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| The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.
H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.
H. 4593 -- Reps. A. Young, Baxley, Wofford, Sharpe, Robinson, Sturkie, Kelley, Cobb-Hunter, G. Bailey, Vaughn, Witherspoon, Stuart, Davenport, Riser, Law, Meacham, Koon and Thomas: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2, SO AS TO PROVIDE A PROCEDURE FOR COMBINING COUNTY BOARDS OF VOTER REGISTRATION AND COUNTY ELECTION COMMISSIONS, PROVIDE FOR THE APPOINTMENT OF THE COMMISSION MEMBERS, ESTABLISH REQUIREMENTS FOR MEMBERS, AND PROVIDE FOR REASONS FOR REMOVAL OF MEMBERS BY THE GOVERNOR.
H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN
Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4889 -- Rep. Felder: A BILL TO PROVIDE THAT THE CALHOUN COUNTY SCHOOL DISTRICT SHALL BE GOVERNED AND MANAGED BY A BOARD OF TRUSTEES, THE NUMBER OF WHICH MUST BE THE SAME AS THE NUMBER OF MEMBERS COMPRISING THE CALHOUN COUNTY COUNCIL, PROVIDE FOR THE ELECTION OF THE SCHOOL TRUSTEES FROM SINGLE-MEMBER ELECTION DISTRICTS, PROVIDE FOR THE QUALIFICATIONS AND TERMS OF THE TRUSTEES AND FOR THE REAPPORTIONMENT OF THE TRUSTEES' ELECTION DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND PROVIDE FOR THE ELECTION OF TRUSTEES ON A NONPARTISAN BASIS AND FOR THE ANNUAL ELECTION OF THE SCHOOL BOARD'S CHAIRMAN; TO PROVIDE THAT MEMBERS OF THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT ELECTED IN 1992 SHALL CONTINUE IN OFFICE UNTIL THE PRESCRIBED EXPIRATION OF THEIR TERMS AND THAT ALL MEMBERS OF THE BOARD WHOSE TERMS WOULD OTHERWISE COMMENCE FOLLOWING THE 1994 ELECTION MUST BE ELECTED IN 1994 ACCORDING TO THE PROVISIONS OF THIS ACT; TO PROVIDE THAT THE INCUMBENT CHAIRMAN OF THE BOARD SHALL CONTINUE AS A MEMBER AND AS CHAIRMAN OF THE BOARD FOR THE REMAINDER OF HIS TERM AS A BOARD MEMBER; AND TO REPEAL SECTION 2 OF ACT 743 OF 1976, RELATING TO THE BOARD OF TRUSTEES OF THE CALHOUN COUNTY SCHOOL DISTRICT.
H. 4595 -- Reps. Jennings, Baxley, Neilson, Hines and J. Harris: A BILL TO AMEND SECTION 40-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEANING OF "ALARM SYSTEM BUSINESS" FOR PURPOSE OF REGULATION, SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE AN ELECTRIC SUPPLIER, ELECTRICAL UTILITY, OR MUNICIPALITY.
H. 4809 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO INVESTIGATIONS AND HEARINGS
S. 1045 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 23-6-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HIGHWAY PATROL DIVISION AND THE STATE POLICE DIVISION WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE REQUIREMENT FOR FILING, AMONG OTHER THINGS, A DESCRIPTION AND ILLUSTRATION OF THE OFFICIAL HIGHWAY PATROL UNIFORM, SO AS TO DELETE THE REQUIREMENT THAT THESE FILINGS BE MADE WITH THE SECRETARY OF STATE.
The following Bill was taken up.
H. 4566 -- Reps. Jennings, Askins, Baxley, Fulmer, P. Harris, Harrison, Hines, McAbee, Shissias, Snow, Spearman, Tucker, J. Wilder, Harwell, G. Brown, Neilson, Kinon, Beatty, Cobb-Hunter, Richardson, Keyserling, H. Brown, A. Young, Waldrop, Huff, T.C. Alexander, Stuart, Sturkie, R. Smith, Chamblee, Moody-Lawrence, Corning, Harrell, Thomas, Inabinett, Wilkins and Boan: A BILL TO AMEND CHAPTER 24 OF TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BANK HOLDING COMPANY ACT, SO AS TO REVISE AND FURTHER PROVIDE FOR DEFINITIONS AND REGULATORY PROVISIONS AND PROCEDURES IN ORDER TO PERMIT AFTER A SPECIFIED DATE AN OUT-OF-STATE BANK HOLDING COMPANY TO OPERATE AND MAKE ACQUISITIONS IN THIS STATE IN THE SAME MANNER THAT A SOUTHERN REGION BANK HOLDING COMPANY IS PERMITTED TO OPERATE AND MAKE ACQUISITIONS.
Rep. SCOTT spoke upon the Bill.
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Breeland Brown, G. Brown, H. Canty Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Farr Felder Gamble Harris, J. Harris, P. Harrison Haskins Holt Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Lanford Law Littlejohn Marchbanks Mattos McCraw McKay McLeod McMahand Meacham Moody-Lawrence Neilson Phillips Richardson Robinson Rogers Rudnick Sharpe Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Thomas Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Wilkes Williams Worley Young, A.
Those who voted in the negative are:
Cromer Harvin Kennedy Rhoad
So, the Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.
The following Bill was taken up.
H. 3996 -- Rep. Jennings: A BILL TO AMEND SECTION 56-3-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF MOTOR VEHICLES SO AS TO PROVIDE FOR REREGISTRATION OF A VEHICLE THAT WAS INOPERABLE OR IN STORAGE.
Rep. FARR moved to table the Bill, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted.
H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.
The following Bill was taken up.
H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, 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
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20415SD.94).
Amend the bill, as and if amended, by striking SECTION 1 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 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. Upon making the first payment, the employer shall immediately shall notify the commission, in accordance with a form prescribed by the commission, that payment of compensation has begun.
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; or
(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; or
(3) at any time within one hundred twenty days of the date that payments are commenced if a good faith investigation has revealed grounds for denial of the claim.
(C) If the employee has been released by the treating physician to work or to limited duty work and the employer provides work consistent with
(D) If the employee 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 of the employee of this medical treatment, examination, or evaluation to the commission and notice to the employee, compensation may be terminated unless the employee requests a hearing within ten days of receiving the notice.
(E) An employee within fifteen days after receiving notification that his payments have been terminated may request a hearing to have temporary compensation reinstituted after termination. This hearing must be held within thirty days of the date of the employee's request for such a hearing. (F) 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."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Reps. HARRELSON, DELLENEY, ROGERS, HARWELL, COBB-HUNTER and WHITE objected to the Bill.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH
The following Joint Resolution was taken up.
H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Reps. SIMRILL, HASKINS, FAIR, CATO, COOPER, DAVENPORT, KIRSH and STILLE objected to the Joint Resolution.
Rep. NEILSON moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.
S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP
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