South Carolina General Assembly
108th Session, 1989-1990
Journal of the Senate

FRIDAY, FEBRUARY 9, 1990

Friday, February 9, 1990
(Local Session)

Indicates Matter Stricken
Indicates New Matter

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

REPORT RECEIVED

REPORT OF THE JOINT LEGISLATIVE

WORKERS' COMPENSATION

STUDY AND REVIEW COMMITTEE

AND THE

GOVERNOR'S ADVISORY COMMITTEE

FOR THE IMPROVEMENT OF

WORKERS' COMPENSATION LAWS

1988 - 1989

To His Excellency, Governor Carroll A. Campbell, and the Members of the South Carolina General Assembly:

The Occupational Safety and Health Act of 1970 established the National Commission on State Workers' Compensation Laws. President Nixon appointed to the Commission eighteen persons representing the various interest groups involved with workers' compensation reform. The Commission submitted a report to Congress and the President on July 31, 1972. The Commission made nineteen basic, essential recommendations and urged that every state incorporate these proposals into their existing laws as soon as it was feasible. The report was concluded with a warning to the states that Congress should guarantee compliance if the states fail to act.

The South Carolina General Assembly responded and created the Governor's Advisory Committee for the Improvement of Workers' Compensation Laws by Act 1055 of 1974. The Advisory Committee was to consider improvements in the workers' compensation laws, monitor the effectiveness of existing laws and make recommendations for change to the General Assembly. Among the Governor's Committee's five members are representatives of industry, labor, the general public, claimant's attorneys and defense attorneys. The need for a permanent and experienced committee prompted the creation of the Workers' Compensation Study and Review Committee in 1975 by Act 185. The Study Committee was to consult and coordinate the efforts of the Governor's Advisory Committee. The Study Committee was empowered to monitor the effectiveness of state law and its administration, study the recommended guidelines of the federal government for workers' compensation, and make recommendations to the South Carolina General Assembly to correspond the state law to the federal guidelines and make other necessary adjustments to the workers' compensation law.

In March, 1988 the Legislative Audit Council Report on the South Carolina Workers' Compensation System was issued. The first recommendation was that the report be given to the appropriate legislative committees for consideration.

The Joint Legislative Study and Review Committee for Workers' Compensation and the Governor's Advisory Committee took up the report. Three subcommittees were formed. The membership of each subcommittee included one Senator and one Representative from the Study Committee; one or two members of the Governor's Advisory Committee on workers' compensation; additionally, one defense attorney, one claimant attorney, one representative of labor and one representative of the insurance industry.

Each subcommittee met five times between June and October, 1988 with regular full committee meetings monthly. A final joint subcommittee meeting was held in November, 1988 to vote on the subcommittee recommendations.

The following is a summary of action taken on the recommendations pertaining to the General Assembly which were contained in the Legislative Audit Council Report.

RECOMMENDATION   No. 3, page 10: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER REVIEWING ALTERNATIVES TO CURRENT WORKERS' COMPENSATION ORGANIZATIONAL STRUCTURE. THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE'S RECOMMENDATIONS SHOULD ALSO BE CONSIDERED IN EVALUATION OF THESE ISSUES."

ACTION:                     This recommendation was considered by the Study Committee, however, no recommendation has been made.

RECOMMENDATION   No. 5, page 13: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER S. 42-3-20 OF THE SOUTH CAROLINA CODE OF LAWS SHOULD BE AMENDED TO REQUIRE COMMISSIONERS TO MEET MINIMUM PROFESSIONAL QUALIFICATIONS."

ACTION:                     This recommendation was considered by the Study Committee. However, since these are gubernatorial appointments, the Governor should continue to be responsible for appointing qualified persons to these positions.

RECOMMENDATION   No. 6, page 14: "THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE SHOULD RECOMMEND NEEDED STATUTORY CHANGES REGARDING ORGANIZATION TO THE GENERAL ASSEMBLY TO INCLUDE POSSIBLE DELETION OF S.42-3-50, S.42-3-80, AND S. 42-3-90 OF THE SOUTH CAROLINA CODE OF LAWS."

ACTION:                     The Study Committee requested that the Commission submit recommendations for statutory changes to create a more viable administrative organization. The Commission responded to this request. Legislation has been drafted, however has not been debated by the Study Committee.

RECOMMENDATION   No. 9, page 20: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER CLARIFICATION IS NEEDED IN THE STATUTORY DEFINITION OF DISFIGUREMENT."

ACTION:                     The Study Committee introduced companion bills H.3212 and S.236 with H.3212 being incorporated into H.3483. At the close of the 1989 session, S.236 was in Senate Judiciary Committee and H. 3483 had passed the House and was in Senate Judiciary. This legislation would make permanent disfigurement visible from a distance of six feet in order to receive compensation.

RECOMMENDATION   No. 11, page 23: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER REVIEWING STATUTORY PROVISIONS CONCERNING THE WORKERS' COMPENSATION COMMISSION'S APPROVAL OF SETTLEMENTS."

ACTION:                     This recommendation was discussed by the Study Committee, however legislation was not forthcoming.

RECOMMENDATION   Nos. 16 and 17, page 31: (16) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER S. 42-11-160 OF THE SOUTH CAROLINA CODE OF LAWS SHOULD BE AMENDED TO DESIGNATE DECISIONS ON QUESTIONS BY THE MEDICAL BOARDS AS ADVISORY."
(17) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER S. 42-17-30, S. 42-11-130, AND S. 42-11-185 SHOULD BE CONSOLIDATED IN ORDER TO PROVIDE FOR MORE CLEAR INTERPRETATION OF THE LAW AND MORE CONSISTENT USE OF MEDICAL EXPERTS."

ACTION:                     Discussions concerning the use of medical boards determined that; (1) the use of these boards was not practical, and; (2) the boards are not being used. H.3258 and S. 236 were introduced to repeal the sections applying to the use of these boards. At the close of the 1989 session, H.3258 had been tabled in the House Labor, Commerce and Industry Committee and, S.236 remained in Senate Judiciary Committee.

RECOMMENDATION   NO. 25, page 44: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER APPROVAL OF DEFENSE ATTORNEY FEES IS DESIRABLE, AND, IF SO, RECOMMEND APPROPRIATE LEGISLATION."

ACTION:                     The Study Committee had indepth discussions concerning attorney fees, the method of approval by the Commission and the impact of defense attorney fees on workers' compensation premiums. The issue of attorney fee approval is still under consideration by the Study Committee. H.3919 was independently introduced concerning not only the approval of attorney fees, but also including the approval of hospital and physician fee approval. At the close of the 1989 session, H.3919 had received a favorable report with amendment from the House Labor, Commerce and Industry Committee.
RECOMMENDATION   No. 31, page 48: "THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE SHOULD RECOMMEND NEEDED CHANGES IN S. 42-15-90 REGARDING MEDICAL REVIEW TO THE GENERAL ASSEMBLY."

ACTION:                     H.3919 addresses the approval of fees for physicians and hospital fees.

RECOMMENDATION   No. 34, page 53: "THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE SHOULD CONSIDER RECOMMENDING AMENDMENTS TO S. 42-5-30 AND/OR S. 42-19-50 OF THE SOUTH CAROLINA CODE OF LAWS, TO ALLOW A THIRD PARTY TO COLLECT COVERAGE INFORMATION ON THE WORKERS' COMPENSATION COMMISSION'S BEHALF."

ACTION:                     While the Study Committee took no action on this recommendation, the Commission will go on line with the National Council of Compensation Insurers for the purpose of receiving coverage information. At the same time, insurance carriers will be required to submit the federal employer's identification number for all insureds.

RECOMMENDATION   No. 49, page 68: "THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE SHOULD CONSIDER RECOMMENDING TO THE GENERAL ASSEMBLY WHETHER S. 42-9-240 OF THE SOUTH CAROLINA CODE OF LAWS SHOULD BE AMENDED TO PROVIDE CONSISTENCY BETWEEN THE TIME PERIOD SPECIFIED FOR THE FIRST INSTALLMENT OF COMPENSATION PURSUANT TO AN AWARD AND THE APPEAL PERIOD AS SPECIFIED IN S. 42-17-50."

ACTION:                     In response to this recommendation, the Study Committee introduced companion bills H.3257 and S.236. At the close of the 1989 session H.3257 had passed the House and was in Senate Judiciary Committee. S.236 was also in Senate Judiciary Committee.

RECOMMENDATION   No. 56, page 74: "THE WORKERS' COMPENSATION ADMINISTRATIVE COMMITTEE SHOULD CONSIDER RECOMMENDING TO THE GENERAL ASSEMBLY AN AMENDMENT TO S. 42-19-10 OF THE SOUTH CAROLINA CODE OF LAWS CONCERNING INJURY REPORTING."

ACTION:                     The Study Committee considered the question of summary reporting for medical only claims and introduced companion bills H.3448 and S.343. In addition, H.3225 was independently introduced which was a broader requirement of this reporting section. At the close of the 1989 session, H.3448 had passed the House and was in Senate Judiciary Committee, S.343 was in Senate Judiciary Committee and H.3225 was in the House Labor, Commerce and Industry Committee.

RECOMMENDATION   No. 63, page 80: "IF A BREAKDOWN OF COSTS (ASSOCIATED WITH THE OPERATION OF SELF-INSURER'S WORKERS' COMPENSATION PROGRAM) IS DESIRABLE, THE WORKERS' COMPENSATION COMMISSION'S ADMINISTRATIVE COMMITTEE SHOULD RECOMMEND TO THE GENERAL ASSEMBLY AMENDMENTS TO S. 42-5-190 OF THE SOUTH CAROLINA CODE OF LAWS THAT REQUIRE WORKERS' COMPENSATION TAXES TO BE FILED BASED ON THE SELF-INSURER'S FISCAL YEAR."

ACTION:                     In response to this recommendation, companion bills H.3762 and S. 587 were introduced. These bills would require that self-insurers file the required report with the Commission by the fifteenth day of the third month following the close of their fiscal year rather than on the calendar year. At the close of the 1989 session, S.587 was pending in Senate Judiciary Committee and H.3762 had passed the House and received a favorable report, with amendment, by the Senate Labor, Commerce and Industry Committee.

RECOMMENDATION   Nos. 66 and 67, page 85: (66) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY, WITH INPUT FROM THE DEPARTMENT OF VOCATIONAL REHABILITATION, CONSIDER BROADENING THE WORKERS' COMPENSATION COMMISSION'S VOCATIONAL REHABILITATION STATUTES."

(67) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER CREATING BY STATUTE A REHABILITATION UNIT WITHIN THE WORKERS' COMPENSATION COMMISSION. AT A MINIMUM THE UNIT SHOULD HAVE RESPONSIBILITY FOR:

A. EARLY IDENTIFICATION OF

DESERVING CLAIMANTS.

B. ORDERING REHABILITATION WHEN

NECESSARY.

C. MONITORING REHABILITATION

EFFORTS."

ACTION:                     Discussion of the recommendations is ongoing in the Study Committee. No legislative action has been determined.

RECOMMENDATION   No. 68, page 87: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER AMENDING THE STATUTES TO MINIMIZE NUMERICAL EXEMPTIONS FROM WORKERS' COMPENSATION INSURANCE COVERAGE; CONSIDERATION SHOULD ALSO BE GIVEN TO LIMITING OCCUPATIONAL EXEMPTIONS TO CASUAL WORKERS, RAILROAD AND FEDERAL EMPLOYEES."

ACTION:                     Legislation was introduced to address the issue of limiting exemptions from workers' compensation coverage. S.806 was introduced which would require any employer with one or more employees to come under the act. Additionally, this legislation would allow small employers with ten or fewer employees to obtain workers' compensation coverage through the State Workers' Compensation Fund. At the close of the 1989 session, S.806 was pending in the Judiciary Committee.

RECOMMENDATION   Nos. 70 and 71: (70) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER AMENDING S. 42-9-30 OF THE SOUTH CAROLINA CODE OF LAWS TO REMOVE THE PRESUMPTION OF PERMANENT TOTAL DISABILITY FOR EMPLOYEES WITH 50% OR MORE LOSS OF USE OF THE BACK."

(71) "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER WHETHER THE MAXIMUM 300-WEEK BENEFIT PERIOD ALLOWED FOR PERMANENT PARTIAL INJURY TO THE BACK IS ADEQUATE."

ACTION:                     Recommendations to change the benefits pertaining to back injuries are still under consideration by the Study Committee.
RECOMMENDATION   No. 72: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER EXTENDING PERMANENT AND TOTAL DISABILITY BENEFIT PAYMENTS FOR LIFE OR THE PERIOD OF DISABILITY."

ACTION:                     Information as to the impact of lifetime income benefits on premiums was requested from the National Council on Compensation Insurance. Draft legislation has been proposed and this issue is still under consideration by the Study Committee.

RECOMMENDATION   No. 73: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER AMENDING THE METHOD BY WHICH A TREATING PHYSICIAN IS SELECTED."

ACTION:                     H.3670 was introduced in response to this recommendation. This legislation would allow the claimant choice of physician with limitations. At the close of the 1989 session, H.3670 had been tabled in House Labor, Commerce and Industry Committee.

RECOMMENDATION   No. 74: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER EVALUATING THE ADEQUACY OF THE MAXIMUM BENEFIT PERIOD FOR DISFIGUREMENT."

ACTION:                   Legislation relating to the definition of disfigurement was addressed as stated in Recommendation #9. However, the recommendation as to the maximum benefit period for disfigurement is still under consideration by the Study Committee.

RECOMMENDATION   No. 75: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER EVALUATING THE ADEQUACY OF THE BURIAL ALLOWANCE."

ACTION:                     In March 1988, the burial expense was increased from $400 to an amount not to exceed $2500.

RECOMMENDATION   No. 76: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER REMOVING THE REQUIREMENT FOR UNANIMOUS AGREEMENT OF THE COMMISSION BEFORE USING THREE-MEMBER APPEALS PANELS."

ACTION:                     No action was taken by the Study Committee.

RECOMMENDATION   No. 77: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER ALLOWING REGIONAL HEARING SITES TO BE ESTABLISHED."

ACTION:                     Regional hearing sites were not agreed on by the Study Committee. However, in an effort to provide "adequate hearing sites" in those counties where they do not exist, legislation was introduced utilizing the National Guard Armory in those counties. At the close of the 1989 session, H.3213 had passed the House and the Senate with a Senate Amendment. The Senate requested the House return the bill to the Senate.

RECOMMENDATION   No. 78: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY CONSIDER EXEMPTING THE COMMISSION FROM THE ADMINISTRATIVE PROCEDURES ACT'S NOTICE REQUIREMENT."

ACTION:                     No action has been taken by the Study Committee.

RECOMMENDATION   No. 79: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER INSTITUTING THE DIRECT PAY SYSTEM."

ACTION:                     The Study Committee debated this issue at length. No action was taken by the Study Committee. H.3921 was introduced independently and at the close of the 1989 session was in House LCI Committee.

RECOMMENDATION   Nos. 80 and 81: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER AMENDING THE STOP PAYMENT PROCEDURES."

ACTION:                     No recommendation has been made to the stop payment procedures by the Study Committee. However, S.344 was introduced which would increase the penalty for an unjustified termination or suspension of payments and this penalty is payable to the claimant. At the close of the 1989 session, S.344 was in Senate Judiciary Committee.

RECOMMENDATION   No. 82: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER AMENDING THE BASIS OF DETERMINING AN EMPLOYEE'S AVERAGE WEEKLY WAGE."

ACTION:                     Companion bills H.3542 and S.431 have been introduced concerning the determination of an employee's average weekly wage. At the close of the 1989 session H.3542 was in House LCI Committee and S.431 was in Senate Judiciary Committee.

RECOMMENDATION   No. 83: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION TO THE GENERAL ASSEMBLY THAT THERE BE AN EVALUATION TO DETERMINE WHETHER THERE IS AN CONFLICT OF INTEREST WHEN THE COMMISSION ADJUDICATES THE CLAIMS OF ITS EMPLOYEES."

ACTION:                     The Study Committee carried over this recommendation. Independent legislation was introduced in S.253. At the close of the 1989 session, S.253 had been passed, ratified (R.116) and signed by the Governor.

RECOMMENDATION   No. 84: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER PLACING THE ADMINISTRATION OF THE WORKERS' COMPENSATION INSOLVENCY FUND WITH THE SOUTH CAROLINA SECOND INJURY FUND."

ACTION:                     Companion bills S.345 and H.3447 were introduced concerning this recommendation. At the close of the 1989 session, S.345 in Senate Judiciary Committee and H.3447 had been passed, ratified (R.92) and signed by the Governor in Act No. 54.

RECOMMENDATION   No. 85: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE WORKERS' COMPENSATION STUDY AND REVIEW COMMITTEE CONSIDER MONITORING PREMIUM RATES TO ENSURE COMPETITIVENESS."

ACTION:                     It was determined that the Study Committee is already doing this to the extent possible and no recommendation was made.

RECOMMENDATION   No. 86: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD CONSIDER ELIMINATING SECOND INJURY FUND COVERAGE OF UNKNOWN AND CONCEALED CONDITIONS."
ACTION:                     Legislation is pending in the form of H.3918 and had been read for the first time in the Senate and referred to Senate Judiciary Committee.

RECOMMENDATION   No. 87: "IT IS THE AUDIT COUNCIL'S RECOMMENDATION THAT THE GENERAL ASSEMBLY SHOULD EVALUATE CURRENT PROVISIONS OF THE SOUTH CAROLINA WORKERS' COMPENSATION PREMIUM TAX TO ENSURE THAT THEY ARE IN ACCORD WITH LEGISLATIVE INTENT."

ACTION:                     In response to this recommendation, H.3195, S.144 and S.352 were introduced. At the close of the 1989 session, an amended version of H.3195 had passed the House and Senate and was signed by the Governor.

LEGISLATIVE ISSUES TAKEN UNDER STUDY

S. 106   Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-7-210 SO AS TO PROVIDE FOR ALL RECORDS OF THE STATE WORKERS' COMPENSATION FUND TO BE SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT WITH NO EXEMPTIONS AND TO REPEAL SECTION 42-19-40 RELATING TO THE CONFIDENTIALITY OF THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION.

1/12/89 Senate   Introduced and read first time
1/12/89 Senate   Referred to Committee on Judiciary

S. 144   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-1990, AND TO PROVIDE FOR THE DESIGNATED USE OF THE TAX BY THE WORKERS' COMPENSATION COMMISSION BEGINNING IN FISCAL YEAR 1989-1990 AND FOR THE REMITTANCE OF THE BALANCE OF THE TAX TO THE GENERAL FUND.

1/12/89 Senate   Introduced and read first time
1/12/89 Senate   Referred to Committee on Labor, Commerce and Industry
02/08/89 Senate   Labor, Commerce and Industry introduced Amended Committee Bill - See S. 352

COMPANION BILLS: S. 352 and H. 3195

S. 236   Senators Land, Lourie and Leatherman: 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 THAT PERMANENT DISFIGUREMENT OF THE FACE, HEAD, NECK, OR OTHER AREA NORMALLY EXPOSED IN EMPLOYMENT, RATHER THAN "SERIOUS PERMANENT DISFIGUREMENT" OF SUCH PLACES, MUST BE VISIBLE FROM A DISTANCE OF SIX FEET; SECTION 42-3-20, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR DISMISSING A CLAIM, WITHOUT PREJUDICE, UPON THE OCCURRENCE OF CERTAIN CONDITIONS; SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE COMMISSION, SO AS TO CHANGE THE AMOUNT OF THE FEE WHICH MUST ACCOMPANY EACH APPLICATION FOR COMMISSION REVIEW IN ORDER TO DEFRAY THE COSTS OF THE REVIEW; SECTION 42-9-240, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER AN AWARD OR UNDER A JUDGMENT UPON AN APPEAL FROM SUCH AN AWARD BECOMES DUE, SO AS TO PROVIDE THAT THE FIRST INSTALLMENT OF THE COMPENSATION BECOMES DUE FOURTEEN, RATHER THAN SEVEN, DAYS FROM THE DATE OF THE AWARD OR FROM THE DATE OF THE JUDGMENT; SECTION 42-17-20, RELATING TO THE HEARING BEFORE THE COMMISSION ON PAYABLE COMPENSATION, SO AS TO PROVIDE THAT, FOR A COUNTY WITHOUT AN ADEQUATE HEARING SITE, A NATIONAL GUARD ARMORY IN THAT COUNTY MUST BE ESTABLISHED AND UTILIZED AS THE PERMANENT HEARING SITE, AND PROVIDE THAT THIS PERMANENT HEARING SITE MUST BE ACCESSIBLE TO THE HANDICAPPED; AND SECTION 42-17-30, RELATING TO APPOINTMENT BY THE COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE; AND TO REPEAL SECTIONS 42-11-120, 42-11-130, 42-11-140, 42-11-150 and 42-11-160, RELATING TO WORKERS' COMPENSATION, OCCUPATIONAL DISEASES, AND THE MEDICAL BOARD.

1/24/89 Senate   Introduced and read first time
1/24/89 Senate   Referred to Committee on Judiciary

COMPANION BILLS: H. 3212, H.3483, H.3211,
H.3226, H.3257, H. 3213, H.3223 and H. 3258

S. 253   Senators Leatherman, Land and Saleeby: A BILL TO AMEND SECTION 42-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, CONDUCT OF HEARING, AND AWARD, SO AS TO PROVIDE A PROCEDURE FOR THE HEARING AND DETERMINATION OF CLAIMS OF MEMBERS OF THE WORKERS' COMPENSATION COMMISSION, MEMBERS OF THEIR FAMILIES, OR EMPLOYEES OF THE COMMISSION, EXCEPT CLAIMS INVOLVING MEDICAL BENEFITS ONLY.

1/25/89 Senate   Introduced and read first time
1/25/89 Senate   Referred to Committee on Judiciary
2/15/89 Senate   Committee report: Favorable, Judiciary
2/28/89 Senate   Amended and read second time
3/02/89 Senate   Read third time and sent to the House
3/07/89 House   Introduced and read first time, referred to Labor, Commerce and Industry Committee

4/20/89 House   Committee Report Favorable, LCI

4/25/89 House   Read second time

4/26/89 House   Read third time, ordered enrolled for ratification

5/04/89   Ratified R.116

5/10/89   Signed by Governor

Act. No. 70

S. 295   Senators Lourie, Land and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-11-35 SO AS TO PROVIDE THAT HEART DISEASE OR HYPERTENSION RESULTING IN HOSPITALIZATION OR DEATH DEVELOPED BY CERTAIN CURRENT AND NEWLY HIRED LAW ENFORCEMENT OR CORRECTION OFFICERS IS PRESUMED TO HAVE ARISEN OUT OF AND IN THE COURSE OF EMPLOYMENT.

02/01/89 Senate   Introduced and read first time
02/01/89 Senate   Referred to Committee on Medical Affairs

04/18/89 Senate   Committee report majority favorable with amendment, minority unfavorable, Medical Affairs

S. 342   Senators Land and Lourie: A BILL TO AMEND SECTION 42-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INJURY" AND "PERSONAL INJURY" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE THAT THE TERMS ALSO INCLUDE BOTH INJURY BY ACCIDENT OR REPETITIVE TRAUMA.

02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Referred to Committee on Judiciary

S. 343   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Referred to Committee on Judiciary

COMPANION BILL: H. 3448

S. 344   Senators Land, Lourie and Leatherman: 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 COMPENSATION HAVE BEGUN AND TO SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO INCREASE THE PENALTY IMPOSED UPON THE INSURANCE CARRIER OR EMPLOYER, AND PAYABLE TO THE EMPLOYEE, FOR FAILURE TO COMPLY WITH THE RULE AS TO TERMINATION OR SUSPENSION OF BENEFITS.

02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Referred to Committee on Judiciary

S. 345   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Referred to Committee on Judiciary

COMPANION BILL: H.3447

S. 346   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.
02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Referred to Committee on Judiciary
03/15/89 Senate   Committee report favorable
03/16/89 Senate   Read second time
03/22/89 Senate   Read third time and sent to the House

03/23/89 House   Introduced, referred to Committee on Labor, Commerce and Industry

04/20/89 House   Committee Report Favorable with amendment Labor, Commerce and Industry

04/26/89 House   Tabled (H.3657 Ratified 4/20/89)

COMPANION BILL: H.3657

S. 352   Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-90; AND TO AMEND SECTION 42-5-190, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-90.

02/08/89 Senate   Introduced and read first time
02/08/89 Senate   Placed on Calendar without reference
02/09/89 Senate   Amended, read second time; ordered to third reading with notice of amendments; referred to Committee on Finance, retaining its place on the Calendar
02/22/89 Senate   Committee report favorable, Finance
02/28/89 Senate   Read third time and sent to the House
03/01/89 House   Returned to Senate - Point of Order that the Bill was out of order

COMPANION BILLS: S. 144 and H. 3195

S. 410   Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.

2/21/89 Senate   Introduced and read first time
2/21/89 Senate   Without reference
2/28/89 Senate   Read second time, ordered to third with notice of general amendments
3/01/89 Senate   Read third time and sent to the House
3/02/89 House   Introduced and read first time, referred to House Labor, Commerce and Industry Committee

S. 430   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO PROVIDE FOR ALL EXISTING INFORMATION TO BE MADE AVAILABLE WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST AND TO PROVIDE FOR THE COSTS FOR RECEIVING THE INFORMATION.

02/23/89 Senate   Introduced and read first time
02/23/89 Senate   Referred to Committee on Judiciary

COMPANION BILL: H. 3541

S. 431   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.

02/23/89 Senate   Introduced and read first time
02/23/89 Senate   Referred to Committee on Judiciary

COMPANION BILL: H.3542

S. 587   Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.

3/29/89 Senate   Introduced and read first time, referred to Judiciary Committee

COMPANION BILL: H. 3762

S. 806   Senators Lourie and Land: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN EMPLOYMENTS FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO ELIMINATE AS AN EXEMPTED CATEGORY A PERSON WHO HAS REGULARLY EMPLOYED IN SERVICE FEWER THAN FOUR EMPLOYEES IN THE SAME BUSINESS WITHIN THE STATE OR WHO HAD A TOTAL ANNUAL PAYROLL DURING THE PREVIOUS CALENDAR YEAR OF LESS THAN THREE THOUSAND DOLLARS REGARDLESS OF THE NUMBER OF PERSONS EMPLOYED DURING THAT PERIOD; TO AMEND SECTION 42-7-50, RELATING TO THE PROVISION THAT SUBDIVISIONS OF THE STATE MAY COME UNDER THE PROVISIONS OF LAW REGARDING THE STATE WORKERS' COMPENSATION FUND, SO AS TO, AMONG OTHER THINGS, INCLUDE "ANY OTHER EMPLOYER IN THE STATE WITH FEWER THAN TEN EMPLOYEES", REQUIRE THE DIRECTOR OF THE FUND TO BILL, RATHER THAN NOTIFY, EACH COVERED EMPLOYER, RATHER THAN "EACH COUNTY, MUNICIPALITY, AGENCY, OR INSTITUTION THEREOF" AT LEAST THIRTY DAYS BEFORE THE EXPIRATION DATE OF ITS COVERAGE IN ORDER THAT THE INSURANCE MAY BE KEPT IN FORCE CONTINUOUSLY, REQUIRE NOTIFICATION OF THE EMPLOYER AND THE WORKERS' COMPENSATION COMMISSION THAT COVERAGE THROUGH THE FUND HAS EXPIRED UNDER CERTAIN CIRCUMSTANCES, PROVIDE FOR THE EXERCISING OF THE OPTION OF PRIVATE EMPLOYERS TO PARTICIPATE UNDER THESE PROVISIONS OF LAW UNDER CERTAIN CONDITIONS, PROVIDE FOR RESTRICTIONS ON THE OPTION, AND PROVIDE FOR THE REPAYMENT OF THE INITIAL RESERVE ADVANCED BY THE STATE; TO AMEND SECTION 42-7-70, RELATING TO RATES AND PREMIUMS UNDER THE PROVISIONS REGARDING THE STATE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE PREMIUMS COLLECTED FROM PRIVATE EMPLOYERS MUST BE DETERMINED, MAINTAINED, AND ACCOUNTED FOR SEPARATELY FROM PREMIUMS OF GOVERNMENTAL ENTITIES; TO AMEND SECTION 42-7-90, RELATING TO THE AUTHORIZED EXPENDITURES FROM THE STATE FUND, SO AS TO DELETE REFERENCE TO THE WORKERS' COMPENSATION COMMISSION'S MAKING AN AWARD UNDER THESE PROVISIONS OF LAW, AND TO REFER TO AN OFFICIAL OR EMPLOYEE OF A PARTICIPATING EMPLOYER RATHER THAN AN OFFICIAL OR EMPLOYEE OF A PARTICIPATING GOVERNMENTAL ENTITY; AND TO REPEAL SECTION 42-7-80, RELATING TO PAYMENT OF AWARDS AND NOTICE OF INTENTION TO CONTEST AN AWARD UNDER THE PROVISIONS DEALING WITH THE STATE FUND.

H. 3014   Rep. J. Rogers: A BILL TO AMEND SECTION 42-9-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION BENEFITS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO PROVIDE THAT IF THE DECEASED EMPLOYEE LEAVES NO DEPENDENTS, THE EMPLOYER SHALL PAY THE COMMUTED AMOUNTS PROVIDED FOR IN SECTION 42-9-290 FOR WHOLE DEPENDENTS, LESS BURIAL EXPENSES WHICH MUST BE DEDUCTED FROM THOSE COMMUTED AMOUNTS, TO HIS SURVIVING NONDEPENDENT CHILDREN AND TO PROVIDE FOR PAYMENT WHEN THERE ARE NO SURVIVING NONDEPENDENT CHILDREN; TO AMEND SECTION 42-9-280, RELATING TO THE PAYMENT OF THE UNPAID BALANCE OF WORKERS' COMPENSATION WHEN THE EMPLOYEE DIES, SO AS TO PROVIDE THAT THE PAYMENT OF THE UNPAID BALANCE MUST BE MADE IN ACCORDANCE WITH SECTION 42-9-140, RATHER THAN BEING MADE TO THE DECEASED EMPLOYEE'S "NEXT OF KIN DEPENDENT UPON HIM FOR SUPPORT"; AND TO AMEND SECTION 42-9-290, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT IF A STUDENT'S FULL-TIME ENROLLMENT IN AN ACCREDITED EDUCATIONAL INSTITUTION ENDS, THE CHILD NO LONGER IS CONSIDERED A DEPENDENT, RATHER THAN PROVIDE THAT BENEFITS TERMINATE PERMANENTLY, AND PROVIDE THAT WHEN ALL THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT, THE REMAINDER OF THE BENEFITS MUST BE DIVIDED EQUALLY AMONG ALL THE CHILDREN.

12/08/89 House   Prefiled and referred to Labor, Commerce and Industry Committee
1/10/89 House   Introduced and read first time
1/10/89 House   Referred to Labor, Commerce and Industry Committee
3/08/89 House   Committee Report favorable with amendment

3/09/89 House   Amended and read second time
3/16/89 House   Read third time and sent to Senate
3/21/89 Senate   Introduced, read first time, referred to Judiciary

4/05/89   Senate   Judiciary Committee Report Favorable
4/06/89   Senate   Read second time
4/11/89   Senate   Read third time, ordered enrolled for Ratification

4/20/89   Ratified R.99

4/26/89   Signed by Governor
Act No. 58

H. 3066   Representatives Kirsh, Mappus and Corning: A BILL TO AMEND SECTION 8-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO PROHIBIT REPRESENTATION OF CLIENTS FOR COMPENSATION BY PUBLIC OFFICIALS OR EMPLOYEES BEFORE ENTITIES WHOSE MEMBERS OR OFFICERS ARE ELECTED OR APPOINTED BY THE ENTITY WITH WHICH THE OFFICIAL OR EMPLOYEE IS ASSOCIATED, EXEMPT COURT APPEARANCES, DELETE CERTAIN LANGUAGE, AND PROVIDE THAT NO MEMBER OF THE GENERAL ASSEMBLY MAY APPEAR BEFORE CERTAIN COMMISSIONS IN RATE OR PRICE FIXING MATTERS OR IN MATTERS TO DETERMINE THE AWARD OF WORKERS' COMPENSATION OR RELATED BENEFITS.

12/21/88 House   Prefiled

01/10/89 House   Introduced and read first time

01/10/89 House   Referred to Committee on Judiciary
01/17/89 House   Tabled in Committee

H. 3195   Reps. Hearn, J. W. Johnson, Lockemy, Harwell, McBride, Bruce, Waites, T. M. Burriss, Quinn, Wright, Neilson, Harvin, Moss, Wofford, McGinnis, Corbett, Keegan, Lanford, Cork, Snow, Rama, McCain, Derrick, Klapman, Wells, Barfield, M. D. Burriss, Sharp, Kirsh and Corning: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-1990, AND TO PROVIDE FOR THE DESIGNATED USE OF THE TAX BY THE WORKERS' COMPENSATION COMMISSION BEGINNING IN FISCAL YEAR 1989-1990 AND FOR THE REMITTANCE OF THE BALANCE OF THE TAX TO THE GENERAL FUND.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Ways and Means

04/20/89 House   Committee report favorable with amendment

04/27/89 House   Amended and read second time, ordered to third reading

04/28/89 House   Read third time and sent to the Senate

05/02/89 Senate   Introduced and read first time, placed on the Calendar without reference

05/03/89 Senate   Read second time, ordered to third reading with notice of general amendments

05/15/89 Senate   Read third time
Ordered enrolled for Ratification

05/16/89   Ratified R. 157

05/22/89   Signed by Governor
Act No. 100

COMPANION BILLS: S. 144 and S. 352

H. 3209   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCREASE IN WORKERS' COMPENSATION WHICH IS NOT PAID WHEN DUE, SO AS TO SHORTEN THE PERIOD BEFORE WHICH FURTHER MONIES MUST BE ADDED TO AN UNPAID INSTALLMENT OF PAYMENT OF COMPENSATION, AND CHANGE THE PENALTY FROM TEN PERCENT OF THE UNPAID AMOUNT TO TWENTY-FIVE PERCENT THEREOF OR A MINIMUM OF TWENTY-FIVE DOLLARS, AND TO AMEND SECTION 42-9-230, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
03/01/89 House   Committee Report Favorable with amendment
03/08/89 House   Debate adjourned until 3/9/89

03/09/89 House   Amended and read second time
03/16/89 House   Read third time and sent to Senate
03/21/89 Senate   Introduced, read first time, referred to Labor, Commerce and Industry

04/06/89 Senate   Committee Report favorable

04/11/89 Senate   Read second time, ordered to third reading with notice of general amendments

04/12/89 Senate   Read third time, ordered enrolled for Ratification

04/20/89   Ratified R.100

04/24/89   Signed by Governor

Act No. 59

H. 3211   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR DISMISSING A CLAIM WITHOUT PREJUDICE UPON THE OCCURRENCE OF CERTAIN CONDITIONS.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/07/89 House   Tabled in Committee
(Incorporated in H.3483)

COMPANION BILLS: S. 236 and H. 3483

H. 3212   Reps. Hearn, J. W. Johnson and Lockemy: 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 THAT PERMANENT DISFIGUREMENT OF THE FACE, HEAD, NECK, OR OTHER AREA NORMALLY EXPOSED IN EMPLOYMENT, RATHER THAN "SERIOUS PERMANENT DISFIGUREMENT" OF THESE PLACES, MUST BE VISIBLE FROM A DISTANCE OF SIX FEET.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/07/89 House   Tabled in Committee
(Incorporated in H.3483)

COMPANION BILLS: H. 3483 and S. 236

H. 3213   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON PAYABLE COMPENSATION, SO AS TO PROVIDE THAT, FOR A COUNTY WITHOUT AN ADEQUATE HEARING SITE, A NATIONAL GUARD ARMORY IN THAT COUNTY MUST BE ESTABLISHED AND UTILIZED AS THE PERMANENT HEARING WITH REASONABLE RENT TO BE PAID BY THE COMMISSION.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/16/89 House   Labor, Commerce and Industry Committee Report Favorable with amendment
02/22/89 House   Amended and read second time
02/23/89 House   Read third time and sent to Senate
02/23/89 Senate   Introduced and read first time

02/23/89 Senate   Referred to committee on Judiciary

03/29/89 Senate   Committee report favorable

04/12/89 Senate   Amended

04/18/89 Senate   Read second time, ordered to third reading with notice of general amendments

04/19/89 Senate   Read third time, returned to the House with amendment

05/02/89 Senate   Requested House to return the Bill, House returned the Bill to the Senate

05/18/89 Senate   Committed to Committee on Judiciary

COMPANION BILL: S. 236

H. 3223   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Ways and Means

COMPANION BILL: S. 236
H. 3225   Rep. Hearn: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EMPLOYER'S DUTY TO KEEP RECORDS AND FILE REPORTS OF INJURIES TO EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW SO AS TO PROVIDE THAT THESE REPORTS OF INJURIES MUST BE MAILED TO THE CARRIER OR THIRD PARTY ADMINISTRATOR, IF ANY, AND THEN FROM THE CARRIER OR THIRD PARTY ADMINISTRATOR TO THE WORKERS' COMPENSATION COMMISSION, TO PROVIDE FOR CERTAIN PENALTIES FOR FAILURE TO MAIL THESE REPORTS IN THE MANNER REQUIRED BY THIS SECTION, AND TO PROVIDE THAT NOTHING CONTAINED IN THIS SECTION PREVENTS THE COMMISSION FROM PROMULGATING ITS OWN REGULATIONS GOVERNING THE PROCEDURES FOR THE REPORTING OF MEDICAL ONLY CLAIMS.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry

H. 3226   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE AMOUNT OF THE FEE WHICH MUST ACCOMPANY EACH APPLICATION FOR COMMISSION REVIEW IN ORDER TO DEFRAY THE COSTS OF THE REVIEW.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/07/89 House   Tabled in Committee (Incorporated in H.3483)

COMPANION BILL: S. 236

H. 3242   Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-7-110 SO AS TO PROVIDE THAT, WITH RESPECT TO REPRESENTATION INVOLVING A MATTER, CASE, OR PROCEEDING BEFORE THE STATE WORKERS' COMPENSATION COMMISSION, NO MEMBER OF THE GENERAL ASSEMBLY MAY ACCEPT OR ENGAGE IN REPRESENTATION OF ANY PERSON INSURED THROUGH THE FUND.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Judiciary
01/31/89 House   Tabled in Committee

H. 3257   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER AN AWARD OR UNDER A JUDGMENT UPON AN APPEAL FROM AN AWARD BECOMES DUE, SO AS TO PROVIDE THAT THE FIRST INSTALLMENT OF THE COMPENSATION BECOMES DUE FOURTEEN, RATHER THAN SEVEN, DAYS FROM THE DATE OF THE AWARD OR FROM THE DATE OF THE JUDGMENT.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/16/89 House   Labor, Commerce and Industry Committee Report Favorable
02/22/89 House   Read second time

02/23/89 House   Read third time and sent to Senate
02/23/89 Senate   Read first time
02/23/89 Senate   Referred to committee on Judiciary

03/29/89 Senate   Committee report favorable

04/19/89 Senate   Recommitted to Judiciary Committee

COMPANION BILL: S. 236

H. 3258   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO REPEAL SECTIONS 42-11-120, 42-11-130, 42-11-140, 42-11-150, and 42-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, OCCUPATIONAL DISEASES, AND THE MEDICAL BOARD.

01/17/89 House   Introduced and read first time
01/17/89 House   Referred to Committee on Labor, Commerce and Industry
02/28/89 House   Tabled in Committee

COMPANION BILL: S. 236

H. 3447   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO PROVIDE FOR THE ADMINISTRATION OF THIS FUND BY THE DIRECTOR OF THE SECOND INJURY FUND INSTEAD OF THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND ACCORDINGLY TO EMPOWER THE DIRECTOR OF THE SECOND INJURY FUND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.

02/08/89 House   Introduced and read first time
02/08/89 House   Referred to Committee on Labor, Commerce and Industry
03/01/89 House   Committee Report Favorable with amendment
03/08/89 House   Amended and read second time
03/09/89 House   Read third time and sent to Senate
03/14/89 Senate   Introduced and read first time, referred to Committee on Labor, Commerce and Industry
04/06/89 Senate   Committee Report favorable

04/11/89 Senate   Read second time, ordered to third reading with notice of general amendments

04/12/89 Senate   Read third time, ordered enrolled for Ratification

04/20/89   Ratified R.92

04/24/89   Signed by Governor

Act No. 54

COMPANION BILL: S. 345

H. 3448   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.

02/08/89 House   Introduced and read first time
02/08/89 House   Referred to Committee on Labor, Commerce and Industry
03/01/89 House   Committee Report Favorable with amendment
03/08/89 House   Amended and read second time

03/09/89 House   Read third time and sent to Senate
03/14/89 Senate   Introduced and read first time, referred to Committee on Judiciary

05/24/89 Senate   Committee Report favorable with amendment

05/25/89 Senate   Amended and read second time

05/31/89 Senate   Amended, Read third time and returned to the House with amendment

06/01/89 House   Concurred in Senate amendment and ordered enrolled for Ratification.

06/20/89   Signed by Governor
Act No. 197

COMPANION BILL: S. 343

H. 3483   Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR DISMISSING A CLAIM WITHOUT PREJUDICE UPON THE OCCURRENCE OF CERTAIN CONDITIONS; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT PERMANENT DISFIGUREMENT OF THE FACE, HEAD, NECK, OR OTHER AREA NORMALLY EXPOSED IN EMPLOYMENT, RATHER THAN "SERIOUS PERMANENT DISFIGUREMENT" OF THESE PLACES, MUST BE VISIBLE FROM A DISTANCE OF SIX FEET; AND TO AMEND SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE AMOUNT OF THE FEE WHICH MUST ACCOMPANY EACH APPLICATION FOR COMMISSION REVIEW IN ORDER TO DEFRAY THE COSTS OF THE REVIEW.

02/14/89 House   Introduced and read first time
02/21/89 House   Objection by Representative Baxley
Debate adjourned until 2/22/89
02/22/89 House   Read second time

02/23/89 House   Read third time and sent to Senate
02/23/89 Senate   Read first time
02/23/89 Senate   Referred to Committee on Judiciary

COMPANION BILLS: S. 236, H. 3211 and H.
3212

H. 3541   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO PROVIDE FOR ALL EXISTING INFORMATION TO BE MADE AVAILABLE WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST TO PROVIDE FOR THE COSTS FOR RECEIVING THE INFORMATION.

02/22/89 House   Introduced and read first time
02/22/89 House   Referred to Committee on Labor, Commerce and Industry

03/29/89 House   Committee Report favorable with amendments

03/30/89 House   Amended and read second time

03/31/89 House   Read third time and sent to Senate

04/04/89 Senate   Introduced, read first time and referred to Labor, Commerce and Industry Committee

05/18/89 Senate   Committee report favorable with amendment Labor, Commerce and Industry

05/23/89 Senate   Amended

05/25/89 Senate   Amended, read second time, ordered to third reading with notice of general amendments

06/01/89 Senate   Read third time and returned to the House with amendment

House   Concurred in Senate amendment

House   Ordered enrolled for Ratification

06/02/89   Ratified R.284

06/08/89   Signed by Governor

COMPANION BILL: S. 430

H. 3542   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "AVERAGE WEEKLY WAGES" UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND REDEFINE THE TERM.

02/22/89 House   Introduced and read first time
02/22/89 House   Referred to Committee on Labor, Commerce and Industry

COMPANION BILL: S. 431

H. 3657   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.

03/09/89 House   Introduced and read first time Referred to Committee on Labor, Commerce and Industry

03/29/89 House   Committee Report favorable with amendment

03/30/89 House   Amended

04/04/89 House   Read second time

04/05/89 House   Read third time and sent to Senate

04/06/89 Senate   Introduced and read first time, placed on the Calendar without reference

04/11/89 Senate   Read second time

04/12/89 Senate   Read third time, ordered enrolled for Ratification

04/20/89   Ratified R.95

04/24/89   Signed by Governor
Act No. 57

COMPANION BILL: S. 346

H. 3670   Reps. J. Rogers, J. Bailey, Blanding, Chamblee, Davenport, Elliott, Farr, Felder, Ferguson, Gregory, Harvin, Huff, Keesley, Keyserling, Manly, D. Martin, McElveen, T. Rogers, Rudnick, Short, Stoddard, Vaughn, Washington, J. Williams and Winstead: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS WITHIN WHICH MEDICAL TREATMENT AND SUPPLIES MUST BE FURNISHED TO AN EMPLOYEE UNDER WORKERS' COMPENSATION LAWS AND THE REFUSAL BY THE EMPLOYEE TO ACCEPT THE TREATMENT, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED, THE PERSONS AUTHORIZED TO FURNISH THIS TREATMENT, AND THE CONDITIONS OF AND THE PROCEDURES FOR THE FURNISHING OF THIS TREATMENT; AND TO AMEND SECTION 42-15-70, RELATING TO THE LIABILITY OF AN EMPLOYER FOR THE MEDICAL TREATMENT PROVIDED, SO AS TO FURTHER PROVIDE FOR THIS LIABILITY AND FOR THE CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR THE CHARGES FOR THE MEDICAL SERVICES OR TREATMENT PROVIDED.

03/09/89 House   Introduced and read first time, referred to Committee on Labor, Commerce and Industry

05/09/89 House   Tabled in Committee

H. 3702   Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.

03/16/89 House   Introduced and read first time, referred to Committee on Labor, Commerce and Industry

04/20/89 House   Labor, Commerce and Industry Committee report favorable with amendment

04/27/89 House   Objection by Reps. Rudnick and Simpson, Amended and read second time, ordered to third reading

05/02/89 Senate   Introduced and read first time, referred to Labor, Commerce and Industry Committee

05/18/89 Senate   Committee report favorable, Labor, Commerce and Industry Committee

05/31/89 Senate   Read second time, ordered to third reading with notice of general amendments

H. 3762   Reps. Hearn, J. W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.

3/28/89 House   Introduced and read first time, referred to Labor, Commerce and Industry Committee

4/20/89 House   Labor, Commerce and Industry Committee report favorable

4/27/89 House   Read second time

4/28/89 House   Read third time and sent to Senate

5/02/89 Senate   Introduced and read first time, referred to Labor, Commerce and Industry Committee

5/18/89 Senate   Committee report favorable with amendment Labor, Commerce and Industry Committee

5/23/89 Senate   Amended and read second time

5/24/89 Senate   read third time, returned to the House with amendment

5/25/89 House   Concurred in Senate amendment

5/29/89 House   Senate amendments amended and returned to the Senate

Senate   Concurrence in House amendments, ordered enrolled for Ratification

6/02/89   Ratified R.233

6/08/89   Signed by Governor

COMPANION BILL: S. 587

H. 3918   Reps. Hearn, J. W. Johnson, and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.

04/13/89 House   Introduced and read first time, referred to Labor, Commerce and Industry Committee

05/10/89 House   Committee Report favorable, Labor, Commerce and Industry

05/18/89 House   Read second time

05/22/89 House   Read third time and sent to the Senate

05/23/89 Senate   Introduced and read first time, referred to Judiciary Committee

H. 3919   Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.

04/13/89 House   Introduced and read first time, referred to Labor, Commerce and Industry Committee

05/17/89 House   Committee report favorable with amendment
Labor, Commerce and Industry Committee

05/31/89 House   Objection by Rep. J. Rogers

Debate adjourned until June 25, 1989

06/01/89 House   Reconsidered vote whereby debate was adjourned
Objection by Rep. Hodges
Amended and read second time

H.3921   Reps. Hearn, J. W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 42-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, AWARDS PROCEDURE, AND AGREEMENT AS TO COMPENSATION, SO AS TO ALLOW AN EMPLOYER AND A CARRIER TO INITIATE PAYMENT WITHOUT AN AGREEMENT UPON FILING A NOTICE OF CONDITIONAL PAYMENT, AND TO ADD SECTION 42-9-265 SO AS TO PROVIDE THAT UPON FILING WITH THE COMMISSION A NOTICE OF CONDITIONAL PAYMENT AS DESCRIBED IN SECTION 42-17-10, THE EMPLOYER'S CARRIER OR THE EMPLOYER, IF SELF-INSURED, MAY BEGIN PAYMENT OF BENEFITS PURSUANT TO TITLE 42 WHILE THE CARRIER OR THE EMPLOYER CONDUCTS AN INVESTIGATION AS TO LIABILITY, TO FURTHER PROVIDE THAT THE EMPLOYER OR CARRIER MAY, WITHIN SIXTY DAYS AFTER THE COMMENCEMENT OF PAYMENT, CEASE FURTHER PAYMENT IF INVESTIGATION DETERMINES THE CLAIM IS NOT COMPENSABLE, TO PROVIDE FOR A HEARING ON WHY PAYMENT WAS STOPPED AND TO PROVIDE FOR A FIFTY PERCENT PENALTY WHERE PAYMENTS ARE STOPPED ARBITRARILY, AND TO REQUIRE PAYMENT OF THE PENALTY TO THE EMPLOYEE.

04/13/89 House   Introduced and read first time, referred to Labor, Commerce and Industry Committee

05/17/89 House   Committee report favorable Labor, Commerce and Industry Committee

05/31/89 House   Objection by Rep. J. Rogers

Debate adjourned until June 25, 1989

CONCLUSION

It is imperative that we continue the study of Workers' Compensation Laws in South Carolina. As working environments change so does the necessity for changes in our laws to protect both the employer and the employee.
The study of current legislation pending before the General Assembly insures that parties affected by this legislation will be protected through research and close observation.

Respectfully submitted:

For the Senate:   For the Governor:
John C. Land, III     Stanford E. Lacy
Isadore E. Lourie     Henry H. Taylor
Hugh K. Leatherman     C. Ray Harris

Gale B. Crawford

G.O. Smoak
For the House:
James W. Johnson, Jr.
Milton O. Alexander
James H. Hodges

On motion of Senator LAND, with unanimous consent, the Report was ordered printed in the Journal.

THIRD READING BILLS

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.

(By prior motion of Senator MOORE, with unanimous consent)

S. 548 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-135 SO AS TO PROVIDE THAT NO PRISONER INCARCERATED IN ANY TYPE OF PRISON FACILITY MAY BE FORCED TO EAT OR BE FED INTRAVENOUSLY AGAINST HIS WILL.

(By prior motion of Senator GIESE, with unanimous consent)

S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.

(By prior motion of Senator HAYES, with unanimous consent)

S. 945 -- Senator Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OR OTHER ASSESSMENT OF CONTINUED COMPETENCE OF PSYCHOLOGISTS.

(By prior motion of Senator LOURIE, with unanimous consent)

SECOND READING BILL
WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time was passed and ordered to a third reading with notice of general amendments:

H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.

(By prior motion of Senator HAYES, with unanimous consent)

Time Fixed

By prior motion, Senator WADDELL moved that when the Senate adjourns, it stand adjourned to meet next Tuesday, February 13, 1990, at 12:00 Noon.

ADJOURNMENT

At 11:32 A.M., on motion of Senator WILSON, the Senate adjourned to meet next Tuesday at 12:00 Noon.

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