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 4000, May 24 | Printed Page 4020, May 24 |
Printed Page 4010 . . . . . Wednesday, May 24, 1995
Those who voted in the negative are: 
Total--0



So, the veto of the Governor was overridden and a message was ordered sent to
the Senate accordingly.

S. 632--ADOPTED AND SENT TO THE SENATE


The following Concurrent Resolution was taken up.


S. 632 -- Senator Drummond:  A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT
SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW
BUILDING
AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER,
SR.,
OF COLUMBIA.

Whereas, the Honorable C. Lem Harper, Sr., is a graduate of Columbia High
School and attended the University of South Carolina and the Extension Division
Real Estate School; and

Whereas, his record exemplifies one of performance and integrity.  The
following positions have been achieved through hard work and dedication: he has
been president of C. Lem Harper Tailoring for fifty years; he served on the
South Carolina Coordinating Council for Economic Development; he is past
president of the South Carolina and Columbia Junior Chamber of Commerce; he is
the past president of the Southern Conference of Football Officials Association;
he is a member of the Richland Sertoma Club; he has served as a potentate's aide
for the Jamil Shrine Temple; he is past National Americanism Chairman of the
United States Jaycees; he served in the South Carolina House of Representatives
from 1967-71, and in the House he served on the Education and Public Works
Committee and the Military, Public and Municipal Affairs Committee; and he was
elected by the General Assembly to serve as commissioner of the South Carolina
Employment Security Commission in 1971, and has served continuously on the
commission ever since; and

Whereas, Lem Harper has been an outstanding member of the Employment Security
Commission and has long been an excellent and dedicated public servant; and

Whereas, he is a truly distinguished South Carolinian who has given most
generously of his time and talents to the people of the Palmetto State for many
years, and it would indeed be most fitting and appropriate that his services be
honored by naming for him the new building at the Employment Security
Commission's Columbia Complex.  Now, therefore,





Printed Page 4011 . . . . . Wednesday, May 24,
1995



  Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution,
requests the Employment Security Commission to take the necessary steps to
ensure that the new building at the offices of the commission be named for the
Honorable C. Lem Harper, Sr., of Columbia.

Be it further resolved that a copy of this resolution be forwarded to the
Honorable Samuel R. Foster, Chairman of the South Carolina Employment Security
Commission.


The Concurrent Resolution was adopted and ordered returned to the Senate.

MOTION PERIOD


The motion period was dispensed with on motion of Rep. HASKINS.

H. 3931--DEBATE ADJOURNED


Rep. A. YOUNG moved to adjourn debate upon the following Bill until
Wednesday, May 31, which was adopted.


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 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



Printed Page 4012 . . . . . Wednesday, May 24,
1995



 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
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.






Printed Page 4013 . . . . . Wednesday, May 24,
1995




H. 3827--DEBATE ADJOURNED


Rep. A. YOUNG moved to adjourn debate upon the following Bill until
Wednesday, May 31, which was adopted.


H. 3827 -- Rep. Cato:  A BILL TO AMEND SECTION 38-73-1425, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR
PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE SOUTH CAROLINA
REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG
OTHER THINGS, THAT BEGINNING JANUARY 1, 1996, AND ANNUALLY THEREAFTER, THE
FINAL
RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK
CEDED
TO THE FACILITY MUST BE CALCULATED SO THAT THE PROJECTED COMBINED RATIO FOR
RISKS SUBJECT TO THE FINAL RATE OR PREMIUM CHARGES IS NO MORE THAN ONE
HUNDRED
PERCENT; TO PROVIDE, AMONG OTHER THINGS, THAT THE PROVISIONS OF SECTION
38-73-1425 AS AMENDED BY THIS ACT, ARE EFFECTIVE ON JANUARY 1, 1996; TO AMEND
SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF
REINSURANCE FACILITY FILE AN EXPENSE COMPONENT, SO AS TO DELETE CERTAIN
LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED
IN
OPERATING RESULTS OF THE REINSURANCE FACILITY MUST BE APPLIED EXCLUSIVELY TO
REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER
AUTOMOBILE
INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-455, AS AMENDED,
RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS,
THAT MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY
UTILIZE
DIFFERENT FILED RATES FOR AUTOMOBILE INSURANCE COVERAGES WHICH THEY ARE
MANDATED
BY LAW TO WRITE IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY
THE
DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-77-280, AS
AMENDED,
RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES,
SO
AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER
THINGS,
THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE SHALL COMPILE A



Printed Page 4014 . . . . . Wednesday, May 24,
1995



 COMPARATIVE STATISTICAL ANALYSIS OF THE COMPLAINTS RECEIVED BY, OR FILED WITH,
THE DEPARTMENT FROM PERSONS ALLEGING DISCRIMINATION WHEN THE PERSON IS
DENIED
PHYSICAL DAMAGE COVERAGES BY AN INSURER; TO AMEND THE 1976 CODE BY ADDING
SECTION 38-77-596 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTION 38-77-590, UPON
NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED
PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF
AUTOMOBILE
INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED,
RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN
INSURER, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER
OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT MAY CEDE UP TO, AND
INCLUDING,
ONE HUNDRED PERCENT OF TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH
CAROLINA
AUTOMOBILE INSURANCE AS REPORTED IN THE MOST RECENTLY FILED ANNUAL
STATEMENT OF
THE INSURER OR GROUP, PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR
UNREASONABLE UTILIZATION IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE
INSURER OR A GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS
ABOUT
TO CEDE MORE THAN FIFTY PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL
DIRECT CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS
REPORTED IN THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR
GROUP,
PROVIDE THAT A PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION OF
THE
FACILITY IS ESTABLISHED UPON A SHOWING THAT AN AUTOMOBILE INSURANCE INSURER
OR A
GROUP OF INSURERS UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE
MORE
THAN SIXTY-FIVE PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT
CEDEABLE WRITTEN PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS
REPORTED IN
THE MOST RECENTLY FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, PROVIDE
THAT A
PRIMA FACIE CASE OF EXCESSIVE OR UNREASONABLE UTILIZATION IS ESTABLISHED UPON
A
SHOWING THAT AN AUTOMOBILE INSURANCE INSURER OR A GROUP OF INSURERS



Printed Page 4015 . . . . . Wednesday, May 24,
1995



 UNDER THE SAME MANAGEMENT HAS CEDED OR IS ABOUT TO CEDE MORE THAN EIGHTY
PERCENT, RATHER THAN THIRTY-FIVE PERCENT, OF TOTAL DIRECT CEDEABLE WRITTEN
PREMIUMS ON SOUTH CAROLINA AUTOMOBILE INSURANCE AS REPORTED IN THE MOST
RECENTLY
FILED ANNUAL STATEMENT OF THE INSURER OR GROUP, AND PROVIDE FOR VARYING
EFFECTIVE DATES FOR THE ABOVE CHANGES TO THE PROVISIONS OF SECTION 38-77-950; TO
AMEND THE 1976 CODE BY ADDING SECTION 38-73-458 SO AS TO PROVIDE, AMONG OTHER
THINGS THAT INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL
MEMBERS OF RATING ORGANIZATIONS MAY ELECT TO FILE PRIVATE PASSENGER
AUTOMOBILE
INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE"
RATING METHODOLOGY; TO REQUIRE ALL INSURERS SUBJECT TO SECTION 38-77-280 TO
SUBMIT RATE FILINGS TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WITHIN
TWELVE
MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT, AND PROVIDE THAT THESE
FILINGS
MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS
ACT; AND TO PROVIDE THAT IF ANY PROVISION OF THIS ACT OR THE APPLICATION
THEREOF
TO ANY PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL OR OTHERWISE
INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF SUCH PROVISION TO
OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND THAT IT IS TO BE
CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE
REMAINDER
OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION.

H. 3759--AMENDED AND ORDERED TO THIRD READING


The following Bill was taken up.


H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill,
Limehouse and Meacham:  A BILL TO ENACT THE "SOUTH CAROLINA FAIR DEALING
WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH
CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE
REQUIREMENT
THAT THE AUTHORITY COMPLY WITH THE



Printed Page 4016 . . . . . Wednesday, May 24,
1995



 PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND
SECTION 13-21-30, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY AND THE RIGHTS
AND POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE
AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO
MINORITY
BUSINESSES; TO AMEND SECTION 41-43-90, AS AMENDED, RELATING TO THE SOUTH
CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY AND TO THE CORPORATE AND
OTHER
POWERS OF THE AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY
COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY
BUSINESSES;
AND TO REPEAL SECTION 12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES
OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED ETHNIC
MINORITIES AND DISADVANTAGED FEMALES, AND ARTICLE 21 OF CHAPTER 35, TITLE 11,
RELATING TO THE PROCUREMENT CODE AND ASSISTANCE TO MINORITY BUSINESSES.


Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. SIMRILL moved to table the motion.

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The motion to adjourn debate was tabled by a division vote of 41 to 20.

SPEAKER PRO TEMPORE IN CHAIR



Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name
L:\council\legis\amend\BBM\10331JM.95), which was tabled.

Amend the bill, as and if amended, page 2, by striking SECTION 2 in its
entirety.

Amend further, pages 2-3, by striking SECTION 3 in its entirety.

Amend further, page 3, by striking SECTION 4 in its entirety.

Amend further, pages 3-4, by striking SECTION 5 in its entirety.

Amend further, by adding the following appropriately-numbered SECTION to
read:

/SECTION   .  Notwithstanding any other provision of this act:

(1)  The State Budget and Control Board shall collect and maintain data on
South Carolina businesses owned and controlled by socially and economically
disadvantaged ethnic minorities and disadvantaged females and shall provide this
data annually to all other state agencies.





Printed Page 4017 . . . . . Wednesday, May 24,
1995



  (2) No provision of this act or any other provision of law shall affect
detrimentally or diminish efforts by the State of South Carolina and its
agencies to notify and include South Carolina businesses owned and controlled by
socially and economically disadvantaged ethnic minorities and disadvantaged
females in contract negotiations involving the State of South Carolina and its
agencies./

Renumber sections to conform.

Amend title to conform.


Rep. L. WHIPPER explained the amendment.

POINT OF ORDER


Rep. MARCHBANKS raised the Point of Order that Amendment No. 1 was out of
order as it was not germane.

SPEAKER Pro Tempore HASKINS stated that the main thrust of the amendment was
to strike a section but that it was germane and he overruled the Point of Order.


Rep. L. WHIPPER continued speaking.

LEAVE OF ABSENCE


The SPEAKER Pro Tempore granted Rep. J. BROWN a temporary leave of absence.


Rep. L. WHIPPER spoke in favor of the amendment.

   Rep. KENNEDY moved to recommit the Bill to the Committee on Labor,
Commerce and Industry.

Rep. CATO moved to table the motion.


Rep. KENNEDY demanded the yeas and nays, which were taken resulting as
follows:


Yeas 57; Nays 37



Those who voted in the affirmative are:


Allison          Boan             Cain
Cato             Chamblee         Cooper
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Gamble           Hallman          Harris, J.
Harrison         Haskins          Herdklotz




Printed Page 4018 . . . . . Wednesday, May 24,
1995




Hutson           Keegan           Kelley
Kirsh            Knotts           Koon
Lanford          Law              Limehouse
Littlejohn       Marchbanks       Mason
McCraw           Meacham          Quinn
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Stoddard         Stuart           Townsend
Trotter          Vaughn           Waldrop
Wells            Whatley          Wilder
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--57


   Those who voted in the negative are:


Anderson         Askins           Baxley
Beatty           Breeland         Brown, G.
Brown, T.        Byrd             Carnell
Cave             Clyburn          Cotty
Govan            Hines            Hodges
Howard           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Lloyd            Martin           McAbee
McElveen         McMahand         Moody-Lawrence
Neilson          Richardson       Scott
Spearman         Stille           Thomas
Tucker           Whipper, L.      Whipper, S.
White

Total--37



So, the motion to recommit was tabled.

SPEAKER IN CHAIR



Rep. GOVAN spoke in favor of the amendment.

Rep. CATO moved to table the amendment.






Printed Page 4019 . . . . . Wednesday, May 24,
1995



  Rep. KENNEDY demanded the yeas and nays, which were taken resulting as
follows:


Yeas 62; Nays 32



Those who voted in the affirmative are:


Allison          Baxley           Boan
Cain             Cato             Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Fair             Fleming          Gamble
Hallman          Harris, J.       Harrison
Haskins          Herdklotz        Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limehouse        Littlejohn       Marchbanks
Mason            McCraw           Meacham
Quinn            Rice             Riser
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, R.
Stille           Stoddard         Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--62


   Those who voted in the negative are:


Anderson         Askins           Breeland
Brown, G.        Brown, T.        Byrd
Carnell          Cave             Clyburn
Govan            Hines            Howard
Huff             Inabinett        Jennings
Kennedy          Keyserling       Kinon
Lloyd            McAbee           McMahand
Moody-Lawrence   Neilson          Rhoad
Richardson       Scott            Spearman




Printed Page 4020 . . . . . Wednesday, May 24,
1995




Thomas           Whipper, L.      Whipper, S.
White            Wilkes

Total--32



So, the amendment was tabled.





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