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| so when amended Section 40-15-190(B)(2) reads:
"(2) obtain records specifically relating to the mental or physical condition of a licensee, registrant, or applicant that is the subject of an investigation authorized by item (1), and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing dentistry or dental hygiene or performing dental technological work in this State or files an application to practice dentistry or dental hygiene or to perform dental technological work in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds of a privileged communication. If a licensee, registrant, or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license or registration pending compliance and further order of the board. A licensee, registrant, or applicant who is prohibited from practicing dentistry or dental hygiene or performing dental technological work under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of dentistry or dental hygiene or performing dental technological work with reasonable skill and safety to patients."
Amend title to conform.
Rep. TRIPP 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.
H. 3194 -- Rep. Hodges: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE
Reps. SIMRILL, HASKINS, ROBINSON, LOFTIS, MARCHBANKS, TROTTER, MASON and SANDIFER objected to the Bill.
The following Bill was taken up.
S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5305HTC.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 4-20-70 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-70. A community recreation special tax district may be abolished or its boundaries decreased in the same manner as provided in this chapter for its creation. County council may by ordinance increase the boundaries of a community recreation special tax district upon filing with the county council of a petition so requesting signed by at least fifteen percent of the qualified electors residing in the area proposed to be added to the district. The proposed increased area must be contiguous to the existing boundaries of the current community recreation special tax district. No such increase or decrease of boundaries of a district which after the increase or decrease will include any area within an incorporated municipality shall be effective unless the municipal governing body has by formal action concurred in the increase or decrease and provided written
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. KELLEY proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\5698HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . Section 4-20-60 of the 1976 Code, as added by Act 425 of 1994, is amended to read:
"Section 4-20-60. Before the issuance of any general obligation bonds or any revenue bonds and the levy of a tax or service charge to retire the bonds at rates different from those levied in the remainder of the county, the county council shall first approve the issuance of the general obligation bonds or the revenue bonds and the levy of the tax or service charge to retire the bonds. The levy of a tax or service charge for general obligation bonds or revenue bonds is subject to the limitation imposed by referendum on the maximum level of taxes or user service charges authorized to be levied and collected for the district.
With the approval of the governing body of the county, the district may pledge collateral and borrow by means other than bonds for the same purposes for which bonds may be issued and subject to the same limitations on repayment."/
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. CANTY a leave of absence.
The following Bill was taken up.
H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22476SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 41-1-65. (A) As used in this section:
(1) `Employer' means any person, partnership, for-profit or nonprofit corporation, limited liability corporation, the State and its political subdivisions and their agents that employ one or more employees. `Agent' as used herein is defined as the employer or the employer's designee.
(2) `Employee' means any person employed by an employer.
(3) `Evaluations' means written employee evaluations which were conducted by the employer and signed by the employee before the employee's separation from the employer and of which the employee, upon written request, shall be given a copy.
(4) `Former employee' means an individual who, at any time in the past, was employed by an employer.
(5) `Job performance' includes, but is not limited to, attendance, attitude, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, and disciplinary actions.
(6) `Prospective employer' means any employer, as defined in this section, to which a prospective employee has made application, either oral or written, or forwarded a resume or other correspondence expressing an interest in employment.
(7) `Prospective employee' means any person who has made an application either oral or written or has sent a resume or other
(B) Unless otherwise provided by law, an employer shall have absolute immunity from civil liability for the disclosure of an employee's or former employee's dates of employment, pay level, and wage history to a prospective employer.
(C) Unless otherwise provided by law, an employer who responds in writing to a written request concerning a current or former employee from a prospective employer of that employee shall be immune from civil liability for disclosure of the following information to which an employee may have access:
(1) written employee evaluations;
(2) official personnel notices that formally record the reasons for separation;
(3) whether the employee was voluntarily or involuntarily released from service and the reason for the separation; and
(4) information about job performance as defined in subsection (A)(5).
(D) The protection and immunity provided by this section shall not apply where an employer knowingly or recklessly releases or discloses false information."
SECTION 2. The provisions of Section 41-1-65 of the 1976 Code, as added by Section 1 of this act, shall apply to causes of action accruing on or after the effective date of this act./
SECTION 3. This act takes effect upon approval by the Governor./ Renumber sections to conform.
Amend totals and title to conform.
Renumber sections to conform.
Amend totals and title to conform.
Rep. THOMAS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Allison Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Hines, J. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McTeer Meacham Neilson Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Young-Brickell
Those who voted in the negative are:
Hines, M. Lee Martin Scott Whipper, S.
I was several minutes late to the Session today due to a prior commitment representing a client in court.
Had I been present, I would have voted for the passage of H. 4387 to grant employees immunity on the release of employee information to prospective employers.
I was one of the primary advocates for this Bill in the Judiciary Committee.
Rep. WILLIAM F. COTTY
I was away from my desk on other business when H. 4387 was considered. Please record that I would have voted for the Bill.
Rep. JOSEPH T. McELVEEN, JR.
I missed the roll call vote on H. 4387 because I was in a Senate Judiciary Subcommittee meeting on H. 3730 of which I am the author. I am a co-sponsor on H. 4387 and would have voted Aye if I had been present.
Rep. W. JEFFREY YOUNG
The following Bill was taken up.
H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22466SD.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (2), (3), (7), and (9) of Section 9A, Act 518 of 1980, as amended by Section 2, Act 545 of 1986, are further amended to read:
"(2) The term `Athletic Facilities' means all facilities designated revenue producing by the University as Athletic Facilities now owned or hereafter acquired by the University for the use of which an admission fee is charged and the revenues from which are pledged to the system of facilities established by this act.
(3) The term `Bond Reserve Fund' means the special fund to be which may be established by the trustees pursuant to this act, which must be in the custody of the State Treasurer and which is primarily established for the purpose of providing a reserve with which to meet the payment of the principal of and interest on bonds issued pursuant to this act in the event that payments otherwise required for the Debt Service Fund are insufficient to meet the payment of the principal and interest as and when they become due and payable. Monies in the Bond Reserve Fund may also may be used to pay costs of Athletic Facilities in accordance with the provisions of subsections N and P of this section.
(7) The terms `Improvements' means:
(i) the enlargement of and improvements to Carolina Stadium including all necessary equipment paid for with the proceeds of bonds or with excess funds in the Bond Reserve Fund; and or
(ii) improvements to any other Athletic Facilities; or
(iii) the acquisition, construction, reconstruction, renovation, or equipping of any other Athletic Facility.
(9) The term `State Board' means the South Carolina Budget and Control Board. Reserved."
"C. May Issue Bonds.
Subject to obtaining the approval of the State Board expressed by resolution duty adopted, the Trustees are authorized to issue from time to time not exceeding twenty million dollars of Bonds for the purpose of acquiring, constructing, reconstructing, renovating, or equipping Athletic Facilities. In the event If the Trustees, in authorizing the issuance of Bonds pursuant to this section, prescribe by resolution that there must be on deposit in the Bond Reserve Fund certain sums at the time of the delivery of the Bonds, the Trustees are empowered to utilize a portion of the proceeds of any series of Bonds issued pursuant to this section in order to meet the requirement."
SECTION 3. The penultimate paragraph of Section 9N of Act 518 of 1980, as last amended by Section 4, Act 545 of 1986, is further amended to read:
"Whenever the Bond Reserve Fund, if any, exceeds the reserve required for Bonds then outstanding the Trustees are empowered with the approval of the State Board to withdraw the excess and apply it to other Athletic Facilities or improvements or for any other corporate purpose of the University."
SECTION 4. Subsection P(1) of Section 9 of Act 518 of 1980 is amended to read:
"(1) (a) To use proceeds of the Bonds to acquire, construct, reconstruct, or renovate Athletic Facilities, to pay the cost of issuance of the Bonds, to pay the cost of bond insurance and other credit enhancement and defray the cost of interest accruing on the bonds for such time as determined by the Trustees.
(b) To covenant and agree throughout the life of the Bonds, that the Admission Fee and the Special Student Fee shall must be imposed, maintained, and revised when necessary, in such amount, without limitation as to rate, as shall be is sufficient to meet the payment of the principal of and interest on the Bonds as they become due, and to create the reserve, if any, required by such resolutions for outstanding Bonds in the Bond Reserve Fund. The Bond Reserve Fund shall, except as hereinafter provided, must be used only to meet the payment of the principal of and interest on the Bonds when moneys monies in the Debt Service Fund shall be is insufficient therefor, and shall must be maintained in such a manner as to insure it ensure it's availability for such purposes. Whenever the Debt Service Fund shall equal all payments of principal and interest due and to become due in the then current fiscal year, and the
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