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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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (3838R009.LAM) proposed by Senator MARTIN and previously printed in the Journal of Wednesday, May 22, 1996.
Senator MARTIN argued in favor of the adoption of the amendment and Senator COURTNEY argued contra.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Ford Hayes Holland Hutto Jackson Land Leventis Matthews McGill Mescher Passailaigue Richter Russell Saleeby Waldrep Washington
Alexander Boan Cork Drummond Elliott Fair Giese Gregory Martin McConnell Moore O'Dell Peeler Rose Ryberg
Setzler Smith, J.V. Thomas Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Mescher Moore Passailaigue Patterson Rankin Reese Richter Russell Saleeby Setzler Smith, G. Waldrep
Alexander Boan Cork Drummond Elliott Fair Gregory Martin O'Dell Peeler Rose Ryberg Smith, J.V. Thomas Wilson
The amendment was laid on the table.
Senator FAIR proposed the following Amendment No. 3 (BBM\10864JM.96), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 42-1-670. Notwithstanding any other provision of law, bonuses awarded to employees shall not be included in the income which a workers' compensation carrier uses to determine the amount of the employer's premium or premiums for this type of insurance."/
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator FAIR moved that the amendment be adopted.
Senator LAND moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courtney Ford Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Mescher Moore Passailaigue Patterson Rankin Rose Russell Saleeby Setzler Smith, G. Smith, J.V. Waldrep Washington Wilson
Boan Cork Drummond Elliott Fair Gregory Martin Peeler Ryberg Thomas
Richter
The amendment was laid on the table.
Senator PEELER proposed the following Amendment No. 4 (3838R011.HSP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION .Section 42-5-50 of the 1976 Code is amended to read:
"Section 42-5-50. Whenever an employer has complied with the provisions of Section 42-5-20 relating to self-insurance, the Commission shall issue to such employer a certificate, which shall remain in force for a period fixed by the Commission. But the Commission may, upon at least sixty days' notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the Commission may grant a new certificate to the employer upon his petition.
If the commission either fails to issue or revokes a certificate of compliance with the self-insurance provisions because it finds that the proof of financial ability provided by the employer to the commission is not satisfactory, the employer is entitled to judicial review of the failure to issue or the revocation by the Circuit Court./
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
Senator BOAN proposed the following Amendment No. 8 (JUD3838.005), which was tabled:
Amend the bill, as and if amended, page 8, line 27, in SECTION 11, by striking /1997/ and inserting therein /1999/
Amend the bill further, as and if amended, page 8, line 33, in SECTION 12, by striking /1997/ and inserting therein /1999/
Amend title to conform.
Senator BOAN explained the amendment.
Senator LAND spoke on the amendment.
Senator LAND moved to lay the amendment on the table.
The amendment was laid on the table.
At 11:55 A.M., Senator MARTIN assumed the Chair.
Senator ELLIOTT proposed the following Amendment No. 9 (3838R013.DE), which was tabled:
Amend the bill, as and if amended, page 8, line 39, before the word /Furthermore/ by adding the following:
/No employer who has rejected the terms of Title 42 prior to approval of this act may extend a contract for another form of employee benefits insurance in effect on the date this act is approved beyond July 1, 1997; provided, that a contract in effect on the date this act is approved which has an expiration date beyond July 1, 1997 may be maintained until the expiration date provided under the contract and the employer does not have to comply with the provisions of this act relating to insuring their worker's compensation liabilities until the expiration date; provided further, that the employer shall present evidence of any such contract to the Commission./
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
Senator COURTNEY spoke on the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 4 (3838R011.HSP) proposed by Senator PEELER was adopted.
The motion to reconsider was adopted.
The question then was the adoption of the amendment.
On motion of Senator PEELER, with unanimous consent, Amendment No. 4 was withdrawn.
Senator FAIR proposed the following Amendment No. 10 (3838R015.MF), which was tabled:
Amend the bill, as and if amended, page 8, by striking SECTION 12 (lines 29 through 43), and inserting:
/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 on or before May 1, 1996 shall not be required to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title on or before May 1, 1996 and has procured another form of employee benefits insurance shall not be required to comply with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing on or before May 1, 1996; any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator COURTNEY spoke on the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Courtney Ford Glover Hayes Holland Jackson Land Lander Leventis Matthews McConnell McGill Mescher Moore Passailaigue Patterson Rankin Reese Richter Rose Russell Saleeby Setzler Waldrep Washington Wilson
Boan Cork Drummond Elliott Fair Gregory Hutto Martin O'Dell Peeler Ryberg Thomas
The amendment was laid on the table.
At 12:23 P.M., the PRESIDENT assumed the Chair.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
On motion of Senator HOLLAND, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.
Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.
At 11:45 A.M., Senator GIESE requested a leave of absence from 12:00 - 2:15 P.M.
At 1:00 P.M., Senator LEATHERMAN requested a leave of absence beginning at 4:00 P.M., for the balance of the day.
Columbia, S.C., May 23, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
Speaker of the House
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator PEELER spoke on the report.
On motion of Senator PEELER, the Report of the Committee of Conference to S. 949 was adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the acting words and inserting the following:
/SECTION 1. The General Assembly finds that:
(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;
(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and
(3) the General Assembly by this act is desirous of correcting this inequity.
SECTION 2. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination.
SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./
Amend Title to conform.
/s/Senator Harvey Peeler .......... /s/Rep. Michael Jaskwhich
/s/Senator John Matthews .......... /s/Rep. Margaret Gamble
/s/Senator Wes Hayes .......... /s/Rep. Willie McMahand
for the Senate. .......... for the House.
, and a message was sent to the House accordingly.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY
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