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 PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear an oracle concerning Babylon and Arabia, c. 691-689 BCE. Isaiah, Chapter 21:
"As whirlwinds in the Negeb sweep on, it comes from the desert, from a terrible land. A stern vision is told to me; the betrayer betrays, and the destroyer destroys.
Go up, O Elam, lay siege, O Media; all sighing she has caused I bring to an end."
Let us pray.
Father, we know that the history of those ancient lands is a record of strife and conflict, centering mostly in the issues of domination and succession.
Our President feels that our country has a mission to disarm the oppressor, Sadam.
Hear, O Lord, the prayers of the parents, the spouses, and the children of our young women and men heading into harm's way.
Help us, here, to do our jobs well... and to be faithful to You!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 2819
Agency: Department of Natural Resources
SUBJECT: Hunting in Wildlife Management Areas
Received by Lieutenant Governor March 4, 2003
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration July 2, 2003
(Subject to Sine Die Revision)
Senator LEATHERMAN introduced Dr. Edward Conyers of Florence, S.C., Doctor of the Day.
At 3:50 P.M., Senator RAVENEL requested a leave of absence until 10:00 A.M. in the morning.
At 4:05 P.M., Senator SHORT requested a leave of absence until 6:30 P.M.
S. 410 (Word version) -- Senators Setzler, Giese and Knotts: A CONCURRENT RESOLUTION TO HONOR AND CELEBRATE THE TWENTY-FIFTH ANNIVERSARY OF THE ESTABLISHMENT OF SOUTH CAROLINA SCHOOL IMPROVEMENT COUNCILS AND TO EXTEND THE MOST SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE THOUSANDS OF PARENTS, TEACHERS, STUDENTS, AND COMMUNITY MEMBERS WHO HAVE VOLUNTARILY SERVED ON SCHOOL IMPROVEMENT COUNCILS THROUGHOUT THE STATE AND WHO HAVE BEEN COMMITTED TO IMPROVING THE QUALITY OF EDUCATION IN THEIR LOCAL COMMUNITIES.
Senator GIESE asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
There was no objection.
The Resolution was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 3198 (Word version) -- Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge: A BILL TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.
H. 3666 (Word version) -- Reps. Talley, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stewart, Stille, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS A VITAL AND INTEGRAL PART OF SOUTH CAROLINA AND SOUTH CAROLINA'S ECONOMY, AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST FEATURED ATTRACTIONS WHICH SHOULD CONTINUE TO HOST TWO NASCAR WINSTON CUP RACES EACH YEAR.
Senator HAWKINS asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.
There was no objection.
Senator HAWKINS asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution, the question being the adoption of the Resolution.
On motion of Senator HAWKINS, with unanimous consent, the Concurrent Resolution was adopted and ordered returned to the House.
S. 296 (Word version) -- Senators Waldrep, O'Dell, Mescher, Verdin, Giese, Ritchie, Hayes, Leatherman, Ford, Ravenel, Peeler, Elliott, Glover, Reese, Courson, Fair and Gregory: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REQUIREMENT TO OBTAIN A PERMIT FOR UTILIZING A CRITICAL AREA IN COASTAL ZONE COUNTIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THE AREA HAS BEEN DESIGNATED, SO AS TO PROVIDE AN EXEMPTION FOR DISPOSAL OF MATERIAL DERIVED FROM MAINTENANCE DREDGING WITHIN CERTAIN DEVELOPMENTS.
On motion of Senator COURSON, with unanimous consent, the name of Senator COURSON was removed as a co-sponsor of S. 296.
The following were introduced:
S. 437 (Word version) -- Senator Knotts: A SENATE RESOLUTION TO CONGRATULATE THE COLUMBIA INFERNO ON THEIR OUTSTANDING PERFORMANCE IN THE 2001-2002 AND 2002-2003 PROFESSIONAL HOCKEY SEASONS, COMMEND THEM FOR THEIR DEDICATION, TEAMWORK, AND PROFESSIONALISM IN ONE OF THE MOST COMPETITIVE OF PROFESSIONAL SPORTS, AND TO WISH THEM EVERY SUCCESS AND A BRIGHT FUTURE IN THE WORLD OF PROFESSIONAL HOCKEY.
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The Senate Resolution was adopted.
S. 438 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 37, RELATING TO CONSUMER PROTECTION SO AS TO ENACT THE SOUTH CAROLINA HIGH-COST AND CONSUMER HOME LOANS ACT, TO PROHIBIT A MUNICIPALITY OR COUNTY FROM REGULATING THE SUBJECT LOANS, TO DEFINE THE SUBJECT LOANS, TO PROHIBIT PROVISIONS IN A HIGH-COST HOME LOAN AGREEMENT FOR ACCELERATION, BALLOON PAYMENT, NEGATIVE AMORTIZATION, INTEREST INCREASE, ADVANCE PAYMENTS FROM LOAN PROCEEDS, AND ADDITIONAL FEES IN CERTAIN CIRCUMSTANCES, TO REQUIRE A HIGH-COST HOME LOAN LENDER TO ENSURE THAT THE BORROWER RECEIVES THE OPPORTUNITY FOR LOAN COUNSELING AND IS REASONABLY ABLE TO MEET HIS LOAN OBLIGATIONS, TO PROHIBIT THE FINANCING OF CERTAIN FEES IN CONNECTION WITH MAKING A HIGH-COST HOME LOAN AND THE CHARGING OF POINTS AND FEES IN CONNECTION WITH THE REFINANCING OF AN EXISTING HIGH-COST HOME LOAN, TO PROVIDE FOR CERTAIN DISCLOSURES TO THE BORROWER BEFORE THE LOAN IS MADE, TO REGULATE THE PAYMENT OF A HOME IMPROVEMENT CONTRACTOR FROM THE PROCEEDS OF A HIGH-COST HOME LOAN, TO PROVIDE THAT A VIOLATION OF THE HIGH-COST HOME LOAN PROHIBITIONS OR RESTRICTIONS IS AN UNFAIR TRADE PRACTICE PURSUANT TO CHAPTER 5 OF TITLE 39 AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR ENFORCEMENT BY THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, ATTORNEY GENERAL, COMMISSIONER OF BANKING, OR A PARTY TO THE LOAN, TO PROVIDE FOR REMEDIES AND PENALTIES FOR VIOLATIONS OF THE HIGH-COST HOME LOAN RESTRICTIONS AND PROHIBITIONS INCLUDING ATTORNEY'S FEES, TO PROVIDE FOR ESTABLISHMENT OF GOOD FAITH BY A HIGH-COST HOME LOAN LENDER, TO PROVIDE CERTAIN RESTRICTIONS AND PROHIBITIONS IN THE MAKING OF A CONSUMER HOME LOAN, INCLUDING RESTRICTIONS ON THE CHARGING OF POINTS AND FEES AND THE PROHIBITION OF "FLIPPING" A LOAN, FINANCING CERTAIN INSURANCE PREMIUMS, AND ENCOURAGING DEFAULT OF A PREVIOUS LOAN, TO PROVIDE THAT A VIOLATION OF THE CONSUMER HOME LOAN RESTRICTIONS OR PROHIBITIONS IS AN UNFAIR TRADE PRACTICE AND TO REQUIRE ELECTION BY THE CLAIMANT, TO PROVIDE FOR PENALTIES AND REMEDIES INCLUDING ATTORNEY'S FEES; TO PROVIDE FOR REPAYMENT WITHOUT PENALTY OF CERTAIN LOANS; TO AMEND SECTION 37-10-103, RELATING TO PREPAYMENT WITHOUT PENALTY OF CERTAIN LOANS, SO AS TO INCREASE THE LOAN LIMIT FROM ONE HUNDRED THOUSAND DOLLARS TO ONE HUNDRED FIFTY THOUSAND DOLLARS; TO AMEND SECTION 37-1-109, RELATING TO THE CHANGE OF DOLLAR AMOUNTS IN THE CONSUMER PROTECTION CODE, SO AS TO ADD THAT LIMIT OF ONE HUNDRED FIFTY THOUSAND DOLLARS AS AN AMOUNT SUBJECT TO CHANGE ACCORDING TO CERTAIN INDICES; BY ADDING SECTIONS 37-2-309 AND 37-3-308 SO AS TO REQUIRE CERTAIN DISCLOSURES IN CONNECTION WITH THE CREDIT SALE OF A PURCHASER-OCCUPIED MANUFACTURED HOME OR A LOAN FOR THE PURCHASE, REFINANCING, OR CONSOLIDATION OF A LOAN SECURED BY A BORROWER-OCCUPIED MANUFACTURED HOME; TO AMEND SECTION 37-5-203, RELATING TO CIVIL PENALTIES FOR VIOLATION OF DISCLOSURE PROVISIONS, SO AS TO REFERENCE THE DISCLOSURES REQUIRED IN CONNECTION WITH A CREDIT SALE OF OR LOAN SECURED BY A MANUFACTURED HOME AND TO INCREASE THE PENALTY AMOUNT; TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO UNCONSCIONABILITY IN CONSUMER CREDIT TRANSACTIONS, SO AS TO PROVIDE THAT, IF, CONSIDERING CERTAIN FACTORS, THE CONSUMER IS UNABLE TO MAKE SCHEDULED PAYMENTS ON THE OBLIGATION WHEN DUE OR IS PERMITTED TO ENTER INTO A TRANSACTION FROM WHICH HE DERIVES NO SUBSTANTIAL BENEFIT, THE COURT MAY FIND THE TRANSACTION UNCONSCIONABLE; AND TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES ON CONSUMER LOANS, SO AS TO PROVIDE THAT CERTAIN RESTRICTIONS APPLY TO A LOAN BY A SUPERVISED LENDER WITH SCHEDULED LOAN PAYMENTS OF FEWER THAN ONE HUNDRED TWENTY DAYS INCLUDING DISCLOSURE REQUIREMENTS, PROHIBITION ON PREPAYMENT PENALTIES, AND LIMITS ON RENEWALS.
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Read the first time and ordered placed on the Calendar without reference.
S. 439 (Word version) -- Senator Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-745 SO AS TO DEFINE "COMMUNICATION DEVICE" AND "COMMUNICATION SYSTEM" AND PROVIDE THAT IT IS UNLAWFUL TO DISABLE, DESTROY, OR INJURE A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, TO PROVIDE THAT IT IS UNLAWFUL TO OBSTRUCT, IMPEDE, OR IMPAIR THE SERVICE OR TRANSMISSION OF A COMMUNICATION DEVICE OR COMMUNICATION SYSTEM DURING THE COMMISSION OF A CRIME, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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Read the first time and referred to the Committee on Judiciary.
S. 440 (Word version) -- Senator Grooms: A BILL TO DEVOLVE THE AUTHORITY TO MAKE APPOINTMENTS OR RECOMMENDATIONS TO CERTAIN OFFICES, BOARDS, AND COMMISSIONS AFFECTING ONLY COLLETON COUNTY WHICH ARE MADE BY OR UPON RECOMMENDATION OF THE HOUSE DELEGATION, SENATE DELEGATION, OR JOINT LEGISLATIVE DELEGATION OF COLLETON COUNTY TO THE GOVERNING BODY OF COLLETON COUNTY.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 441 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 23-35-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDOOR USE OF PYROTECHNIC MATERIALS, SO AS TO PROHIBIT THE INDOOR USE OF PYROTECHNIC MATERIALS.
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Senator HAWKINS spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 442 (Word version) -- Senator McCONNELL: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO DISABLED PERSONS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A SPECIAL MOTORCYCLE LICENSE TAG TO CERTAIN DISABLED PERSONS.
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Read the first time and referred to the Committee on Transportation.
S. 443 (Word version) -- Senators Leatherman, Giese, Mescher, Grooms, Branton, Hayes, Kuhn, J. Verne Smith, Courson, Ryberg, Drummond and Knotts: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE THOUSANDS OF MEN AND WOMEN FROM SOUTH CAROLINA WHO ARE SERVING IN THE ARMED FORCES OF THE UNITED STATES IN THE PERSIAN GULF AND TO ENCOURAGE THOSE BRAVE SOLDIERS TO RECORD THEIR LEGACIES OF SERVICE BY PARTICIPATING IN THE "WRITE FROM THE FRONT PROGRAM" SPONSORED BY THE STATE BUDGET AND CONTROL BOARD'S SOUTH CAROLINA CONFEDERATE RELIC ROOM AND MUSEUM.
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Senator LEATHERMAN spoke on the Resolution.
On motion of Senator LEATHERMAN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
H. 3025 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 7-19-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESIDENTIAL ELECTORS DECLARING FOR A CANDIDATE, SO AS TO PROVIDE THAT AN ELECTOR IS DEEMED TO HAVE IRREVOCABLY VOTED FOR A CANDIDATE AT THE TIME HE DECLARES FOR A CANDIDATE AND TO DELETE INCONSISTENT PROVISIONS.
Read the first time and referred to the Committee on Judiciary.
H. 3035 (Word version) -- Reps. Altman and Umphlett: A BILL TO AMEND SECTION 44-76-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS TRAINING AND USE REQUIREMENTS FOR PERSONS DESIGNATED AS AUTOMATED EXTERNAL DEFIBRILLATOR USERS (AED), SO AS TO PROVIDE THE TRAINING REQUIRED INCLUDES A TRAINING COURSE APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Read the first time and referred to the Committee on Medical Affairs.
H. 3084 (Word version) -- Reps. Talley, Littlejohn, Hinson, Cobb-Hunter, Richardson and Rutherford: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2003" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO THE SALE, FURNISHING, GIVING, DISTRIBUTION, AND PROVISION TO A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE AT LEAST EIGHTEEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE", AND TO PROVIDE A DEFINITION OF THE TERM "SELF SERVICE DISPLAY".
Read the first time and referred to the Committee on Judiciary.
H. 3137 (Word version) -- Reps. Sinclair, Littlejohn, W. D. Smith, Weeks, J. E. Smith, Edge and McLeod: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE THE QUALIFICATIONS FOR THIS OFFICE.
Read the first time and referred to the Committee on Judiciary.
H. 3229 (Word version) -- Reps. Coates, Altman, Bailey, Simrill, Viers, M. A. Pitts, Littlejohn, Wilkins, Branham, M. Hines, G. M. Smith, McGee, R. Brown, Vaughn, Leach, Witherspoon, Hamilton, Tripp, Perry, Trotter, Cooper, Duncan, Barfield, Delleney and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Read the first time and referred to the Committee on Finance.
H. 3274 (Word version) -- Reps. Townsend and Clark: A BILL TO AMEND SECTION 59-19-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO REVISE THE MANNER IN WHICH MATRICULATION AND INCIDENTAL FEES MAY BE CHARGED BY SCHOOL DISTRICTS INCLUDING PROVISIONS TO EXEMPT CERTAIN STUDENTS FROM THESE FEES.
Read the first time and referred to the Committee on Education.
H. 3289 (Word version) -- Rep. Altman: A BILL TO AMEND SECTIONS 15-78-80 AND 15-78-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A CLAIM BE VERIFIED.
Read the first time and referred to the Committee on Judiciary.
H. 3530 (Word version) -- Reps. Cato, Wilkins, Sandifer, Young, Cotty, Edge and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-27 SO AS TO PROHIBIT MEMBERSHIP ON AND RESTRICT EMPLOYMENT BY THE PUBLIC SERVICE COMMISSION OF A PERSON ASSOCIATED WITH A REGULATED BUSINESS; BY ADDING SECTION 58-3-35 SO AS TO PROVIDE FOR ETHICS STANDARDS AND REQUIREMENTS FOR PUBLIC SERVICE COMMISSIONERS; BY ADDING SECTION 58-3-65 SO AS TO ESTABLISH AN ADVISORY STAFF AND AN ADVOCACY STAFF FOR THE COMMISSION AND DESCRIBE THEIR RESPONSIBILITIES; AND BY ADDING SECTION 58-3-400 SO AS TO PROHIBIT EX PARTE COMMUNICATIONS WITH AND BY A COMMISSIONER OR ADVISORY STAFF IN CONNECTION WITH A PENDING PROCEEDING; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO ESTABLISHMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR QUALIFICATIONS, SCREENING, AND TERMS OF MEMBERSHIP; TO AMEND SECTION 58-3-24, AS AMENDED, RELATING TO PERSONS INELIGIBLE TO SERVE ON THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW A MEMBER OF THE GENERAL ASSEMBLY TO SERVE FOUR YEARS AFTER HE HAS NOT FILED FOR REELECTION TO THE GENERAL ASSEMBLY; TO AMEND PART 6, CHAPTER 6, TITLE 37, RELATING TO THE DIVISION OF CONSUMER ADVOCACY OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO DELETE ANY RESPONSIBILITIES OF THE DIVISION IN CONNECTION WITH THE PUBLIC SERVICE COMMISSION; TO AMEND SECTION 8-13-90, RELATING TO SEEKING OR OFFERING PLEDGES OF VOTES, SO AS TO PROHIBIT THE DIRECT OR INDIRECT SEEKING OF A PLEDGE OR COMMUNICATION ABOUT SCREENING UNTIL CANDIDATES FOR THE OFFICE ARE DETERMINED; AND TO REPEAL SECTION 58-3-60 RELATING TO EMPLOYMENT OF STAFF FOR THE PUBLIC SERVICE COMMISSION.
Read the first time and referred to the Committee on Judiciary.
H. 3640 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDIVIDUAL SEWAGE TREATMENT AND DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2801, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3654 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL INCENTIVE REWARD PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2726, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Education.
H. 3655 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES OF MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2787, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 3656 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2788, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 3657 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2789, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 3667 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2733, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3668 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NEONATAL SCREENING IN INBORN METABOLIC ERRORS AND HEMOGLOBINOPATHIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3672 (Word version) -- Reps. Walker, Mahaffey, Talley and Littlejohn: A BILL TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS IN SPARTANBURG COUNTY SCHOOL DISTRICTS 1, 2, 3, 4, 5, 6, AND 7.
Read the first time and, on motion of Senator RITCHIE, with unanimous consent, H. 3672 was ordered placed on the Calendar without reference.
H. 3698 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 17, 23, AND 24, 2003, BY THE STUDENTS OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER 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; AND TO ALLOW EMPLOYEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY VOLUNTARILY TO TAKE UP TO FOUR DAYS OF UNPAID LEAVE.
Read the first time and, on motion of Senator RITCHIE, with unanimous consent, H. 3698 was ordered placed on the Calendar without reference.
H. 3709 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO CONGRATULATE BOY SCOUT ERIC RYAN KYLE OF AIKEN ON RECEIVING THE PRESTIGIOUS EAGLE SCOUT BADGE, COMMEND HIM FOR HIS HARD WORK, PERSEVERANCE, AND MANY ACHIEVEMENTS WHILE EARNING THE HIGHEST AWARD IN SCOUTING, AND WISH HIM EVERY SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:
H. 3539 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF NURSING, RELATING TO CODE OF ETHICS FOR NURSES WITH INTERPRETIVE STATEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Columbia, S.C., February 27, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.3, S. 188 by a vote of 4 to 0:
(R3, S188 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON DECEMBER 3, 2002, BY THE STUDENTS OF A. R. LEWIS ELEMENTARY SCHOOL IN PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BREAK IN A WATER MAIN 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 27, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.1, S. 129 by a vote of 7 to 0:
(R1, S129 (Word version)) -- Senator Hayes: AN ACT TO AMEND ACT 192 OF 1995, RELATING TO THE CREATION OF THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY, SO AS TO INCREASE THE COMMISSION FROM SEVEN TO EIGHT AND TO PROVIDE FOR THE APPOINTMENT AND ELECTION OF THE CHAIRMAN.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 27, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 310 (Word version) -- Senator Alexander: A BILL TO PROVIDE THAT THE BOND OF THE SUPERINTENDENT OF EDUCATION FOR OCONEE COUNTY AND THE OCONEE COUNTY SCHOOL DISTRICT SUPERINTENDENT OF EDUCATION SHALL BE A MINIMUM OF ONE HUNDRED THOUSAND DOLLARS RATHER THAN TEN THOUSAND DOLLARS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 27, 2003
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3589 (Word version) -- Rep. Cooper: A JOINT RESOLUTION TO PROVIDE THAT NEW APPLICATIONS MAY BE ACCEPTED UNDER THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM FOR A SPECIFIED PERIOD OF TIME UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House
Received as information.
S. 167 (Word version) -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1707 SO AS TO PROVIDE FOR LIMITS ON CERTAIN SHARKS; AND TO AMEND SECTION 50-5-2725, AS AMENDED, RELATING TO SHARK CATCH LIMITS, SO AS TO MAKE TECHNICAL CHANGES.
The House returned the Bill with amendments.
On motion of Senator GREGORY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 398 (Word version) -- Senator Mescher: A SENATE RESOLUTION TO COMMEND CAPTAIN WILLIAM S. McDANIEL OF DILLON COUNTY FOR HIS COMMITMENT AND DEDICATION TO HIS STATE AND NATION AND FOR HIS DISTINGUISHED SERVICE AS A COMPANY COMMANDER FOR THE A/1-263 ARMOR COMPANY FROM JANUARY 1, 2001, THROUGH FEBRUARY 20, 2003, AND TO WISH HIM CONTINUED SUCCESS DURING HIS MILITARY CAREER.
Returned with concurrence.
Received as information.
S. 435 (Word version) -- Senators Knotts, Alexander, Anderson, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Setzler, Short, J. Verne Smith, Thomas, Verdin and Waldrep: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DENNIS LANIER OF LEXINGTON FOR HIS GENEROUS CONTRIBUTION TO BOTH LEXINGTON COUNTY AND THIS STATE IN AIDING IN THE LIFESAVING EFFORTS OF EMERGENCY MEDICAL PERSONNEL BY CONSTRUCTING A HELICOPTER LANDING ZONE ON HIS PRIVATE PROPERTY TO PROVIDE A SAFE FACILITY IN WHICH TO GIVE MEDICAL TREATMENT IN CRISIS SITUATIONS.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J.E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W.D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Witherspoon, Bales, Lloyd, McCraw, Tripp, Walker, Limehouse, Hagood, Toole, Hinson, Loftis, Weeks, Clemmons, Owens and McLeod: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 143 (Word version) -- Senator Knotts: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, AND USE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OPERATING A MOTOR VEHICLE TO KNOWINGLY AND WILFULLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING HIS IDENTITY.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 3436 (Word version) -- Reps. Young, Chellis, Bailey and Harrell: A BILL TO ESTABLISH THE DORCHESTER COUNTY BOARD OF ELECTIONS AND REGISTRATION AND PROVIDE FOR ITS MEMBERSHIP AND GOVERNANCE, AND TO ABOLISH THE DORCHESTER COUNTY ELECTION COMMISSION AND THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS POWERS AND DUTIES IN THE BOARD ESTABLISHED BY THIS ACT.
H. 3624 (Word version) -- Reps. Walker, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A CONCURRENT RESOLUTION TO RECOGNIZE SPARTANBURG COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 12, 2003, AS "SPARTANBURG COUNTY DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 85 (Word version) -- Senators Hayes, Ravenel, Reese and Courson: A BILL TO AMEND SECTION 8-13-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE WITHIN THEM THE POWER TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH THE DISCLOSURE REQUIREMENTS AND NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS TO SATISFY THE REQUIREMENTS OF CHAPTER 13 OF TITLE 8 AND TO RECEIVE COMPLAINTS FILED BY INDIVIDUALS AND TO FILE COMPLAINTS WHEN ALLEGED VIOLATIONS ARE IDENTIFIED.
Senator HAYES explained the Bill.
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator PATTERSON argued contra to the Bill.
At 1:20 P.M., Senator McCONNELL assumed the Chair.
Senator PATTERSON continued arguing contra to the Bill.
Senator PATTERSON moved to continue the Bill.
At 1:21 P.M., Senator BRANTON made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator BRANTON moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Courson Drummond Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney Ravenel Richardson Ritchie Ryberg Setzler Short Thomas Waldrep
A quorum being present, the Senate resumed.
The question then was the motion to continue the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Ford Glover Jackson Land Leventis Malloy Matthews McGill Patterson Pinckney Short
Alexander Branton Courson Drummond Fair Giese Gregory Grooms Hawkins Hayes Kuhn Leatherman Martin McConnell Mescher Moore O'Dell Peeler Ravenel Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin * Waldrep
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The Senate refused to continue the Bill.
On motion of Senator MARTIN, debate was interrupted by the recess.
At 1:29 P.M., on motion of Senator MARTIN, the Senate receded from business until 2:30 P.M.
The Senate reassembled at 2:35 P.M. and was called to order by the PRESIDENT.
Senator ALEXANDER moved that the Senate stand in recess pending the presence of a quorum.
Senator MOORE objected.
At 2:37 P.M., Senator MOORE made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Branton Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Ravenel Reese Richardson Ritchie Ryberg Setzler Short Smith, J. Verne Thomas Verdin Waldrep
A quorum being present, the Senate resumed.
H. 3448 (Word version) -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
The Senate resumed consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.
Senator LAND argued contra to the Bill.
Senator LEVENTIS argued contra to the Bill.
At 4:31 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 4:36 P.M., the Senate resumed.
Senators KNOTTS and LAND proposed the following Amendment P-1 (3281DW03), which was adopted:
Amend the committee report, as and if amended, by striking the report in its entirety and inserting:
Amend the bill, as and if amended, Section 41-1-110, page 2, by striking line 10 and inserting:
/rights of public employees including applicable grievance procedures./
Amend further, Section 41-1-110, SECTION 1, page 2, beginning on line 11, by deleting item (6) in its entirety and inserting:
/ (6) (a) For purposes of this section, public policy includes, but is not limited to, the constitutional and statutory rights or obligations of any employee and the right of any employee to refuse to perform or participate in the performance of any illegal, immoral, or unethical act.
(b) Nothing in this section shall be construed to allow an employer to terminate an employee in violation of public policy./
Renumber sections to conform.
Amend title to conform.
Senator KNOTTS explained the amendment.
Senator LAND moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Pinckney* Rankin* Ravenel Reese Richardson Ritchie Ryberg Setzler Short* Smith, J. Verne Thomas Verdin Waldrep
The amendment was adopted.
These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Senators McCONNELL, COURSON, SETZLER, LEATHERMAN, LAND, MOORE, GIESE, KNOTTS, DRUMMOND and ELLIOTT proposed the following Amendment No. P-2A (3448R004.GFM), which was adopted:
Amend the committee report, page [3448-1], as and if amended, by striking it in its entirety and inserting:
Amend the bill, as and if amended, Section 41-1-110, SECTION 1, beginning on page 1, by deleting items (4), (5) and (6) in their entirety and inserting:
/ (4) For contracts created after the effective date of this section, an employee and an employer may enter into a contract of employment to which item (2) does not apply only if:
(a) the contract is in writing;
(b) the contract is signed by the employee and an authorized agent of the employer; and
(c) the contract expressly provides that the parties intend to alter their at-will employment relationship.
(5) This section applies to both public and private employment. However, nothing in this section shall be construed to affect any rights as defined by a collective bargaining agreement or the constitutional and statutory rights of public employees. These rights may include applicable grievance procedures or a plan for the hearing and resolution of employee grievances adopted by a municipality or a county under Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.
(6)(a) For purposes of this section, public policy includes, but is not limited to, the constitutional and statutory rights or obligations of any employee and the right of any employee to refuse to perform or participate in the performance of any illegal, immoral, or unethical act.
(b) Nothing in this section shall be construed to allow an employer to terminate an employee in violation of public policy."/
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
The Committee on Labor, Commerce and Industry proposed the following amendment (H-3448 AMENDMENT1), which was adopted:
Amend the bill, as and if amended, Section 41-1-110, page 2, by striking line 10 and inserting:
/rights of public employees including applicable grievance procedures./
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senators J. VERNE SMITH, McCONNELL, O'DELL, HAYES, MARTIN, COURSON and ALEXANDER proposed the following Amendment No. 1 (H-3448 AMENDMENT2), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 12-14 and inserting:
/ employer to terminate an employee in violation of public policy.
(7) Nothing in this section shall be construed to affect the rights and policies regarding tenure for public and private college and university faculty."
SECTION 2. If a provision of this section or the application of a provision of this section to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.
SECTION 3. This act takes effect upon approval by the Governor. / Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 2 (3448-2), which was tabled:
Amend the bill, as and if amended, page one by striking line 32 and inserting:
/items (3) and (4). If an employee or an employer terminates an /
Amend the bill further, as and if amended, page 1, by striking lines 38 through 42 and inserting:
/ (3) Item (2) does not apply when a handbook, policy, procedure, or other document issued by an employer or its agent forms an express or implied contract of employment. /
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator MARTIN argued contra to the adoption of the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Courson Drummond Elliott Fair Giese Gregory Grooms Hawkins Hayes Knotts Kuhn Leatherman Malloy Martin McConnell Mescher Moore O'Dell Peeler Ravenel Reese Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep
Anderson Ford Glover Holland Jackson Land Leventis Matthews McGill Patterson
The amendment was laid on the table.
Senator PATTERSON proposed the following Amendment No. 11 (3448-1-PATTERSON), which was adopted:
Amend the bill, as and if amended, page 2, after line 12 by adding an appropriately numbered subsection to read:
/ ( ) Nothing in this section shall affect the rights of employees of any school or school district who are not already covered by grievance procedures adopted and implemented by the district board of trustees, those rights being published by that district in an employee handbook./
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The following amendment conforms all adopted amendments to H. 3448 (3448R001.MRH):
Amend the bill as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 41 of the 1976 Code is amended by adding:
"Section 41-1-110. It is the public policy of this State that:
(1) The employment-at-will doctrine applies to the relationship between an employee and an employer.
(2) As used in this chapter, the term 'employment-at-will doctrine' is specifically defined as the right of an employee or an employer to terminate the employment relationship with or without notice to the other and with or without cause, except as provided in item (4). If an employee or an employer terminates an employment relationship under the employment-at-will doctrine, then neither party will be liable to the other for any claim for wrongful termination based on breach of contract, breach of the implied covenant of good faith and fair dealing, or any other claim in which an express or implied contract is alleged.
(3) No handbook, policy, procedure, or other document issued by an employer or its agent may form an express or implied contract of employment, except as described in item (4).
(4) For contracts created after the effective date of this section, an employee and an employer may enter into a contract of employment to which item (2) does not apply only if:
(a) the contract is in writing;
(b) the contract is signed by the employee and an authorized agent of the employer; and
(c) the contract expressly provides that the parties intend to alter their at-will employment relationship.
(5) This section applies to both public and private employment. However, nothing in this section shall be construed to affect any rights as defined by a collective bargaining agreement or the constitutional and statutory rights of public employees. These rights may include applicable grievance procedures or a plan for the hearing and resolution of employee grievances adopted by a municipality or a county under Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.
(6)(a) For purposes of this section, public policy includes, but is not limited to, the constitutional and statutory rights or obligations of any employee and the right of any employee to refuse to perform or participate in the performance of any illegal, immoral, or unethical act.
(b) Nothing in this section shall be construed to allow an employer to terminate an employee in violation of public policy.
(7) Nothing in this section shall be construed to affect the rights and policies regarding tenure for public and private college and university faculty.
(8) Nothing in this section shall affect the rights of employees of any school or school district who are not already covered by grievance procedures adopted and implemented by the district board of trustees, those rights being published by that district in an employee handbook."
SECTION 2. If a provision of this section or the application of a provision of this section to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
At 5:41 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed three minutes.
At 5:42 P.M., the Senate resumed.
The question then was the second reading of the Bill.
On motion of Senator MARTIN, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.
On motion of Senator MARTIN, with unanimous consent, the Senate agreed that the Bill was not to be taken up for consideration before Tuesday, March 11, 2003.
At 5:43 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.
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