Indicates Matter Stricken
Indicates New Matter

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

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

Beloved, hear the glad words recorded by St. Matthew, Chapter 28 (v. 10):

"Then Jesus said to them, 'Do not be afraid; go and tell my brothers   to go to Galilee; there they will see me'."
Let us pray.

Our Father, it was only portions of three days between the terrible suffering of Good Friday and the glowing words of the morning of the Resurrection.

Strangely, it all happened not very far on the map from Macedonia and Kosovo of today. We are wondering what word we can send to the thousands of refugees fleeing their homes because the evil-spirit that crucified Jesus still lingers in the lives of human beings.

We lift up the cries of the refugees from Kosovo who today are looking death and hopelessness in the face.

Give us a miracle that will enable us to send a message to the innocent sufferers of the world, "Do not be afraid!" The "resurrection life of Jesus" is alive by faith in the hearts of their believing brothers and sisters. Hear the word, "Help is on the way. Do not be afraid!"
Amen.

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

Mr. Frank Caggiano
Clerk of the Senate
State House
Columbia, SC 29201
April 5, 1999

Dear Mr. Caggiano:

The State Election Commission has certified to this office that the person listed on the attached sheet, incorporated in and made an official part of this certification, received the greatest number of votes cast for the Senate, District #18, at the general election held in South Carolina on March 30, 1999.

The member is hereby certified as set forth in the attached commission as the duly and properly elected member of the Senate.

Sincerely,
/s/ Jim Miles
Secretary of State
Enclosure

The Honorable Jim Miles
Secretary of State
Post Office Box 11350
Columbia, SC 29211
April 2, 1999

Dear Mr. Secretary:

The State Election Commission, acting as the State Board of Canvassers, hereby certifies that André Bauer received the largest number of votes for State Senate, District Number 18 in the Special Election held on March 30, 1999.

Sincerely,
/s/ James F. Hendrix
Executive Director

On motion of Senator WILSON, with unanimous consent, Senator BAUER was seated in vacant Seat #18.

Senator BAUER was recognized to address the Senate with brief remarks.

Senator THOMAS made a Parliamentary Inquiry as to the process to be followed concerning selection of committees by a new member where no vacancies currently exist.

The PRESIDENT stated that the Senate would follow the provisions contained in Rule 19 unless the Senate directs otherwise.

On motion of Senator DRUMMOND, the matter of Committee Selections was carried over until Wednesday, April 7, 1999.

Senator McCONNELL was recognized to present a status report on the work of the committee regarding the African-American Monument.

The following was received:

Document No. 2408
Agency: Workers' Compensation Commission
SUBJECT: Workers' Compensation Claims
Received by Lieutenant Governor February 12, 1999
Referred to Judiciary Committee
March 17, 1999 House Labor, Commerce and Industry Committee Requested Withdrawal
120 Day Period Tolled
April 1, 1999 Withdrawn

The following were introduced:

S. 685 (Word version) -- Senator Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-491, SO AS TO REQUIRE A STATEWIDE CURFEW FOR PERSONS UNDER SEVENTEEN YEARS OF AGE, TO REQUIRE THAT A PARENT, LEGAL GUARDIAN, OR DESIGNATED PARTY TWENTY-FIVE YEARS OF AGE OR OLDER MUST ACCOMPANY ANY PERSON UNDER SEVENTEEN YEARS OF AGE BETWEEN THE HOURS OF ELEVEN O'CLOCK P.M. AND SIX O'CLOCK A.M. ON THE FOLLOWING DAY, MONDAYS THROUGH THURSDAYS AND BETWEEN THE HOURS OF TWELVE O'CLOCK A.M. AND SIX O'CLOCK A.M. ON FRIDAYS THROUGH SUNDAYS, TO AUTHORIZE ANY COUNTY OF THIS STATE TO OPT OUT OF THE PROVISIONS OF THIS SECTION, AND TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS.

Senator FORD spoke on the Bill.

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

S. 686 (Word version) -- Senator Wilson: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION OF CIVIL ACTIONS

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

S. 687 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO HONOR THE LAURENS DISTRICT 55 HIGH SCHOOL LADY RAIDERS BASKETBALL TEAM FOR THEIR SECOND STATE BASKETBALL TITLE IN AS MANY YEARS.

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

H. 3293 (Word version) -- Reps. Wilkins, Gilham, Webb, Witherspoon, Lucas, Meacham, Taylor, Mason, Barrett, Harrison, Haskins, Tripp, Rodgers, Walker, Woodrum, Altman, Allison, Riser, Sandifer, McGee, Keegan, Townsend, Littlejohn, Hawkins, Leach, Robinson, Trotter, Young-Brickell and Simrill: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS OF CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR A BALLOT MEASURE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE.

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

H. 3616 (Word version) -- Reps. Fleming, Altman, Barfield, Barrett, Bauer, Beck, H. Brown, Campsen, Cato, Chellis, Cotty, Dantzler, Delleney,

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

H. 3801 (Word version) -- Reps. J. Smith, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ARTHUR FUSCO OF COLUMBIA.

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

H. 3802 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE HAMMOND SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH

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

H. 3820 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE APRIL 16, 1999, AS DR. MARY MCLEOD BETHUNE CHILDREN AUTHORS' PROGRAM DAY.

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

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

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3650 (Word version) -- Reps. Clyburn and M. Hines: A BILL TO AMEND ACT 955 OF 1974, AS AMENDED, RELATING TO THE COMPENSATION OF THE EDGEFIELD COUNTY DISTRICT

S. 375 (Word version) -- Senator Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.

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

Senators COURTNEY, CORK and GLOVER proposed the following amendment (JUD 0375.001. DOC), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO AUTHORIZE A JUDGE TO RESOLVE DISPUTES AS TO WHETHER A PERSON PROVIDED INFORMATION LEADING TO THE FORFEITURE OF PROPERTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   Section 44-53-530(a) of the 1976 Code is amended to read:

"(a)   Forfeiture of property defined in Section 44-53-520 must be accomplished by petition of the Attorney General or his designee or the circuit solicitor or his designee to the court of common pleas for the jurisdiction where the items were seized. The petition must be submitted to the court within a reasonable time period following seizure and shall set forth the facts upon which the seizure was made. The petition shall describe the property and include the names of all owners of record and lienholders of record. The petition shall identify any other persons known to the petitioner to have interests in the property. Petitions for the forfeiture of conveyances shall also include: the make, model, and year of the conveyance,; the person in whose name the conveyance is registered,; and the person who holds the title to the conveyance. The petition shall set forth the type and quantity of the controlled substance involved. A copy of the petition must be sent to each law enforcement agency which has notified the petitioner of its involvement in effecting the seizure. Notice of hearing or rule to show cause must be directed to all persons with interests in the property listed in the petition, including law enforcement agencies which have notified the petitioner of their involvement in effecting the seizure. Owners of record and lienholders of record may be served by certified mail, to the last known address as appears in the records of the governmental agency which records the title or lien.

The judge shall determine whether the property is subject to forfeiture and order the forfeiture confirmed. If the judge finds a forfeiture, he shall then determine the lienholder's interest as provided in this article. The judge shall determine whether any property must be returned to a law enforcement agency pursuant to Section 44-53-582.

If there is a dispute as to the division of the proceeds of forfeited property among participating law enforcement agencies, this issue must be determined by the judge. The proceeds from a sale of property, conveyances, and equipment must be disposed of pursuant to subsection (e) of this section.

If there is a dispute as to whether a private citizen is entitled to twenty-five percent of the proceeds from the sale of property, conveyances, and equipment as provided for in subsection (e) for providing law enforcement with previously unknown information that leads to an arrest, conviction, and the forfeiture of property, the judge must determine the issue in an in camera proceeding, keeping the private citizen's identity confidential.

All property, conveyances, and equipment which will not be reduced to proceeds may be transferred to the law enforcement agency or agencies or to the prosecution agency. Upon agreement of the law enforcement agency or agencies and the prosecution agency, conveyances and equipment may be transferred to any other appropriate agency. Property transferred must not be used to supplant operating funds within the current or future budgets. If the property seized and forfeited is an aircraft or watercraft and is transferred to a state law enforcement agency or other state agency pursuant to the provisions of this subsection, its the aircraft's or watercraft's use and retainage by that agency shall be at the discretion and approval of the Budget and Control Board."

SECTION   2.   Section 44-53-530(e) and (g) of the 1976 Code are amended to read:

"(e)   All real Real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five percent to the law enforcement agency or agencies; (2)

(i)     If a law enforcement agency receives previously unknown information from a private citizen that leads to an arrest, conviction, and the forfeiture of property as defined in Section 44-53-520, the agency shall pay to the private citizen twenty-five percent of the seventy-five percent of the forfeited property received by the agency. A private citizen who has information regarding the possession, distribution, or trafficking of controlled substances may contact the law enforcement agency having jurisdiction where the alleged activity occurred to provide information and need only identify himself by his social security number.

(ii)   In order to qualify for the payment from forfeited property, the private citizen must not be under documented investigation for any criminal activity at the time the information was reported to law enforcement.

(2)   twenty percent to the prosecuting agency; and

(3)   five percent must be remitted to the remainder must be placed on deposit with the State Treasurer and deposited to the credit of the general fund of the State.

(g)   All forfeited Forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by

These accounts must not be used to supplant operating funds in the current or future budgets, and no additional personnel may be hired using proceeds from these accounts. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.

In the case of a state law enforcement agency or state prosecution agency, monies and proceeds must be remitted to placed on deposit with the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.

All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act."

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

Amend title to conform.

Senator COURTNEY explained the amendment.

The amendment was adopted.

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.

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp,

Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senator MOORE explained the Bill.

Senator MOORE proposed the following amendment (3276R001.tlm), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 27, by striking the bill in its entirety and inserting therein the following:

/   Whereas, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and

Whereas, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and

Whereas, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and

Whereas, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and

Whereas, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore,

SECTION   1.   Chapter 9 of Title 58 of the 1976 Code is amended by adding:

Section 58-9-2200.     As used in this article:

(1)   'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service'

(2)   'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:

(a)   telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:

(i)   carrier access charges;

(ii)   right of access charges;

(iii)   interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;

(iv)   charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;

(v)   charges for the sale of unbundled network elements;

(vi)   charges for the use of intercompany facilities; and

(vii)   charges for services provided by shared, not-for-profit public safety radio systems approved by the FCC;

(b)   information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;

(c)   cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;

(d)   satellite television broadcast services.

(3)   'Telecommunications company' means a provider of one or more telecommunications services.

(4)   'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of

(5)   'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.

(6)   'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.

(7)   'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.

Section 58-9-2210.     Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.

Section 58-9-2220.     Notwithstanding any provision of law to the contrary:

(1)   A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed fifteen one-hundredths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed six-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate

(2)   A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.

(3)   The measurement of the amounts derived from the retail sale of telecommunications services does not include:

(a)   an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and

(b)   bad debts.

(4)   A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this article.

(5)   The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.

Section 58-9-2230.   (A)   A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable

Tier     I   -           1   -     1,000   -   $ 100.00

Tier   II   -           1,001   -     3,000   -   $ 200.00

Tier   III   -           3,001   -     5,000   -   $ 300.00

Tier IV   -           5,001   -     10,000   -   $ 500.00

Tier   V     -         10,001   -     25,000   -   $ 750.00

Tier VI     -           Over   -     25,000 -   $1,000.00

(B)   A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:

Tier   I     -           1   -     1,000   -   $ 100.00

Tier   II     -         1,001   -     3,000   -   $ 200.00

Tier III     -       3,001   -     5,000   -   $ 300.00

Tier   IV   -         5,001   -   10,000   -   $ 500.00

Tier   V     -         10,001   -   25,000   -   $ 750.00

Tier VI   -         Over   -   25,000   -   $1,000.00

(C)   No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.

(D)   A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the

Section 58-9-2240.     A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.

Section 58-9-2250.     A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property."

SECTION   2.   If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.

SECTION   3.   No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article; provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any

SECTION   4.   In addition to the business license tax authorized pursuant to Section 58-9-2220 of the 1976 Code, as added by Section 1 of this act, there is levied a telecommunications transition fund tax of fifteen one-hundredths of one per cent for the years 1999-2003. This tax applies to gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either terminates or originates in a municipality and which are charged to a service address within the municipality, regardless of where these amounts are billed or paid. The Department of Revenue shall collect the tax and remit it to the State Treasurer. The tax must be placed in an interest bearing account separate and distinct from the general fund of the State. All interest earned on this account shall accrue to the account.

Beginning in 2004, the account must be used to assist municipalities which can demonstrate that the total revenue received in years 1999-2003 by the municipality pursuant to this article from the telecommunications companies which have not paid a tax or fee to the municipality prior to December 31, 1997, is less than the total revenue received in the years 1999-2003 by the municipality from telecommunications companies paying a tax or fee to the municipality prior to December 31, 1997.

The State Treasurer shall promulgate regulations establishing documentation requirements and procedures for distribution of the funds. The funds will be distributed until all funds collected by this section, including interest, have been distributed.

SECTION   5.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

On motion of Senator HOLLAND, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:

S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 684 (Word version) -- Senator Grooms: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.

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

Senator GROOMS proposed the following amendment (684R001.LKG), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof:
/   TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION   1.   This act may be cited as the "Berkeley County School District School Bond-Property Tax Relief Act".

SECTION   2.   Subject to the requirements of this act, the governing body of the Berkeley County School District may by resolution impose a one percent sales and use tax within Berkeley County for a specific purpose and for a specified period of time to collect funds to be used to pay debt service on general obligation bonds issued pursuant to Article 1 of Chapter 71, Title 59 of the 1976 Code (School Bond Act).

SECTION   3.   (A)(1)   The governing body of the Berkeley County School District may vote to impose the tax authorized by this act, subject to a referendum, by enacting a resolution. The resolution must specify:

(a)   the improvements to be financed through the issuance of general obligation bonds of the school district together with the imposition of the tax;

(b)   the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty years, for which the tax may be imposed; and

(c)   the maximum principal amount of general obligation bonds to be issued and repaid with proceeds of the tax.

(2)   The findings provided in item (1) may be incorporated within a resolution of the governing body of the Berkeley County School District calling for a referendum upon the question of the issuance of general obligation bonds pursuant to Article 1 of Chapter 71, Title 59 of the 1976 Code, if the proposed tax will be applied to payment of debt service upon the bonds.

(B)   Upon receipt of the resolution, the Berkeley County Board of Elections and Registration shall conduct a referendum on the question of imposing the optional special sales and use tax in the county. Notice of the election must be provided in the manner provided by the general election law and include the question to be voted upon in the referendum. In addition, if the question of the issuance of general obligation bonds is to also be voted upon in the referendum, publication of notice of the referendum must also be given in compliance with Article 1 of Chapter 71, Title 59 of the 1976 Code. Expenses of the referendum must be paid by the school district.

(C)   The question to be voted upon in the referendum shall read substantially as follows:

"Must a special one percent sales and use tax be imposed in Berkeley County for not more than twenty years in order to raise funds which will be applied to pay debt service on general obligation bonds issued

No   [ ]

The ballot may, in the discretion of the governing body of the school district, contain a short explanation of the question to be voted upon in this referendum.

(D)   All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote "yes" and all qualified electors opposed to levying the tax for the particular purpose shall vote "no". Upon receipt of the returns of the referendum, the election commission shall, by resolution, declare the results of it and shall file the resolution with the Berkeley County Clerk of Court. The resolution shall also be filed with the South Carolina Department of Revenue. The results of the referendum, as declared by resolution of the election commission and as filed with the clerk of court, is not open to question except by a civil action instituted within twenty days of the filing of it. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this act; otherwise, the tax is not imposed. A referendum on imposition of the tax authorized in this act may not be held more than once in a period of twelve consecutive months.

SECTION   4.   (A)   If the tax is approved in the referendum, the tax must be imposed beginning upon the first day of the third full month following the filing of the declaration of results of the referendum with the Department of Revenue.

(B)   The tax terminates:

(1)   on the final day of the maximum time specified for the imposition; or

(2)   if earlier, but not if later, upon payment of the final maturing installments of principal of the bonds to which application of the tax is authorized, or upon payment of the final maturing installments of principal of general obligation bonds issued to refund the bonds.

(C)   When the optional sales and use tax is imposed for more than one purpose, the governing body of the school district authorizing the referendum for the tax shall determine the priority for the expenditure of the net proceeds of the tax for the purposes stated in the referendum.

SECTION   5.   (A)   The tax levied pursuant to this act must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.

(B)   The tax authorized by this act is in addition to all other local sales and use taxes and applies to the gross proceeds of the sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36, Title 12 of the 1976 Code and the enforcement provisions of Chapter 54, Title 12 of the 1976 Code. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 of the 1976 Code are exempt from the tax imposed by this act. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this act. The tax imposed by this act also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12 of the 1976 Code.

(C)   Taxpayers required to remit taxes under Article 13, Chapter 36, Title 12 of the 1976 Code shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.

(D)   Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.

(E)   A taxpayer subject to the tax imposed by Section 12-36-920 of the 1976 Code who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each school district.

(F)   The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this act in Berkeley County, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.

(G)   Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this act, with respect to services that are regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.

SECTION   6.   (A)   The revenues of the tax collected in the county under this act must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the

(B)   The Berkeley County Treasurer holding taxes collected pursuant to this act must certify to the auditor of the county on July fifteenth of each calendar year as to the amount of taxes held by that county treasurer as of June thirtieth of the calendar year. The Berkeley County Auditor shall reduce the next levy of ad valorem property taxes required to pay debt service on bonds to which the tax is applicable by the amount of tax revenues certified as collected as of June thirtieth by the county treasurer. Taxes collected as of June thirtieth of a calendar year in excess of the amounts required to pay debt service due in the eighteen months following June thirtieth on bonds to which the tax is applicable must be applied to reduce the next levy of ad valorem property taxes required for payment of operational and maintenance expenses of the Berkeley County School District.

(C)   The State Treasurer, in consultation with the Department of Education, shall determine an average per pupil amount by dividing the amount of revenues generated in the county by the imposition of the tax authorized by this act by the total number of students in grades K-12 in Berkeley County. The State Treasurer shall pay any other school district located in Berkeley County an amount equal to the average per pupil amount based on the number of pupils attending schools residing in Berkeley County to be used exclusively for capital projects.

SECTION   7.   The Department of Revenue shall furnish data to the State Treasurer and to the school districts receiving tax revenues pursuant to this act for the purpose of calculating distributions and estimating revenues. The information which must be supplied to the Berkeley County School District upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240 of the 1976 Code. A person violating this section is subject to the penalties provided in Section 12-54-240 of the 1976 Code.

SECTION   8.   This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

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

S. 684 (Word version) -- Senator Grooms: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.

On motion of Senator MESCHER, with unanimous consent, the name of Senator MESCHER was added as a co-sponsor of the Bill.

S. 567 (Word version) -- Senators Land, Anderson, Courson, Elliott, Ford, Glover, Hutto, Jackson, Matthews, McGill, Moore, O'Dell, Passailaigue, Rankin, Reese, Saleeby, Setzler, Short, Washington, Wilson, Patterson, Branton, Courtney, Holland and Russell: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-EIGHT THE YEARS OF CREDITABLE SERVICE REQUIRED TO RETIRE AT ANY AGE WITHOUT PENALTY; TO AMEND SECTIONS 9-1-1515, 9-1-1660, AND 9-1-1770, AS AMENDED, AND 9-1-1850, AS AMENDED, RELATING TO EARLY RETIREMENT OPTIONS, ELECTION OF A BENEFIT ON THE INSERVICE DEATH OF A MEMBER, AND AMOUNTS DUE ESTATES OF DECEASED MEMBERS UNDER THE GROUP LIFE INSURANCE PLAN, SO AS TO PROVIDE THAT THE ELECTION OF A MEMBER WITH TWENTY-FIVE YEARS CREDITED SERVICE TO BUY SUFFICIENT CREDIT FOR SERVICE RETIREMENT APPLIES TO THE SOUTH CAROLINA RETIREMENT SYSTEM, UPDATE THE BENEFIT ELECTION OPTION ON THE INSERVICE DEATH OF A MEMBER TO REFLECT OTHER CHANGES SINCE ORIGINAL ENACTMENT, AND TO CONFORM THESE OPTIONS AND BENEFITS TO SERVICE RETIREMENT AFTER TWENTY-EIGHT YEARS CREDITABLE SERVICE AT ANY AGE WITHOUT PENALTY AS PROVIDED IN THIS ACT; TO AMEND SECTIONS 9-1-1810 AND 9-11-310, RELATING TO THE ANNUAL COST OF LIVING ADJUSTMENT AUTHORIZED FOR RETIREES AND

On motion of Senator PEELER, with unanimous consent, the name of Senator PEELER was added as a co-sponsor of the Bill.

S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.

Senator PASSAILAIGUE, with unanimous consent, was recognized to address brief remarks to the body.

With Senator PASSAILAIGUE retaining the floor, debate was interrupted by adjournment, with the Bill remaining in the status of Adjourned Debate.

On motion of Senators COURTNEY and PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Louise W. Moore of Gaffney, S.C.

At 1:23 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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