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. Paul to the Corinthians in his first letter to them (I Cor. 3:16):
"Don't you know that you, yourselves, are God's temple and that
God's Spirit lives in You?"
Let us pray.
Father, You are the God of Heaven and the Earth. You are ever revealing Yourself to us through the marvels of created nature, all about us, in us and above us.
You are telling us who YOU are and who we are and why we are here, where we are going, and also, what we should be doing on the way.
Help us each day to learn more about ourselves and our relationship to You, the things we ought to do, the goals for which we ought to strive, the tasks we ought to take up, simply because of who we are: temples in whom dwells the Spirit of the living God.
Help us to make this a good day, showing our good side... our God-side!
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable James H. Hodges:
Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leisa Hotchkiss, 208 Greenway Drive, Greenwood, S.C. 29649 VICE Thoms W. Williams (retiring 6/30/99)
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bart S. McGuire, 510 Stonewood Drive, Greenwood, S.C. 29646
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lasonia C. Williams, 106-B Middle Street, Greenwood, S.C. 29649
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold Wayne Copeland, Route 2, Box 560, Clinton, S.C. 29325
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Committee Hearings, May 5, 1999
The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.
Coastal Carolina University
1st District, Seat 1 Mr. George D. Anderson (Myrtle Beach)
Francis Marion University
3rd District, Seat 6* Ms. Patricia C. Edmonds (Greenwood)
Mr. Joel E. Hill (Seneca)
*unexpired term
Senators MOORE and RYBERG introduced Dr. Stephen Grant of Aiken, S.C., Doctor of the Day.
The following were introduced:
S. 787 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING THE LADY BOBCATS OF SENECA HIGH SCHOOL ON WINNING THE 1999 CLASS AAA STATE CHAMPIONSHIP IN GIRLS BASKETBALL, AND COMMENDING THE PLAYERS, COACHES, AND SUPPORT STAFF FOR THEIR HARD WORK, UNITY, AND DEDICATION.
Senator ALEXANDER spoke on the Resolution.
The Senate Resolution was adopted.
S. 788 (Word version) -- Senator Moore: A SENATE RESOLUTION TO COMMEND AND EXTEND THE BEST WISHES OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO MR. JOHN C. SHIFLET, JR., UPON RETIREMENT FROM HIS MANY YEARS OF DEDICATED SERVICE TO THE JOHN DE LA HOWE SCHOOL IN MCCORMICK, SOUTH CAROLINA.
The Senate Resolution was adopted.
S. 789 (Word version) -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 26, 1999, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR MEMBER TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH BEGINS JULY 1, 1999.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
S. 790 (Word version) -- Senators Setzler and Bauer: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PASS LEGISLATION TO STRENGTHEN THE OVERSIGHT POWER AND THE AUTHORITY OF THE POSTAL RATE COMMISSION, PARTICULARLY WITH RESPECT TO THE UNITED STATES POSTAL SERVICE, AND DIRECTING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO UNDERTAKE AN ANALYSIS TO QUANTIFY THE IMPACT OF LOST TAXES AND FEES NOT BEING COLLECTED BY SOUTH CAROLINA STATE AND LOCAL AGENCIES BECAUSE OF THE POSTAL SERVICE'S SPECIAL STATUS AND TO REPORT THE FINDINGS OF THIS ANALYSIS TO THE GENERAL ASSEMBLY ANNUALLY.
The Concurrent Resolution was introduced and referred to the Committee on Finance.
S. 791 (Word version) -- Senators Gregory and Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR HUNTING DEER ON SUNDAYS ON PRIVATE LAND IN GAME ZONE 4.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 792 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONS REQUIRED TO HOLD A TEACHING LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 793 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 794 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL LICENSURE AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 795 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 796 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES OF LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2395, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 797 (Word version) -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FORMER STATE LAWMAKER WILLIAM LAW WATKINS OF ANDERSON WHO SERVED HIS NATIVE STATE OF SOUTH CAROLINA IN NUMEROUS OUTSTANDING WAYS THROUGHOUT HIS LONG AND PRODUCTIVE LIFE.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3106 (Word version) -- Rep. Harris: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND MAKE THESE PROVISIONS EFFECTIVE JULY 1, 1999.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4022 (Word version) -- Reps. Rhoad, Koon and Knotts: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MS. JUNE M. JOHNSTON OF LEXINGTON COUNTY FOR HER OUTSTANDING SERVICE AND DEDICATION TO CHILDREN WITH SPECIAL NEEDS AND TO CONGRATULATE HER ON RECEIVING THE 1998 ACCESSIBILITY AWARD BY THE ARC OF THE MIDLANDS, ADVOCATES FOR THE RIGHTS OF CITIZENS WITH DISABILITIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4031 (Word version) -- Reps. G. Brown, Canty, M. McLeod, Neal and Woodrum: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF CLAYTON LOWDER, SR., FROM SUMTER COUNTY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4032 (Word version) -- Reps. Lourie, Allen, Allison, 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, 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 TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE RICHLAND NORTHEAST HIGH SCHOOL'S MODEL UNITED NATIONS TEAM AND THEIR FACULTY ADVISER AND SPONSOR, MS. LYNN WASHINGTON, ON CAPTURING THE FIRST PLACE GOLD MEDAL AWARD OF DISTINCTION AT THE NATIONAL HIGH SCHOOL MODEL UNITED NATIONS CONFERENCE HELD ANNUALLY IN NEW YORK CITY.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator COURSON from the Committee on Invitations polled out H. 3982 favorable:
H. 3982 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3988 favorable:
H. 3988 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF THE STATE OF SOUTH CAROLINA WHO HAVE DIED ON THE JOB AND TO REQUEST THAT THE GOVERNOR DECLARE APRIL 28, 1999, "WORKERS MEMORIAL DAY".
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3989 favorable:
H. 3989 (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 TO RECOGNIZE THE WEEK OF MAY 2-8, 1999, AS "ASSOCIATION WEEK", AS PROCLAIMED BY GOVERNOR JAMES H. HODGES, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.
Courson Wilson Matthews Patterson Russell O'Dell Passailaigue McGill Washington Reese
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
H. 3777 (Word version) -- Reps. R. Smith, Clyburn and Mason: A BILL TO PROVIDE FOR THE AUTHORIZED TAX MILLAGE FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY BEGINNING WITH THE YEAR 1999, AND TO REPEAL ACT 268 OF 1989 AND ACT 579 OF 1994 RELATING TO AUTHORIZED TAX MILLAGE FOR THE SCHOOL DISTRICT OF AIKEN COUNTY.
S. 421 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A PERSON WHO WAS ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES ON OR AFTER MAY, 1995, ALSO IS ELIGIBLE FOR THESE SCHOLARSHIPS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Committee on Education proposed the following amendment (L:/S-EDUC/AMEND/SBD/421.002), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following in lieu there of:
/ SECTION 1. Section 59-149-60 of the 1976 Code is amended to read:
"Section 59-149-60. The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program. In addition, students in order to be eligible for these scholarships must enroll in an eligible institution within two years of graduating from high school. The requirement to enroll in an eligible institution within two years of graduating from high school shall be extended by the number of years an individual serves on active duty in the United States Armed Forces; however, this extension may not exceed four years."
SECTION 2. Section 12-6-3385(B)(3) of the 1976 Code is amended to read:
"(3) 'Student' means an individual enrolled in an institution of higher learning:
(a) eligible for in-state tuition and fees as determined pursuant to Chapter 112 of Title 59 and applicable regulations;
(b) who at the end of the taxable year for which the credit is claimed has completed at least fifteen credit hours a semester, or its equivalent, as determined by the Commission on Higher Education, for every regular semester ending during the applicable taxable year, and who is admitted, enrolled, and classified as a degree-seeking undergraduate or enrolled in a certificate or diploma program of at least one year;
(c) who, within twelve months before enrolling:
(i) graduated from a high school in this State;
(ii) successfully completed a high school home school program in this State in the manner required by law; or
(iii) graduated from a preparatory high school outside this State while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent; or
(iv) was discharged from the United States Armed Forces active duty after enlisting within three months of graduation from high school and serving for a period not to exceed four years."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator BRYAN 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.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
S. 772 (Word version) -- Senators Hutto and Washington: A BILL TO REPEAL ACT 453 OF 1998, RELATING TO ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION.
S. 786 (Word version) -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE THE PER DIEM MEMBERS OF THE BOARD RECEIVE FOR EACH MEETING.
(By prior motion of Senator McGILL)
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, W. McLeod, Simrill, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
On motion of Senator ANDERSON, with unanimous consent, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
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.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
On motion of Senator MOORE, the Joint Resolution was carried over.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (JUD003.005) proposed by Senators RYBERG and BRYAN and previously printed in the Journal of March 25, 1999.
On motion of Senator MOORE, with unanimous consent, the Bill was removed from the status of Adjourned Debate and placed on the third reading statewide Calendar.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
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, 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 spoke on the Bill.
Senator MOORE proposed the following Amendment No. 1 (JUD3276.002), which was not adopted:
Amend the bill, as and if amended, page 4, beginning on line 41, in Section 58-9-2220(1), as contained in SECTION 1, by striking item (1) in its entirety and inserting therein the following:
/ (1) A business license tax levied by a municipality upon retail telecommunications services shall not exceed three 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 in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income. /
Amend the bill further, as and if amended, page 7, beginning on line 39, in Sections 58-9-2260 and 58-9-2270, as contained in SECTION 1, by striking Sections 58-9-2260 and 58-9-2270 in their entirety and inserting therein the following:
/ 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 April 28, 1999, 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 the franchise agreement or other contractual agreement until the franchise agreement or contractual agreement expires. In the event that a municipality collects the fees under a franchise agreement or other contractual agreement herein, then the 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 April 28, 1999, 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 the tax under the ordinance, instead of the business license tax permitted under this article." /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The question then was the adoption of the amendment.
Alexander Anderson Bauer Branton Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Ravenel Reese Russell Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Washington Wilson
The amendment was not adopted.
Senator RANKIN spoke on the Bill.
Senator RYBERG proposed the following Amendment No. 2 (3276R002.WGR), which was adopted:
Amend the bill, as and if amended, page 9, at the end of Section 58-9-2270, by adding a new code section to read:
/ Section 58-9-2275. Any municipality imposing a franchise fee pursuant to this article must direct the provider of telecommunication services to place upon a customer's bill for service "______________ (name of municipality) municipal tax" followed by the amount of the tax. The provider of the telecommunication service must place this notation on the bill irrespective of whether it had been directed to do so by the municipality." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senator RAVENEL argued contra to the Bill.
On motion of Senator MOORE, with unanimous consent, debate was interrupted by adjournment, with Senator RAVENEL retaining the floor.
Having received a favorable report from the Greenwood County Delegation, the following appointments were confirmed in open session:
Initial Appointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Leisa Hotchkiss, 208 Greenway Drive, Greenwood, S.C. 29649 VICE Thoms W. Williams (retiring 6/30/99)
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Bart S. McGuire, 510 Stonewood Drive, Greenwood, S.C. 29646
Reappointment, Greenwood County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Lasonia C. Williams, 106-B Middle Street, Greenwood, S.C. 29649
Having received a favorable report from the Laurens County Delegation, the following appointment was confirmed in open session:
Reappointment, Laurens County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003:
Harold Wayne Copeland, Route 2, Box 560, Clinton, S.C. 29325
On motion of Senators HUTTO and MATTHEWS, with unanimous consent, the Senate stood adjourned out of respect to the memory of the Reverend Dr. Lee Malcolm Tyler of Orangeburg, S.C., the long-time principal of Norfield Twelve Year School (later Hunter-Kinard-Tyler School).
At 1:02 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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