures for applying for such a certificate shall must be in accordance with the provisions of the 'State Hospital Construction and Franchising Act'. No such certificate shall be is required for those home health agencies providing home health services prior to before July 1, 1980.
(B) A home health agency for which the licensee is a continuing care retirement community licensed pursuant to Title 37, Chapter 11, is exempt from subsection (A) if:
(1) the home health agency furnishes or offers to furnish home health services only to residents who live in living units provided by the licensee pursuant to a continuing care contract; and
(2) the home health agency complies with the Medicare conditions of participation for home health agencies as administered by the department.
For purposes of this subsection, 'resident' 'living unit', and 'continuing care contract' have the same meanings as provided in Section 37-11-20."/
Renumber sections to conform.
Amend title to conform.
Rep. WILDER explained the amendment.
Rep. FAIR objected to the Bill.
Rep. WILDER continued speaking.
Reps. MARCHBANKS and ROBINSON objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TRIPP moved to adjourn debate upon the following Bill until Tuesday, April 11, which was adopted.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Rep. KENNEDY moved to adjourn debate upon the following Joint Resolution until Tuesday, April 11, which was adopted.
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
The following Bill was taken up.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21633SD.95), which was adopted.
Amend the bill, as and if amended, in Section 59-30-15(G) of the 1976 Code as contained in SECTION 1, by striking /discalculia/ on line 26, page 1, and inserting /dyscalculia/.
When amended subsection (G) shall read:
"(G) Students with dyscalculia, and with other documented learning disabilities in mathematics as stipulated by regulation of the State Board of Education, may use a calculator on the math portions of the exit examination."
Renumber sections to conform.
Amend totals and title to conform.
Rep. JASKWHICH explained the amendment.
The amendment was then adopted.
Rep. JASKWHICH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Rep. WILKES moved to adjourn debate upon the following Bill until Thursday, April 6, which was adopted.
H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
The following Bill was taken up.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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, 1995, 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.
Rep. FAIR 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.
The following Bill was taken up.
H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
Rep. DELLENEY 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.
Rep. KENNEDY moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
The Joint Resolution was read the second time and ordered to third reading by a division vote of 44 to 18.
The following Bill was taken up.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
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.
Rep. CHAMBLEE withdrew his objection to H. 3115 however, other objections remained upon the Bill.
Upon the withdrawal of an objection by Rep. LITTLEJOHN the following Bill was taken up.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 30, by the Committee on Judiciary.
Rep. HARRISON explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. HARRISON having the floor.
Reps. FAIR and ROBINSON withdrew their objections to the following Bill.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
Reps. WHATLEY, FULMER and HALLMAN withdrew their objections to the following Bill.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
Reps. SCOTT, NEAL, BYRD, CATO, ROBINSON, A. YOUNG and R. SMITH withdrew their objections to the following Bill.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
On motion of Rep. KELLEY, with unanimous consent, the following Bill was recalled from the Committee on Ways and Means and was referred to the Committee on Labor, Commerce and Industry.
H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.
On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
On motion of Rep. STODDARD, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.
H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Senate amendments to the following Bill were taken up for consideration.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
Rep. KEEGAN explained the Senate amendments.
Rep. SHEHEEN spoke against the Senate amendments.
Rep. KEEGAN spoke in favor of the Senate amendments.
Rep. SHEHEEN spoke against the Senate amendments.
Rep. CARNELL spoke in favor of the Senate amendments.
The question then recurred to concur or non-concur in the Senate amendments.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McKay Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Breeland Byrd Canty Cave Cobb-Hunter Cotty Delleney Hodges Inabinett Keyserling Lloyd McMahand McTeer Moody-Lawrence Neal Rhoad Rogers Sheheen Shissias White
So, the Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. MOODY-LAWRENCE a temporary leave of absence.
The Senate amendments to the following Bill were taken up for consideration.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
Rep. H. BROWN explained the Senate amendments.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. SHARPE.
Rep. J. BROWN moved that the House recede until 1:45 P.M.
Rep. BAXLEY moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Breeland Delleney Jennings Martin McMahand Sheheen
Those who voted in the negative are:
Allison Anderson Bailey Boan Brown, G. Brown, H. Brown, J. Cain Cato Chamblee Clyburn Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hodges Howard Hutson Inabinett Jaskwhich Keegan Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McKay McTeer Meacham Neilson Quinn Rice Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The question then recurred to the motion to recede until 1:45 P.M., which was agreed to.
At 1:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Rep. HASKINS a leave of absence for the remainder of the day due to medical reasons.
The SPEAKER granted Reps. KEYSERLING, DELLENEY, McMAHAND and LIMBAUGH a leave of absence for the remainder of the day.
The following was received.
Columbia, S.C., April 5, 1995
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 3:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. H. BROWN the invitation was accepted.
The following Bill was taken up.
H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21426AC.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) In a proceeding involving minor children in matters of divorce, custody, or separation the court on its own motion or the motion of either party may order the parties to attend the Parent and Child Transitions program, an educational program to be conducted by the Department of Alcohol and Other Drug Abuse Services on the effects of divorce on children. The court must require the parties to pay to participate in the program, unless the parties are financially indigent. The department must develop a sliding fee scale to apply in assessing fees for the cost of the program."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-49-90. The department shall develop and implement the Parent and Child Transitions program for use with the department's clients and as may be ordered by the Family Court in proceedings involving minor children in matters of divorce, custody, or separation. The department must charge a fee to participants in the program and must develop a sliding fee scale to apply in assessing these fees to make the program totally self-sufficient after the first year."
SECTION 3. The Legislative Audit Council must conduct a review of the Department of Alcohol and Other Drug Abuse Services' Parent and Child Transition program to evaluate the effectiveness of the program in assisting families and in particular children in coping with and adjusting to divorce. The council shall submit a report of its review and evaluation to the General Assembly before July 1, 1998.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. SHISSIAS spoke in favor of the amendment.
Rep. FULMER moved to recommit the Bill to the Judiciary Committee, which was agreed to.
The following Bill was taken up.
H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9930CM.95).
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 57-5-1140 of the 1976 Code, as added by Section 48A, Part II, Act 501 of 1992, is amended to read:
"Section 57-5-1140. (A) The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions.
(B) The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required.
(C) The driveways must be of access to existing developed property or property that is being developed for the business use of the owners. An entrance twenty feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance fifty feet wide (paved portion) is the maximum width for two-way traffic. If a pipe culvert is necessary for drainage, the department may install the pipe at the business owner's expense.
(D) Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."/
Amend title to conform.
Rep. KENNEDY explained the amendment.
Rep. ASKINS spoke in favor of the amendment.
Rep. FULMER moved to table the Bill.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Brown, H. Cain Chamblee Cotty Dantzler Easterday Elliott Fair Felder Fulmer Hallman Harrell Harrison Harwell Herdklotz Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Law Limehouse Littlejohn Marchbanks McTeer Meacham Rhoad Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Thomas Tripp Vaughn Waldrop Wells Wilkins Wofford Worley Young, A.
Those who voted in the negative are:
Allison Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cato Cave Clyburn Cooper Davenport Gamble Harris, J. Hines Howard Inabinett Kennedy Klauber Knotts Koon Lanford Lloyd Mason McCraw McKay Neal Neilson Rice Riser Rogers Scott Spearman Stille Stuart Townsend Trotter Tucker Walker Whipper, L. Whipper, S. White Wilder Wilkes Wright
So, the Bill was tabled.
The following Bill was taken up.
H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
The following Bill was taken up.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Reps. KEYSERLING, HERDKLOTZ, RICE, BAILEY, H. BROWN, RICHARDSON, HARRELL, KNOTTS, HALLMAN, WHATLEY, FULMER and LIMEHOUSE proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7344BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) 'Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a 'jet ski'.
(2) 'Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.
(3) 'Motorized watercraft' means a vessel equipped with propulsion machinery of any type whether or not the machinery is the principal source of propulsion.
(4) 'Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may:
(1) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft, specialty propcraft, or motorized watercraft while upon the waters of this State after sunset or before sunrise without carrying and exhibiting an all-round white light visible at a minimum range of two miles and side lights visible at a minimum range of one mile;
(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate or be in possession of a personal watercraft, specialty propcraft, or motorized watercraft while upon the waters of this State in excess of the no wake speed within twenty-five feet of a moored or an anchored vessel, wharf, dock, or pier or within fifty feet of a person in the water;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or motorized watercraft except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft, specialty propcraft, or motorized watercraft unless the watercraft is equipped with a mirror which permits the operator to observe the person being towed or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal flotation device as provided in item (1). A personal watercraft, specialty propcraft, or motorized watercraft may be used to tow another vessel when rendering assistance;
(9) operate while upon the waters of this State a personal watercraft, specialty propcraft, or motorized watercraft in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;
(10) operate while upon the waters of this State a personal watercraft, specialty propcraft, or motorized watercraft in a manner so as to leave the water completely while crossing the wake of another vessel within fifty feet of the vessel creating the wake.
(C) It is unlawful for a person who owns a personal watercraft, specialty propcraft, or motorized watercraft or who has charge over or control of a personal watercraft, specialty propcraft, or motorized watercraft to authorize or knowingly to permit the personal watercraft, specialty propcraft, or motorized watercraft to be operated in violation of this section.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(E) This section does not apply to:
(1) the operation of personal watercraft, specialty propcraft, or motorized watercraft by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) activity on private waters;
(3) performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. RICE explained the Bill.
Rep. SPEARMAN moved to reconsider the vote whereby Amendment No. 1 was adopted, which was agreed to.
Rep. WITHERSPOON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 55 to 22.
Rep. G. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5742BDW.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 50-9-505. A person permitted pursuant to Section 50-9-500 is authorized to fish in any of the waters of this State with nonmanufactured tackle or natural bait."/
Renumber sections to conform.
Amend title to conform.
Rep. COOPER raised the Point of Order that Amendment No. 2 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Boan Breeland Brown, G. Brown, J. Byrd Cain Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Gamble Govan Harris, J. Harrison Harwell Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Lanford Law Littlejohn Lloyd Marchbanks Martin Mason McCraw McKay McTeer Meacham Neal Neilson Rhoad Richardson Riser Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Tucker Waldrop Walker Wells Whipper, L. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Bailey Baxley Brown, H. Carnell Easterday Elliott Fair Fulmer Hallman Harrell Herdklotz Kirsh Klauber Knotts Koon Limehouse McAbee Rice Robinson Simrill Vaughn Whatley Wright
So, the Bill was read the second time and ordered to third reading.
Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Rep. HODGES moved to reconsider the vote whereby the following Bill was tabled.
H. 3305 -- Reps. Kennedy, Whatley, Askins, Delleney, McCraw, S. Whipper and Phillips: A BILL TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND APRONS, SO AS TO REQUIRE INSTALLATION FOR EXISTING BUSINESS FACILITIES AND TO LIMIT THE LENGTH OF AN ENTRANCE.
Rep. HUFF moved to table the motion to reconsider.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Hallman Harrell Harwell Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Lanford Law Limehouse Littlejohn Marchbanks Meacham Rhoad Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Wells Whatley Wilkins Witherspoon Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Gamble Govan Harris, J. Harrison Hines Hodges Howard Inabinett Jennings Kennedy Klauber Knotts Koon Lloyd Martin Mason McAbee McCraw McKay McTeer Neal Neilson Quinn Rice Riser Rogers Scott Sheheen Shissias Spearman Stuart Tucker Walker Whipper, L. Whipper, S. White Wilder Wilkes Wright
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Cobb-Hunter Cooper Cromer Gamble Govan Harris, J. Hines Howard Inabinett Jennings Kennedy Knotts Koon Lanford Lloyd McAbee McCraw McTeer Neal Neilson Quinn Rice Richardson Riser Scott Sheheen Spearman Stuart Townsend Trotter Tucker Walker Whipper, L. Whipper, S. White Wilder Wilkes Wright
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cato Chamblee Clyburn Cotty Dantzler Davenport Easterday Elliott Fair Felder Fulmer Hallman Harrell Harwell Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Kirsh Klauber Law Limehouse Littlejohn Marchbanks Mason McKay Meacham Rhoad Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Vaughn Waldrop Wells Whatley Wilkins Wofford Worley Young, A.
So, the motion to reconsider was rejected.
Rep. RICHARDSON moved to adjourn debate upon the following Bill until Tuesday, April 11, which was adopted.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Further proceedings were interrupted by the Ratification of Acts.
At 3:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R47) S. 312 -- Senator Alexander: AN ACT TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO PROVIDE THAT "TRADEMARK" ALSO MEANS THE SYMBOL, EMBLEM, SIGN, INSIGNIA, OR ANY COMBINATION OF THESE, OF THE UNITED STATES OLYMPIC COMMITTEE OR THE INTERNATIONAL OLYMPIC COMMITTEE.
(R48) S. 316 -- Senator Courtney: AN ACT TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.
(R49) S. 391 -- Senator Leatherman: AN ACT TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE OF THE MEETING FOR FLORENCE SCHOOL DISTRICT 4 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.
(R50) H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.
(R51) H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: AN ACT TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.
(R52) H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.
(R53) H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
(R55) H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY, INCLUDING, AMONG OTHER THINGS, A TERM OF NOT MORE THAN THIRTY-SEVEN YEARS, AN ASSESSMENT RATIO OF NOT LESS THAN THREE PERCENT, AND A SPECIAL CALCULATION OF NET PRESENT VALUE; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT AND TO AUTHORIZE THIS SPECIAL ACCOUNTING METHOD FOR THE TAXPAYER'S SUBSIDIARIES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY; TO ALLOW A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY INCOME, SALES AND USE, AND CORPORATE LICENSE TAX CREDITS IN THE AMOUNT OF JOB DEVELOPMENT FEES COLLECTED BY THE TAXPAYER; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY AND THE ANNUAL DEPRECIATION ALLOWED FOR MANUFACTURER'S MACHINERY AND EQUIPMENT FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE AN ANNUAL DEPRECIATION ALLOWANCE OF THIRTY PERCENT FOR ELECTRONIC INTERCONNECTION COMPONENT ASSEMBLY DEVICES FOR COMPUTERS AND COMPUTER PERIPHERALS AND TO ALLOW ORIGINAL COST OF THE CUSTOM MOLDS AND DIES USED TO MANUFACTURE SUCH DEVICES TO BE REDUCED BY NINETY PERCENT AND TO PROVIDE DEFINITIONS; TO AMEND SECTION 12-7-1220, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT TWO HALF-TIME JOBS ARE CONSIDERED ONE FULL-TIME JOB AND TO DEFINE HALF-TIME JOB FOR PURPOSES OF DETERMINING ELIGIBILITY FOR THE CREDIT; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-10-40 AND 12-10-80 SO AS TO PROVIDE THE CRITERIA FOR THE DESIGNATION OF ENTERPRISE ZONES AND TO ALLOW A QUALIFYING BUSINESS IN AN ENTERPRISE ZONE TO COLLECT A JOB DEVELOPMENT FEE FROM THE WAGES OF EMPLOYEES AND TO PROVIDE THE USE OF THESE FEES.
(R56) H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL; TO AMEND SECTION 2-7-105, AS AMENDED, RELATING TO STATE CAPITAL IMPROVEMENT BONDS BEING AUTHORIZED BY THE GENERAL ASSEMBLY IN ODD-NUMBERED YEARS AND STATE HIGHWAY BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO DELETE THE PROVISION REGARDING THE GENERAL ASSEMBLY AUTHORIZING STATE HIGHWAY BONDS IN EVEN-NUMBERED YEARS; TO AMEND SECTION 57-11-220, AS AMENDED, RELATING TO THE ISSUANCE OF STATE HIGHWAY BONDS, SO AS TO PROVIDE A PROCEDURE FOR THE ISSUANCE OF STATE HIGHWAY BONDS BY THE STATE BUDGET AND CONTROL BOARD; BY ADDING SECTION 57-11-235, SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ISSUE STATE HIGHWAY BONDS; TO AMEND SECTION 57-11-240, AS AMENDED, RELATING TO THE MAXIMUM ANNUAL DEBT SERVICE ON GENERAL OBLIGATION BONDS, SO AS TO DELETE A REFERENCE TO SECTION 2-7-105.
At 3:05 P.M. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Rep. CATO explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Gamble Govan Hallman Harrell Harris, J. Harrison Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McTeer Meacham Neal Neilson Quinn Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3835 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
Due to a doctor's appointment, I was absent when H. 3835 was voted on. Had I been present, I would have voted yes.
Rep. BESSIE MOODY-LAWRENCE
The following Bill was taken up.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Reps. THOMAS, JENNINGS, BAXLEY, D. SMITH, MARTIN, DELLENEY, HARRISON, HUFF and BEATTY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10048JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-1-160 of the 1976 Code is amended to read:
"Section 42-1-160. 'Injury' and 'personal injury' shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section an accident arising out of and in the course of employment shall include employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality.
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury is not a personal injury unless it is established that the stressful employment conditions causing the mental injury were extraordinary and unusual in comparison to the normal conditions of the employment.
Work-related Stress arising out of and in the course of employment unaccompanied by physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when such actions are taken in an extraordinary and unusual manner."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Herdklotz Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3836 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
Please record me as voting in favor of H. 3836 on second reading.
Rep. JOSEPH T. McELVEEN, JR.
Due to a doctor's appointment, I was absent when H. 3836 was voted on. Had I been present I would have voted yes.
Rep. BESSIE MOODY-LAWRENCE
The following Bill was taken up.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Rep. CATO proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10094JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-9-260 of the 1976 Code, as last amended by Act 410 of 1988, is further amended to read:
"Section 42-9-260. (A) When an employee has been out of work due to a reported injury by accident arising out of an in the course of employment or occupational disease for eight days, an employer may start temporary total disability payments immediately and may continue such payments for up to one hundred twenty days without waiver of any grounds for denial of a claim as may appear following a good faith investigation. Upon making the first payment, the employer shall immediately notify the commission, in accordance with regulations promulgated by the commission regarding the timely filing of this notice and with a form prescribed by the commission, that payment of compensation has begun.
After one hundred-twenty days from an accident arising out of and in the course of employment or occupational disease, the commission shall provide by rule the method and procedure by which benefits may be suspended or terminated for any cause, but such rule must provide for an evidentiary hearing and commission approval prior to termination or suspension unless such prior hearing is expressly waived in writing by the recipient. Further, the commission may not entertain any application to terminate or suspend benefits unless and until the employer or carrier is current with all payments due.
(B) Once payment of temporary disability compensation has been commenced, it may be terminated or suspended immediately if the employee:
(1) has returned to work;
(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work. Alternatively to items (1) and (2) of this subsection, once payment of temporary disability compensation has been commenced, it may be terminated or suspended at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation reveals grounds for denial of the claim;
(3) has been released by the treating physician to work without restriction compensation may be terminated immediately within the one hundred twenty-day period;
(4) has been released by the treating physician to limited duty work and the employer provides limited duty work consistent with the terms upon which the employee has been released, compensation may be terminated or suspended at any time within the one hundred twenty-day period if the employee refuses to accept the limited duty work provided by the employer or to return to work;
(5) refuses medical treatment under Section 42-15-60 or an examination or evaluation under Section 42-15-80, the employee is not entitled to compensation benefits during the period of the refusal. Upon the submission of documentation of the refusal by the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated within the one hundred twenty-day period.
(C) An employee may request a hearing to have temporary compensation reinstituted after termination. The commission must give this hearing request priority consideration over other hearing requests.
(D) If an employee has been declared as having reached maximum medical improvement within the one hundred twenty-day period, the employer or carrier has the right to a priority hearing to address the termination of temporary disability and the employer or carrier's entitlement to credit or reimbursement for all temporary disability paid for the period after the date of maximum medical improvement.
(E) Failure to comply with such rule as to termination or suspension of benefits must this section shall result in a twenty-five percent penalty imposed upon the carrier or employer computed on the amount of benefits withheld without prior commission approval in violation of this section, and the amount of the penalty must be paid to the employee in addition to the amount of benefits withheld. However, the penalty does not apply if the employer or carrier has terminated or suspended benefits when the employee has returned to any employment at the same or similar wage."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CLYBURN spoke upon the amendment.
Rep. CATO spoke in favor of the amendment.
Rep. THOMAS spoke in favor of the amendment.
The amendment was then adopted.
Rep. CLYBURN withdrew his objection to the Bill.
Reps. THOMAS, JENNINGS, BAXLEY, MARTIN, DELLENEY, HARRISON, D. SMITH, CLYBURN, HUFF and BEATTY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10095JM.95), which was adopted.
Amend the bill, as and if amended, by striking item (2) of Section 42-9-260(B) as contained in SECTION 1 and inserting:
/(2) agrees that he is able to return to work and executes the proper commission form indicating that he is able to return to work. Alternatively to items (1) and (2) of this subsection, once payment of temporary disability compensation has been commenced, it may be terminated or suspended at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation reveals grounds for denial of the claim at any time within the one hundred twenty-day period. An employee may attempt a trial return to work for a period not to exceed three months. During a trial return to work period, temporary total disability compensation shall be suspended; however, the employee shall be paid any temporary partial disability compensation which may be owed. If the trial return to work is unsuccessful, the employee's right to continuing temporary total compensation shall be unimpaired; provided, however, that the trial return to work authorized hereunder may be attempted only once;/
Amend title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
Reps. JENNINGS, BAXLEY, THOMAS, MARTIN, DELLENEY, CLYBURN and BEATTY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\10046JM.95), which was tabled.
Amend the bill, as and if amended, by adding to Section 42-9-260, as contained in SECTION 1, the following:
/(H) An employee has a right to receive a second opinion from a board-certified physician of his choice before the termination or suspension of temporary disability compensation. The employer must pay for this second opinion. If the second opinion differs from that provided by the primary physician, the employee may request a hearing./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Carnell Cato Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, T. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Govan Harris, J. Harvin Hines Hodges Howard Inabinett Jennings Kinon Lloyd Martin McElveen McTeer Neal Rogers Scott Seithel Sheheen Smith, D. Stoddard Thomas Tucker Whipper, L. Whipper, S. White
So, the amendment was tabled.
The SPEAKER granted Rep. J. HARRIS a leave of absence for the remainder of the day.
Rep. McELVEEN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10096JM.95), which was tabled.
Amend the bill, as and if amended, page 1, line 36, by striking /may/ and inserting /shall/.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fulmer Gamble Hallman Harrell Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines Howard Inabinett Jennings Lloyd Martin McElveen Neal Rogers Scott Sheheen Thomas Whipper, L. Whipper, S. White
So, the amendment was tabled.
Rep. McELVEEN proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10100JM.95), which was tabled.
Amend the bill, as and if amended, page 3, by striking line 10 and inserting:
/, for the purposes of this section, once a treating physician has been selected by the workers' compensation carrier, that physician shall not be changed except upon order of the commission or by the consent of the claimant./
Amend numbers to conform.
Amend title to conform.
Rep. McELVEEN explained the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Kinon Koon Lanford Law Littlejohn Marchbanks Mason McAbee McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines Howard Inabinett Jennings Kennedy Lloyd McElveen McTeer Neal Tucker Whipper, L. Whipper, S. White
So, the amendment was tabled.
Reps. JENNINGS, BAXLEY, THOMAS, MARTIN, DELLENEY, CLYBURN and BEATTY proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BBM\10046JM.95), which was tabled.
Amend the bill, as and if amended, by adding to Section 42-9-260, as contained in SECTION 1, the following:
/(H) An employee has a right to receive a second opinion from a board-certified physician of his choice before the termination or suspension of temporary disability compensation. The employee must pay for this second opinion. If the second opinion differs from that provided by the primary physician, the employee may request a hearing./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. L. WHIPPER spoke in favor of the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Herdklotz Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Govan Harrison Harvin Hines Howard Inabinett Jennings Kinon Lloyd Martin McTeer Moody-Lawrence Neal Rogers Scott Sheheen Shissias Spearman Thomas Whipper, L. Whipper, S.
So, the amendment was tabled.
Rep. BAXLEY spoke against the Bill.
Rep. BAXLEY moved to table the Bill.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Hines Howard Inabinett Lloyd Martin Moody-Lawrence Neal Scott Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fulmer Gamble Hallman Harrell Harrison Harvin Herdklotz Hodges Hutson Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Baxley Breeland Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Howard Inabinett Lloyd Moody-Lawrence Neal Whipper, L. White
So, the Bill, as amended, was read the second time and ordered to third reading.
Govan (Present) Nay
Limbaugh (Absent) Aye
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3837 General Subject Matter: Workers' Comp.
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
The following Bill was taken up.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Rep. CATO moved to adjourn debate upon the Bill.
Rep. A. YOUNG moved to table the motion.
Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Brown, J. Brown, T. Cain Carnell Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Harvin Hines Hodges Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, G. Byrd Canty Cato Cave Clyburn Cobb-Hunter Govan Herdklotz Howard Inabinett Jennings Kennedy Klauber Lloyd Martin McAbee McElveen McTeer Moody-Lawrence Neal Neilson Rogers Sheheen Smith, D. Spearman Thomas Townsend Tucker Whipper, L. Whipper, S. White
So, the motion to adjourn debate was tabled.
Rep. MARTIN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Breeland Byrd Canty Cato Cave Chamblee Clyburn Cobb-Hunter Govan Harvin Hines Hodges Howard Huff Inabinett Jennings Kennedy Klauber Lloyd Martin McElveen McTeer Neal Neilson Rogers Sheheen Smith, D. Thomas Trotter Tucker White
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harrison Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Reps. THOMAS, JENNINGS, CLYBURN, BEATTY, BAXLEY, DELLENEY, MARTIN, HARRISON and HUFF proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10055JM.95).
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS explained the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. THOMAS continued speaking.
Rep. MARTIN spoke in favor of the amendment.
Rep. MARTIN continued speaking.
Rep. McELVEEN spoke upon the amendment.
Rep. HUFF moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Elliott Govan Harrison Harvin Herdklotz Hines Hodges Howard Huff Inabinett Jennings Kennedy Kinon Klauber Lanford Lloyd Marchbanks Martin McAbee McElveen McKay McTeer Moody-Lawrence Neal Rhoad Rice Rogers Scott Sheheen Smith, D. Spearman Stille Thomas Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Worley
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cotty Cromer Dantzler Davenport Easterday Fair Fulmer Gamble Hallman Harrell Hutson Jaskwhich Keegan Kelley Kirsh Knotts Koon Law Limehouse Littlejohn Mason McCraw Quinn Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Stuart Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.
Rep. COOPER moved to reconsider the vote whereby debate was adjourned on H. 3827 until April 25, 1995, and the motion was noted.
At 5:10 P.M. the House in accordance with the motion of Rep. CAIN adjourned in memory of Rev. C.L. Letson of Walhalla, to meet at 10:00 A.M. tomorrow.
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