South Carolina General Assembly
113th Session, 1999-2000
Journal of the Senate

Printed Page 1220 . . . . . Wednesday, April 7, 1999

Wednesday, April 7, 1999
(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, hear the words of St. Matthew, Chapter 28 (1ff.):

"After the sabbath, as the first day of the week was dawning, Mary

Magdalene and the other Mary went to see the tomb, and suddenly

there was a great earthquake; for an angel of the Lord, descending

from heaven, came and rolled back the stone and sat on it..."
Let us pray.

Lord, God of Eternity, however it may be said, St. Matthew, of the Jewish tradition, affirms the fact of the resurrection body of Jesus.

We thank You for the Easter fact, the Easter faith, the Easter message.

We thank You, in our own struggles, that "truth crushed to earth will rise again."

We thank You that our destiny is not a ditch we call "the grave," but a "new Life." We can't fully understand all of this... yet!

As we turn anew to our practical problems and decisions on so many issues of our common life, give us Your aid.
Amen.

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

RECALLED AND ADOPTED

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,

Printed Page 1221 . . . . . Wednesday, April 7, 1999
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.

Senator SETZLER asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Education.

There was no objection.

Senator SETZLER asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

On motion of Senator SETZLER, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 688 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 23, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DROUGHT RESPONSE ACT OF 1985, SO AS TO REVISE THE DROUGHT INDICES, TO REVISE REQUIREMENTS FOR PROVIDING NOTICE OF A DROUGHT TO THE MEDIA, TO REVISE APPOINTMENT PROCEDURES FOR MEMBERS APPOINTED TO LOCAL COMMITTEES IN EACH DROUGHT MANAGEMENT AREA, TO PROVIDE FOR CURTAILMENT OF WATER WITHDRAWALS, AND TO REVISE STANDARDS TO BE USED TO EVALUATE WHICH WATER WITHDRAWALS MUST BE CURTAILED.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 689 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROPERTY CLASSIFICATIONS FOR TAX PURPOSES MUST BE

Printed Page 1222 . . . . . Wednesday, April 7, 1999
EQUAL AND UNIFORM, ASSESSMENT RATIOS, ROLL-BACK TAXES, AND PROCEDURES FOR CLAIMING CERTAIN CLASSIFICATIONS, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT, IF A CHANGE IN OWNERSHIP OCCURS AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER, AND DELETE THE PROVISION THAT REQUIRES THAT, FOR THE PORTION OF THE TAX YEAR IN WHICH THE PERSON QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO OWNED THE PROPERTY, THE FOUR PERCENT ASSESSMENT RATIO SHALL APPLY; TO AMEND ARTICLE 3, CHAPTER 43 OF TITLE 12, RELATING TO PROPERTY TAXES, COUNTY EQUALIZATION AND REASSESSMENT, AND UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-222, SO AS TO PROVIDE THAT REVENUE RULINGS BY THE DEPARTMENT OF REVENUE WHICH HAVE THE EFFECT OF INCREASING THE AD VALOREM PROPERTY TAXES FOR ANY OF THE STATE'S PROPERTY OWNERS BY CHANGING THE PROPERTY'S CLASSIFICATION DURING THE TAX YEAR OR BY DENYING EXEMPTIONS ARE NULL AND VOID AND OF NO EFFECT, AND BY ADDING SECTION 12-43-223, SO AS TO REQUIRE THE OFFICE OF THE COMPTROLLER GENERAL TO ISSUE A STATEMENT OF THE EFFECT OF ALL PROPOSED LEGISLATION AND ALL PROPOSED REVENUE RULINGS AND REGULATIONS OF THE DEPARTMENT OF REVENUE UPON THE ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF PROPERTY TAX LAWS BY THE COUNTY AUDITORS, TREASURERS, AND TAX COLLECTORS; AND TO REPEAL SUBSECTION B OF SECTION 60 OF PART II OF ACT 419 OF 1998, RELATING TO THE PROVISION THAT THE TIME BY WHICH THE WRITTEN NOTICE OF OBJECTION TO THE ASSESSMENT RATIO USED FOR THE ASSESSMENT OF PROPERTY TAXES FOR THE 1997 TAX YEAR IS EXTENDED FOR CERTAIN DEFINED TAXPAYERS AND CERTAIN PROPERTY INVOLVED IN A CHANGE OF OWNERSHIP AND RELATING FURTHER TO THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PLACE A NOTICE IN NEWSPAPERS OF GENERAL CIRCULATION NOTIFYING
Printed Page 1223 . . . . . Wednesday, April 7, 1999
TAXPAYERS OF THIS EXTENSION OF TIME AND THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PROVIDE WRITTEN NOTIFICATION TO EACH COUNTY ASSESSOR AND COUNTY AUDITOR OF THE EXTENSION.

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

S. 690 (Word version) -- Senators Drummond, Alexander and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 TO TITLE 59 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE

Printed Page 1224 . . . . . Wednesday, April 7, 1999
INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

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

S. 691 (Word version) -- Senators Land, Drummond, Elliott, Hutto, Leatherman, Peeler, Holland, Gregory, Bryan and McGill: A BILL TO AMEND TITLE 50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORESTRY, BY ADDING CHAPTER 2, SO AS TO ENACT THE "SOUTH CAROLINA FOREST MANAGEMENT PROTECTION ACT" AND TO PROVIDE LEGISLATIVE FINDINGS AND DEFINITIONS AND APPROPRIATE GUIDELINES FOR FOREST MANAGEMENT.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 692 (Word version) -- Senators Ryberg, McConnell, Thomas, Gregory, Mescher, Waldrep, Grooms and Wilson: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSIDERATION OF JUDICIARY CANDIDATES BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REQUIRE THE COMMISSION TO REVIEW THE QUALIFICATIONS OF AN INCUMBENT MEMBER OF THE JUDICIARY WHO HAS FILED A DECLARATION OF CANDIDACY FOR ELECTION TO SUCCEED HIMSELF; TO AMEND SECTION 14-3-10, RELATING TO THE ELECTION OF SUPREME COURT JUSTICES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUSTICES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-5-610, RELATING TO THE ELECTION OF CIRCUIT JUDGES, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH CIRCUIT COURT JUDGES MAY SUCCEED THEMSELVES; TO AMEND SECTION 14-8-20, RELATING TO THE ELECTION OF MEMBERS OF THE COURT OF APPEALS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUDGES OF THE COURT OF APPEALS MAY SUCCEED THEMSELVES; AND TO AMEND SECTION 20-7-1370, RELATING TO THE ELECTION OF FAMILY COURT JUDGES,

Printed Page 1225 . . . . . Wednesday, April 7, 1999
SO AS TO PROVIDE REQUIREMENTS UNDER WHICH FAMILY COURT JUDGES MAY SUCCEED THEMSELVES.

Senator RYBERG spoke on the Bill.

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

S. 693 (Word version) -- Senators Waldrep, Alexander and Land: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL, AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF ALL JUVENILES OTHER THAN THOSE CHARGED WITH A STATUS OFFENSE; TO REVISE WHAT JUVENILE FINGERPRINT RECORDS MUST BE DESTROYED; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.

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

S. 694 (Word version) -- Senators Ryberg, McConnell, Thomas, Gregory, Mescher, Waldrep, Wilson and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDICIARY MEMBERS, SO AS TO PROVIDE REQUIREMENTS UNDER WHICH JUDGES AND JUSTICES MAY SUCCEED THEMSELVES; AND PROPOSING AN AMENDMENT TO SECTION 27, ARTICLE V, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL ALSO REVIEW THE QUALIFICATIONS OF INCUMBENT MEMBERS OF THE JUDICIARY SEEKING TO SUCCEED THEMSELVES.

Senator RYBERG spoke on the Joint Resolution.

Printed Page 1226 . . . . . Wednesday, April 7, 1999

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

S. 695 (Word version) -- Senators Holland and Wilson: A BILL TO AMEND SECTION 7-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE; TO AMEND THE CODE BY ADDING SECTION 7-15-335, SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS.

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

S. 696 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 41-31-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT OF EXECUTION FOR COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO PROVIDE THAT, IF THE AMOUNT OF ANY CONTRIBUTIONS, INTEREST, PENALTIES, OR EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENTS IS NOT PAID WITHIN TEN DAYS AFTER NOTICE TO THE EMPLOYER, THE EMPLOYMENT SECURITY COMMISSION SHALL ISSUE A WARRANT OF EXECUTION, DIRECTED TO THE COMMISSION'S AUTHORIZED REPRESENTATIVE, RATHER THAN A COUNTY SHERIFF OR TAX COLLECTOR, COMMANDING THE AUTHORIZED REPRESENTATIVE TO LEVY UPON AND SELL THE PROPERTY OF THE DEFAULTING EMPLOYER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND SECTION 41-31-400, RELATING TO THE PROCEDURE UNDER EXECUTION FOR THE PAYMENT AND COLLECTION OF EMPLOYMENT SECURITY CONTRIBUTIONS, SO AS TO PROVIDE FOR THE EMPLOYMENT SECURITY COMMISSION OR ITS

Printed Page 1227 . . . . . Wednesday, April 7, 1999
AUTHORIZED REPRESENTATIVE, RATHER THAN A COUNTY SHERIFF OR TAX COLLECTOR, TO FILE A COPY OF THE EXECUTION WITH THE CLERK OF COURT OF THE COUNTY OR COUNTIES WHERE THE EMPLOYER DOES BUSINESS, PROVIDE FOR RELATED MATTERS, AND CONFER UPON THE EMPLOYMENT SECURITY COMMISSION, FOR THE PURPOSE OF COLLECTING UNPAID CONTRIBUTIONS AND OTHER ITEMS, THE POWERS POSSESSED BY THE DEPARTMENT OF REVENUE FOR THE COLLECTION OF UNPAID INCOME TAXES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 697 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-3-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE FOR THE APPOINTMENT OF NOT LESS THAN FIVE NOR MORE THAN SEVEN PERSONS AS COMMISSIONERS OF THE AUTHORITY, PROVIDE FOR AT LEAST ONE OF THE COMMISSIONERS TO BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, PROVIDE FOR TERMS OF OFFICE OR CONDITIONS FOR SERVICE, AND PROVIDE FOR THE MATTERS WHICH DISQUALIFY THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY FROM VOTING; TO AMEND SECTION 31-3-370, AS AMENDED, RELATING TO REMOVAL FROM OFFICE OF COMMISSIONERS OF MUNICIPAL HOUSING AUTHORITIES, SO AS TO ADD PROVISIONS REGARDING THE REMOVAL OF THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-960, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT, IF THE AREA OF OPERATION OF SUCH AUTHORITY AT ANY TIME CONSISTS OF AN EVEN NUMBER OF COUNTIES, THE COMMISSIONERS OF THE AUTHORITY APPOINTED BY THE SENATORS OF SUCH COUNTIES SHALL APPOINT NOT LESS THAN ONE NOR MORE THAN THREE PERSONS AS COMMISSIONERS, INSTEAD OF APPOINTING "ONE ADDITIONAL COMMISSIONER" UNDER SUCH

Printed Page 1228 . . . . . Wednesday, April 7, 1999
CIRCUMSTANCES, PROVIDE THAT AT LEAST ONE OF THESE COMMISSIONERS SO APPOINTED SHALL BE A PERSON WHO IS DIRECTLY ASSISTED BY THE AUTHORITY, PROVIDE FOR EXCEPTIONS, AND PROVIDE FOR RELATED MATTERS CONCERNING THE MEMBER DIRECTLY ASSISTED BY THE AUTHORITY; TO AMEND SECTION 31-3-980, RELATING TO TERMS OF OFFICE OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE TERM OF THE COMMISSIONER DIRECTLY ASSISTED BY THE AUTHORITY SHALL CONTINUE AS LONG AS HE REMAINS AN ASSISTED RESIDENT; AND TO AMEND SECTION 31-3-990, RELATING TO REMOVAL OF COMMISSIONERS OF REGIONAL HOUSING AUTHORITIES, SO AS TO PROVIDE THAT THE COMMISSIONER WHO IS DIRECTLY ASSISTED BY THE AUTHORITY MUST REMAIN AS AN ASSISTED RESIDENT IN ORDER TO CONTINUE SERVICE ON THE BOARD OF COMMISSIONERS, AND PROVIDE THAT, IF THIS PERSON VACATES THE ASSISTED HOUSING UNIT OR IS EVICTED THEREFROM, HE SHALL BE AUTOMATICALLY REMOVED FROM THE BOARD WITH NO OPPORTUNITY TO BE HEARD OR TO CONTEST THE REMOVAL.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 698 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 66 IN LAURENS COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 76 CONTINUING TO THE INDIAN CREEK BRIDGE THE WALLACE S. BATES HIGHWAY AND INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THE HIGHWAY CONTAINING THE WORDS "WALLACE S. BATES HIGHWAY".

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

S. 699 (Word version) -- Senators Alexander, Drummond, Peeler, Elliott and Grooms: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS

Printed Page 1229 . . . . . Wednesday, April 7, 1999
DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A #13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.

Senator ALEXANDER spoke on the Concurrent Resolution.

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

H. 3531 (Word version) -- Reps. Harrison and Wilkins: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE EMPLOYMENT SECURITY COMMISSION AND THEIR TERMS, SO AS TO PROVIDE THAT EACH OFFICE IS SEPARATE AND NUMBERED, AND TO PROVIDE THAT ELECTIONS MUST BE FOR A SPECIFIC, NUMBERED SEAT ON THE COMMISSION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3823 (Word version) -- Reps. Allison, Allen, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, 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, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and

Printed Page 1230 . . . . . Wednesday, April 7, 1999
Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT "MISS SOUTH CAROLINA", WENDY WILLIS OF FOUNTAIN INN, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

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

H. 3837 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, 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, 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 RECOGNIZING AND SALUTING LINDA M. FRANKLIN, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION, FOR HER DEDICATED HARD WORK WITH THAT ASSOCIATION AND FOR HER HUMANITARIAN SPIRIT, AND COMMENDING HER FOR HER EFFORTS AND ACCOMPLISHMENTS IN MAKING THE PALMETTO STATE SAFE FOR FAMILIES.

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

H. 3838 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LIONS OF DANIEL HIGH SCHOOL IN CENTRAL, SOUTH CAROLINA, ON

Printed Page 1231 . . . . . Wednesday, April 7, 1999
WINNING THE 1998 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.

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

H. 3840 (Word version) -- Rep. Walker: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE O. P. EARLE ELEMENTARY SCHOOL IN LANDRUM, SOUTH CAROLINA, FOR ITS EXTREMELY SUCCESSFUL EFFORTS IN EDUCATING ITS STUDENTS WHICH HAVE RESULTED IN THE SCHOOL BEING SINGLED OUT WITH AWARDS AND ACCOLADES BY THE STATE DEPARTMENT OF EDUCATION AND THE INTERNATIONAL READING ASSOCIATION.

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

H. 3841 (Word version) -- Reps. Harvin and M. McLeod: A CONCURRENT RESOLUTION SALUTING THE CLARENDON COUNTY STRIPED BASS FESTIVAL ON THE OCCASION OF THE FESTIVAL'S TWENTIETH ANNIVERSARY (TO BE HELD THIS YEAR FROM APRIL 9-18, 1999), AND WISHING MANY MORE YEARS OF SUCCESS TO THE FESTIVAL ORGANIZERS AND GOOD CITIZENS OF CLARENDON COUNTY.

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

H. 3842 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CLEMSON UNIVERSITY "LADY TIGERS" WOMEN'S BASKETBALL TEAM FOR THEIR MANY ACCOMPLISHMENTS DURING THE STELLAR 1998-99 SEASON, AND FOR MAKING CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY BY ENDING THE SEASON AS THE HIGHEST RANKED TEAM IN THE SCHOOL'S HISTORY WITH A #10 RANKING IN THE FINAL ASSOCIATED PRESS POLL, AND A # 13 RANKING IN THE FINAL USA TODAY POLL, TO RECOGNIZE HEAD COACH JIM DAVIS AND HIS STAFF FOR THE EXCEPTIONAL SEASON, AND TO SPECIFICALLY RECOGNIZE THE TEAM'S SENIOR CLASS AS THESE FOUR

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LADIES COMPRISE THE WINNINGEST CLASS IN CLEMSON UNIVERSITY WOMEN'S BASKETBALL HISTORY.

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

H. 3846 (Word version) -- Reps. McGee and McKay: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.

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

H. 3846--Recalled and Adopted

H. 3846 (Word version) -- Reps. McGee and McKay: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF JUNE OF EACH YEAR AS OBESITY AWARENESS MONTH IN SOUTH CAROLINA.

Senator LEATHERMAN asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Invitations.

There was no objection.

Senator LEATHERMAN asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the Concurrent Resolution.

Senator LEATHERMAN asked unanimous consent to adopt the Concurrent Resolution.

There was no objection.

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

H. 3847 (Word version) -- Reps. Harris and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE B. C. MOORE AND SONS, INC. OF CHERAW FOR MORE THAN SEVENTY-FIVE YEARS OF EXCELLENCE IN RETAIL BUSINESS AS ONE OF THE LARGEST PRIVATELY OWNED DEPARTMENT STORE CHAINS

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IN THE SOUTHEAST AND FOR ITS GENEROUS CORPORATE SUPPORT OF CHESTERFIELD COUNTY AND THE STATE OF SOUTH CAROLINA.

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

H. 3848 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE DANIEL HIGH SCHOOL COMPETITIVE CHEER SQUAD OF CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 STATE CLASS AAA COMPETITION AND BEING NAMED STATE CHAMPIONS.

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

H. 3859 (Word version)-- Rep. Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE REVEREND GEORGE WILLIAMS, JR., AND THE CHURCH HE PASTORS, THE DELIVERANCE WORD OF FAITH CHURCH OF LANCASTER, SOUTH CAROLINA, ON THE OCCASION OF ITS INSTALLATION-APPRECIATION CELEBRATION WHICH WILL TAKE PLACE ON SUNDAY, APRIL 11, 1999.

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

H. 3872 (Word version) -- Rep. Webb: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE LIONS OF DANIEL HIGH SCHOOL IN CENTRAL, SOUTH CAROLINA, ON WINNING THE 1998 CLASS AAA STATE BOYS CROSS COUNTRY CHAMPIONSHIP.

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

REPORTS OF STANDING COMMITTEE

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 37 (Word version) -- Senators Hayes, Elliott, Giese and Rankin: A BILL TO AMEND SECTION 27-40-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY

Printed Page 1234 . . . . . Wednesday, April 7, 1999
BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO PROVIDE THAT IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTY-EIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 27-40-735, WHICH IS IDENTICAL TO SECTION 27-40-710(D).

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 87 (Word version) -- Senators Thomas, Elliott and Hayes: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING WHEN THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL.

Ordered for consideration tomorrow.

Senator MESCHER from the Committee on Judiciary submitted a favorable with amendment report on:

S. 120 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 16-17-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TATTOOING, SO AS TO PERMIT TATTOOING OF PERSONS OVER EIGHTEEN YEARS OF AGE PURSUANT TO RECOMMENDATIONS FOR PREVENTING TRANSMISSION OF INFECTION AND GUIDELINES FOR PREVENTION OF TRANSMISSION OF HUMAN IMMUNODEFICIENCY VIRUS AND HEPATITIS B VIRUS PROMULGATED BY THE CENTERS FOR DISEASE CONTROL, OR EQUIVALENT GUIDELINES DEVELOPED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE NOTICE TO PATRONS INFORMING THEM OF ANY DISQUALIFICATION WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, AND TO INCLUDE THIS NOTICE IN ANY INFORMED CONSENT OR RELEASE FORM, TO REQUIRE PROOF OF AGE FROM A PROSPECTIVE TATTOO RECIPIENT, TO PROVIDE PENALTIES

Printed Page 1235 . . . . . Wednesday, April 7, 1999
FOR VIOLATION OF THIS SECTION, AND TO PROVIDE THAT REASONABLE RELIANCE OF PROOF OF AGE IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION; AND TO AMEND CHAPTER 17, TITLE 16, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN WHO IS TATTOOED IN VIOLATION OF SECTION 16-17-700(A)(1) MAY BRING AN ACTION AGAINST THE PERSON CONVICTED OF THE VIOLATION TO RECOVER ACTUAL AND PUNITIVE DAMAGES PLUS COSTS AND ATTORNEY'S FEES.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 418 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSCRIBER CHARGES FOR E-911 SERVICES, SO AS TO ESTABLISH THE AMOUNT OF THE LEVY FOR EACH CMRS CONNECTION AT THE SAME RATE AS THE AVERAGE MONTHLY LOCAL EXCHANGE ACCESS FACILITY 911 CHARGE, AND TO AMEND SECTION 23-47-65, RELATING TO THE CMRS EMERGENCY TELEPHONE ADVISORY COMMITTEE, SO AS TO REVISE THE RESPONSIBILITIES OF THE COMMITTEE AND TO DELETE THE COMMITTEE'S SCHEDULED TERMINATION DATE OF AUGUST 1, 2001.

Ordered for consideration tomorrow.

Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:

S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM

Printed Page 1236 . . . . . Wednesday, April 7, 1999
SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., April 7, 1999
Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Very respectfully,
Speaker of the House

Received as information.

H. 3188-SENATE INSISTS ON AMENDMENTS

H. 3188 (Word version) -- Reps. Knotts, Edge, Rodgers, Whatley and Simrill: A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO

Printed Page 1237 . . . . . Wednesday, April 7, 1999
SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3188 and asked for a Committee of Conference.

HOUSE CONCURRENCE

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.

Returned with concurrence.

Received as information.

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

ACTING PRESIDENT PRESIDES

At 11:37 A.M., Senator MARTIN assumed the Chair.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

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 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.

AMENDED AND CARRIED OVER

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell,

Printed Page 1238 . . . . . Wednesday, April 7, 1999
Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

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

Senator MOORE proposed the following amendment (GJK\20541AC99), which was adopted:

Amend the bill, as and if amended, by striking SECTIONS 2 through 5 of the bill and inserting beginning on line 39, page 7:

/   Section 58-9-2260.     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 franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees

Printed Page 1239 . . . . . Wednesday, April 7, 1999
under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.

Section 58-9-2270.   In addition to the business license tax authorized pursuant to Section 58-9-2220, 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. However, this telecommunications transition fund tax does not apply to gross income from the sale of retail telecommunications services which are subject to:

(1)   fees under franchise agreements or other contractual agreements; or

(2)   taxes under a municipal business license ordinance,
both as provided for in Section 58-9-2260.

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."

Printed Page 1240 . . . . . Wednesday, April 7, 1999

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.   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.

Senator MOORE asked unanimous consent to carry over the Bill to third reading.

There was no objection.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Point of Personal Privilege

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

PRESIDENT PRESIDES

At 11:43 A.M., the PRESIDENT assumed the Chair.

MOTION ADOPTED

On motion of Senators LAND and WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Joseph O. Rogers, Jr. of Manning, S.C., attorney and former member of the South Carolina House of Representatives.

ADJOURNMENT

At 11:50 A.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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