Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 2180 . . . . . Wednesday, April 5, 1995
Wednesday, April 5, 1995

(Statewide Session)

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.

MOTION ADOPTED

Rep. CAIN moved that when the House adjourns, it adjourn in memory of Rev. C.L. Letson of Walhalla, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

Printed Page 2181 . . . . . Wednesday, April 5, 1995
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

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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.

Printed Page 2183 . . . . . Wednesday, April 5, 1995
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

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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.

CONCURRENT RESOLUTION

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.

Printed Page 2185 . . . . . Wednesday, April 5, 1995
INTRODUCTION OF BILLS

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,

Printed Page 2186 . . . . . Wednesday, April 5, 1995
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
Printed Page 2187 . . . . . Wednesday, April 5, 1995
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
Printed Page 2188 . . . . . Wednesday, April 5, 1995
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

Printed Page 2189 . . . . . Wednesday, April 5, 1995
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

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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
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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.

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