Journal of the Senate
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 3080, May 22 | Printed Page 3100, May 23 |

Printed Page 3090 . . . . . Thursday, May 23, 1996

READ THE THIRD TIME

RETURNED TO THE HOUSE WITH AMENDMENTS

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (3838R009.LAM) proposed by Senator MARTIN and previously printed in the Journal of Wednesday, May 22, 1996.

Senator MARTIN argued in favor of the adoption of the amendment and Senator COURTNEY argued contra.

Senator COURTNEY moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 18; Nays 19

AYES
Bryan               Courtney            Ford
Hayes               Holland             Hutto
Jackson             Land                Leventis
Matthews            McGill              Mescher
Passailaigue        Richter             Russell
Saleeby             Waldrep             Washington
TOTAL--18

NAYS
Alexander            Boan                 Cork
Drummond             Elliott              Fair
Giese                Gregory              Martin
McConnell            Moore                O'Dell
Peeler               Rose                 Ryberg

Printed Page 3091 . . . . . Thursday, May 23, 1996

Setzler              Smith, J.V.          Thomas
Wilson               
TOTAL--19

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator COURTNEY argued contra to the adoption of the amendment.

Senator COURTNEY moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 28; Nays 15

AYES
Bryan               Courtney            Ford
Giese               Glover              Hayes
Holland             Hutto               Jackson
Land                Lander              Leatherman
Leventis            Matthews            McConnell
McGill              Mescher             Moore
Passailaigue        Patterson           Rankin
Reese               Richter             Russell
Saleeby             Setzler             Smith, G.
Waldrep
TOTAL--28

NAYS
Alexander            Boan                 Cork
Drummond             Elliott              Fair
Gregory              Martin               O'Dell
Peeler               Rose                 Ryberg
Smith, J.V.          Thomas               Wilson
TOTAL--15

The amendment was laid on the table.


Printed Page 3092 . . . . . Thursday, May 23, 1996

Amendment No. 3

Senator FAIR proposed the following Amendment No. 3 (BBM\10864JM.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 42-1-670. Notwithstanding any other provision of law, bonuses awarded to employees shall not be included in the income which a workers' compensation carrier uses to determine the amount of the employer's premium or premiums for this type of insurance."/

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator FAIR moved that the amendment be adopted.

Senator LAND moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 29; Nays 10; Abstain 1

AYES
Alexander           Bryan               Courtney
Ford                Hayes               Holland
Hutto               Jackson             Land
Lander              Leatherman          Leventis
Matthews            McConnell           McGill
Mescher             Moore               Passailaigue
Patterson           Rankin              Rose
Russell             Saleeby             Setzler
Smith, G.           Smith, J.V.         Waldrep
Washington          Wilson              
TOTAL--29

NAYS
Boan                 Cork                 Drummond
Elliott              Fair                 Gregory
Martin               Peeler               Ryberg
Thomas
TOTAL--10

Printed Page 3093 . . . . . Thursday, May 23, 1996

ABSTAIN

Richter

TOTAL--1

The amendment was laid on the table.

Amendment No. 4

Senator PEELER proposed the following Amendment No. 4 (3838R011.HSP), which was adopted:

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

/SECTION .Section 42-5-50 of the 1976 Code is amended to read:

"Section 42-5-50. Whenever an employer has complied with the provisions of Section 42-5-20 relating to self-insurance, the Commission shall issue to such employer a certificate, which shall remain in force for a period fixed by the Commission. But the Commission may, upon at least sixty days' notice and a hearing to the employer, revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the Commission may grant a new certificate to the employer upon his petition.

If the commission either fails to issue or revokes a certificate of compliance with the self-insurance provisions because it finds that the proof of financial ability provided by the employer to the commission is not satisfactory, the employer is entitled to judicial review of the failure to issue or the revocation by the Circuit Court./

Renumber sections to conform.

Amend title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 8

Senator BOAN proposed the following Amendment No. 8 (JUD3838.005), which was tabled:

Amend the bill, as and if amended, page 8, line 27, in SECTION 11, by striking /1997/ and inserting therein /1999/

Amend the bill further, as and if amended, page 8, line 33, in SECTION 12, by striking /1997/ and inserting therein /1999/


Printed Page 3094 . . . . . Thursday, May 23, 1996

Amend the bill further, as and if amended, page 8, line 37, in SECTION 12, by striking /1997/ and inserting therein /1999/

Amend title to conform.

Senator BOAN explained the amendment.

Senator LAND spoke on the amendment.

Senator LAND moved to lay the amendment on the table.

The amendment was laid on the table.

ACTING PRESIDENT PRESIDES

At 11:55 A.M., Senator MARTIN assumed the Chair.

Amendment No. 9

Senator ELLIOTT proposed the following Amendment No. 9 (3838R013.DE), which was tabled:

Amend the bill, as and if amended, page 8, line 39, before the word /Furthermore/ by adding the following:

/No employer who has rejected the terms of Title 42 prior to approval of this act may extend a contract for another form of employee benefits insurance in effect on the date this act is approved beyond July 1, 1997; provided, that a contract in effect on the date this act is approved which has an expiration date beyond July 1, 1997 may be maintained until the expiration date provided under the contract and the employer does not have to comply with the provisions of this act relating to insuring their worker's compensation liabilities until the expiration date; provided further, that the employer shall present evidence of any such contract to the Commission./

Renumber sections to conform.

Amend title to conform.

Senator ELLIOTT explained the amendment.

Senator COURTNEY spoke on the amendment.

Senator COURTNEY moved to lay the amendment on the table.

The amendment was laid on the table.


Printed Page 3095 . . . . . Thursday, May 23, 1996

Amendment No. 4

Motion to Reconsider Adopted

Having voted on the prevailing side, Senator PEELER moved to reconsider the vote whereby Amendment No. 4 (3838R011.HSP) proposed by Senator PEELER was adopted.

The motion to reconsider was adopted.

The question then was the adoption of the amendment.

On motion of Senator PEELER, with unanimous consent, Amendment No. 4 was withdrawn.

Amendment No. 10

Senator FAIR proposed the following Amendment No. 10 (3838R015.MF), which was tabled:

Amend the bill, as and if amended, page 8, by striking SECTION 12 (lines 29 through 43), and inserting:

/SECTION 12. Except as may otherwise be provided in this act, this act takes effect upon approval by the Governor. Employers who have filed with the Workers' Compensation Commission a notice to reject the provisions of Title 42 on or before May 1, 1996 shall not be required to comply with the provisions of this act relating to insuring their workers' compensation liabilities. Any employer who has rejected the terms of this title on or before May 1, 1996 and has procured another form of employee benefits insurance shall not be required to comply with the provisions of this act relating to the insuring of its workers' compensation liabilities. Furthermore, nothing in this act shall affect or alter any cause of action, right, or claim accruing on or before May 1, 1996; any such cause of action, remedy, or claim accruing before the effective date of this act shall be governed by the law prior to the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Senator FAIR explained the amendment.

Senator COURTNEY spoke on the amendment.

Senator COURTNEY moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 28; Nays 12

Printed Page 3096 . . . . . Thursday, May 23, 1996

AYES
Alexander           Bryan               Courtney
Ford                Glover              Hayes
Holland             Jackson             Land
Lander              Leventis            Matthews
McConnell           McGill              Mescher
Moore               Passailaigue        Patterson
Rankin              Reese               Richter
Rose                Russell             Saleeby
Setzler             Waldrep             Washington
Wilson              
TOTAL--28

NAYS
Boan                 Cork                 Drummond
Elliott              Fair                 Gregory
Hutto                Martin               O'Dell
Peeler               Ryberg               Thomas
TOTAL--12

The amendment was laid on the table.

PRESIDENT PRESIDES

At 12:23 P.M., the PRESIDENT assumed the Chair.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

Leave of Absence

On motion of Senator HOLLAND, at 11:00 A.M., Senator SHORT was granted a leave of absence for today.

Doctor of the Day

Senator MARTIN introduced Dr. Larry Winn of Easley, S.C., Doctor of the Day.


Printed Page 3097 . . . . . Thursday, May 23, 1996

Leave of Absence

At 11:45 A.M., Senator GIESE requested a leave of absence from 12:00 - 2:15 P.M.

Leave of Absence

At 1:00 P.M., Senator LEATHERMAN requested a leave of absence beginning at 4:00 P.M., for the balance of the day.

Message from the House

Columbia, S.C., May 23, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Very respectfully,
Speaker of the House

S. 949--REPORT OF THE

COMMITTEE OF CONFERENCE ADOPTED

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

On motion of Senator PEELER, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator PEELER spoke on the report.

On motion of Senator PEELER, the Report of the Committee of Conference to S. 949 was adopted as follows:


Printed Page 3098 . . . . . Thursday, May 23, 1996

S. 949--Conference Report

The General Assembly, Columbia, S.C., May 23, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the acting words and inserting the following:

/SECTION 1. The General Assembly finds that:

(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;

(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and

(3) the General Assembly by this act is desirous of correcting this inequity.

SECTION 2. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination.


Printed Page 3099 . . . . . Thursday, May 23, 1996

SECTION 3. Notwithstanding any other provision of law, before a student may enter a teacher education program after December 1, 1996, he or she must have passed the Education Entrance Examination (EEE). After December 1, 1996, any person who has failed to achieve a passing score on all sections of the EEE after two attempts may retake for a third time any test section not passed in the manner allowed by this section. The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education. A third administration of the examination may then be given to this person. If the person fails to pass the EEE after the third attempt, he or she after a period of three years may take the EEE or any sections not passed for a fourth time under the same terms and conditions provided by this section for persons desiring to take the EEE for a third time.

SECTION 4. This act takes effect upon approval by the Governor, except that the provisions of Section 2 hereof expire on December 1, 1996./

Amend Title to conform.

/s/Senator Harvey Peeler .......... /s/Rep. Michael Jaskwhich
/s/Senator John Matthews .......... /s/Rep. Margaret Gamble
/s/Senator Wes Hayes .......... /s/Rep. Willie McMahand

for the Senate. .......... for the House.

, and a message was sent to the House accordingly.

S. 949--Enrolled for Ratification

The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

A message was sent to the House accordingly.

RECALLED

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY


Printed Page 3100 . . . . . Thursday, May 23, 1996

TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.


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