Printed Page 2710, Apr. 26
| Printed Page 2730, Apr. 26
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Printed Page 2710, Apr. 26
| Printed Page 2730, Apr. 26
| Rules governing practice and procedure of all courts of the State, submitted to the General Assembly for consideration, must be given priority by the Judiciary Committee of each House and upon being reported out of the Committee must be set for special order for consideration on the calendar but not ahead of other matters previously set for special order./
Renumber rules to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HUFF.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION
42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES,
SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES
WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE
THAT
THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three five hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS explained the amendment.
Rep. CATO spoke against the amendment.
Rep. CLYBURN spoke in favor of the amendment.
Rep. CATO moved to table the amendment and demanded the yeas and nays, which
were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, H. Cain Carnell Cato Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Herdklotz Hodges Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser
Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Waldrop Walker Whatley Wilder Wilkins Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Breeland Byrd Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Felder Govan Harris, J. Harrison Hines Howard Hutson Inabinett Jennings Keyserling Knotts Lloyd Martin McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Smith, D. Stoddard Tucker Whipper, L. Whipper, S. White Williams Witherspoon Young, J.
So, the amendment was tabled.
Keegan (Present) Nay
McElveen (Absent) Aye
Reps. ROBINSON and SMITH proposed the following Amendment No. 2, which was tabled.
To strike all that after the enacting words and inserting:
Title 42 of the S.C. Code of Laws is hereby repealed.
The SPEAKER granted Rep. BOAN a leave of absence for the remainder of the day.
Rep. ROBINSON continued speaking.
Rep. CATO moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harrison Harvin Herdklotz Hines Hodges Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Lloyd Marchbanks McCraw McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S.
White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Delleney Fair Harris, J. Jennings Martin Robinson Smith, D. Thomas
So, the amendment was tabled.
Rep. CATO moved immediate cloture on the entire matter.
Rep. WHITE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Cooper Dantzler Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hutson Kelley Kirsh Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins
Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Beatty Breeland Byrd Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Felder Govan Harrison Hodges Howard Inabinett Jennings Keegan Keyserling Knotts Lloyd Martin McMahand Moody-Lawrence Neal Phillips Rogers Scott Sheheen Shissias Thomas Whipper, L. Whipper, S. White Wilkes Williams
So, immediate cloture was ordered.
Rep. BAXLEY moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Breeland Brown, G. Delleney Felder Hodges Howard Martin McMahand Moody-Lawrence Scott Sheheen Whipper, L. Whipper, S. White
Allison Askins Bailey Brown, H. Brown, J. Cain Carnell Cato Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Harwell Herdklotz Hutson Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. HARRISON moved to recommit the Bill.
Rep. CATO moved to table the motion.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as
follows:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Harrell Harris, J. Herdklotz Hutson Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Felder Govan Harrison Harvin Howard Jennings Keyserling Knotts Lloyd Martin McMahand Moody-Lawrence Neal Scott Sheheen Smith, D. Thomas Whipper, L. Whipper, S. White Williams Young, J.
Rep. THOMAS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10126JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred one thousand weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BBM\10125JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three fifteen hundred weeks. The compensation for partial loss of use of the back shall be such proportions of the periods of payment herein provided for total loss as such partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed to have suffered total and permanent disability and compensated therefor under paragraph two of Section 42-9-10."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BBM\10114JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19),
as contained in SECTION 1 at lines 26 through 37, and inserting:
Amend title to conform.
Rep. THOMAS explained the amendment.
Rep. CATO moved to table the amendment.
Rep. THOMAS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Fleming Gamble Hallman Harrell Herdklotz Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Waldrop Walker Whatley Wilkes Wilkins Witherspoon
Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Beatty Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harrison Harvin Howard Jennings Lloyd Martin McMahand Moody-Lawrence Neal Neilson Thomas Tucker Whipper, L. Whipper, S. White Williams Young, J.
So, the amendment was tabled.
Printed Page 2710, Apr. 26
| Printed Page 2730, Apr. 26
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