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Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

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 Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD4387.001), which was adopted:

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

/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. As used in this definition, `agent' means any former supervisor or the employer's designee.

(2) `Employee' means any person employed by an employer.

(3) `Evaluation' means a written employee evaluation which was conducted by the employer and signed by the employee, including any written employee response to the evaluation, before the employee's

(4) `Former employee' means an individual who was previously 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 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 correspondence to a prospective employer indicating an interest in employment.

(B) Unless otherwise provided by law, an employer shall be immune 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 employee 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 or former 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.

(D) This protection and immunity 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 occurring on or after the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

On motion of Senator GREGORY, the Bill was carried over.

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, TO REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; AND TO REVISE SUCH PROVISIONS AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ON THE COMMISSION; (ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (1195R003.GFM) proposed by Senators McCONNELL and FORD and previously printed in the Journal of Tuesday, April 2, 1996.

On motion of Senator McCONNELL, with unanimous consent, Amendment No. 1 was withdrawn.

On motion of Senator DRUMMOND, debate was interrupted by adjournment.

Having received a favorable report from the Charleston County Delegation, the following appointments were confirmed in open session:

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Deborah C. Summey, 5069 Ashby Avenue, North Charleston, S.C. 29405 VICE Keith M. Thompson

Reappointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable Helen E. Clawson, 4 Limehouse Street, Charleston, S.C. 29401

Senator DRUMMOND moved that when the Senate adjourns on Monday, April 8, 1996, it stand adjourned to meet Tuesday, April 9, 1996, at 12:00 Noon, which motion was adopted.

At 12:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet next Monday, April 8, 1996, at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator LANDER.

The following Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4611 -- Reps. Hodges and Boan: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY STUDENTS OF INDIAN LAND ELEMENTARY SCHOOL AND INDIAN LAND HIGH SCHOOL OF THE LANCASTER COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO FLOODING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator GREGORY)

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator COURTNEY, with unanimous consent)

H. 4822 -- Reps. Robinson and H. Brown: A JOINT RESOLUTION AUTHORIZING THE DEPARTMENT OF REVENUE AND

(By prior motion of Senator DRUMMOND, with unanimous consent)

The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(By prior motion of Senator REESE)

S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.

(By prior motion of Senator HOLLAND, with unanimous consent)

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON

(By prior motion of Senator REESE, with unanimous consent)

At 11:35 A.M., on motion of Senator RYBERG, the Senate adjourned to meet Tuesday, April 9, 1996, at 12:00 Noon.

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the data recorded by St. Luke, Chapter 24 (vv. 5-7) (NRSV):

"The women were terrified and bowed their

faces to the ground, but the men said to

them, `Why do you look for the living among

the dead? He is not here, but has risen.

Remember how He told you, while He was

still in Galilee, that the Son of Man must

be handed over to sinners, and be crucified,

and on the third day rise again.' Then

they remembered..."
Let us pray.

Our Father-God, we join with a worldwide Christendom in giving thanks for what the message of the Resurrection can mean to a torn and suffering world!

Help us to realize that the Lord of our faith is alive forevermore!

May we remember, in every time of perplexity, that He is with us to guide and reassure us.

So, in a world of mystery, give us a living faith that there is a better world beyond this one of struggle and tears.

Indeed it impinges upon and interacts with our own!

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

February 14, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina State Housing Finance and Development Authority, with term to commence August 15, 1996, and to expire August 15, 2000:

At-Large:

Mr. J. Randolph Ayers, 1208 Walnut Grove - Pauline Road, Pauline, S.C. 29374 VICE C. Dan Joyner

Referred to the Committee on Labor, Commerce and Industry.

February 22, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:

6th Congressional District:

Ms. Della A. Baker, 117 Haskell Avenue, Florence, S.C. 29501 VICE Gloria J. Harris (resigned)

Referred to the General Committee.

March 20, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1992, and to expire June 30, 1997:

At-Large:

Mr. Leonard W. Mills, 409 Windy Road, Gilbert, S.C. 29054 VICE Dianne T. Poston

Referred to the Committee on Finance.

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