Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 1210 . . . . . Thursday, March 21, 1996
SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Senator J. VERNE SMITH explained the Bill.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS

Printed Page 1211 . . . . . Thursday, March 21, 1996
TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO

Printed Page 1212 . . . . . Thursday, March 21, 1996
PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

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 (JUD0921.002), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 36, in Section 1-23-120, as contained in SECTION 1, by striking subsection (I) in its entirety and inserting therein the following:

/(I) Each state agency which promulgates regulations or to which the responsibility for administering regulations has been transferred shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (G) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies (1) those regulations for which the agency intends to begin the process of repeal in accordance with this chapter, (2) those regulations for which the agency intends to begin the process of amendment in accordance with this chapter, and (3) those regulations which do not require repeal or amendment. Nothing contained herein shall be construed to prevent an agency from repealing or amending a regulation in accordance with this chapter before or after it is so identified in the report to the Code Commissioner."/

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 with notice of general amendments.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1041 -- Senators Gregory, Ryberg, Courson, Wilson, Martin, Greg Smith and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS

Printed Page 1213 . . . . . Thursday, March 21, 1996
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 (JUD1041.003), 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 separation from the employer and of which the employee, upon written request, shall be given a copy.

(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

Printed Page 1214 . . . . . Thursday, March 21, 1996
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.

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

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY,

Printed Page 1215 . . . . . Thursday, March 21, 1996
SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

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 (JUD1054.002), which was adopted:

Amend the bill, as and if amended, beginning on page 1, line 8, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. Section 6-23-60 of the 1976 Code is amended to read:

"Section 6-23-60. (A) Prior to the proposed acquisition of a project for the generation or transmission of electric power and energy by a joint agency, a petition shall must be filed with the Public Service Commission setting forth such the material as deemed necessary to permit the Public Service Commission to make the determination required by this section. Notice of the filing of such the petition shall must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State. A hearing on such the petition shall is to be conducted as provided by law.

Printed Page 1216 . . . . . Thursday, March 21, 1996
(B) The Public Service Commission shall be is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consists of an electric generating plant or plants and associated facilities or electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or for facilities for transformation of electric power and energy. However, any project not required to be approved by the Public Service Commission must be approved by the joint agency's governing body. In addition, a joint agency may acquire without commission approval a project that is wholly contained within the corporate limits of a municipality when the joint agency has the consent of the municipality's governing body. The commission shall include in its assessment of the public convenience and necessity served by a project an analysis of the benefit to the joint agency. In determining whether or not it is mutually beneficial to the joint agency and an electric supplier serving the county or counties within which any member municipalities are located, the Public Service Commission shall must take into consideration, but shall is not be limited to, the following:

(i)(1) the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;

(ii)(2) the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;

(iii)(3) the estimated useful life of such the project;

(iv)(4) the estimated time necessary for the planning, development, acquisition, or construction of such the project and the length of time required in advance to obtain, acquire, or construct additional power supplies;

(v)(5) the reliability and availability of existing or alternative power supply sources and the costs of such the existing or alternative power supply sources; and

(vi)(6) the load forecast of capacity of a project and the utilization of such the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project.

(C) Any party in interest may appeal the commission's action pursuant to Sections 58-27-2310 to 58-27-2340 of the 1976 Code."/

Printed Page 1217 . . . . . Thursday, March 21, 1996
Amend the bill further, as and if amended, beginning on page 3, line 38, by striking SECTION 4 in its entirety and inserting therein the following:

/SECTION 4. Section 6-23-90(p) of the 1976 Code is amended to read:

"(p) To negotiate and enter into contracts for the purchase, exchange, interchange, wheeling, pooling, or transmission, of electric power and energy with any municipality, any joint agency of any other state owning electric, transmission or distribution facilities, or with any political subdivision or agencies of any other state, any electric cooperative, any public or private electric utility, or any state, federal or municipal agency which owns electric generation, transmission or distribution facilities in this State or any other state marketing, sale, or use, for resale only, of electric power and energy with any electric supplier within the State, or with any person, firm, or corporation, public or private, outside this State;"/

Amend the bill further, as and if amended, page 4, line 13, in Section 6-23-90(q), as contained in SECTION 5, by striking line 13 in its entirety and inserting therein the following:

/(q) to negotiate and enter into contracts for the sale or use of/

Amend the bill further, as and if amended, page 4, beginning on line 24, in Section 6-23-90(q), as contained in SECTION 5, by striking lines 24 and 25 and inserting therein the following:

/for resale only, of electric power and energy, with any electric supplier within the State, or with any person, firm, or corporation, public or private, outside/

Amend the bill further, as and if amended, page 5, by striking SECTIONS 7 and 8 in their entirety and inserting therein the following:

/SECTION 7. Section 6-23-20(e) of the 1976 Code is amended to read:

"(e) "electric supplier" shall mean means any electric utility regulated by the Public Service Commission, electric cooperative, or municipal electric system authorized to do business within the State or the Public Service Authority and owning and operating nuclear electric generating facilities."

SECTION 8. Section 6-23-20(h) of the 1976 Code is amended to read:

"(h) `Project' shall mean means any system or facilities for the generation, transmission and transformation, not distribution or any of them, of electric power and energy by any means whatsoever including, but not limited to, any one or more electric generating units situated at a

Printed Page 1218 . . . . . Thursday, March 21, 1996
particular site or any interest in any of the foregoing or any right to the output, capacity, use or services thereof."

SECTION 9. Chapter 23, Title 6 of the 1976 Code is amended by adding:

"Section 6-23-235. That portion of Section 6-21-400 which states that it shall not be necessary for any borrower operating under the provisions of this chapter to obtain any franchise or other permit from any state bureau, board, commission, or other instrumentality of the State in order to construct, improve, enlarge, extend, or repair any system, project, or combined system named in Chapter 21, Article 6, shall not be applicable to a joint agency issuing bonds pursuant to the Revenue Bond Act for Utilities, Section 6-21-10, et seq."

SECTION 10. Chapter 23, Title 6 of the 1976 Code is amended by adding:

"Section 6-23-335. Nothing in this chapter shall be interpreted to authorize a joint agency to provide, distribute, market, or sell electric energy or service to retail customers."

SECTION 11. Chapter 23, Title 6, of the 1976 Code is amended by adding:

"Section 6-23-340. Nothing in this act shall, or shall be deemed or construed to, amend, supplement, modify, or otherwise alter or affect the provisions of contracts entered into by a joint agency prior to the effective date of this act."

SECTION 12. Section 6-23-120 of the 1976 Code is repealed.

SECTION 13. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator J. VERNE SMITH explained the amendment.

Objection--S. 1054

Senator J. VERNE SMITH asked unanimous consent to give the Bill third reading on Friday, March 22, 1996.

Senator GIESE objected.

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

Printed Page 1219 . . . . . Thursday, March 21, 1996
SECOND READING BILLS

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

H. 4721--Ordered to a Third Reading

On motion of Senator RUSSELL, H. 4721 was ordered to receive a third reading on Friday, March 22, 1996.

H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

H. 4747--Ordered to a Third Reading

On motion of Senator RUSSELL, H. 4747 was ordered to receive a third reading on Friday, March 22, 1996.

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 1273--Ordered to a Third Reading

On motion of Senator ROSE, S. 1273 was ordered to receive a third reading on Friday, March 22, 1996.

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