Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 4660, May 30 | Printed Page 4680, May 30 |

Printed Page 4670 . . . . . Thursday, May 30, 1996

Rep. DAVENPORT proposed the following Amendment No. 14A (Doc Name P:\amend\PT\2597JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:

/2000/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 1999, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT explained the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

Rep. YOUNG-BRICKELL moved to table the amendment.

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

The amendment was then tabled by a division vote of 52 to 27.


Printed Page 4671 . . . . . Thursday, May 30, 1996

Rep. DAVENPORT proposed the following Amendment No. 15A (Doc Name P:\amend\PT\2598JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:

/2002/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2001, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 16A (Doc Name P:\amend\PT\2599JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting:

/2003/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2002, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 17A (Doc Name P:\amend\BBM\10892JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2004/.

Amend further, page 9, by striking lines 4 through 18, and inserting:


Printed Page 4672 . . . . . Thursday, May 30, 1996

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2003, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 18A (Doc Name P:\amend\BBM\10893JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2005/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2004, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 19A (Doc Name P:\amend\BBM\10894JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2006/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2005, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./


Printed Page 4673 . . . . . Thursday, May 30, 1996

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 20A (Doc Name P:\amend\BBM\10895JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2007/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2006, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 21A (Doc Name P:\amend\BBM\10896JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2008/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2007, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.


Printed Page 4674 . . . . . Thursday, May 30, 1996

Rep. DAVENPORT proposed the following Amendment No. 22A (Doc Name P:\amend\BBM\10897JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2009/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2008, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 23A (Doc Name P:\amend\BBM\10899JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2010/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2009, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 24A (Doc Name P:\amend\BBM\10900JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2011/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any


Printed Page 4675 . . . . . Thursday, May 30, 1996

employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2010, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 25A (Doc Name P:\amend\BBM\10902JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2012/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2011, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 26A (Doc Name P:\amend\BBM\10901JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2013/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2012, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.


Printed Page 4676 . . . . . Thursday, May 30, 1996

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 27A (Doc Name P:\amend\BBM\10903JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2014/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2013, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 28A (Doc Name P:\amend\BBM\10904JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2015/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2014, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 29A (Doc Name P:\amend\BBM\10905JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2016/.


Printed Page 4677 . . . . . Thursday, May 30, 1996

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2015, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. CATO moved to table the amendment, which was agreed to by a division vote of 56 to 24.

Rep. DAVENPORT proposed the following Amendment No. 30A (Doc Name P:\amend\BBM\10906JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2017/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2016, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 31A (Doc Name P:\amend\BBM\10907JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2018/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2017, which


Printed Page 4678 . . . . . Thursday, May 30, 1996

notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 32A (Doc Name P:\amend\BBM\10908JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2019/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2018, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. DAVENPORT moved to table the amendment, which was agreed to.

Rep. DAVENPORT proposed the following Amendment No. 33A (Doc Name P:\amend\BBM\10909JM.96), which was tabled.

Amend the bill, as and if amended, page 9, line 2, by striking /1997/ and inserting /2020/.

Amend further, page 9, by striking lines 4 through 18, and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor; provided, that any employer, regardless of its status with respect to being subject, or not being subject, to Title 42 of the 1976 Code of Laws, may file a notice with the Workers' Compensation Commission by July 1, 2019, which notice reserves the right to give notice at a later date either to become subject to Title 42 or to reject the provisions of Title 42./

Amend title to conform.

Rep. CATO moved to table the amendment, which was agreed to by a division vote of 48 to 20.


Printed Page 4679 . . . . . Thursday, May 30, 1996

Rep. LANFORD proposed the following Amendment No. 34A (Doc Name P:\amend\BBM\10913JM.96), which was tabled.

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

/"Section 42-9-265. (A) The provisions of this section apply with respect to employers who have filed with the commission a notice to reject the provisions of this title and are, therefore, not operating under the provisions of this title.

(B) In the event that an employer chooses to stop payment of benefits to an employee who has sustained an injury arising out of and in the course of that employee's employment, and the employee chooses to contest the stop-payment, then that employee may appeal to an arbitration board composed of five rank-and-file employees of the company. The board members shall be elected annually by the rank-and-file employees of the company. The members of the board shall set a time for all parties to be heard regarding the employee's appeal of the stop-payment and shall render a decision as to whether payments to the injured employee shall continue. This decision shall be rendered within five working days of the employee's appeal of the stop-payment. The appeal hearing must be conducted on company time at a time and place convenient to the parties. If the board's ruling is favorable to the employee, then the ruling constitutes a final decision and payments to the employee must continue, based upon the board's findings, for a period of at least six weeks, at which time another appeal may be heard unless the employee voluntarily returns to his previous job and discontinues payment benefits."/

Renumber sections to conform.

Amend title to conform.

Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. ROBINSON proposed the following Amendment No. 10A (Doc Name P:\amend\PT\2592JM.96), which was tabled.

Amend the bill, as and if amended, Section 42-1-160, as contained in SECTION 2, page 3, line 5, by inserting /by clear and convincing evidence/ after /established/ and before /that/, so that the line, when amended shall read:


| Printed Page 4660, May 30 | Printed Page 4680, May 30 |

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