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Printed Page 2730, Apr. 26
| Printed Page 2750, Apr. 26
| Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. THOMAS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\BBM\10113JM.95), which was tabled.
Amend the bill, as and if amended, page 1, by striking Section 42-9-30(19), as contained in SECTION 1 at lines 26 through 37, and inserting:
/"(19) For the total loss of use of the back, sixty-six and two-thirds percent of the average weekly wages during three nine hundred weeks. The compensation for partial loss of use of the back shall must be such those proportions of the periods of payment herein provided in this paragraph for total loss as such the partial loss bears to total loss, except that in cases where there is fifty percent or more loss of use of the back, in which event the injured employee shall be deemed is presumed to have suffered total and permanent disability and must be compensated therefor for this under paragraph two of Section 42-9-10. The presumption of total and permanent disability due to a fifty percent or more loss of use of the back may be rebutted by a preponderance of the evidence."/
Amend title to conform.
Rep. THOMAS moved to table the amendment, which was agreed to.
Rep. BAXLEY spoke against the Bill and moved to table the Bill.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Cave Clyburn Delleney Govan Harris, J. Harrison Hines Howard Inabinett Jennings Lloyd Martin McMahand Moody-Lawrence Neal Rogers Scott Sheheen
Thomas Whipper, L. Whipper, S. White Williams
Those who voted in the negative are:
Allison Askins Bailey Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tucker Vaughn Waldrop Walker Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Allison Askins Bailey Brown, G. Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fleming Fulmer Gamble Hallman Harrell Harvin Herdklotz Hodges Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McMahand Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tucker Vaughn Waldrop Walker Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, J. Cave Clyburn Delleney Harris, J. Harrison Jennings Lloyd Martin Neal Scott Whipper, L. White Williams
So, the Bill was read the second time and ordered to third reading.
I was out of the chamber when H. 3838 was voted on. I would like for my vote to be recorded in the affirmative Yes.
Rep. HAROLD G. WORLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3838 General Subject Matter: Workers' Comp
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. THOMAS E. HUFF
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3838 General Subject Matter: Workers' Comp
The reason for abstaining on the above reference legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TERRY E. HASKINS
The following Bill was taken up.
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT
Rep. SHARPE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
Rep. SHARPE moved that the House recur to the morning hour, which was rejected.
Rep. SCOTT moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Breeland Carnell Cave Chamblee Cobb-Hunter Hines Hodges Klauber Lloyd Martin McMahand Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Waldrop Whipper, L. Whipper, S. White Williams
Those who voted in the negative are:
Allison Askins Baxley Brown, G. Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Fulmer Gamble Hallman Harrell Harris, J.
Harrison Harvin Haskins Herdklotz Huff Hutson Inabinett Jennings Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Vaughn Walker Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to adjourn.
The following Bill was taken up.
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Rep. BREELAND proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10218JM.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Any employer or workers' compensation carrier who takes credit for benefits paid under Title 42 of the 1976 Code pursuant to 33 U.S.C. 903(e) shall reimburse the employer or carrier who originally
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BREELAND explained the amendment.
Rep. RICHARDSON moved to table the amendment.
Rep. BREELAND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 30 to 20.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to by a division vote of 63 to 14.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
Referred to Committee on Judiciary.
S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. JASKWHICH having the floor.
H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.
Rep. ALLISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE
FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A
CHILD
NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Rep. HERDKLOTZ made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH
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