South Carolina General Assembly
115th Session, 2003-2004
Journal of the Senate

Printed Page 2138 . . . . . Thursday, May 1, 2003

Thursday, May 1, 2003
(Statewide Session)

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, on this, The National Day of Prayer, hear St. Paul who wrote to the Corinthians words good for the ages, First Corinthians 13:8,13:

"Love never ends. But as for the prophesies, they will come to an end; as for tongues, they will cease; as for knowledge, it will come to an end... And now FAITH, HOPE AND LOVE ABIDE, THESE THREE: AND THE GREATEST OF THESE IS LOVE."
Let us pray.

Father, we have lost our friends in the world, failing to convince them that our real motives for war were that, under the circumstances, war was the only path to peace available at this time on our small planet!

You helped us win the war fast!

We are now responsible for securing peace in the world! We know we must start with a lot of FORGIVENESS all across the planet. Then love stands a chance!

We also know that we have not really won the war until we make brothers and sisters of our enemies!

Help us, Lord!
Amen!

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

Doctor of the Day

Senator PATTERSON introduced Dr. Beverly Simons of Columbia, S.C., Doctor of the Day.

Expression of Personal Interest

Senator RAVENEL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator FORD rose for an Expression of Personal Interest.

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Expression of Personal Interest

Senator COURSON rose for an Expression of Personal Interest.

Leave of Absence

On motion of Senator RICHARDSON, at 11:55 A.M., Senator RITCHIE was granted a leave of absence beginning at 12:00 Noon until Tuesday, May 6, 2003, at 11:00 A.M.

RECALLED

S. 675 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO RENAME CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary and order it placed on the Calendar for consideration.

There was no objection.

RECALLED AND ADOPTED

H. 4033 (Word version) -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO DESIGNATE AUGUST 9, 2003, AS THE FIRST ANNUAL NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND MAKE CITIZENS, POLICYMAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS TO THEIR WELL-BEING, AND TO REQUEST THAT OUR STATE JOIN HANDS WITH OTHER STATES AND THOUSANDS OF WATERFRONT COMMUNITIES ACROSS THE UNITED STATES IN CELEBRATING THIS DAY.

Senator MESCHER asked unanimous consent to make a motion to recall the Resolution from the General Committee.

There was no objection.

Printed Page 2140 . . . . . Thursday, May 1, 2003

Senator MESCHER asked unanimous consent to adopt the Concurrent Resolution and return the Resolution to the House.

There was no objection.

RECALLED AND ADOPTED

H. 4011 (Word version) -- Reps. J. Brown, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. 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, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 6-12, 2003, AS NURSES WEEK IN SOUTH CAROLINA AND TO COMMEND REGISTERED NURSING'S ACCOMPLISHMENTS AND EFFORTS TO IMPROVE OUR HEALTH CARE SYSTEM AND SHOW OUR APPRECIATION FOR THE STATE AND NATION'S REGISTERED NURSES NOT JUST DURING THIS WEEK, BUT AT EVERY OPPORTUNITY THROUGHOUT THE YEAR.

Senator PEELER asked unanimous consent to make a motion to recall the Resolution from the Medical Affairs Committee.

There was no objection.

Senator PEELER asked unanimous consent to adopt the Concurrent Resolution and return the Resolution to the House.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

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S. 677 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION CONGRATULATING THE MEMBERS OF THE TIMBERLAND HIGH SCHOOL "WOLVES" BASKETBALL TEAM ON THEIR CHAMPIONSHIP SEASON AS THEY WEAR THE 2002-2003 CLASS AAA STATE BASKETBALL CROWN, THE FIRST EVER STATE TITLE FOR THE BERKELEY COUNTY SCHOOL.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 678 (Word version) -- Senator Richardson: A BILL TO AMEND ACT 596 OF 1969, AS AMENDED, RELATING TO THE HILTON HEAD NO. 1 PUBLIC SERVICE DISTRICT IN BEAUFORT COUNTY, SO AS TO PROVIDE FOR THE ELECTION INSTEAD OF THE APPOINTMENT OF ITS COMMISSIONERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 679 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAYCE-WEST COLUMBIA LIONS CLUB ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY AND TO COMMEND ALL OF ITS MEMBERS, PAST AND PRESENT, FOR THEIR WONDERFUL CONTRIBUTIONS TO THEIR COMMUNITY, STATE, AND NATION.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 3291 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-90 SO AS TO REQUIRE REFERENDUMS ON THE QUESTION OF RAISING THE BONDED INDEBTEDNESS LIMITS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS TO BE HELD AT THE GENERAL ELECTION AND TO REQUIRE THE QUESTION TO BE CERTIFIED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE OF THE GENERAL ELECTION.

Read the first time and referred to the Committee on Judiciary.

H. 3586 (Word version) -- Reps. Clemmons, Harrison, Cato, W. D. Smith, Viers, Herbkersman, M. A. Pitts, Altman, Barfield, Battle, Bingham, Branham, Ceips, Clark, Duncan, M. Hines, Keegan, Lourie, Owens, Skelton, Toole, Trotter, Umphlett, Whitmire, Witherspoon, Young,

Printed Page 2142 . . . . . Thursday, May 1, 2003
Hagood, Mahaffey, D. C. Smith, Haskins, Allen, Cobb-Hunter, Richardson, Jennings, Hayes, Merrill, Hinson, Delleney, G. M. Smith, Koon, Taylor, Martin, Bailey, McGee, Hamilton, J. R. Smith, Rhoad, Anthony, Freeman, Scarborough, J. E. Smith, Loftis, Coates, Rivers, Ott, J. H. Neal, Dantzler, Moody-Lawrence, Huggins, Limehouse, Tripp, Edge, Quinn, Wilkins, Clyburn, Kirsh, Neilson, Davenport, Gilham, Thompson, McLeod and Leach: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 6, TITLE 44 SO AS TO CREATE THE INTERSTATE BULK PRESCRIPTION DRUG PROGRAM WITH NEIGHBORING STATES TO PROVIDE PRESCRIPTION DRUGS AT A REDUCED COST TO SENIOR AND DISABLED RESIDENTS WHO DO NOT HAVE PRESCRIPTION DRUG COVERAGE.

Read the first time and referred to the Committee on Medical Affairs.

H. 3769 (Word version) -- Reps. Stewart, Clark, Clyburn, Harrison, Perry, D. C. Smith and J. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-493 SO AS TO PROVIDE THAT A PERSON EMPLOYED AS A LAW ENFORCEMENT OFFICER WITH THE SAVANNAH RIVER SITE LAW ENFORCEMENT DEPARTMENT MAY ATTEND AND BE TRAINED AT THE DEPARTMENT OF PUBLIC SAFETY'S CRIMINAL JUSTICE ACADEMY DIVISION.

Read the first time and referred to the Committee on Judiciary.

H. 3919 (Word version) -- Reps. Kirsh and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-100 SO AS TO PROVIDE THAT A TAX CREDIT ADMINISTERED BY THE DEPARTMENT OF REVENUE IS USEABLE IN THE YEAR IT IS GENERATED AND IS NONREFUNDABLE; TO AMEND SECTION 12-2-20, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO

Printed Page 2143 . . . . . Thursday, May 1, 2003
IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-40, AS AMENDED, RELATING TO ADOPTION OF THE INTERNAL REVENUE CODE, SO AS TO ADOPT IT TO STATE LAW AS AMENDED THROUGH 2002; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S DUTY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE, TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ISSUE ADVISORY OPINIONS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO
Printed Page 2144 . . . . . Thursday, May 1, 2003
SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR COUNTY DESIGNATIONS TO BE EFFECTIVE FOR THE TAXABLE YEARS BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-6-3415, RELATING TO INCOME TAX CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO MAKE IT APPLICABLE ONLY FOR RESEARCH EXPENSES; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDIT, SO AS TO EXEMPT APPLICATION OF THE MAXIMUM AGGREGATE CREDIT FOR EMPLOYEES IN DISTRESSED COUNTIES; TO AMEND SECTION 12-6-3310, RELATING TO CREDITS AGAINST INCOME TAX, SO AS TO PROVIDE FOR PASS THROUGH OF A CREDIT TO A SHAREHOLDER, MEMBER, OR PARTNER OF AN "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED LIKE A PARTNERSHIP, AND PARTNERSHIP; TO AMEND SECTION 12-6-3365, RELATING TO CORPORATE INCOME TAX MORATORIUM FOR JOB CREATION, SO AS TO REVISE THE DATA USED FOR COMPUTING A COUNTY'S UNEMPLOYMENT RATE AND TO PROVIDE THAT THE DEPARTMENT NAME THE MORATORIUM COUNTIES, EFFECTIVE FOR THE TAXABLE YEAR BEGINNING THE FOLLOWING CALENDAR YEAR; TO AMEND SECTION 12-44-30, AS AMENDED, AND SECTION 4-12-30, AS AMENDED, BOTH RELATING TO THE DEFINITION OF "MINIMUM INVESTMENT" FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAX, BOTH SO AS TO PROVIDE FOR EFFECTIVENESS OF COUNTY DESIGNATIONS IN THE FOLLOWING CALENDAR YEAR, AND TO PROVIDE THAT THE DEPARTMENT DESIGNATE REDUCED INVESTMENT COUNTIES, EFFECTIVE FOR A SPONSOR WHOSE FEE AGREEMENT IS SIGNED IN THE CALENDAR YEAR FOLLOWING THE DESIGNATION; TO REPEAL SECTION 12-10-35, RELATING TO A MORATORIUM ON STATE CORPORATE INCOME TAXES; BY ADDING SECTION 12-6-535 SO AS TO PROVIDE THAT FOR PURPOSES OF INTERNAL REVENUE CODE SECTION 641(c), AN ELECTING SMALL BUSINESS TRUST IS TAXED AT THE HIGHEST RATE PROVIDED IN SECTION 12-6-510; TO AMEND SECTION 12-6-5020, RELATING TO ENTITIES AUTHORIZED TO FILE CONSOLIDATED
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CORPORATE INCOME TAX RETURNS, SO AS TO PROVIDE THAT A CORPORATION THAT HAS ELECTED TO BE TAXED UNDER SUBCHAPTER S OF THE INTERNAL REVENUE CODE MAY NOT JOIN IN THE FILING OF A CONSOLIDATED INCOME TAX RETURN; TO AMEND SECTION 12-21-1090, RELATING TO REGULATIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES, SO AS TO ALLOW THE DEPARTMENT TO PROMULGATE REGULATIONS AND ISSUE ADVISORY OPINIONS FOR THE PAYMENT AND COLLECTION OF CERTAIN TAXES; TO AMEND SECTION 12-35-40, RELATING TO MULTISTATE DISCUSSIONS OF SIMPLIFICATION REQUIREMENTS IN CONNECTION WITH THE SIMPLIFIED SALES AND USE TAX ADMINISTRATION ACT, SO AS TO PROVIDE THAT THE DELEGATION TO THE MULTISTATE DISCUSSION MEETINGS MAY BE REIMBURSED FOR LODGING, AIR FARE, AND OTHER BUSINESS EXPENSES; TO AMEND SECTION 12-36-2510, RELATING TO THE PROCEDURE FOR SEGREGATING SALES AND USE TAX WHEN IT IS IMPRACTICAL, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE CERTIFICATES ALLOWING A TAXPAYER TO PURCHASE TANGIBLE PERSONAL PROPERTY TAX FREE, TO PROVIDE THAT THE TAXPAYER BE LIABLE FOR ANY TAXES, AND TO PROVIDE A PROCEDURE FOR THE EFFICIENT ADMINISTRATION OF THIS PROCEDURE; TO AMEND SECTION 12-36-1310, AS AMENDED, RELATING TO THE IMPOSITION OF A STATE USE TAX ON CERTAIN TANGIBLE PERSONAL PROPERTY AND PROVIDING A CREDIT FOR TAXES PAID IN ANOTHER STATE, SO AS TO REQUIRE PROOF THAT THE SALES OR USE TAX WAS DUE AND PAID IN THE OTHER STATE AND TO DELETE A RECIPROCITY REQUIREMENT; TO AMEND SECTION 12-53-40, RELATING TO COSTS AND EXPENSES OF TAX SALES AND COLLECTIONS, SO AS TO INCLUDE THE COST OF FILING, ENROLLING, AND SATISFACTION OF A STATE TAX LIEN; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT IN THE CASE OF THE TRANSFER OF A MAJORITY OF THE ASSETS OF A BUSINESS OTHER THAN CASH, ANY TAX GENERATED BY THE BUSINESS WHICH WAS DUE ON OR BEFORE THE DATE OF THE TRANSFER CONSTITUTES A LIEN AGAINST THE ASSETS IN THE HANDS OF THE TRANSFEREE UNTIL THE TAXES ARE PAID, TO PROVIDE THAT FAIR MARKET VALUE MUST BE
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USED TO DETERMINE WHETHER A MAJORITY OF THE ASSETS HAVE BEEN TRANSFERRED, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS TO THE TRANSFEREE UNTIL ALL TAXES DUE TO THE STATE HAVE BEEN PAID AND MAY REVOKE A LICENSE ISSUED TO A BUSINESS THAT VIOLATES THIS PROVISION; TO AMEND SECTION 12-54-25, RELATING TO INTEREST THAT MUST BE PAID ON ANY TAX THAT IS NOT PAID WHEN DUE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE DISCLOSURE OF CERTAIN RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO INCLUDE AS AN EXCEPTION TO THE PROHIBITION OF DISCLOSURE INFORMATION PURSUANT TO A SUBPOENA ISSUED BY A FEDERAL OR THE STATE GRAND JURY; TO AMEND ARTICLE 1, CHAPTER 60 OF TITLE 12, RELATING TO SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH DISPUTES OR CLAIMS WITH THE DEPARTMENT OF REVENUE ARE DETERMINED AND RESOLVED; TO AMEND ARTICLE 5, CHAPTER 60 OF TITLE 12, RELATING TO STATE REVENUE APPEALS PROCEDURES, SO AS TO REVISE THESE APPEAL PROCEDURES; TO AMEND SECTION 12-60-2110, RELATING TO PROPERTY TAX ASSESSMENT PROTESTS, SO AS TO REVISE THE TIME FOR FILING THESE PROTESTS; TO AMEND SECTION 12-60-2510, AS AMENDED, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO CLARIFY CERTAIN REFERENCES IN THE SECTION; TO AMEND SECTION 12-60-2910, RELATING TO OBJECTIONS TO PERSONAL PROPERTY TAX ASSESSMENTS, SO AS TO REVISE THE TIME WITHIN WHICH A TAXPAYER MUST OBJECT TO THE ASSESSMENT; TO AMEND ARTICLE 13, CHAPTER 60 OF TITLE 12, RELATING TO PROCEDURES AND CONTESTED REVENUE CASES, SO AS TO REVISE THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND DEPARTMENT HEARING OFFICERS; TO AMEND SECTION 30-2-30, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO PROVIDE THAT PERSONAL INFORMATION DOES NOT MEAN INFORMATION
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ABOUT THE NAMES AND ADDRESSES FROM REGISTRATION DOCUMENTS FILED WITH THE DEPARTMENT OF REVENUE AS A BUSINESS ADDRESS WHICH ALSO MAY BE A PERSONAL ADDRESS; AND TO REPEAL SECTION 6-4-30 RELATING TO THE DUTIES OF THE DEPARTMENT OF REVENUE IN CONNECTION WITH THE ACCOMMODATIONS TAX.

Read the first time and referred to the Committee on Finance.

H. 4008 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 9-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY ESTABLISH SERVICE CREDIT FOR SUCH SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REVISE THE DEFINITION OF "EARNED SERVICE"; TO AMEND SECTION 9-11-40, AS AMENDED, RELATING TO APPLICATIONS TO BECOME A MEMBER OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR WHAT CONSTITUTES "EARNED SERVICE" AND "EARNABLE COMPENSATION" FOR PURPOSES OF BENEFIT ELIGIBILITY; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE OF MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO FURTHER PROVIDE HOW AN ACTIVE MEMBER MAY ESTABLISH SERVICE CREDIT FOR SERVICE UNDER OTHER SPECIFIED RETIREMENT PROGRAMS; TO AMEND SECTION 9-20-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO REVISE OR ADD DEFINITIONS; TO AMEND SECTION 9-20-40, AS AMENDED, RELATING TO PARTICIPATION IN AND ELECTION OF RETIREMENT SYSTEMS IN WHICH TO

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PARTICIPATE AND THE CHANGING OF SYSTEMS, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS FOR PARTICIPATION IN THE STATE OPTIONAL RETIREMENT PROGRAM AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A MEMBER WHO PARTICIPATED IN THE STATE OPTIONAL RETIREMENT PROGRAM OR CERTAIN OTHER TEACHER OR HIGHER EDUCATION RETIREMENT PROGRAMS MAY PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM OR PARTICIPATE CONCURRENTLY IN SUCH SYSTEMS; AND TO AMEND SECTION 9-20-60, AS AMENDED, RELATING TO GROUP LIFE INSURANCE BENEFITS UNDER THE STATE OPTIONAL RETIREMENT PROGRAM, SO AS TO DELETE RESTRICTIONS ON PAYING RETIREMENT BENEFITS FOR SERVICE IN CERTAIN OTHER RETIREMENT PROGRAMS.

Read the first time and referred to the Committee on Finance.

H. 4112 (Word version) -- Rep. Anthony: A CONCURRENT RESOLUTION TO CONGRATULATE UNION COUNTY AND THE CAST, CREW, AND SUPPORTERS OF "TURN THE WASHPOT DOWN", SOUTH CAROLINA'S FIRST EVER FOLK LIFE PLAY, WHICH WAS PRESENTED IN UNION COUNTY LAST SUMMER, AND TO EXTEND BEST WISHES FOR A SIMILAR SUCCESS OF "WHAT GOES AROUND", A SECOND FULL-LENGTH PLAY TO BE PRESENTED IN JUNE.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4113 (Word version) -- Reps. Townsend, Clark, Gilham, J. Hines, Lloyd, Lourie, Martin, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Owens, Pinson, Skelton, D. C. Smith, Stille, Walker, Whitmire and Wilkins: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MAY 2003 AS "SOUTH CAROLINA HIGHWAY SAFETY MONTH".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4114 (Word version) -- Rep. Moody-Lawrence: A CONCURRENT RESOLUTION TO ENCOURAGE AND PROMOTE GREATER INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES

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AND TO DECLARE JUNE 9-15, 2003, AS "FATHERHOOD WEEK" IN SOUTH CAROLINA.

The Concurrent Resolution was introduced and referred to the General Committee.

H. 4128 (Word version) -- Reps. Martin, Ceips, Cobb-Hunter, Gilham, Haskins, Hinson, Miller, Moody-Lawrence, Neilson, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND THE WOMEN WHO PROUDLY SERVE IN THE UNITED STATES ARMED FORCES FOR THEIR COURAGE, COMMITMENT, AND BRAVERY AS THEY DEFEND THE UNITED STATES IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM, AND TO RECOGNIZE THESE HEROINES FOR THEIR SERVICE AT THE MANY MILITARY INSTALLATIONS AROUND THE WORLD.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4129 (Word version) -- Reps. Martin, Miller, Neilson, Ceips, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Moody-Lawrence, Parks, G. M. Smith and Young: A CONCURRENT RESOLUTION TO COMMEND CAPTAIN KIM "KILLER CHICK" CAMPBELL, UNITED STATES AIR FORCE, FOR HER TREMENDOUS COURAGE, TENACITY, AND BRAVERY DISPLAYED OVER BAGHDAD, IRAQ, WHEN HER A-10 "WARTHOG" WAS HIT AND SEVERELY DAMAGED BY IRAQI GROUND AND ANTI-AIRCRAFT FIRE, TO CONGRATULATE HER ON SUCCESSFULLY COMPLETING HER MISSION OF PROVIDING CLOSE AIR SUPPORT FOR GROUND TROOPS THEN ENGAGED WITH ENEMY IRREGULAR AND IRAQI FORCES AND RETURNING HER CRIPPLED A-10 "WARTHOG" TO BASE AND A SAFE LANDING AFTER HER HYDRAULIC CONTROLS WERE SHOT AWAY, AND TO WISH HER EVERY SUCCESS IN HER MILITARY CAREER AND IN ALL OF HER FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEES

Senator RYBERG from the Committee on Transportation polled out S. 512 favorable:

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S. 512 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO PROVIDE A DEFINITION FOR THE PHRASE "RESIDENT OF SOUTH CAROLINA".

Poll of the Transportation Committee
Polled 17; Ayes 16; Nays 0; Not Voting 1

AYES

Ryberg                    Leatherman                McGill
Rankin                    Richardson                Ritchie
Drummond                  Malloy                    Land
Leventis                  Elliott                   Grooms
Hawkins                   Verdin                    Ravenel
Kuhn

TOTAL--16

NAYS

TOTAL--0

NOT VOTING

Pinckney

TOTAL--1

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 30, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3233 (Word version) -- Reps. Talley, Altman, Walker and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-704 SO AS TO DESIGNATE GOLDENROD THE OFFICIAL STATE WILDFLOWER.

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and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., April 30, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3613 (Word version) -- Reps. Duncan, Coates, M.A. Pitts and Witherspoon: A BILL TO AMEND SECTION 50-11-1050, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO FURTHER PROVIDE THAT A PERMIT ISSUED FOR THE REMOVAL OF DESTRUCTIVE BEAVERS IS VALID FOR A PERIOD OF SIX MONTHS FROM THE DATE OF ISSUE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 1, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3722 (Word version) -- Reps. Jennings, Bales and Limehouse: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS OR VIDEOS OF AND INCIDENTAL TO THE PERFORMANCE OF AN AUTOPSY AND THE PENALTY FOR VIOLATING THIS PROVISION, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES IN WHICH PHOTOGRAPHS, VISUAL IMAGES, VIDEOS, AND AUDIO RECORDINGS OF OR RELATED TO AN AUTOPSY MAY BE VIEWED, OR DISSEMINATED AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS THAT ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF

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INFORMATION ACT, SO AS TO REVISE CIRCUMSTANCES IN WHICH PHOTOGRAPHS AND VIDEOS OF AND RELATED TO THE PERFORMANCE OF AN AUTOPSY MAY BE VIEWED, AND TO PROVIDE THE CIRCUMSTANCES IN WHICH CERTAIN VISUAL IMAGES AND AUDIO RECORDINGS OF AN AUTOPSY MAY BE VIEWED AND USED.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.

Message from the House

Columbia, S.C., May 1, 2003

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3303 (Word version) -- Reps. Duncan, M.A. Pitts, Ceips, Herbkersman, Pinson, Taylor, Umphlett, Viers and Witherspoon: A BILL TO AMEND SECTION 50-11-310(E) OF THE 1976 CODE, RELATING TO AREAS OF THE STATE WHERE IT IS NOT UNLAWFUL TO HUNT DEER ON SUNDAY, TO PROVIDE THAT IT IS NOT UNLAWFUL IN THIS STATE TO HUNT DEER ON SUNDAY ON PRIVATE LAND.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

NONCONCURRENCE

H. 3206 (Word version) -- Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, Mahaffey, G.M. Smith, J.E. Smith, Sandifer, Bingham, Young, Toole, Keegan, Clemmons, Littlejohn, Viers, Kirsh, Thompson, Hinson, McLeod, Owens and Edge: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 2, CHAPTER 17 OF THE 1976 CODE, AS AMENDED, RELATING TO LOBBYISTS AND LOBBYING, AND TO AMEND VARIOUS SECTIONS OF TITLE 8, CHAPTER 13 OF THE 1976 CODE, AS

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AMENDED, RELATING TO THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT. (ABBREVIATED TITLE)

The House returned the Bill with amendments.

On motion of Senator McCONNELL, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

NONCONCURRENCE

H. 3361 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.

The House returned the Bill with amendments.

On motion of Senator WALDREP, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 674 (Word version) -- Senator Ryberg: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 11-17, 2003, AS "TRANSPORTATION WEEK IN SOUTH CAROLINA" AND TO RAISE AWARENESS ABOUT THE IMPORTANCE OF A SAFE AND EFFICIENT HIGHWAY TRANSPORTATION SYSTEM.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

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

S. 560 (Word version) -- Senators Leatherman, Ritchie, Knotts, Grooms, Verdin, Giese, Branton, Mescher, McConnell, McGill, J. Verne Smith, Alexander, Martin, Short, Moore, Ravenel, O'Dell, Drummond, Hayes and Setzler: A BILL TO ENACT THE SOUTH CAROLINA LIFE SCIENCES ACT, BY DEFINING A LIFE SCIENCES FACILITY

Printed Page 2154 . . . . . Thursday, May 1, 2003
AND PROVIDING THAT A LIFE SCIENCES FACILITY PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH ANNUAL CASH COMPENSATION AT LEAST ONE HUNDRED FIFTY PERCENT OF AVERAGE PER CAPITA INCOME IN THIS STATE IS ELIGIBLE FOR EMPLOYEE RELOCATION EXPENSE REIMBURSEMENT AND THE WAIVER ALLOWED ON THE LIMIT FOR JOB DEVELOPMENT CREDITS FOR PURPOSES OF THE ENTERPRISE ZONE ACT OF 1995, TO ALLOW A TAXPAYER OPERATING A LIFE SCIENCES FACILITY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF REVENUE NOT TO EXCEED FIFTEEN YEARS DURATION FOR ALLOCATION AND APPORTIONMENT FOR PURPOSES OF CORPORATE INCOME TAX, TO AMEND SECTION 12-37-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPRECIATION ALLOWANCE FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE THE ANNUAL DEPRECIATION ALLOWANCE FOR USE OF CLEAN ROOMS FROM TEN TO FIFTEEN PERCENT AND TO PROVIDE A TWENTY PERCENT ANNUAL DEPRECIATION ALLOWANCE FOR MACHINERY AND EQUIPMENT USED FOR MANUFACTURING IN A LIFE SCIENCES FACILITY AND TO DEFINE "LIFE SCIENCES FACILITY", TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO REVISE ITS FINDINGS, DEFINITIONS, AND NOTICE REQUIREMENTS TO ALLOW SUCH BONDS TO BE USED FOR INFRASTRUCTURE FOR A LIFE SCIENCES FACILITY IN A PROJECT IN WHICH IS INVESTED AT LEAST ONE HUNDRED MILLION DOLLARS AND AT WHICH AT LEAST TWO HUNDRED NEW JOBS ARE CREATED WITH AN ANNUAL CASH COMPENSATION AT LEAST TWICE PER CAPITA INCOME IN THE STATE AND PROVIDE THAT, WHILE INFRASTRUCTURE PROVIDED BY THESE BONDS MUST RELATE SPECIFICALLY TO THE PROJECT SUCH INFRASTRUCTURE IS NOT REQUIRED TO BE LOCATED AT THE PROJECT AND TO AMEND SECTION 11-41-120, RELATING TO FORMALITIES IN THE ISSUING OF THESE BONDS, SO AS TO REVISE THESE REQUIREMENTS.

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S. 433 (Word version) -- Senators McConnell and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO ENACT THE SOUTH CAROLINA NOTICE AND OPPORTUNITY TO CURE DWELLING CONSTRUCTION DEFECTS ACT TO ESTABLISH PROCEDURES FOR A HOMEOWNER OR PURCHASER TO ASSERT A CLAIM AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR A CONSTRUCTION DEFECT IN A RESIDENTIAL DWELLING, TO REQUIRE A CLAIMANT TO COMPLY WITH THESE PROCEDURES BEFORE COMMENCING LITIGATION FOR A CONSTRUCTION DEFECT, AND TO PROHIBIT A PERSON FROM PROVIDING ANYTHING OF MONETARY VALUE TO A PROPERTY MANAGER OR A MEMBER OR OFFICER OF AN EXECUTIVE BOARD OF A HOMEOWNER'S ASSOCIATION TO INDUCE THE INDIVIDUAL TO ENCOURAGE OR DISCOURAGE THE ASSOCIATION TO FILE A CLAIM FOR CONSTRUCTION DEFECTS AND TO PROVIDE PENALTIES FOR SUCH VIOLATION.

Senator RITCHIE explained the Bill.

S. 424 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-235 SO AS TO PROVIDE THAT AGENCIES WHICH EMPLOY LAW ENFORCEMENT OFFICERS TO ENFORCE THE TRAFFIC LAWS OF THIS STATE MUST COLLECT AND MAINTAIN CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT INCLUDING, BUT NOT LIMITED TO, THE RACE OR ETHNICITY OF THE DRIVER STOPPED; AND TO REPEAL SECTION 23-1-235 RELATING TO THE COLLECTION AND MAINTENANCE OF CERTAIN DATA RELATING TO VEHICLE TRAFFIC ENFORCEMENT BY LAW ENFORCEMENT OFFICERS.

CARRIED OVER

S. 626 (Word version) -- Senators Fair, Ryberg and Thomas: A JOINT RESOLUTION TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO

Printed Page 2156 . . . . . Thursday, May 1, 2003
PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.

On motion of Senator MOORE, the Joint Resolution was carried over.

S. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.

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

H. 3598 (Word version) -- Reps. Richardson, Bailey, Bowers, Clark, Clyburn, Edge, Hamilton, Herbkersman, Hosey, Kirsh, Limehouse, Mahaffey, Neilson, Owens, Quinn, Rivers, Sandifer, Simrill, Snow, Vaughn and Whipper: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO PROVIDE THAT READING GLASSES ARE EXEMPT ITEMS DURING THE AUGUST SALES TAX HOLIDAY.

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

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 449 (Word version) -- Senator Leatherman: A BILL TO AMEND CHAPTER 9, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO UPDATE REFERENCES TO NATIONALLY RECOGNIZED BUILDING CODE ORGANIZATIONS AND MODIFY THE PROCEDURE BY WHICH BUILDING CODES ARE ADOPTED.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator HUTTO proposed the following amendment (PT\1553SD03), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered which shall read:

/ SECTION   ___.   Notwithstanding any other provision of law, a 501(c)(3) eleemosynary organization may construct a residential home

Printed Page 2157 . . . . . Thursday, May 1, 2003
with volunteer labor without the presence of a qualifier if the home without consideration is to be transferred to or made available for the use of an underprivileged or low-income family or individual. 'Qualifier' for purposes of this provision means a builder or specialty contractor licensed to perform the particular work being done on the site. The cost of the building permit must be borne by the 501(c)(3) organization. /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3749, THE GENERAL APPROPRIATION BILL.

CARRIED OVER

H. 3749 -- GENERAL APPROPRIATION BILL

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

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

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

AMENDMENT PROPOSED, DEBATE INTERRUPTED

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

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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 third reading of the Bill.

Senator MARTIN spoke on the Bill.

Amendment No. P-2A

Senators MARTIN, J. VERNE SMITH, O'DELL proposed the following Amendment No. P-2A (DKA\3469DW03):

Amend the amendment to the bill, as and if amended, bearing document number l:\s-resmin-amend\3448-3.doc, by striking the amendment in its entirety and inserting:
/   Amend the bill, as and if amended, by striking all after the enacting clause 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 dated;

(c)   the contract is signed by the employee and either the owner, president, chief administrative officer, manager, or employee who has actual or apparent authority to bind the employer. However, an owner,

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president, or chief administrative officer may revoke a contract signed by a manager or employee with apparent authority within fourteen calendar days of actual knowledge of the execution of the contract unless there was fraud by the manager or employee with apparent authority; and

(d)   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 pursuant to Section 8-17-120 or an employee grievance procedure adopted by a state agency pursuant to the provisions of Section 8-17-330.

(6)   Nothing in this section shall be construed to allow an employer to terminate an employee for refusing to perform or participate in the performance of any illegal act. As used in this section, 'employee' means any individual employed by a private or public entity or an elected official.

(7)   Nothing in this section shall permit an employer to terminate an employee for exercising any existing statutory right guaranteed by South Carolina law. However, if a statute contains a remedial provision, an employee must follow that remedial provision as the employee's exclusive remedy. This section does not give rise to an independent cause of action under this section.

(8)   Nothing in this section shall be construed to affect the rights and policies regarding tenure for public and private college and university faculty.

(9)   Nothing in this section shall affect the operation of a grievance procedure adopted by an employer and promulgated in an employee handbook. As used herein, a grievance procedure is a formal written process through which an employee may request internal review of an adverse employment decision.

(10)   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.

(11)   Nothing in this section shall affect the rights of an employee under the provisions of Chapter 10, Title 41."

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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.

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

MOTION ADOPTED

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned in memory of Murrel W. Patterson of Warrenville, S.C.

Time Fixed

Senator McCONNELL moved that, when the Senate adjourns on Friday, May 2, 2003, it stand adjourned to meet next Tuesday, May 6, 2003, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 12:17 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow 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.

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