Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 57:7: "My heart is steadfast, O God, my heart is steadfast."
Let us pray. Lord, accept our thanks for these moments of meditation and prayer. Our thanks for Your guidance, wisdom, strength and courage, for the many times You bear us up when we are falling. Now, continue to be a source of inspiration and a lifeline for these Representatives and staff in doing the work of the people. Bless our Nation, President, State, Governor and all who carry the responsibility of leadership in this State. Protect our defenders of freedom as they protect us. We ask in the name of our Lord. 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.
Rep. MACK moved that when the House adjourns, it adjourn in memory of William Means Bowling of Greenville, father-in-law of Representative Fletcher Smith, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4773 (Word version) -- Reps. Sinclair, Rivers, Harrison, G. M. Smith, Davenport, Mitchell, McLeod, Allen, Delleney, Mahaffey, McGee, W. D. Smith, Talley and White: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH A HEALTH CARE POWER OF ATTORNEY, SO AS TO CONFORM THE SOUTH CAROLINA STATUTORY FORM FOR THE HEALTH CARE POWER OF ATTORNEY TO PROVIDE FURTHER FOR A SUCCESSOR AGENT, TO INCLUDE A HIPAA (HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT OF 1996) AUTHORIZATION, TO CLARIFY DESIGNATION CHOICES IN CONNECTION WITH TUBE FEEDING, AND TO PROVIDE FOR AN OPTIONAL ACKNOWLEDGEMENT BY A NOTARY PUBLIC.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
S. 800 (Word version) -- Senators Sheheen and Hawkins: A BILL TO AMEND SECTION 56-5-6450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO TWO HUNDRED DOLLARS AND PROVIDE FOR A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IF INJURY TO A CHILD RESULTS FROM A VIOLATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4735 (Word version) -- Reps. Harrison and Jennings: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING THE FITNESS OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO INCREASE FROM FIFTEEN DAYS TO SIXTY DAYS THE TIME WITHIN WHICH THE MENTAL HEALTH EVALUATION OF THE PERSON MUST BE COMPLETED AND TO AUTHORIZE THE COURT ON GOOD CAUSE SHOWN TO GRANT AN EXTENSION OF UP TO THIRTY DAYS; TO AMEND SECTION 44-23-420, RELATING TO THE FITNESS TO STAND TRIAL REPORT OF A MENTAL HEALTH EVALUATION EXAMINER, SO AS TO INCREASE FROM FIVE TO TEN DAYS THE TIME WITHIN WHICH THE EXAMINER MUST SUBMIT HIS REPORT; AND TO AMEND SECTION 44-23-430, RELATING TO COMPETENCY HEARINGS AND DISPOSITION OF CASES IN SUCH HEARINGS, SO AS TO DECREASE FROM SIXTY DAYS TO FOURTEEN DAYS THE TIME WITHIN WHICH THE SOLICITOR MUST INITIATE JUDICIAL COMMITMENT PROCEEDINGS FOR A PERSON FOUND TO BE UNFIT TO STAND TRIAL AND IN ADDITION TO HOSPITALIZING THE PERSON, TO AUTHORIZE THE COURT IN SUCH A PROCEEDING TO CONTINUE THE PERSON IN DETENTION OR ON BOND.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3795 (Word version) -- Reps. Rutherford, Scott, Hosey, Govan, Cobb-Hunter, Hamilton, Loftis, E. H. Pitts, G. R. Smith, Mahaffey, J. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROHIBIT SMOKING IN A RESTAURANT AND TO PROVIDE A PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. HARRISON for the Committee on Judiciary, submitted a favorable report with amendments.
Rep. WEEKS for the minority, submitted an unfavorable report on:
H. 4579 (Word version) -- Reps. Merrill, Bingham, E. H. Pitts, Hardwick, Haley, Bailey, Bales, Cato, Dantzler, Duncan, Hinson, Jefferson, Leach, Loftis, Mahaffey, Moody-Lawrence, Neilson, M. A. Pitts, Umphlett and Young: A BILL TO AMEND SECTION 59-19-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHOOL TRUSTEE'S TERM OF OFFICE, SO AS TO PROVIDE THAT IN A SCHOOL DISTRICT WHERE SCHOOL BOARD MEMBERS ARE ELECTED, THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER; TO AMEND SECTIONS 59-71-40 AND 59-71-50, BOTH RELATING TO A SCHOOL BOND ELECTION, SO AS TO PROVIDE THAT THE ELECTION MUST BE HELD ON THE SECOND TUESDAY OF NOVEMBER.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4240 (Word version) -- Reps. Sandifer, Cato and Vaughn: A BILL TO AMEND SECTION 23-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS REGARDING THE PUBLIC SAFETY COMMUNICATIONS CENTER, SO AS TO REVISE THE DEFINITION OF THE TERM "COMMITTEE"; AND TO AMEND SECTION 23-47-65, AS AMENDED, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REENACT THE SECTION ESTABLISHING THE COMMITTEE AND MAKE IT PERMANENT, TO REVISE THE NAME OF THE COMMITTEE, TO REMOVE THE STATE AUDITOR AND THE DIRECTOR OF THE OFFICE OF INFORMATION RESOURCES AS MEMBERS OF THIS COMMITTEE, TO INCLUDE A DIVISION DIRECTOR OF THE BUDGET AND CONTROL BOARD AS A MEMBER OF THE BOARD, TO ELIMINATE TERM LIMITS APPLICABLE TO COMMITTEE MEMBERS, TO MAKE TECHNICAL CHANGES, AND TO MAKE CONFORMING AMENDMENTS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1143 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO FEES AND CHARGES OF CONSUMER CREDIT COUNSELING ORGANIZATION LICENSEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2995, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4351 (Word version) -- Reps. Ballentine, W. D. Smith, Vick, G. M. Smith, Altman, Hagood, Haley, Neilson, J. E. Smith, Haskins, Jennings, Funderburk, Jefferson, Hinson, G. Brown, Limehouse, Townsend, Miller, Agnew, Pinson, Sinclair, Bannister, Frye, E. H. Pitts, Clark, Umphlett, Leach, Loftis, Battle, Kennedy, Anthony, Allen, Mack, Anderson, Moody-Lawrence, Mitchell, McLeod, Coleman, Clemmons, Delleney, Rutherford, R. Brown, Parks, J. H. Neal, Howard, Clyburn, Govan, Hodges, Cobb-Hunter, Hosey, J. Brown, Young, M. Hines, Weeks, Hiott, Toole, Huggins, Hardwick, M. A. Pitts, Littlejohn, Branham, Cotty, J. R. Smith, Owens, Duncan, Skelton, Mahaffey, Bales, Whipper, Stewart, McGee, Hamilton, Bowers, Perry, Viers, Dantzler, Davenport, Chellis, Herbkersman and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE INSURANCE COVERAGE FOR TREATMENT OF PERVASIVE DEVELOPMENTAL DISORDERS AND TO DEFINE "PERVASIVE DEVELOPMENTAL DISORDER" AS A NEUROLOGICAL CONDITION, INCLUDING AUTISM AND ASPERGER'S SYNDROME.
Ordered for consideration tomorrow.
The following was introduced:
H. 4948 (Word version) -- Rep. Cotty: A HOUSE RESOLUTION TO CONGRATULATE MICHELE TAYLOR-BROWN, KINDERGARTEN TEACHER AT RICE CREEK ELEMENTARY SCHOOL IN RICHLAND COUNTY, ON BEING NAMED RICHLAND COUNTY SCHOOL DISTRICT TWO TEACHER OF THE YEAR AND A FINALIST FOR THE SOUTH CAROLINA TEACHER OF THE YEAR FOR 2005-2006, AND TO EXTEND SINCERE APPRECIATION FOR HER OUTSTANDING LEADERSHIP AND MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4949 (Word version) -- Rep. Hagood: A CONCURRENT RESOLUTION TO HONOR MS. IJUANA GADSDEN OF CHARLESTON COUNTY FOR HER DEDICATION TO THE STUDENTS OF THE COLLEGE OF CHARLESTON AND TO RECOGNIZE THE MANY AND VARIED CONTRIBUTIONS THIS OUTSTANDING SOUTH CAROLINIAN MAKES DAILY TO THE COLLEGE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4950 (Word version) -- Reps. G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SUSAN AUDE, FORMER ANCHOR OF WIS NEWS, FOR HER OUTSTANDING CONTRIBUTIONS TO THE FIELD OF BROADCAST JOURNALISM AND TO THE LIVES OF ALL SOUTH CAROLINIANS, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4951 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE THAT IN A COUNTY OF AT LEAST ONE-THOUSAND SQUARE MILES IN SIZE AND WHICH HAS HAD AN UNEMPLOYMENT RATE GREATER THAN THE STATE AVERAGE AND AN AVERAGE PER CAPITA LOWER THAN THE STATE AVERAGE PER CAPITA INCOME FOR THE PAST TEN YEARS AND WHICH IS OTHERWISE NOT ELIGIBLE FOR ANY SPECIAL CLASSIFICATION, THE TARGETED JOBS TAX CREDIT ALLOWED IN THE COUNTY IS TWO TIERS HIGHER THAN THE CREDIT FOR WHICH THE COUNTY WOULD OTHERWISE QUALIFY.
Referred to Committee on Ways and Means
On motion of Rep. ANDERSON, with unanimous consent, the following was taken up for immediate consideration:
H. 4952 (Word version) -- Reps. Anderson and Kennedy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE STUDENTS, COACHES, AND SCHOOL OFFICIALS OF THE HEMINGWAY HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON WINNING THE CLASS A LOWER STATE CHAMPIONSHIP AND THE REGIONAL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives extend the privilege of the floor to the students, coaches, and school officials of the Hemingway High School Boys Varsity Basketball Team on a date and at a time to be determined by the Speaker to congratulate them on winning the Class A Lower State Championship and the Regional Championship.
The Resolution was adopted.
The following was introduced:
H. 4953 (Word version) -- Reps. Anderson, Kennedy, Agnew, Allen, Altman, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE THE HEMINGWAY HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM OF WILLIAMSBURG COUNTY ON ITS GREAT 2005-2006 SEASON WHICH RESULTED IN THEIR WINNING THE CLASS A LOWER STATE CHAMPIONSHIP AND THE REGIONAL CHAMPIONSHIP AND TO HONOR THE PLAYERS AND COACH BARRY MCFADDEN FOR THESE IMPRESSIVE ACCOMPLISHMENTS.
The Resolution was adopted.
The following was introduced:
H. 4954 (Word version) -- Reps. Bannister, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE REMARKABLE ACHIEVEMENTS OF THE LEADERSHIP GREENVILLE STAFF, VOLUNTEERS, PARTICIPANTS, BOARD OF DIRECTORS, AND ALSO THE BOARD OF DIRECTORS OF THE GREATER GREENVILLE CHAMBER OF COMMERCE AND ENCOURAGE THE CONTINUING ACHIEVEMENTS OF THIS OUTSTANDING PROGRAM IN THE FUTURE.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1256 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 2006, AND FRIDAY, JUNE 16, 2006.
Be it resolved by the Senate, the House of Representatives concurring:
That Palmetto Girls State is authorized to use the Chambers of the Senate and the House of Representatives on Thursday, June 15, 2006, from 2:00 p.m. until 4:30 p.m., and on Friday, June 16, 2006, from 2:00 p.m. until 4:00 p.m. for its annual legislative activity. If either House is in statewide session, the Chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House Chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harvin Haskins Hayes Herbkersman J. Hines Hinson Hiott Hodges Hosey Howard Huggins Kirsh Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith J. E. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Townsend Umphlett Vaughn Walker Whipper White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 5.
James McGee G. R. Smith William Bowers Walton McLeod Doug Smith G. Murrell Smith Ralph Davenport Todd Rutherford Marty Coates Denny Neilson Harold Mitchell Joe Jefferson David Weeks Kenneth Kennedy Douglas Jennings Ted Vick Mack Hines Thad Viers James Harrison
The SPEAKER granted Rep. LEACH a leave of absence due to illness.
Reps. DAVENPORT and VIERS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 4.
Announcement was made that Dr. Tommy Rowland of Columbia is the Doctor of the Day for the General Assembly.
Reps. HARRELL, ALTMAN, BREELAND, R. BROWN, CHELLIS, DANTZLER, HAGOOD, LIMEHOUSE, MACK, MERRILL, MILLER, SCARBOROUGH, WHIPPER and YOUNG presented to the House the West Ashley High School Wildcats Volleyball Team, the 2005 Class AAAA Champions, their coach and other school officials.
Reps. CHELLIS, YOUNG, BAILEY and HARRELL presented to the House the Summerville High School "Green Wave" Wrestling Team, the 2006 Class AAAA Champions, their coach and other school officials.
Reps. SCOTT and COTTY presented to the House representatives from Blythewood Middle School in Richland County District Two for receiving the 2006 Carolina First Palmetto's Finest Schools Award and Nancy Gregory of Richland County for being named South Carolina's Middle School Principal of the Year.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4427 (Word version)
Date: ADD:
04/05/06 HAGOOD
Bill Number: H. 4551 (Word version)
Date: ADD:
04/05/06 BAILEY
Bill Number: H. 3795 (Word version)
Date: ADD:
04/05/06 MCLEOD
Bill Number: H. 4534 (Word version)
Date: ADD:
04/05/06 COATES
Bill Number: H. 4682 (Word version)
Date: ADD:
04/05/06 BRADY
Bill Number: H. 4681 (Word version)
Date: ADD:
04/05/06 COTTY
Bill Number: H. 4427 (Word version)
Date: ADD:
04/05/06 COTTY
Rep. WEEKS moved to adjourn debate upon the following Bill until Thursday, April 6, which was adopted:
S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4912 (Word version) -- Reps. Lucas, Neilson and J. Hines: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE DARLINGTON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE CANDIDATE FILING DEADLINE FROM SEPTEMBER FIRST TO AUGUST FIFTEENTH AND CHANGE THE DATE THE FIRST NOTICE MUST BE PUBLISHED.
H. 4922 (Word version) -- Rep. J. E. Smith: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; TO PROVIDE THAT REAL PROPERTY HELD BY THE COMMISSION MUST BE TRANSFERRED IN ACCORDANCE WITH THE INSTRUMENT THROUGH WHICH THE PROPERTY WAS CONVEYED TO THE COMMISSION; AND TO PROVIDE THAT THE STATE SHALL CONVEY TO RICHLAND COUNTY ANY PROPERTY THAT REVERTS TO THE STATE; AND TO REPEAL ACT 69 OF 1963, RELATING TO THE ESTABLISHMENT, POWERS, AND DUTIES OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.
Rep. J. E. SMITH explained the Bill.
H. 4940 (Word version) -- Rep. Walker: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Rep. WALKER explained the Bill.
Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, April 26, which was adopted:
H. 4660 (Word version) -- Reps. Witherspoon, Loftis, Frye, Clemmons, Barfield, Clark, Edge, Hardwick, Harrison and Ott: A BILL TO AMEND SECTION 48-39-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO COASTAL TIDELANDS AND WETLANDS, SO AS TO DEFINE THE TERM "POOL".
The following Joint Resolution was taken up:
H. 4857 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 3002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WITHERSPOON moved to recommit the Joint Resolution to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Joint Resolution was taken up:
H. 4858 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3025, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LOFTIS explained the Joint Resolution.
Rep. LOFTIS moved to adjourn debate on the Joint Resolution until Thursday, April 6, which was agreed to.
The following Bill was taken up:
H. 4317 (Word version) -- Reps. Brady, Funderburk, Mitchell, Bowers, Ballentine, Ceips, Scarborough and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-52-690 TO THE SOUTH CAROLINA ENERGY EFFICIENCY ACT SO AS TO REQUIRE THE APPLICATION OF "GREEN BUILDING" OR COMPARABLE STANDARDS TO STANDARDS OR MEASURES OF ENERGY EFFICIENCY AND ENERGY CONSERVATION, WITH LIMITATIONS TO BUILDINGS OF MORE THAN TEN MILLION DOLLARS AND EXEMPTIONS OF CERTAIN STATE-FUNDED STRUCTURES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18253MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than ten million dollars must include the achievement of:
(1) at least a silver rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the total value of all the products used in the project which are either residuals of or products grown or harvested under a recognized sustainable management system including, but not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, The American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED silver rating or at least a two globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) An independent commissioning agent must evaluate a new building constructed on state property with a construction budget of more than ten million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project may not evaluate the project to ensure compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events.
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, and a public entity exempted by the Budget and Control Board;
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act."
SECTION 2. Upon approval by the Governor, this act takes effect on July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
Reps. SANDIFER and THOMPSON proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\18292MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 6, Chapter 52 of Title 48 of the 1976 Code is amended by adding:
"Section 48-52-690. (A) As used in this chapter, 'energy efficiency' or 'energy conservation' standards, guidelines or measures must meet the requirements of this section. Certification of goods or products, development and reporting of consumption plans and goals, evaluation of a guaranteed energy savings contract, or other purpose used in the design and construction of a new building constructed on state property with a construction budget of more than fifteen million dollars must include the achievement of:
(1) at least a certified rating as defined by the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) green building rating system;
(a) Under LEED Credit MR 6, one point may be awarded for the use of renewable, bio-based materials for five percent of the total value of all the products used in the project which are either residuals of or products grown or harvested under a recognized sustainable management system including, but not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative Program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(b) Under LEED Credit MR 7, one point may be awarded for the use of renewable, bio-based raw materials certified in accordance with one or more premier certification programs for environmental management, for fifty percent of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative, The American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction;
(c) The applicable vendor's or manufacturer's certification documentation must be provided; or
(2) at least a comparable rating to the LEED certified rating or at least a one globe rating as defined by the Green Globes green building rating system and is a nationally recognized, consensus-based green building guideline, standard, or system approved by the State Budget and Control Board.
(B) An independent commissioning agent must evaluate a new building constructed on state property with a construction budget of more than fifteen million dollars to ensure compliance with the requirements of subsection (A). For purposes of this section, the architect, engineer, or other designer of the project may not evaluate the project to ensure compliance with this section.
(C) This section does not apply to:
(1) design and construction of parking garages or outdoor sports facilities. For purposes of this section, 'outdoor sports facilities' means an area designed and equipped for active recreation, athletics, entertainment, or education, or any number of them, including but not limited to, baseball, softball, soccer, football, tennis, track and field, swimming, and equestrian events.
(2) South Carolina State Ports Authority, South Carolina Public Service Authority, South Carolina Research Authority, and a public entity exempted by the Budget and Control Board;
(3) projects exempted by the Budget and Control Board as the result of evidence that compliance with this section is clearly not in the best interest of the project; or
(4) to projects in design or being constructed on the effective date of this act."
SECTION 2. Upon approval by the Governor, this act takes effect on July 1, 2008. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 46 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 29-5-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURVEYOR'S SERVICES AS MATERIAL FURNISHED FOR THE IMPROVEMENT OF REAL ESTATE, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS, A REAL ESTATE LICENSEE WHO PERFORMS PROFESSIONAL SERVICES FOR THE OWNER OF REAL ESTATE INCIDENT TO A REAL ESTATE TRANSACTION PURSUANT TO A WRITTEN AGREEMENT HAS FURNISHED LABOR OR MATERIAL FOR THE IMPROVEMENT OF REAL ESTATE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\ 18258MM06), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 29-5-21 of the 1976 Code is amended to read:
"Section 29-5-21. (A) A surveyor who surveys real estate by virtue of an agreement with the owner of such real estate shall be considered to have has furnished material for the improvement of real estate within the meaning of Section 29-5-20.
(B)(1) A real estate licensee who, by virtue of a written agreement with the owner, performs professional services for which he is licensed under Title 40 incident to marketing, developing, or improving commercial real estate preparatory to or as a part of a commercial real estate lease or rental transaction involving the commercial real estate, has furnished labor or material for the improvement of commercial real estate within the meaning of Section 29-5-20.
(2) A real estate licensee shall not acquire a lien under this subsection unless:
(a) the owner of the commercial real estate or the owner's authorized agent authorizes the real estate licensee, under the terms of a written agreement, to lease an interest in the commercial real estate; and
(b) the real estate licensee or the real estate licensee's affiliated licensees provides licensed services that result, during the term of a written agreement described in item (1) of this subsection, in the procuring of a person or entity that rents or leases the commercial real estate or rents or leases an interest in the commercial real estate upon terms contained in a written agreement described in item (1) of this subsection.
(3) A real estate licensee shall not acquire a lien under this subsection upon residential real estate."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS moved to table the amendment, which was agreed to.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc Name COUNCIL\AGM\ 18291MM06), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 29-5-21 of the 1976 Code is amended to read:
"Section 29-5-21. (A) A surveyor who surveys real estate by virtue of an agreement with the owner of such real estate shall be considered to have has furnished material for the improvement of real estate within the meaning of Section 29-5-20.
(B)(1) A real estate licensee who, by virtue of a written agreement with the owner, performs professional services for which he is licensed under Title 40 incident to marketing, developing, or improving commercial real estate preparatory to or as a part of a commercial real estate lease or rental transaction involving the commercial real estate, has furnished labor or material for the improvement of commercial real estate within the meaning of Section 29-5-20.
(2) A real estate licensee shall not acquire a lien under this subsection unless:
(a) the owner of the commercial real estate or the owner's authorized agent authorizes the real estate licensee, under the terms of a written agreement, to lease an interest in the commercial real estate; and
(b) the real estate licensee or the real estate licensee's affiliated licensees provides licensed services that result, during the term of a written agreement described in item (1) of this subsection, in the procuring of a person or entity that rents or leases the commercial real estate or rents or leases an interest in the commercial real estate upon terms contained in a written agreement described in item (1) of this subsection.
(3) A real estate licensee shall not acquire a lien under this subsection upon residential real estate.
(4) Prior recorded liens shall have priority over a real estate licensee's lien. A prior recorded lien shall include, without limitation:
(i) a valid mechanic's lien claim that is recorded subsequent to the real estate licensee's lien notice of lien but which relates back to a date prior to the recording date of the real estate licensee's lien notice of lien; and
(ii) prior recorded liens securing revolving credit and future advance of construction loans as described in Section 29-3-50."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HUGGINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 4879 (Word version) -- Reps. Vaughn, Walker, Pinson, Owens, Townsend, Loftis, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Leach, Littlejohn, Mahaffey, Merrill, E. H. Pitts, Rice, G. R. Smith, Taylor and Tripp: A BILL TO AMEND SECTION 59-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD BY PROVIDING FOR THE ELECTION OF THE MEMBERS OF THE BOARD BY THE GENERAL ASSEMBLY FROM THE CONGRESSIONAL DISTRICTS OF THE STATE AND FROM THE STATE AT LARGE WITH ONE MEMBER APPOINTED BY THE GOVERNOR AND TO NUMBER THE SEATS, PROVIDE THE TERMS, PROVIDE FOR VACANCIES, PROVIDE FOR REMOVAL OF A MEMBER, AND PROVIDE THAT A PERSON MAY NOT SERVE ON THE BOARD IF A MEMBER OF HIS IMMEDIATE FAMILY IS EMPLOYED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT.
On motion of Rep. TOWNSEND, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 4880 (Word version) -- Reps. Vaughn, Loftis, Walker, Pinson, Owens, E. H. Pitts, Townsend, Leach, Davenport, Bannister, Cato, Cooper, Hamilton, Harrell, Haskins, Littlejohn, Mahaffey, Merrill, Rice, G. R. Smith, Taylor and Tripp: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO DELETE THE COMPOSITION OF THE BOARD AND PROVIDE THAT THE COMPOSITION OF THE BOARD MUST BE AS THE GENERAL ASSEMBLY SHALL SPECIFY BY LAW.
Rep. SCOTT asked unanimous consent to recall H. 4848 (Word version) from the Committee on Ways and Means.
Rep. COOPER objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Rep. HARRISON moved to adjourn debate upon the Senate Amendments until Thursday, April 6, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W. D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
Rep. TALLEY proposed the following Amendment No. 1A (Doc Name COUNCIL\GJK\21100SD06), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. TALLEY explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3721 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE THE PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION REVIEWS THE WITHDRAWAL OF A CANDIDATE IN A MULTI-COUNTY ELECTION OR AN ELECTION FOR A MEMBER OF THE GENERAL ASSEMBLY.
Rep. TALLEY explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4585 (Word version) -- Reps. Simrill, Bowers, Kennedy, Duncan, Bannister, Ceips, Cobb-Hunter, Leach, Limehouse, Littlejohn, Ott and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-682 SO AS TO DESIGNATE BOILED PEANUTS AS THE OFFICIAL STATE SNACK FOOD.
Rep. THOMPSON moved to adjourn debate upon the Senate Amendments until Thursday, April 6, which was agreed to.
The following Concurrent Resolution was taken up:
H. 4870 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".
Whereas, the Honorable Joe B. Medlock served his country with honor and distinction as a member of the 85th Infantry Division of the United States Army during World War II; and
Whereas, at the age of twenty-seven he was elected mayor of the City of Laurens, became the youngest elected mayor in the Palmetto State, and served as mayor from 1950 to 1958; and
Whereas, Mr. Medlock served: as Chief Bailiff for the Laurens County Courts for forty-two years; on the Laurens County Registration Board from 1981 to 1988; on the Laurens County Registration/Election Commission from 1977 to 1989; and as President of the South Carolina Association of Registered/Elected Officials from 1991 to 1992; and
Whereas, he served the Laurens County community in numerous capacities which included being a member of the Laurens County Shrine Club, American Legion, Veterans of Foreign Wars, Laurens County Rural Water Advisory Board, the Hejaz Temple, and Second Baptist Church of Laurens; and
Whereas, it is fitting and proper for the members of the General Assembly to pause in their deliberations to recognize the many accomplishments of this son of South Carolina by naming a portion of Unites States Highway 221 in Laurens County in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation name the portion of United States Highway 221 in Laurens County from its intersection with South Carolina Highway 39 to its intersection with South Carolina Highway 72 the "Joe B. Medlock Memorial Highway" and to erect appropriate markers or signs along this portion of highway that contain the words "Joe B. Medlock Memorial Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4910 (Word version) -- Rep. J. H. Neal: A CONCURRENT RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO ACT SWIFTLY TO ENACT LEGISLATION REAUTHORIZING THE RYAN WHITE CARE ACT ACCORDING TO PRINCIPLES PROPOSED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PROVIDE COMPREHENSIVE CARE FOR THE NEEDIEST VICTIMS OF HIV/AIDS.
Whereas, the number of individuals living in rural communities who are infected with the HIV virus or who have developed AIDS is increasing; and
Whereas, the demographics of HIV/AIDS infection has changed since the discovery of the disease, as evidenced by ever-higher rates of infection among children, women, and members of minority communities; and
Whereas, the Secretary of the United States Department of Health and Human Services has proposed five guiding principles to reauthorize the Ryan White CARE Act, namely that the legislation serve the neediest victims of HIV/AIDS, focus on delivering life-saving and life-extending services increase prevention efforts through more routine testing, increase the accountability of the states and organizations receiving federal funds, and give the federal government flexibility to reallocate unspent funds; and
Whereas, more than one million Americans live with HIV today, an estimated 40,000 Americans are newly infected with HIV each year; and
Whereas, at least one-fourth of Americans who are HIV-positive do not know they carry the virus; and
Whereas, prevention of the further spread of HIV/AIDS must be a national priority; and
Whereas, the Centers for Disease Control has recommended that HIV testing become part of routine medical care, so that individuals who have learned of their HIV status may be linked to proper care, support, and prevention services; and
Whereas, early testing for HIV/AIDS promotes public health and provides an opportunity to stop the transmission of the disease; and
Whereas, as of 2004, it's estimated that more than 6,000 people in South Carolina are living with AIDS; and
Whereas, in 2004, African Americans accounted for seventy-five percent of new HIV/AIDS cases, and African Americans represent seventy-three percent of the total population of South Carolina that have HIV/AIDS; and
Whereas, Title 1 of the CARE Act provides funds to eligible metropolitan areas with a population of at least 500,000; and
Whereas, South Carolina and other Southern and rural states do not qualify for Title 1 funding, and are therefore ineligible to receive equitable levels of federal funding for the treatment and care of needy HIV/AIDS patients; and
Whereas, the United States Government Accountability Office, in a recent report, has confirmed the need for Congress to revise the Ryan White CARE Act funding formulas, and that an equitable funding distribution would result in redirection of funding to the South and rural areas; and
Whereas, by following these principles, Congress has an opportunity to ensure that federal funding is delivered to the neediest patients, which will help them live longer and healthier lives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, urge the Congress of the United States to enact legislation to reauthorize the Ryan White CARE Act according to the principles proposed by the United States Department of Health and Human Services to provide comprehensive care for the neediest victims of HIV/AIDS.
Be it further resolved that a copy of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. SCOTT.
The following Bill was taken up:
H. 3630 (Word version) -- Reps. Whipper, Martin, J. H. Neal, Govan, Anderson, Bales, Barfield, Breeland, G. Brown, J. Brown, Clyburn, Davenport, Hardwick, M. Hines, Jefferson, Lee, Mack, Moody-Lawrence, Rutherford and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-25 SO AS TO REQUIRE A HOSPITAL TO GIVE PATIENTS BEING DISCHARGED FROM THE EMERGENCY ROOM, THE OPTION OF RECEIVING AT LEAST A TWENTY-FOUR HOUR SUPPLY OF ANY MEDICATIONS BEING PRESCRIBED.
Rep. WHIPPER proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\10936MM05):
Amend the bill, as and if amended, Section 44-7-25 as found in SECTION 1, page 1, line 28, by adding after /medication/ the words/
, at the patient's expense /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER moved to adjourn debate on the Bill until Thursday, April 6, which was agreed to.
The following Bill was taken up:
H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Tripp, White, Thompson, Mitchell, Mahaffey, Hagood and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\ 20958SD06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 42-1-10 of the 1976 Code is amended to read:
"Section 42-1-10. This title shall be known and cited as 'The South Carolina Workers' Compensation Law'. All references in this title to "workmen's compensation" shall mean "workers' compensation"; provided, however, all state agencies and departments and all political subdivisions of the State must exhaust the use of all current forms, stationery, and any other printed material before using, printing, or preparing any new forms, stationery, or printed material reflecting the change effected by this section.
(A) This title shall be known and cited as the 'South Carolina Workers' Compensation Law.'
(B) This title must be strictly construed and applied to promote its underlying purposes as set forth in this section. Any and all case law inconsistent with the purposes set forth herein is specifically overruled.
(C) The purposes of this title and of the Workers' Compensation law are:
(1) to pay timely temporary and permanent benefits to all legitimately injured workers that suffer an injury or disease arising out of and in the course and scope of their employment;
(2) to pay reasonable and necessary medical expenses resulting from these injuries or diseases;
(3) to improve workplace safety;
(4) to encourage the return to work of injured workers;
(5) to deter and punish fraud of agents, employers, employees, or any other party in the procurement of workers' compensation coverage, the provision or denial of benefits, or the provision of medical treatment;
(6) to promote the equitable and efficient resolution of workers' compensation claims; and
(7) to ensure an economically viable workers' compensation system in South Carolina."
SECTION 2. A. Section 42-9-400(d) of the 1976 Code is amended to read:
"(d)(1) As used in this section, 'permanent physical impairment' means any permanent condition, whether congenital or due to injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee should become unemployed.
When an employer establishes his prior knowledge of the permanent impairment, then there shall be a presumption that the condition is permanent and that a hindrance or obstacle to employment or reemployment exists when the condition is one of the following impairments:
(1) Epilepsy
(2) Diabetes
(3) Cardiac disease
(4) Arthritis
(5)(i) Amputated foot, leg, arm or hand
(6)(ii) Loss of sight of one or both eyes or partial loss of uncorrected vision of more than seventy-five percent bilateral
(7) Residual disability from Poliomyelitis
(8) Cerebral palsy
(9) Multiple sclerosis
(10) Parkinson's disease
(11) Cerebral vascular accident
(12) Tuberculosis
(13) Silicosis
(14) Psychoneurotic disability following treatment in a recognized medical or mental institution
(15) Hemophilia
(16) Chronic ostemyelitis
(17) Ankylosis of joints
(18) Hyperinsulinism
(19) Muscular dystrophy
(20) Arteriosclerosis
(21) Thrombophlebitis
(22) Varicose Veins
(23) Heavy metal poisoning
(24) Ionizing radiation injury
(25) Compressed air sequelae
(26)(iii) Ruptured intervertebral disc
(27) Hodgkins disease
(28) Brain damage
(29) Deafness
(30) Cancer
(31) Sickle-cell anemia
(32) Pulmonary disease
(33) Mental retardation provided the employee's intelligence quotient is such that he falls within the lowest percentile of the general population. However, it shall not be necessary for the employer to know the employee's actual intelligence quotient or actual relative ranking in relation to the intelligence quotient of the general population.
(34) Any other pre-existing disease, condition or impairment which is permanent in nature and which:
(a) Would qualify for payment of weekly disability benefits of seventy-eight weeks or more under Section 42-9-30 exclusive of benefits payable for disfigurement; or
(b) Would support a rating of seventy-eight or more weeks of weekly disability benefits when evaluated according to the standards applied to Workers' Compensation claims in South Carolina, or combines with a subsequent injury to cause a permanent impairment rated at seventy-eight weeks or more under Section 42-9-30.
(2) If the paid claims of the fund for the fiscal year ending June 30, 2012, equal or exceed the total sum of eight million dollars, the Second Injury Fund shall not reimburse an employer or insurance carrier for an otherwise qualifying injury that occurs after June 30, 2012, but shall continue reimbursing employers and insurance carriers for qualifying claims resulting from injuries occurring on or before June 30, 2012. The Budget and Control Board must provide for the efficient and expeditious closure of the fund with the orderly winding down of the affairs of the fund so that the remaining liabilities of the fund are paid utilizing assessments, accelerated assessments, annuities, loss portfolio transfers, or such other mechanisms as may be reasonably determined necessary to fund any remaining liabilities of the fund.
(3) If the paid claims of the fund for the fiscal year ending June 30, 2012, do not exceed the total sum of eight million dollars, the Budget and Control Board shall require an audit to be conducted of fund liabilities as of June 30, 2012. Funding for this audit must be obtained from funds deposited in the fund's trust fund. Based on the information in the audit, the Budget and Control Board shall prepare a report to the Speaker of the House of Representatives and to the President Pro Tempore of the Senate, not later than January 1, 2013. The report must include its evaluation of the fund's operations."
B. On or after the effective date of this act, the Second Injury Fund shall not accept a claim for reimbursement from any employer or insurance carrier for any subsequent impairment unless the preexisting impairment is one of the permanent physical impairments enumerated in Section 42-9-400(d)(1).
C. The amendment to Section 42-9-400(D) of the 1976 Code as contained in this section is not intended to effect workers' compensation benefits to injured employees provided in any other provision of law.
SECTION 3. Chapter 15, Title 42 of the 1976 Code is amended by adding:
"Section 42-15-85. (A) The burden of proof in a workers' compensation claim is on the employee. Causation must be proven with expert medical evidence stated to a reasonable degree of medical certainty in all claims, except claims for an occupational disease pursuant to the provisions of Chapter 11 of this title and claims for a change of condition pursuant to the provisions of Section 42-17-90. In claims for an occupational disease, the employee shall establish that the occupational disease arose directly and naturally from exposure in this State to the hazards peculiar to the particular employment with clear and convincing medical evidence. In claims for a change of condition, the employee shall establish by clear and convincing evidence that there has been a physical change of condition caused by the original injury, subsequent to the last payment of compensation.
(B) As used in this section, 'expert witness' means an expert who is qualified by reason of education, training, and experience to render an opinion as to the nature and extent of an employee's medical condition and who:
(1) is licensed by an appropriate regulatory agency to practice a profession in the location in which the expert practices or teaches;
(2)(a) is board certified by a national or international association or academy that administers written and oral examinations for certification in the area of practice or specialty about which the opinion is offered; or
(b) has actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(i) the active practice of the area of specialty of a profession for at least three of the last five years immediately preceding the opinion;
(ii) the teaching of the area of practice or specialty of a profession for at least half of his professional time as an employed member of the faculty of an educational institution that is accredited in the teaching of his profession for at least three of the last five years immediately preceding the opinion; or
(iii) any combination of the active practice or the teaching of a profession in a manner that meets the requirements of subitems (i) and (ii) for at least three of the last five years immediately preceding the opinion; and
(3) is an individual not covered by items (1) or (2), that has scientific, technical, or other specialized knowledge that may assist the trier of fact in understanding the evidence and determining a fact or issue in the case, by reason of the individual's study, experience, or both."
SECTION 4. Section 38-55-530(D) of the 1976 Code is amended to read:
"(D) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement, and made with the intent of obtaining or causing another to obtain or attempting to obtain or causing another to obtain an undeserved economic advantage or benefit or made with the intent to deny or cause another to deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud. 'False statement and misrepresentation' specifically includes, but is not limited to, an intentional false report of business activities or the intentional miscount or misclassification by an employer of its employees to obtain a favorable insurance premium, payment schedule, or other economic benefit."
SECTION 5. Section 38-55-540 of the 1976 Code is amended to read:
"Section 38-55-540. (A) Any A person or an insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, who assists, abets, solicits, or conspires with such a person or an insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than one hundred nor more than five hundred dollars or by imprisonment imprisoned not to exceed more than thirty days;
(2) misdemeanor, for a first offense violation, if the amount of the economic advantage benefit received is one thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be punished by a fine fined not to exceed less than two thousand nor more than fifty ten thousand dollars or by imprisonment for a term imprisoned not to exceed more than three years, or by both, such fine and imprisonment and must pay the amount of restitution and tax owed;
(3) felony, for a first offense violation, if the amount of the economic advantage benefit received is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both, and must pay the amount of restitution and tax owed;
(4) felony, for a first offense violation, if the amount of the economic advantage benefit received is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both, and must pay the amount of restitution and tax owed;
(5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage benefit received. Upon conviction, the person must be punished by a fine fined not to exceed less than ten thousand nor more than fifty thousand dollars or by imprisonment for a term imprisoned not to exceed more than ten years, or by both, such fine and imprisonment and must pay the amount of restitution and tax owed.
(B) Any A person or an insurer convicted under pursuant to the provisions of this section must be ordered to make full restitution to the a victim or victims for any economic advantage or benefit which has been obtained by the person or insurer as a result of that violation."
SECTION 6. Section 38-55-560 of the 1976 Code is amended by adding at the end:
"(E) The Attorney General is authorized to hire, employ, and reasonably equip one forensic accountant, and this forensic accountant must be assigned to the Insurance Fraud Division of the Attorney General's Office. A person is not qualified to be hired and the Insurance Fraud Division may not hire a forensic accountant unless he possesses and maintains a current license to engage in the practice of accounting pursuant to the provisions of Chapter 2, Title 40."
SECTION 7. Section 42-1-160 of the 1976 Code, as last amended by Act 424 of 1996, is further amended to read:
"Section 42-1-160. (A) 'Injury' and 'personal injury' shall mean means only injury by accident arising out of and in the course of the employment and shall does not include a disease in any form, except when it results naturally and unavoidably from the accident and except such those diseases as are compensable under provided by the provisions of Chapter 11 of this title. An employee shall establish that the injury arose out of employment with expert medical evidence stated to a reasonable degree of certainty. In construing this section, an accident arising out of and in the course of employment shall include includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality.
(B) Any stress, mental injury, heart attack, stroke, embolism, or aneurism arising out of and in the course of employment, unaccompanied by other physical injury and resulting in mental illness or injury is not a is not considered a personal injury unless it is established by clear and convincing medical evidence that the stressful employment conditions causing the stress, mental injury, heart attack, stroke, embolism, or aneurism were extraordinary and unusual in comparison to the normal conditions of the particular employment.
(C) Any stress, mental injury, heart attack, stroke, embolism, or aneurism arising out of and in the course of employment unaccompanied by other physical injury is not considered compensable if it results from any event or series of events which is incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.
(D) 'Accident', as used in this section, means an unexpected event or unusual strain identifiable by the time and place of occurrence and producing at the time of occurrence objective symptoms of an injury caused by a specific event during work. An injury is not compensable because work was a triggering or precipitating factor."
SECTION 8. Section 42-11-10 of the 1976 Code is amended to read:
"Section 42-11-10. (A) The words 'Occupational disease' mean means a disease arising out of and in the course of employment which that is due to hazards in excess of those ordinarily incident to employment and is peculiar to the occupation in which the employee is engaged. A disease shall be deemed is considered an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of continuous exposure to the normal working conditions thereof of that particular trade, process, occupation, or employment. In claims for an occupational disease, the employee shall establish that the occupational disease arose directly and naturally from exposure in this State to the hazards peculiar to the particular employment with clear and convincing evidence.
(B) No A disease shall be deemed is not considered an occupational disease when if it:
(1) It does not result directly and naturally from exposure in this State to the hazards peculiar to the particular employment;
(2) It results from exposure to outside climatic conditions;
(3) It is a contagious disease resulting from exposure to fellow employees or from a hazard to which the workman would have been equally exposed outside of his employment;
(4) It is one of the ordinary diseases of life to which the general public is equally exposed, unless such disease follows as a complication and a natural incident of an occupational disease or unless there is a constant exposure peculiar to the occupation itself which makes such disease a hazard inherent in such occupation;
(5) It is any disease of the cardiac, pulmonary, or circulatory system not resulting directly from abnormal external gaseous pressure exerted upon the body or the natural entrance into the body through the skin or natural orifices thereof of the body of foreign organic or inorganic matter under circumstances peculiar to the employment and the processes utilized therein in that particular trade, process, occupation, or employment; or
(6) It is any a chronic disease of the skeletal joints; or
(7) is a condition of the neck, back, or spinal column.
(C) Compensation is not payable for any occupational disease unless the claimant suffers disability as described in Section 42-9-10 or 42-9-20, and disability from an occupational disease is not compensable pursuant to the provisions of Section 42-9-30."
SECTION 9. Section 42-15-80 of the 1976 Code is amended to read:
"Section 42-15-80. (A) After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the commission. The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to or otherwise learned by any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be privileged, either in hearings provided for by this title or any action at law brought to recover damages against any employer who may have accepted the compensation provisions of this title. If the employee refuses to submit himself to or in any way obstructs such the examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this title shall must be suspended until such the refusal or objection ceases and no compensation shall is not payable at any time be payable for the period of suspension unless in the opinion of the commission the circumstances justify the refusal or obstruction. The employer or the commission may require in any case of death require an autopsy at the expense of the person requesting it.
(B) A physician, surgeon, or other health care provider may discuss and otherwise communicate an employee's medical history, diagnosis, causation, course of treatment, prognosis, work restrictions, and impairments with the representative of the insurance carrier, the employer, the employee, their respective attorney, rehabilitation professional, or the commission without the employee's permission. A discussion, disclosure, or communication made by a physician, surgeon, or other health care provider pursuant to this section is not a violation of physician-patient confidentiality."
SECTION 10. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:
"Section 42-15-95. (A) As used in this section, 'medical and vocational information' means information collected in the process of assessing, planning, coordinating, monitoring, or evaluating the services required to address a claimant's health care needs through quality care promoting optimal recovery and rehabilitation.
(B) All existing information compiled by A health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 shall furnish all medical and vocational information pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys or rehabilitation professionals, or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.
(C) A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per for each page for the first thirty pages and fifty cents per for each page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per for each request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. 'Actual cost' means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.
(D) If a treatment facility or physician fails to send furnish the requested information within forty-five days after receipt of the request, the person or entity making the request may apply to the commission for an appropriate penalty payable to the commission, not to exceed two hundred dollars."
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. The provisions of this act take effect January 1, 2007, if the provisions of this act result in a ten percent cumulative cost savings of providing workers' compensation coverage in this State over the period January 1, 2007, to December 31, 2012.
The Department of Insurance using an outside actuary shall perform the studies and computations necessary to make this calculation and report the results to the Speaker of the House of Representatives, President Pro Tempore of the Senate, and the Governor not later than December 31, 2006. Each member of the General Assembly shall receive a summary of the report from the Department of Insurance by December 31, 2006./
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
The SPEAKER granted Reps. ANTHONY and TOWNSEND a leave of absence for the remainder of the day.
Rep. CATO continued speaking.
Rep. CATO continued speaking.
Rep. CHELLIS spoke in favor of the amendment.
Rep. CHELLIS spoke in favor of the amendment.
Rep. SCARBOROUGH spoke in favor of the amendment.
Rep. DUNCAN spoke against the amendment.
Rep. DUNCAN moved to table the amendment.
Rep. F. N. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Barfield Bingham Breeland J. Brown R. Brown Chalk Cobb-Hunter Coleman Delleney Duncan Edge Frye Haley Hamilton J. Hines Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Lucas Mack Mahaffey McGee Miller J. H. Neal Parks E. H. Pitts Rice Rivers Rutherford Scott D. C. Smith G. M. Smith J. R. Smith Stewart Talley Toole Umphlett Vick Walker Weeks Whipper Young
Those who voted in the negative are:
Agnew Anderson Bailey Bales Bannister Battle Bowers Brady Cato Ceips Chellis Clark Clemmons Clyburn Coates Cooper Cotty Davenport Emory Funderburk Govan Hagood Hardwick Harrison Haskins Hayes Hinson Hiott Limehouse Littlejohn Loftis Martin McCraw McLeod Merrill Mitchell J. M. Neal Neilson Norman Ott Owens Perry Phillips Pinson M. A. Pitts Rhoad Sandifer Scarborough Simrill Skelton F. N. Smith G. R. Smith W. D. Smith Taylor Thompson Vaughn White Whitmire Witherspoon
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. CATO moved that the House recede until 2:00 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 4427 (Word version) -- Reps. Cato, Harrell, Sandifer, Leach, Walker, Loftis, Bingham, Townsend, Simrill, Haley, Anthony, Littlejohn, Davenport, Clark, Taylor, Young, Vaughn, Witherspoon, Bailey, Barfield, Battle, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Duncan, Edge, Hamilton, Herbkersman, Hinson, Hiott, Huggins, Kirsh, McCraw, Norman, Owens, Perry, E. H. Pitts, Rice, Scarborough, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. R. Smith, Stewart, Tripp, White, Thompson, Mitchell, Mahaffey, Hagood and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-180 SO AS TO DEFINE "PROFESSIONAL SPORTS TEAM PLAYER" FOR PURPOSES OF THE SOUTH CAROLINA WORKERS' COMPENSATION LAW; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-7-315 SO AS TO PROVIDE FOR THE ORDERLY DISSOLUTION OF THE SECOND INJURY FUND AND TO PROVIDE FOR SUBSEQUENT ACTIONS TO BE TAKEN BY THE BUDGET AND CONTROL BOARD RELATING TO THE WINDING DOWN OF OPERATIONS OF THE FUND; BY ADDING SECTION 42-15-85 SO AS TO PROVIDE THAT THE BURDEN OF PROOF IS ON THE EMPLOYEE, AND TO PROVIDE HOW CAUSATION IN MEDICALLY COMPLEX WORKERS' COMPENSATION CASES MUST BE PROVEN, TO PROVIDE AN EXCEPTION, AND TO DEFINE "EXPERT WITNESS" FOR PURPOSES OF THIS SECTION; BY AMENDING SECTION 38-55-530, AS AMENDED, RELATING TO DEFINITIONS AS USED IN OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT, SO AS TO FURTHER DEFINE "FALSE STATEMENT AND MISREPRESENTATION"; BY AMENDING SECTION 38-55-540, RELATING TO CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO PROVIDE REVISED CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS OR MISREPRESENTATIONS IN CONNECTION WITH AN INSURANCE TRANSACTION; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION BY THE OFFICE OF THE ATTORNEY GENERAL, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HIRE A FORENSIC ACCOUNTANT; BY AMENDING SECTION 42-1-160, AS AMENDED, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY", SO AS TO FURTHER DEFINE THESE TERMS; BY AMENDING SECTION 42-1-360, RELATING TO EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO INCLUDE "PROFESSIONAL SPORTS TEAM PLAYER" IN THE EXEMPTION; BY AMENDING SECTION 42-3-20, RELATING TO THE MEMBERSHIP, TERMS OF OFFICE, VACANCIES, AND DUTIES OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP AND REVISE THE PROCEDURE FOR HEARING CONTESTED CASES; BY AMENDING SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND THE PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR THE DEFINITION OF "PERMANENT MEDICAL IMPAIRMENT"; BY AMENDING SECTION 42-9-60, RELATING TO COMPENSATION THAT IS NOT ALLOWED WHEN INJURY OR DEATH IS CAUSED BY INTOXICATION OR WILFUL INTENTION OF EMPLOYEE, SO AS TO EXCLUDE FROM COVERAGE INJURIES CAUSED BY THE INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS; BY AMENDING SECTION 42-9-360, AS AMENDED, RELATING TO THE ASSIGNMENTS OF COMPENSATION AND THE EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO MAKE CLAIMS FOR COMPENSATION NOT SUBJECT TO ASSIGNMENT; BY AMENDING SECTION 42-11-10, RELATING TO THE DEFINITION OF "OCCUPATIONAL DISEASE", SO AS TO FURTHER DEFINE THIS TERM; BY AMENDING SECTION 42-15-60, RELATING TO MEDICAL TREATMENT AND SUPPLIES BEING FURNISHED AND AN EMPLOYEE'S REFUSAL TO ACCEPT TREATMENT, SO AS TO PROVIDE FOR THE TERMINATION OF THE EMPLOYER'S OBLIGATION TO PROVIDE MEDICAL BENEFITS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 42-15-80, RELATING TO PRIVILEGED INFORMATION COMMUNICATED AT EMPLOYEE EXAMINATIONS, SO AS TO PROVIDE THAT A PHYSICIAN, SURGEON, OR OTHER HEALTH CARE PROVIDER, WITHOUT THE PERMISSION OF THE EMPLOYEE, MAY DISCUSS AND COMMUNICATE AN EMPLOYEE'S MEDICAL HISTORY, DIAGNOSIS, CAUSATION, COURSE OF TREATMENT, PROGNOSIS, WORK RESTRICTIONS, AND IMPAIRMENTS WITH THE REPRESENTATIVE OF THE INSURANCE CARRIER, THE EMPLOYER, THE EMPLOYEE, THEIR ATTORNEY, THE REHABILITATION PROFESSIONAL, OR THE COMMISSION; BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO PROVIDE FOR THE ATTORNEY'S FEES FOR REPRESENTING AN EMPLOYEE BEFORE THE COMMISSION; BY AMENDING SECTION 42-15-95, AS AMENDED, RELATING TO WORKERS' COMPENSATION CLAIMS AND THE DISCLOSURE OF INFORMATION BY HEALTH CARE PROVIDERS, SO AS TO DEFINE "MEDICAL AND VOCATIONAL INFORMATION", TO PROVIDE THAT ALL MEDICAL AND VOCATIONAL INFORMATION INSTEAD OF ALL INFORMATION COMPILED BY A HEALTH CARE FACILITY OR PROVIDER BE PROVIDED WITHIN A CERTAIN TIME, AND TO PROVIDE THAT THE MANNER OF COMMUNICATION BETWEEN THE HEALTH CARE PROVIDER AND THE EMPLOYER IS NOT LIMITED IF THE INFORMATION IS RELATED TO A WORKERS' COMPENSATION CLAIM; AND BY AMENDING SECTION 42-17-90, RELATING TO THE REVIEW OF AN AWARD ON CHANGE OF A CONDITION, SO AS TO PROVIDE THAT IN OCCUPATIONAL DISEASE CASES, A REVIEW MUST NOT BE MADE AFTER TWELVE MONTHS FROM THE DATE OF THE LAST PAYMENT OF BENEFITS.
Rep. LEACH proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\20978SD06), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after SECTION 2 to be appropriately numbered to read:
/SECTION ____. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:
"Section 42-9-30. (A) As used in this section, 'permanent medical impairment' means only such permanent medical impairment or loss of use of the specified body member, as determined by a qualified medical professional in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment at the time of the determination. Other factors including, but not limited to, age, education, and vocational history may not be considered in determining benefits provided by this schedule. The compensation for partial medical impairment of a body member, hearing, or vision must be the proportion of the payments provided by this schedule for total medical impairment of the body member, hearing, or vision, as the partial medical impairment bears to total medical impairment.
(B) In cases included in the following schedule, the disability in each case shall be is deemed to continue only for the period specified in this section and the compensation so paid for such injury shall be as specified therein, to wit paid for the injury is limited to that provided by this section, as follows:
(1) For the loss permanent medical impairment of a thumb, sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) For the loss permanent medical impairment of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) For the loss permanent medical impairment of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) For the loss permanent medical impairment of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) For the loss permanent medical impairment of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one half of such thumb or finger and the compensation shall be for one half of the periods of time above specified;
(7) The loss of more than one phalange shall be considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) For the loss permanent medical impairment of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9)(7) For the loss permanent medical impairment of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) The loss of the first phalange of any toe shall be considered to be equal to the loss of one half of such toe and the compensation shall be for one half the periods of time above specified;
(11) The loss of more than one phalange shall be considered as the loss of the entire toe;
(12)(8) For the loss permanent medical impairment of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13)(9) For the loss permanent medical impairment of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14)(10) For the loss permanent medical impairment of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(15)(11) For the loss permanent medical impairment of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(16) For the loss of an eye , sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(17)(12) For the complete loss permanent medical impairment of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss permanent medical impairment of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission shall by promulgate regulation regulations to provide for the determination of proportional benefits for total or partial loss medical impairment of hearing based on accepted national medical standards.;
(18)(13) Total loss of use of a member or loss of vision permanent medical impairment of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of or vision of an eye, shall be such proportion of the payments herein provided for total loss as such partial loss bears to total loss. sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(19)(14) For the total loss of use permanent medical impairment of the back, sixty-six and two-thirds percent of the average weekly wages during three hundred weeks. The compensation for partial loss of use of the back shall must be such proportions of the periods of payment herein provided in this schedule 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.;
(20)(15) For the total or partial loss of, or loss of use of, permanent total medical impairment of a member, organ, or part of the body not covered herein in this schedule and not covered under provided by Sections Section 42-9-10 or 42-9-20, sixty-six and two-thirds of the average weekly wages not to exceed five hundred weeks. The commission shall by promulgate regulations to prescribe the ratio which the partial loss or loss or partial loss of use medical impairment of a particular member, organ, or body part bears to the whole man person, basing such these ratios on accepted medical standards and such these ratios shall determine the benefits payable under as provided by the provisions of this subsection.;
(21)(16) Proper and equitable benefits shall be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, proper and equitable benefits must be paid not to exceed fifty weeks. Where If benefits are paid or payable for injury to or loss permanent medical impairment of a particular member or organ under by other provisions of this title, no additional benefits shall must not be paid under this paragraph, except that disfigurement shall also include includes compensation for in cases of serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation.
(C) The weekly compensation payments referred to in this section shall all be are subject to the same limitations as to maximum and minimum as set out provided in Section 42-9-10." /
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
Rep. DELLENEY moved to table the amendment.
Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Bales Bannister Barfield Battle Bingham Brady Breeland G. Brown J. Brown R. Brown Cato Chellis Clyburn Coates Cobb-Hunter Delleney Emory Funderburk Govan Haley Harrison Harvin J. Hines Hodges Hosey Huggins Jefferson Jennings Kennedy Lucas Mack Martin McGee McLeod Merrill Miller Mitchell J. H. Neal J. M. Neal Neilson Phillips Pinson Rivers Sandifer Scarborough Scott Sinclair F. N. Smith J. E. Smith W. D. Smith Talley Thompson Toole Whipper Whitmire
Those who voted in the negative are:
Bailey Ballentine Ceips Chalk Clark Clemmons Dantzler Duncan Frye Hagood Hamilton Hardwick Harrell Hayes Hiott Kirsh Limehouse Littlejohn Mahaffey Moody-Lawrence Norman Ott Owens Rice Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Taylor Vaughn Walker White Young
So, the amendment was tabled.
Rep. LEACH proposed the following Amendment No. 3 (Doc Name COUNCIL\GJK\20991SD06), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after SECTION 3 to be appropriately numbered to read:
/SECTION ____. Section 42-15-90 of the 1976 Code is amended to read:
"Section 42-15-90. (A) Fees for attorneys and physicians and charges of hospitals for services under provided pursuant to the provisions of this title shall be are subject to the approval of the commission; but no physician or hospital shall be is entitled to collect fees from an employer or insurance carrier until he has made the reports required by the commission in connection with the case.
(B) Fees for attorneys pursuant to the provisions of this title are subject to approval by the commission, but an attorney's fee for providing a claimant services pursuant to the provisions of this title may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney's involvement as follows:
(1) twenty percent of the first five thousand dollars of the amount of the benefits secured;
(2) fifteen percent of the next five thousand dollars of the amount of the benefits secured;
(3) ten percent of the remaining amount of the benefits secured to be provided during the first ten years after the date the claim is filed; and
(4) five percent of the benefits secured after ten years.
(C) In approving a claimant's attorney's fee for services pursuant to the provisions of this title, the commission or any court of this State shall consider only those benefits secured by the attorney. An attorney is not entitled to attorney's fees for representation in any issue that was ripe, due, and owing and that reasonably could have been addressed, but was not addressed, during the pendency of other issues for the same injury. The amount, statutory basis, and type of benefits obtained through legal representation must be listed on all attorney's fees approved by the commission or any court of this State. For purposes of this section, the term 'benefits secured' does not include future medical benefits to be provided on any date more than five years after the date the claim is filed. If an offer to settle an issue pending before the commission or any court of this State is communicated in writing to the claimant or the claimant's attorney at least thirty days before the trial date on the issue, for purposes of calculating the amount of attorney's fees, the term 'benefits secured' is deemed to include only that amount awarded to the claimant above the amount specified in the offer to settle. If multiple issues are pending before the commission, the offer of settlement must address each issue pending and must state explicitly whether or not the offer on each issue is severable. The written offer also unequivocally must state whether or not it includes medical witness fees and expenses and all other costs associated with the claim.
(D) Neither the commission nor any court of this State shall approve a compensation order, a joint stipulation for lump-sum settlement, a stipulation or agreement between a claimant and his attorney, or any other agreement related to benefits pursuant to the provisions of this title that provides for an attorney's fee in excess of the amount permitted by this section. No retainer or other agreement between a claimant and his attorney may be for compensation in excess of the amount allowed as provided by this section.
(E) Any A person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such the consideration or gratuity is approved by the commission or such a court of this State or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation shall be is guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, must be punished by a fine of fined not more than five hundred dollars or by imprisonment imprisoned not to exceed more than one year, or by both such fine and imprisonment." /
Renumber sections to conform.
Amend title to conform.
Rep. THOMPSON explained the amendment.
Rep. HAMILTON spoke upon the amendment.
Rep. THOMPSON moved to table the amendment, which was agreed to.
Rep. LEACH proposed the following Amendment No. 4 (Doc Name COUNCIL\GJK\20990SD06), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after SECTION 7 to be appropriately numbered to read:
/SECTION ____. Section 42-9-60 of the 1976 Code is amended to read:
"Section 42-9-60. (A) No Compensation shall be payable if the is not allowed for injury or death was occasioned by the intoxication of the employee proximately caused by alcohol or being under the influence of an illegal drug or a controlled substance, except as may have been prescribed lawfully by a physician for the employee and taken in accordance with the prescription, or by the wilful intention of the employee to injure or kill himself or another.
(1) If the amount of alcohol in the employee's blood within four hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, is eight one-hundredths of one percent or more, it must be presumed that the accident and injury or death were proximately caused by intoxication by alcohol.
(2) If any amount of an illegal drug or a controlled substance is in the employee's blood within eight hours of the time of the alleged accident as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, it must be presumed that the accident and injury or death were proximately caused by being under the influence of an illegal drug or the controlled substance.
(3) If the employee unjustifiably refuses to submit to a reliable, scientific test to determine the presence of alcohol, an illegal drug, or a controlled substance in an employee's blood, urine, breath, or other bodily substance, it must be presumed that the accident and injury or death were proximately caused by intoxication by alcohol or being under the influence of illegal drugs or a controlled substance.
(B) If any amount of a legal substance that impairs a person's ability is in the employee's blood within eight hours of the time of the alleged accident, as shown by chemical analysis of the employee's blood, urine, breath, or other bodily substance, it must be presumed that the accident and injury or death were proximately caused by the legal substance. This presumption may be rebutted.
(C) With the exception of the presumptions provided for in this section, the burden of proof is upon the party who claims the applicability of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. SANDIFER moved to table the amendment, which was agreed to.
I missed three votes on amendments to the Workers' Compensation Bill due to presenting information on my Bill before a subcommittee of the Agriculture, Natural Resources and Environmental Affairs Committee.
Rep. G. R. Smith
Rep. SINCLAIR proposed the following Amendment No. 5 (Doc Name COUNCIL\DKA\3722DW06), which was adopted:
Amend the bill, as and if amended, by striking Section 42-1-160(A) as contained in SECTION 7, and inserting:
/ (A) 'Injury' and 'personal injury' shall mean means only injury by accident arising out of and in the course of the employment and shall does not include a disease in any form, except when it results naturally and unavoidably from the accident and except such those diseases as are compensable under as provided by the provisions of Chapter 11 of this title. The burden of proving an 'injury' or 'personal injury' is the greater weight or preponderance of the evidence and is upon the employee. Causation of a medically complex condition must be supported by qualified expert testimony. Nothing contained in this section must be considered to preclude the commission from considering lay testimony or other evidence in conjunction with expert testimony in determining causation. In construing this section, an accident arising out of and in the course of employment shall include includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality. /
Amend further by striking Section 42-1-160(D), as contained in SECTION 7, and inserting:
/ (D) 'Injury by accident', as used in this section, means an injury which is not expected or intended by the worker whether or not the time or place of the occurrence is identifiable or whether or not the symptoms of the injury arose suddenly or gradually over time. /
Renumber sections to conform.
Amend title to conform.
Rep. SINCLAIR explained the amendment.
Rep. COLEMAN spoke in favor of the amendment.
Rep. SANDIFER spoke against the amendment.
The SPEAKER granted Rep. FUNDERBURK a temporary leave of absence.
Rep. SANDIFER continued speaking.
Rep. MACK spoke in favor of the amendment.
Rep. SINCLAIR spoke in favor of the amendment.
Rep. CATO moved to table the amendment.
Rep. SINCLAIR demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Cooper Cotty Dantzler Davenport Duncan Edge Emory Frye Haley Hamilton Hardwick Harrell Hinson Hiott Huggins Kirsh Loftis Martin Merrill J. M. Neal Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Umphlett Vaughn Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Bannister Bowers Breeland G. Brown J. Brown R. Brown Clemmons Clyburn Coates Cobb-Hunter Coleman Delleney Govan Hagood Harrison Harvin Haskins Hayes J. Hines Hodges Hosey Howard Jefferson Jennings Kennedy Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal Neilson Ott Parks Phillips M. A. Pitts Rhoad Rivers Scott Simrill Sinclair F. N. Smith J. E. Smith W. D. Smith Talley Vick Weeks Whipper
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Bannister Bowers Breeland J. Brown R. Brown Clemmons Clyburn Coates Cobb-Hunter Coleman Delleney Govan Hagood Harrison Harvin Haskins Hayes J. Hines Hodges Hosey Howard Jefferson Jennings Kennedy Limehouse Littlejohn Lucas Mack Mahaffey McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips Rhoad Rivers Scott Simrill Sinclair F. N. Smith J. E. Smith W. D. Smith Talley Vick Weeks Whipper
Those who voted in the negative are:
Bailey Ballentine Barfield Battle Bingham Brady G. Brown Cato Ceips Chalk Chellis Clark Cooper Cotty Dantzler Davenport Duncan Edge Emory Frye Haley Hamilton Hardwick Harrell Hinson Hiott Huggins Kirsh Loftis Martin Norman Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Umphlett Walker White Whitmire Witherspoon Young
So, the amendment was adopted.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
Rep. HARRELL proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\20980SD06), which was adopted:
Amend the bill, as and if amended, by adding new sections to be appropriately numbered immediately before SECTION 2 to read:
/SECTION ____. Article 1, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-180. 'Professional sports team player' means a person who participates in the game of professional sports for wages, earnings, or salary, within the meaning of this title, as an employee of an employer."
SECTION ____. Section 42-1-360 of the 1976 Code is amended by adding at the end:
"(6) Professional sports team player, as defined in Section 42-1-180; unless the employer voluntarily elects to be bound by this title." /
Renumber sections to conform.
Amend title to conform.
Rep. CHELLIS explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 69 to 14.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. SANDIFER proposed the following Amendment No. 8 (Doc Name COUNCIL\GJK\20911SD06), which was tabled:
Amend the bill, as and if amended, in Section 42-9-400(d)(1) of the 1976 Code, by striking:
/(26)(iii) Ruptured intervertebral disc /
and inserting:
/(26) Ruptured intervertebral disc /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. CLYBURN moved to table the amendment, which was agreed to.
Rep. SANDIFER proposed the following Amendment No. 11 (Doc Name COUNCIL\GJK\20979SD06), which was adopted:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered immediately after SECTION 1 to read:
/SECTION ____. Article 3, Chapter 1, Title 42 of the 1976 Code is amended by adding:
"Section 42-1-378. This title does not apply to employees covered by the Federal Employers' Liability Act, the Longshore and Harbor Workers' Compensation Act, or any of its extensions, or the Jones Act." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. CATO proposed the following Amendment No. 12 (Doc Name COUNCIL\GJK\21097SD06), which was adopted:
Amend the bill, as and if amended, by adding a new section to be appropriately numbered to read:
/SECTION ____. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended by adding a new paragraph at the end to read:
/An award by the commission granted in accordance with this section shall set forth in writing the commission's finding as to the medical impairment rating of the injured employee. Medical impairment determinations shall be based upon the most current editions of the Guides to Evaluation of Permanent Impairment published by the American Medical Association. /
renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. COLEMAN spoke against the amendment.
Rep. J. H. NEAL moved to table the amendment, which was not agreed to by a division vote of 43 to 47.
Rep. J. E. SMITH spoke against the amendment.
Rep. DELLENEY spoke against the amendment.
Rep. MCGEE spoke against the amendment.
Rep. CHELLIS spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. CHELLIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Cooper Dantzler Davenport Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harvin Hinson Hiott Kirsh Limehouse Littlejohn Loftis Mahaffey Martin Norman Owens Perry Phillips Pinson E. H. Pitts Rice Sandifer Scarborough Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Taylor Toole Townsend Umphlett Vaughn Vick Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Bannister Bowers Breeland J. Brown R. Brown Clyburn Coates Cobb-Hunter Coleman Cotty Delleney Funderburk Govan Harrison Haskins Hayes Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Lucas Mack McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal Neilson Ott Parks M. A. Pitts Rivers Rutherford Scott Simrill Sinclair F. N. Smith G. M. Smith J. E. Smith Talley Thompson Viers Weeks Whipper Whitmire
So, the amendment was adopted.
Rep. G. M. SMITH proposed the following Amendment No. 14 (Doc Name COUNCIL\GJK\21105SD06), which was tabled:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Chapter 15, Title 42 of the 1976 Code is amended by adding:
"Section 42-15-105. Within sixty days after the committee to study the reimbursement rates for medical service providers has made its recommendations to the Workers' Compensation Commission, the commission shall adopt and implement these recommendations. If the commission fails to adopt and implement these recommendations, the reimbursement rate for medical service providers shall be one hundred forty percent of the Medicare rate." /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
Rep. G. M. SMITH moved to table the amendment, which was agreed to.
Reps. EDGE and LEACH proposed the following Amendment No. 22 (Doc Name COUNCIL\GJK\21011SD06), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after SECTION 2 to be appropriately numbered to read:
/SECTION ____. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:
"Section 42-9-30. In cases included in the following schedule, the disability in each case shall be deemed to continue for the period specified and the compensation so paid for such injury shall be as specified therein, to wit medical impairment determinations shall be based upon the most current edition of the Guides to Evaluation of Permanent Impairment published by the American Medical Association, and awards shall be determined based on permanent medical impairment and additional factors, if present. Additional factors are limited to the age, education, and vocational history of the claimant, and an award shall not exceed more than one hundred and ten percent of a medical impairment determination as a result of any and all of these additional factors. As used in this section, 'permanent medical impairment' means only such impairment of the specified body member as determined by a qualified medical professional in accordance with the most current edition of the Guides to Evaluation of Permanent Impairment published by the American Medical Association. This disability in each case shall be deemed to continue for the period specified and the compensation so paid for such injury shall be as specified,:
(1) For the loss of a thumb, sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) For the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) For the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger and the compensation shall be for one-half of the periods of time above specified;
(7) The loss of more than one phalange shall be considered the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) For the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9) For the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and the compensation shall be for one-half the periods of time above specified;
(11) The loss of more than one phalange shall be considered as the loss of the entire toe;
(12) For the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13) For the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14) For the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(15) For the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(16) For the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(17) For the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission shall by regulation provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards;
(18) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such proportion of the payments herein provided for total loss as such partial loss bears to total loss;
(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three 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;
(20) For the total or partial loss of, or loss of use of, a member, organ, or part of the body not covered herein and not covered under Section 42-9-10 or 42-9-20, sixty-six and two thirds of the average weekly wages not to exceed five hundred weeks. The commission shall by regulations prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ, or body part bears to the whole man, basing such ratios on accepted medical standards and such ratios shall determine the benefits payable under this subsection;
(21) Proper and equitable benefits shall be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, not to exceed fifty weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this Title no additional benefits shall be paid under this paragraph, except that disfigurement shall also include compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation.
The weekly compensation payments referred to in this section shall all be subject to the same limitations as to maximum and minimum as set out in Section 42-9-10." /
renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
Rep. DELLENEY spoke against the amendment.
Rep. DELLENEY spoke against the amendment.
Rep. RIVERS spoke against the amendment.
Rep. RIVERS continued speaking.
Rep. HAMILTON spoke against the amendment.
Rep. EDGE spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. THOMPSON moved to table the amendment.
Rep. DELLENEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Bannister Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Chellis Clemmons Clyburn Cobb-Hunter Coleman Cotty Dantzler Delleney Emory Funderburk Hagood Harrison Harvin Haskins Hinson Hiott Hodges Hosey Howard Jefferson Jennings Lucas Mack Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Phillips Pinson M. A. Pitts Rhoad Rivers Rutherford Sandifer Scarborough Scott Sinclair Skelton F. N. Smith J. E. Smith Talley Thompson Vick Weeks Whipper Whitmire
Those who voted in the negative are:
Bailey Ballentine Barfield Bingham Ceips Chalk Clark Cooper Davenport Duncan Edge Frye Haley Hamilton Hardwick Harrell Hayes Huggins Kennedy Kirsh Limehouse Littlejohn Loftis Mahaffey Norman Ott Owens Perry E. H. Pitts Rice Simrill D. C. Smith G. M. Smith G. R. Smith J. R. Smith Stewart Taylor Toole Umphlett Vaughn Walker White Witherspoon Young
So, the amendment was tabled.
Rep. DELLENEY proposed the following Amendment No. 23 (Doc Name COUNCIL\DKA\3723DW06), which was rejected:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 42-15-60 of the 1976 Code is amended to read:
"Section 42-15-60. (A) The employer shall provide medical, surgical, hospital, and other treatment, including medical and surgical supplies as may reasonably may be required, for a period not exceeding ten weeks from the date of an injury to effect a cure or give relief and for such an additional time as in the judgment of the commission will tend to lessen the period of disability and,. In addition thereto to it, such the original artificial members as may be reasonably may be necessary at the end of the healing period shall must be provided by the employer. In case of a controversy arising between employer and employee, the commission may order such further medical, surgical, hospital, or other treatment as may in the discretion of the commission be necessary. During the whole or any part of the remainder any period of disability resulting from the injury, the employer may , at his own option, continue to furnish or cause to be furnished, employee may select his attending physician, free of charge to the employee, and the employee employer shall accept an the attending physician, unless otherwise ordered by the commission and, in addition, such surgical and hospital service and supplies as may be deemed ordered by the commission and, in addition, the surgical and hospital service and supplies as may be considered necessary by such the attending physician or the commission. The refusal of an employee to accept any medical, hospital, surgical, or other treatment when provided by the employer attending physician or ordered by the commission shall bar such the employee from further compensation until such the refusal ceases and no compensation shall at any time must not be paid for the period of suspension unless in the opinion of the commission the circumstances justified the refusal, in which case the commission may order a change in the medical or hospital service. If in an emergency on account of the employer's failure to provide the medical care as specified in this section a physician other than provided by the employer attending physician is called to treat the injured employee the reasonable cost of such the service shall must be paid by the employer if so ordered by the commission.
(B) In cases in which total and permanent disability results, reasonable and necessary nursing services, medicines, prosthetic devices, sick travel, medical, hospital, and other treatment or care shall must be paid during the life of the injured employee, without regard to any limitation in this title including the maximum compensation limit. In cases of partial permanent in which disability results, prosthetic devices shall also must be also furnished during the life of the injured employee or so as long as they are necessary." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. CHELLIS moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Hinson Hiott Huggins Kirsh Limehouse Loftis Mahaffey Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Taylor Thompson Toole Umphlett Vaughn Walker White Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Ballentine Bannister Bowers Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Funderburk Haskins Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips M. A. Pitts Rivers Rutherford Scott Simrill Sinclair F. N. Smith G. M. Smith J. E. Smith Talley Vick Viers Weeks Whipper Whitmire
So, the House refused to table the amendment.
Rep. CHELLIS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Ballentine Bannister Bowers Breeland G. Brown J. Brown R. Brown Clyburn Coates Cobb-Hunter Coleman Delleney Funderburk Haskins Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Littlejohn Lucas Mack Martin McCraw McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Phillips M. A. Pitts Rhoad Rivers Rutherford Scott Simrill Sinclair F. N. Smith G. M. Smith J. E. Smith Talley Vick Viers Weeks Whipper
Those who voted in the negative are:
Bailey Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Hinson Hiott Huggins Kirsh Limehouse Loftis Mahaffey Merrill Norman Owens Perry Pinson E. H. Pitts Rice Sandifer Scarborough Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Umphlett Vaughn Walker White Whitmire Witherspoon Young
So, the amendment was rejected.
Rep. DELLENEY proposed the following Amendment No. 24 (Doc Name COUNCIL\DKA\3724DW06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 42-15-60 of the 1976 Code is amended by adding at the end:
"(C)(1) An employee covered by this chapter who, for reasons of injury or medically determined restrictions, and whose skills are not transferable to equivalent work, is entitled to vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If services are not voluntarily offered and accepted, the South Carolina Workers' Compensation Commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of the report, the commission may order that the services and treatment recommended in the report, or other rehabilitative treatment or service it considers necessary, be provided at the expense of the employer. Vocational rehabilitation training, treatment, or service required pursuant to this section does not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks.
(2) If rehabilitation services require residence at or near the facility or institution away from the employee's customary residence, reasonable cost of his board, lodging, and travel must be paid for by the employer.
(3) Refusal to accept rehabilitation services pursuant to order of the commission results in the loss of compensation for each week of the period of refusal." /
Renumber sections to conform.
Amend title to conform.
Rep. DELLENEY explained the amendment.
Rep. CHELLIS moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Duncan Edge Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hinson Hiott Huggins Kirsh Limehouse Loftis Lucas Mahaffey McCraw Merrill Norman Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. R. Smith J. R. Smith Stewart Talley Taylor Thompson Toole Umphlett Vaughn Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Bales Bowers Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Emory Funderburk Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Littlejohn Mack Martin McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Parks Rhoad Rivers Rutherford Scott Sinclair F. N. Smith G. M. Smith J. E. Smith W. D. Smith Vick Viers Weeks Whipper
So, the amendment was tabled.
Rep. HAMILTON proposed the following Amendment No. 25 (Doc Name COUNCIL\GJK\21094SD06), which was rejected:
Amend the bill, as and if amended, by adding a new SECTION immediately after SECTION 8 to be appropriately numbered to read:
/SECTION ____. Section 42-13-90(a) of the 1976 Code is amended to read:
"(a) An employee covered by this chapter who, for reasons of injury or medically determined restrictions on radiation exposure, and whose skills are not transferable to equivalent work not involving radiation exposure, shall be is entitled to such vocational rehabilitation services, including retraining and job replacement, as may be reasonably necessary to restore him to suitable employment. If such these services are not voluntarily offered and accepted, the Industrial Workers' Compensation Commission, on its own motion or upon application of the employee, after affording the parties an opportunity to be heard, may refer the employee to one or more qualified physicians or facilities for evaluation of the practicability of, the need for, and the kind of service, treatment or training necessary for and appropriate to render him fit for a remunerative occupation. Upon receipt and evaluation of such the report, the Industrial commission may order that the services and treatment recommended in the report, or such other another rehabilitation treatment or service it may deem considers necessary, be provided at the expense of the employer. Vocational rehabilitation training, treatment or service required pursuant to this section shall not extend for a period of more than fifty-two weeks, except in unusual cases when by special order of the Industrial Commission commission, after affording the parties an opportunity to be heard, the period may be extended for an additional twenty-six weeks. The employee shall receive fifty percent of his average weekly wages during the period he receives vocational rehabilitation services to be paid by his employer." /
Renumber sections to conform.
Amend title to conform.
Rep. HAMILTON explained the amendment.
Rep. CHELLIS moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bales Bowers Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Delleney Funderburk Hamilton Harvin Hodges Hosey Jefferson Jennings Kennedy Mack McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal Neilson Parks Phillips Rivers Rutherford Scott Sinclair F. N. Smith G. R. Smith J. E. Smith W. D. Smith Talley Viers Weeks Whipper
Those who voted in the negative are:
Bailey Ballentine Bannister Barfield Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Cooper Cotty Dantzler Davenport Duncan Emory Frye Hagood Haley Hardwick Harrell Harrison Haskins Hayes Hinson Hiott Huggins Kirsh Limehouse Littlejohn Loftis Lucas Mahaffey Martin Merrill J. M. Neal Norman Ott Owens Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Sandifer Scarborough Simrill Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Taylor Thompson Toole Umphlett Vaughn Vick Walker White Whitmire Witherspoon
So, the amendment was rejected.
Reps. SANDIFER and LEACH proposed the following Amendment No. 26 (Doc Name COUNCIL\GJK\21096SD06), which was tabled:
Amend the bill, as and if amended, by adding a new section immediately after SECTION 2 to be appropriately numbered to read:
/SECTION ____. Section 42-9-30 of the 1976 Code, as last amended by Act 412 of 1988, is further amended to read:
"Section 42-9-30. In cases included in the following schedule, the disability in each case shall be deemed to continue for the period specified and the compensation so paid for such injury shall be as specified therein, to wit medical impairment determinations shall be based upon the most current edition of the Guides to Evaluation of Permanent Impairment published by the American Medical Association, and awards shall be determined based on permanent medical impairment and additional factors, if present. Additional factors are limited to the age, education, and vocational history of the claimant, and an award shall not exceed more than one hundred and fifty percent of a medical impairment determination as a result of any and all of these additional factors. An award by the commission shall set forth in writing the commission's finding as to the medical impairment rating of the injured employee. An award in excess of one hundred percent of a medical impairment determination may only be awarded pursuant to a written determination by the commission that the award is justified based upon the additional factors listed in this section and setting forth the commission's reasons for granting the award. For an award in excess of one hundred and twenty-five percent of a medical impairment determination, the standard of proof shall be by clear and convincing evidence. As used in this section, 'permanent medical impairment' means only such impairment of the specified body member as determined by a qualified medical professional in accordance with the most current edition of the Guides to Evaluation of Permanent Impairment published by the American Medical Association. This disability in each case shall be deemed to continue for the period specified and the compensation so paid for such injury shall be as specified,:
(1) For the loss of a thumb, sixty-six and two-thirds percent of the average weekly wages during sixty-five weeks;
(2) For the loss of a first finger, commonly called the index finger, sixty-six and two-thirds percent of the average weekly wages during forty weeks;
(3) For the loss of a second finger, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(4) For the loss of a third finger, sixty-six and two-thirds percent of the average weekly wages during twenty-five weeks;
(5) For the loss of a fourth finger, commonly called the little finger, sixty-six and two-thirds percent of the average weekly wages during twenty weeks;
(6) The loss of the first phalange of the thumb or any finger shall be considered to be equal to the loss of one-half of such thumb or finger and the compensation shall be for one-half of the periods of time above specified;
(7) The loss of more than one phalange shall be considered the loss of the entire finger or thumb; provided, however, THAT in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand;
(8) For the loss of a great toe, sixty-six and two-thirds percent of the average weekly wages during thirty-five weeks;
(9) For the loss of one of the toes other than a great toe, sixty-six and two-thirds percent of the average weekly wages during ten weeks;
(10) The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and the compensation shall be for one-half the periods of time above specified;
(11) The loss of more than one phalange shall be considered as the loss of the entire toe;
(12) For the loss of a hand, sixty-six and two-thirds percent of the average weekly wages during one hundred and eighty-five weeks;
(13) For the loss of an arm, sixty-six and two-thirds percent of the average weekly wages during two hundred twenty weeks;
(14) For the loss of a foot, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(15) For the loss of a leg, sixty-six and two-thirds percent of the average weekly wages during one hundred ninety-five weeks;
(16) For the loss of an eye, sixty-six and two-thirds percent of the average weekly wages during one hundred forty weeks;
(17) For the complete loss of hearing in one ear, sixty-six and two-thirds percent of the average weekly wages during eighty weeks; and for the complete loss of hearing in both ears, sixty-six and two-thirds percent of the average weekly wages during one hundred sixty-five weeks, and the commission shall by regulation provide for the determination of proportional benefits for total or partial loss of hearing based on accepted national medical standards;
(18) Total loss of use of a member or loss of vision of an eye shall be considered as equivalent to the loss of such member or eye. The compensation for partial loss of or for partial loss of use of a member or for partial loss of vision of an eye shall be such proportion of the payments herein provided for total loss as such partial loss bears to total loss;
(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three 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 therefore under paragraph two of Section 42-9-10;
(20) For the total or partial loss of, or loss of use of, a member, organ, or part of the body not covered herein and not covered under Section 42-9-10 or 42-9-20, sixty-six and two thirds of the average weekly wages not to exceed five hundred weeks. The commission shall by regulations prescribe the ratio which the partial loss or loss or partial loss of use of a particular member, organ, or body part bears to the whole man, basing such ratios on accepted medical standards and such ratios shall determine the benefits payable under this subsection;
(21) Proper and equitable benefits shall be paid for serious permanent disfigurement of the face, head, neck, or other area normally exposed in employment, not to exceed fifty weeks. Where benefits are paid or payable for injury to or loss of a particular member or organ under other provisions of this Title no additional benefits shall be paid under this paragraph, except that disfigurement shall also include compensation for serious burn scars or keloid scars on the body resulting from injuries, in addition to any other compensation.
The weekly compensation payments referred to in this section shall all be subject to the same limitations as to maximum and minimum as set out in Section 42-9-10." /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. F. N. SMITH moved to table the amendment, which was agreed to.
Rep. COATES moved to recommit the Bill to the Committee on Labor, Commerce and Industry.
Rep. THOMPSON moved to table the motion.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Bailey Bales Ballentine Bannister Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Emory Frye Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hinson Hiott Huggins Limehouse Littlejohn Lucas Mahaffey Martin Merrill J. M. Neal Neilson Norman Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vick Walker White Whitmire Witherspoon Young
Those who voted in the negative are:
Allen Anderson Barfield Bowers Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Delleney Edge Funderburk Harvin Hayes Hodges Hosey Howard Jefferson Jennings Kennedy Kirsh Loftis Mack McGee McLeod Miller Mitchell Moody-Lawrence J. H. Neal Ott Owens Parks Rice Rivers Rutherford F. N. Smith G. M. Smith J. E. Smith Vaughn Viers Weeks Whipper
So, the motion to recommit the Bill was tabled.
Rep. BALES proposed the following Amendment No. 27 (Doc Name COUNCIL\GJK\22001SD06), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. Section 42-3-20 of the 1976 Code is amended by adding a new paragraph at the end to read:
Notwithstanding any other provision of law, upon the expiration of the terms of the members of the Workers' Compensation Commission serving in office on January 1, 2007, their successors shall be elected by the General Assembly for terms of six years each and until their successors are selected and qualify. These elected members shall be screened, nominated, and elected in the same manner that members of the Employment Security Commission are screened, nominated, and elected. /
Renumber sections to conform.
Amend title to conform.
Rep. BALES explained the amendment.
Rep. THOMPSON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Haley Hamilton Harrell Lucas McLeod Norman E. H. Pitts Skelton D. C. Smith J. R. Smith Thompson Witherspoon
Those who voted in the negative are:
Allen Anderson Bailey Bales Bannister Barfield Bingham Bowers Brady Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Hardwick Harrison Harvin Haskins Hayes Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Limehouse Littlejohn Loftis Mack Mahaffey Martin McGee Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair F. N. Smith G. M. Smith G. R. Smith J. E. Smith W. D. Smith Stewart Talley Taylor Toole Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Young
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. KENNEDY moved that the House do now adjourn.
Rep. YOUNG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
J. Brown Dantzler Hamilton Harvin Mahaffey Martin Rivers Rutherford Stewart
Those who voted in the negative are:
Agnew Allen Anderson Bailey Bales Ballentine Bannister Barfield Bingham Bowers Brady G. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hardwick Harrell Harrison Haskins Hayes Hinson Hiott Hodges Hosey Huggins Jefferson Jennings Kennedy Kirsh Limehouse Loftis Lucas Mack McGee McLeod Merrill Mitchell Moody-Lawrence J. H. Neal J. M. Neal Norman Ott Owens Parks Perry Phillips E. H. Pitts Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Witherspoon Young
So, the House refused to adjourn.
Rep. SCARBOROUGH proposed the following Amendment No. 29 (Doc Name COUNCIL\GJK\21098SD06), which was adopted:
Amend the bill, as and if amended, by striking Section 12 and inserting:
/Section 12. This act takes effect upon approval by the Governor, except that Sections 6, 10, and 11 take effect October 1, 2006, and only apply to workers' compensation claims arising on or after that date.
The Department of Insurance shall employ an outside actuary to perform a study determining the cost savings realized from the provisions of this act for the period January 1, 2007, to December 31, 2012, and shall report the results to the Speaker of the House of Representatives, President Pro Tempore of the Senate, and the Governor not later than December 31, 2006. Each member of the General Assembly shall receive a summary of the report from the Department of Insurance by December 31, 2006.
In this report, the Department of Insurance shall also make such recommendations to the General Assembly as it considers appropriate as to how to further reduce workers compensation costs in this State. /
Renumber sections to conform.
Amend title to conform.
Rep. SCARBOROUGH explained the amendment.
The amendment was then adopted.
Rep. DUNCAN proposed the following Amendment No. 33 (Doc Name COUNCIL\NBD\12405AC06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 42-3-20 of the 1976 Code is amended to read:
"Section 42-3-20. (A) The commission shall consist consists of seven eleven members appointed by the Governor with the advice and consent of the Senate for terms of six years and until their successors are appointed and qualify. The Governor with the advice and consent of the Senate shall designate one commissioner as chairman for a term of two years and the chairman may serve two terms in his six-year term but not consecutively.
(B) The commissioners, other than the chairman, shall hear and determine all contested cases, conduct informal conferences when necessary, approve settlements, hear applications for full commission reviews and handle such other matters as may that come before the department for judicial disposition. Full Commission reviews shall review hearings must be conducted by six commissioners only an appellate panel, made up of the three commissioners, other than the chairman, with the most seniority on the commission. In the event of the absence of one or more of the appellate panel members, the chairman of the commission shall serve as a member of the appellate panel. The commissioners who are designated as members of the appellate panel must not be assigned as hearing commissioners, but shall hear and decide petitions for review of single commissioner decisions on a full-time basis with the original hearing commissioner not sitting at such reviews. When one commissioner is temporarily incapacitated or a vacancy exists on the Commission , reviews may be conducted by the five remaining commissioners but in such cases decisions of the hearing commissioner shall not be reversed except on the vote of at least four commissioners; provided, however, that effective July 1, 1981 full Commission reviews may be conducted by three-member panels composed of three commissioners appointed by the chairman excluding the original hearing commissioner. The chairman, with unanimous approval of the other commissioners, shall determine which full commission reviews shall be assigned to panels. The decisions of such panels shall have the same force and effect as nonpanel full commission reviews."/
Renumber sections to conform.
Amend title to conform.
Rep. DUNCAN explained the amendment.
Rep. CATO moved to table the amendment, which was agreed to.
Rep. EDGE moved to recommit the Bill to the Committee on Labor, Commerce and Industry.
Rep. CATO raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. M. A. PITTS proposed the following Amendment No. 28 (Doc Name COUNCIL\BBM\9379HTC06), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 42-9-10 of the 1976 Code is amended to read:
"Section 42-9-10. When the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than seventy-five dollars a week so long as this amount does not exceed his average weekly salary; if this amount does exceed his average weekly salary, the injured employee may not be paid, each week, less than his average weekly salary. The injured employee may not be paid more each week than the average weekly wage in this State for the preceding fiscal year. In no case may the period covered by the compensation exceed five hundred weeks except as hereinafter provided. When the incapacity for work resulting from an injury is total, the amount of compensation payable pursuant to this provision must increase by a percentage equal to the percentage, if any, by which the average weekly wage for the State as determined pursuant to Section 42-1-50 exceeds the average weekly wage for the State for the preceding year.
The loss of both hands, arms, feet, legs, or vision in both eyes, or any two thereof, constitutes total and permanent disability to be compensated according to the provisions of this section.
Notwithstanding the five hundred week limitation prescribed in this section or elsewhere in this title, any person determined to be totally and permanently disabled who as a result of a compensable injury is a paraplegic, a quadraplegic, or who has suffered physical brain damage or who at the time of the compensable injury is performing services arising out of and in the course of employment as a law enforcement officer or firefighter is not subject to the five hundred week limitation and shall receive the benefits for life.
Notwithstanding the provisions of Section 42-9-301, no total lump sum payment may be ordered by the commission in any case under this section where the injured person is entitled to lifetime benefits." /
Renumber sections to conform.
Amend title to conform.
Rep. M. A. PITTS explained the amendment.
The SPEAKER granted Rep. LOFTIS a leave of absence for the remainder of the day.
Rep. M. A. PITTS continued speaking.
Rep. CATO moved to table the amendment, which was agreed to.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Anderson Bailey Bales Ballentine Bannister Bingham Bowers Brady G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Emory Funderburk Hagood Haley Hardwick Harrell Harrison Harvin Haskins Hayes Hinson Hodges Hosey Howard Huggins Jefferson Jennings Kennedy Limehouse Lucas Mahaffey Martin McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Umphlett Vick Viers White Whitmire Witherspoon Young
Those who voted in the negative are:
Barfield Breeland R. Brown Duncan Edge Frye Hamilton Kirsh Mack Rice Rutherford D. C. Smith G. M. Smith Vaughn Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I wish to be recorded as voting in favor of H. 4427.
Rep. Mike Anthony
Rep. JENNINGS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4949 (Word version) -- Rep. Hagood: A CONCURRENT RESOLUTION TO HONOR MS. IJUANA GADSDEN OF CHARLESTON COUNTY FOR HER DEDICATION TO THE STUDENTS OF THE COLLEGE OF CHARLESTON AND TO RECOGNIZE THE MANY AND VARIED CONTRIBUTIONS THIS OUTSTANDING SOUTH CAROLINIAN MAKES DAILY TO THE COLLEGE COMMUNITY AND TO THE STATE OF SOUTH CAROLINA.
H. 4765 (Word version) -- Reps. McGee, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE ON FRIDAY, JUNE 16, 2006, FROM 11:30 A.M. TO 12:30 P.M. FOR ITS ANNUAL STATE HOUSE MEETING.
H. 4868 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 30-MAY 7, 2006, AS SOIL AND WATER STEWARDSHIP WEEK IN SOUTH CAROLINA AND TO COMMEND THE CONSERVATION DISTRICTS OF SOUTH CAROLINA FOR PROMOTING WISE AND RESPONSIBLE STEWARDSHIP OF OUR SOIL AND WATER.
H. 4935 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE PINEWOOD PREPARATORY SCHOOL MEN'S BASKETBALL TEAM OF SUMMERVILLE ON ITS IMPRESSIVE WIN OF THE 2006 SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION AAA STATE CHAMPIONSHIP, AND TO HONOR THE PLAYERS AND THEIR COACH, PAT EDISON, ON AN EXCEPTIONAL SEASON.
H. 4950 (Word version) -- Reps. G. Brown, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Limehouse, Littlejohn, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SUSAN AUDE, FORMER ANCHOR OF WIS NEWS, FOR HER OUTSTANDING CONTRIBUTIONS TO THE FIELD OF BROADCAST JOURNALISM AND TO THE LIVES OF ALL SOUTH CAROLINIANS, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
At 6:35 p.m. the House, in accordance with the motion of Rep. MACK, adjourned in memory of William Means Bowling of Greenville, father-in-law of Representative Fletcher Smith, to meet at 10:00 a.m. tomorrow.
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