Printed Page 2340, Apr. 17
| Printed Page 2360, Apr. 17
|
Printed Page 2340, Apr. 17
| Printed Page 2360, Apr. 17
| The following Bill was taken up.
H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.
The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3608DW.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
"Section 50-11-1760. (A) It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more less than one year or and by a fine of not exceeding less than five hundred thousand dollars.
(B) It is lawful for any a person to trap or kill any a coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410."/
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. DANTZLER proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2372DW.96).
Amend the bill, as and if amended, page 1, SECTION 1, line 22, by inserting after /coyotes/ / , which have been sterilized, /.
Amend title to conform.
Rep. DANTZLER explained the amendment.
Rep. TUCKER moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. RHOAD moved to table the motion to recommit.
Rep. WITHERSPOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Davenport Harrell Harvin Keegan Kelley Kirsh Koon Lee Limehouse Martin McCraw Phillips Rhoad Rice Riser Tripp Trotter
Vaughn Whipper, L. Whipper, S. Witherspoon Young
Those who voted in the negative are:
Allison Anderson Bailey Baxley Breeland Brown, G. Brown, H. Cain Cato Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Fulmer Gamble Hallman Haskins Hines, M. Hutson Inabinett Keyserling Kinon Klauber Knotts Law Limbaugh Littlejohn Lloyd Marchbanks McAbee McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Richardson Robinson Rogers Sandifer Scott Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tucker Waldrop Walker Whatley White Wilder Wilkes Wilkins Williams Wofford Worley Young-Brickell
So, the House refused to table the motion to recommit.
The question then recurred to the motion to recommit, which was agreed to.
The following Bill was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22642SD.96).
Amend the bill, as and if amended, in Section 58-17-4096 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (C) to read:
/(C) A railroad track for purposes of this section is defined as the entire structure used to guide railroad trains, locomotives, cars and other vehicles with flanged wheels. The railroad track is assembled from various materials including rails, joints, spikes, rail anchors, tie plates, and crossties, and the term encompasses everything between the ends of the crossties./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. KIRSH moved to continue the Bill, which was agreed to.
The SPEAKER granted Rep. J. YOUNG a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR
Rep. FULMER explained the Bill.
Rep. SCOTT spoke against the Bill.
Rep. RICHARDSON spoke in favor of the Bill.
Rep. SCOTT moved to table the Bill.
Rep. FULMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Brown, J. Cave Delleney Hines, J. Howard Kirsh Moody-Lawrence Scott Sheheen Stuart Williams Worley
Those who voted in the negative are:
Allison Askins Baxley Boan Brown, H. Cain Carnell Cato Cooper Cotty Cromer Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harvin Haskins Hodges Hutson Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks Martin Mason McAbee McCraw McKay McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe
Shissias Simrill Smith, D. Smith, R. Stille Stoddard Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes Wilkins Witherspoon Wofford Wright Young-Brickell
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baxley Boan Brown, H. Cain Carnell Cato Cooper Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harvin Hodges Hutson Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McKay McTeer Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Stille Stoddard Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Whatley Wilder Wilkes
Wilkins Witherspoon Wofford Wright Young-Brickell
Those who voted in the negative are:
Bailey Brown, J. Cave Delleney Howard Kirsh McCraw Moody-Lawrence Neal Phillips Scott Sheheen Stuart Williams Worley
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10724JM.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 58-9-10 of the 1976 Code is amended by adding:
"(9) The term `basic local exchange telephone service' means for residential and single-line business customers, access to basic voice grade local service with touchtone, access to available emergency services and directory assistance, the capability to access interconnecting carriers, relay services, access to operator services, and one annual local directory listing (white pages or equivalent).
(10) The term `carrier of last resort' means a facilities-based local exchange carrier, as determined by the commission, not inconsistent with the federal Telecommunications Act of 1996, which has the obligation to provide basic local exchange telephone service, upon reasonable request, to all residential and single-line business customers within a defined service area. Initially, the incumbent LEC must be a carrier of last resort within its existing service area.
(a) any certificate of public convenience and necessity issued before July 1, 1995; or
(b) any certificate of public convenience and necessity issued to supersede, in whole or in part, any certificate of public convenience and necessity issued before July 1, 1995.
(12) The term `local exchange carrier' or `LEC' means either an incumbent local exchange carrier or a new entrant local exchange carrier.
(13) The term `new entrant local exchange carrier' or `new entrant LEC' means a telecommunications company holding a certificate of public convenience and necessity issued by the commission pursuant to Section 58-9-280 (B) after December 31, 1995, to provide local exchange service within a certificated geographic service area of the State.
(14) The term `small local exchange carrier' or `small LEC' means a rural telephone company as defined on February 8, 1996, in the federal Telecommunications Act of 1996.
(15) The term `telecommunications services' means the services for the transmission of voice and data communications to the public for hire, including those nonwireline services provided in competition to landline services.
(16) The term `universal service' means the providing of basic local exchange telephone service, at affordable rates, upon reasonable request, to all residential and single-line business customers within a defined service area."
SECTION 2. Section 58-9-280 of the 1976 Code is amended to read:
"Section 58-9-280. (A) No telephone utility shall begin the construction or operation of any telephone utility plant or system, or of any extension thereof, except those ordered by the commission under the provisions of Section 58-9-270, without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction or operation. But this section shall not be construed to require any telephone utility to secure a certificate for any extension within any municipality or district within which it had lawfully commenced operations
(B) After notice and an opportunity to be heard, the commission may grant a certificate to operate as a telephone utility, as defined in Section 58-9-10(6), to applicants proposing to furnish local telephone service in the service territory of an incumbent LEC, subject to the conditions and exemptions stated in this section and in applicable federal law. The provisions of this Act shall apply to any such application for a certificate pending before the commission on the effective date of this Act. In determining whether to grant a certificate under this subsection, the commission may require, not inconsistent with the federal Telecommunications Act of 1996, that the:
(1) applicant show that it possesses technical, financial, and managerial resources sufficient to provide the services requested;
(2) service to be provided will meet the service standards that the commission may adopt;
(3) provision of the service will not adversely impact the availability of affordable local exchange service;
(4) applicant, to the extent it may be required to do so by the commission, will participate in the support of universally available telephone service at affordable rates; and
(5) provision of the service does not otherwise adversely impact the public interest. In its application for certification, the applicant seeking to provide the service shall set forth with particularity the proposed geographic territory to be served, and a price list and informational tariff regarding the types of local exchange and exchange access services to be provided. Any person granted authority under this section shall maintain a current price list with the commission. A commission order, denying or approving an application for certification of a new local telephone service provider, shall be entered no more than sixty days from the filing of the application, except that the commission, upon notice, may extend that period not to exceed an additional sixty days.
Printed Page 2340, Apr. 17
| Printed Page 2360, Apr. 17
|