Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 143:1: "O Lord, hear my prayer, listen to my cry for mercy."
Let us pray. Our gracious heavenly Father, thank You for all the love and blessings You have showered upon us. Bless these men and women of all callings and all responsibilities to do Your work in this place. Give them discerning minds, eager to know Your will and do it joyfully. Provide for them Your caring and give them a caring spirit. Look in favor upon our Nation, our President, our Governor, our State and her leaders. Protect our defenders of freedom and return them safely home. Hear us as we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Camille Cunningham Sharp of Allendale, which was agreed to.
The following was introduced:
H. 4643 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE THE TEACHERS, PARENTS, STUDENTS, AND SCHOOL OFFICIALS OF WOODRUFF HIGH SCHOOL IN SPARTANBURG COUNTY ON THE SCHOOL'S IMPRESSIVE RECOGNITION AS A NATIONAL BLUE RIBBON SCHOOL AWARD WINNER.
The Resolution was adopted.
The following was introduced:
H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4645 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES AFTER STANDING AT THE INTERSECTION FOR AT LEAST THIRTY SECONDS WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.
Referred to Committee on Education and Public Works
H. 4647 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ALONG A SECONDARY HIGHWAY OR STREET, SO AS TO PROVIDE THAT A GOLF CART EQUIPPED WITH HEADLIGHTS AND TAILLIGHTS MAY BE OPERATED AT NIGHT.
Referred to Committee on Education and Public Works
H. 4648 (Word version) -- Reps. Sinclair, Whipper, McLeod, G. M. Smith, Rutherford, Weeks, Agnew, Altman, Bannister, Clemmons, Coleman, Delleney, Harrison, Jennings, Lucas, F. N. Smith, W. D. Smith, Talley and Viers: A BILL TO AMEND SECTION 9-8-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETURN OF BENEFICIARIES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS TO THE SERVICE OF THE STATE; SO AS TO REMOVE THE PROHIBITION ON RETIRED JUSTICES OR JUDGES FROM RECEIVING PAY WHILE PERFORMING JUDICIAL DUTIES AT THE CALL OR APPOINTMENT OF THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROVIDE THAT THEY BE PAID A STIPEND IN ADDITION TO MILEAGE AND PER DIEM WHEN THEY ARE PERFORMING JUDICIAL DUTIES, AND TO PROVIDE A CAP ON THE SALARY THEY MAY EARN FOR SERVING IN THIS RETIRED CAPACITY.
Referred to Committee on Ways and Means
S. 150 (Word version) -- Senators Campsen, Fair and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO THE PUBLIC; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT.
Referred to Committee on Judiciary
S. 1031 (Word version) -- Senators Campsen, McConnell, Martin, Peeler, Bryant, Mescher, Grooms, Hayes, Ryberg, Richardson, Fair, Leatherman, Alexander, Scott, Gregory, Thomas, Courson, O'Dell, Ritchie, Verdin, Leventis, Ford and Drummond: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE TAKING OF PRIVATE PROPERTY, SO AS TO PROVIDE THAT PRIVATE PROPERTY SHALL NOT BE CONDEMNED BY EMINENT DOMAIN FOR ANY PURPOSE OR BENEFIT, INCLUDING, BUT NOT LIMITED TO, THE PURPOSE OR BENEFIT OF ECONOMIC DEVELOPMENT, UNLESS THE CONDEMNATION IS FOR PUBLIC USE.
Referred to Committee on Judiciary
S. 1136 (Word version) -- Senators Knotts, Cromer, Setzler and Courson: A BILL TO AMEND ACT 378 OF 2004, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY RELIEF ACT, SO AS TO PROVIDE THAT THE REVENUES ALLOTTED TO A SCHOOL DISTRICT BE USED TO PROVIDE A NONREFUNDABLE CREDIT AGAINST THE SCHOOL PROPERTY TAX LIABILITY ON PROPERTY TAXABLE IN THE DISTRICT AND THAT THE LIABILITY BE DETERMINED BY USING THE APPRAISED VALUE OF THE TAXABLE PROPERTY BEFORE THE HOMESTEAD EXEMPTION IN SECTION 12-37-250.
Referred to Committee on Ways and Means
The following was introduced:
H. 4646 (Word version) -- Reps. Townsend and Skelton: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-FOUR SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2006 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4649 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO HONOR THE LAKE ROBINSON RESCUE SQUAD OF HARTSVILLE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO RECOGNIZE THE SQUAD'S HISTORY OF SERVICE TO THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Bannister Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Emory Frye Funderburk Govan Hagood Hamilton Hardwick Harrell Harrison Haskins Herbkersman J. Hines M. Hines Hinson Hiott Hodges Hosey Howard Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Mitchell Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, February 14.
Nikki Haley Jackie Hayes Chip Huggins Kenneth Kennedy Bill Cotty David Weeks Tracy Edge Edward H. "Ted" Pitts Jeffrey D. Duncan Seth Whipper
The SPEAKER granted Rep. COLEMAN a leave of absence for the week due to chaperoning a school trip with his children.
Announcement was made that Dr. Dale Gordineer of Edgefield is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or
co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4334 (Word version)
Date: ADD:
02/14/06 CLARK
Bill Number: H. 4347 (Word version)
Date: ADD:
02/14/06 NEILSON
Bill Number: H. 4351 (Word version)
Date: ADD:
02/14/06 BOWERS
Bill Number: H. 4427 (Word version)
Date: ADD:
02/14/06 MITCHELL
Bill Number: H. 4428 (Word version)
Date: ADD:
02/14/06 MAHAFFEY
Bill Number: H. 4428 (Word version)
Date: ADD:
02/14/06 SCOTT
Bill Number: H. 4631 (Word version)
Date: ADD:
02/14/06 CEIPS
Bill Number: H. 4641 (Word version)
Date: ADD:
02/14/06 TOOLE
Bill Number: H. 4624 (Word version)
Date: ADD:
02/14/06 TOWNSEND
Bill Number: H. 3313 (Word version)
Date: REMOVE:
02/14/06 CEIPS
Bill Number: H. 4488 (Word version)
Date: REMOVE:
02/14/06 MAHAFFEY
The following Joint Resolution was taken up:
H. 4239 (Word version) -- Reps. Umphlett, Dantzler, Hinson and Jefferson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24 OF ARTICLE III, SECTION 3 OF ARTICLE VI, AND SECTION 1A OF ARTICLE XVII, TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DUAL OFFICEHOLDING AND QUALIFICATION FOR OFFICE, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST HOLDING TWO OFFICES DOES NOT APPLY TO COMMISSIONED LAW ENFORCEMENT OFFICERS EMPLOYED BY A COUNTY AND MUNICIPAL POLICE OFFICERS EMPLOYED IN A COUNTY IN WHICH THEY DO NOT RESIDE WHO HOLD ANOTHER OFFICE.
Rep. UMPHLETT explained the Joint Resolution.
Rep. M. A. PITTS spoke in favor of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Clyburn Cooper Dantzler Davenport Delleney Edge Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Herbkersman J. Hines Hinson Hosey Huggins Jefferson Leach Limehouse Lucas Martin McCraw McGee McLeod Merrill Miller Mitchell Neilson Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rutherford Sandifer Simrill Sinclair D. C. Smith G. R. Smith J. R. Smith W. D. Smith Stewart Taylor Thompson Toole Tripp Umphlett Vaughn Vick White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Branham Breeland G. Brown J. Brown R. Brown Coates Cobb-Hunter Cotty Emory Frye Funderburk Govan M. Hines Hodges Howard Jennings Kirsh Littlejohn Mack Mahaffey Moody-Lawrence J. H. Neal Norman Ott Perry Scott Skelton G. M. Smith J. E. Smith Talley Walker
So, the Joint Resolution was rejected.
The following Bill was taken up:
H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey and Scott: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3602DW06):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Competitive Cable Services Act".
SECTION 2. Chapter 12 of Title 58 of the 1976 Code is amended by adding:
Section 58-12-5. (A) Competition between cable television, satellite, and other providers has and continues to promote additional consumer choices for cable service and similar services, and the technology used to provide these services is not constrained or limited by municipal or county boundaries. Accordingly, it is appropriate for the General Assembly to review and update the policy of this State with regard to these services. The General Assembly finds that revising the current system of regulation of these services will relieve consumers of unnecessary costs and burdens, encourage investment, and promote deployment of innovative offerings that provide competitive choices for consumers. The General Assembly further finds that a streamlined policy framework providing statewide uniformity is necessary to allow these functionally equivalent services to compete fairly and to deploy new consumer services more quickly.
(B) This chapter occupies the entire field of franchising or otherwise regulating cable service and pre-empts any ordinance, resolution, or similar matter adopted by a municipality or county that purports to address franchising or otherwise regulating cable service."
SECTION 3. Sections 58-12-10 through 58-12-130 of Chapter 12 of Title 58 of the 1976 Code are designated as Article 2, Franchising by Counties and Municipalities.
SECTION 4. Chapter 12 of Title 58 of the 1976 Code is amended by adding:
Section 58-12-300. As used in this article, the following terms mean:
(1) 'Cable service' is defined as set forth in Section 58-9-2200(4).
(2) 'Cable service provider' means a person or entity who provides cable service over a cable system.
(3) 'Cable system' is defined as set forth in 47 U.S.C. 522(7).
(4) 'Franchise' means an initial authorization, or renewal of an authorization, issued by a franchising authority regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable services network in the public rights-of-way.
(5) 'Franchising authority' means a governmental entity empowered by federal, state, or local law to grant a franchise for cable services. With regard to the holder of a state-issued certificate of franchise authority within the areas covered by the certificate, the Secretary of State is the sole franchising authority.
(6) 'Gross revenues' means all revenues received from customers for the provision of cable services. Gross revenues shall not include:
(a) any tax, surcharge, or governmental fee including, but not limited to, the municipal business license tax and any franchise fees;
(b) any revenue not actually received, even if billed, such as bad debt;
(c) any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide video programming;
(d) refunds, rebates, or discounts;
(e) late fees, returned check fees, or interest;
(f) sales or rental of property;
(g) installation of services and inside wiring;
(h) any revenues from services provided over the network that are associated with or classified as noncable services under federal law, including without limitation revenues received from telecommunications services, information services, Internet access services, advertising, home-shopping services, and the sale of any type of property. Where the sale of any such noncable service is bundled with the sale of any cable service or services and sold for a single nonitemized price, the term 'gross revenues' shall include only those revenues that are attributable to cable services based on the provider's books and records;
(i) sales for resale with respect to which the purchaser is required to pay a franchise fee;
(j) any reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming.
(7) 'Incumbent cable service provider' means the cable service provider serving the largest number of subscribers in a particular municipality or in the unincorporated area of a county on the effective date of this article.
(8) 'Public right-of-way' means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway.
(9) 'Video programming' means programming provided by, or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 U.S.C. Section 522(20).
Section 58-12-310. (A) Except as provided in Section 58-12-325, a person or entity providing cable service in this State on the effective date of this article under a franchise previously granted by the governing body of a municipality or county is not subject to nor may it avail itself of the state-issued certificate of franchise authority provisions of this article with respect to the municipality or county until the franchise expires. Notwithstanding the foregoing, any such cable service provider may seek authorization to provide service in areas where it currently does not have an existing franchise agreement pursuant to provisions of this article.
(B) Subject to the provisions of subsection (A), a person or entity seeking to provide cable service over a cable system in this State after the effective date of this article must file an application for a state-issued certificate of franchise authority with the Secretary of State as required by this section. The application must be on a form to be established by the Secretary of State and must be accompanied by a fee, not to exceed one hundred ten dollars, to be established by the Secretary of State. If the person or entity is not authorized by other provisions of law to construct, maintain, or operate any type of facilities in the public rights-of-way, the person or entity shall file such an application before constructing, maintaining, or installing any facilities in the public rights-of-way. If the person or entity is authorized by other provisions of law to construct, maintain, or operate any type of facilities in the public rights of way, the person or entity shall file the application before providing cable service over a cable system in any given service area. A holder of a state-issued certificate of franchise authority who seeks to amend the certificate to include additional areas to be served shall file an amended application with the Secretary of State that reflects the new service areas to be served.
(C) Within ten days of receipt of an affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming the information provided in this subsection, the Secretary of State shall issue a certificate of franchise authority authorizing the applicant to offer cable service in this State. The affidavit must affirm the following:
(1) that the applicant agrees to comply with all applicable federal and state laws and regulations;
(2) a written description of the municipalities and unincorporated areas of counties to be served, in whole or in part, by the applicant, which written description must be amended by the applicant before the provision of cable service within an area not described in a previous application or amendment filed by the applicant. For purposes of this subsection, a map or other graphic representation may supplement, but not substitute for, the written description;
(3) the location of the principal place of business and the names of the principal executive officers of the applicant.
(D) The certificate of franchise authority issued by the Secretary of State shall contain the following:
(1) a nonexclusive grant of authority to provide cable service in the areas set forth in the application; and
(2) a nonexclusive grant of authority to construct, maintain, and operate facilities along, across, or on public right-of-way in the delivery of that service, subject to the laws of this State including the lawful exercise of police powers of the municipalities and counties in which the service is delivered.
(E) The certificate of franchise authority issued by the Secretary of State is fully transferable to a successor in interest to the applicant to which it is initially granted. A notice of transfer must be filed with the Secretary of State within ten days of the completion of the transfer. The Secretary of State is neither required nor authorized to act upon the notice.
(F) The certificate of state franchise authority issued pursuant to this article may be terminated by the cable service provider by submitting written notice of the termination to the Secretary of State. The Secretary of State is neither required nor authorized to act upon such notice.
(G) The state-issued certificate of franchise authority issued pursuant to this article supersedes and is in lieu of any franchise authority or approval required by Sections 58-12-10 and 58-12-30.
(H) The Secretary of State shall keep for public examination a record of all certificates applied for or granted pursuant to the provisions of this article.
Section 58-12-320. (A) For purposes of this article, a cable service provider is deemed to have or have had a franchise to provide cable service in a specific municipality or unincorporated areas of a county if any predecessor entity of the cable service provider has or, after July 1, 2005, had a cable franchise agreement granted by that specific municipality or county.
(B) The terms 'predecessor or successor entity' in this section shall include, but not be limited to, an entity receiving, obtaining, or operating under a municipal or county cable franchise through merger, sale, assignment, restructuring, or any other type of transaction.
Section 58-12-325. At the time that any certificate of franchise authority is issued by the Secretary of State, the Secretary of State immediately shall post information relating to the certificate, including specifically all municipalities and counties described pursuant to Section 58-12-310(C)(2). At any time on or after the date of issuance of any certificate of franchise authority, any cable service provider serving the described municipalities and counties shall have the option to terminate existing franchises previously issued by those municipalities and counties and instead offer cable service in those municipalities and counties under a certificate of franchise authority that the Secretary of State shall issue in accordance with the requirements of Section 58-12-310. A cable service provider exercising its termination option shall file a statement of termination with the Secretary of State in a form as required by the Secretary of State and submit copies of such filing with any affected municipalities or counties. Termination of existing franchises is effective immediately upon issuance of a certificate of franchising authority by the Secretary of State granting authority to provide cable service in the described municipalities and counties. Upon termination of existing franchises as provided in this section, the cable service provided by the provider exercising its termination option is governed by the provisions of this article in those municipalities and counties where the franchises have been terminated. The termination option of this section applies only with respect to municipalities and counties which have been described pursuant to Section 58-12-310(C)(2) by a holder of a state certificate of franchise authority and not with respect to franchises issued by other municipalities and counties.
Section 58-12-330. (A) The holder of a state-issued certificate of franchise authority may be required, pursuant to an ordinance or resolution duly adopted by a municipality or county, to pay a franchise fee equal to a specified percentage of the holder's gross revenues received from the provision of cable service to customers located within the municipality or unincorporated areas of the county; provided, however, that the percentage, hereafter referred to as the 'state-issued certificate holder's franchise fee rate,' must not exceed the lesser of the incumbent cable service provider's franchise fee rate imposed by the municipality or county, if any, or five percent of the holder's gross revenues as defined in this article. The ordinance or resolution imposing the franchise fee must set forth the state-issued certificate holder's franchise fee rate. No change to the ordinance is effective earlier than forty-five days after the municipality or county provides each state-issued certificate holder written notice of the change.
(B) The holder of a state-issued certificate of franchise authority must pay the amount of the franchise fees payable under this section quarterly to the affected municipalities and counties. Each quarterly payment must be made within thirty days after the end of the quarter for the preceding calendar quarter. Each payment must be accompanied by a statement showing, for the quarter covered by the payment, the state-issued certificate holder's gross revenues attributable to the municipality or unincorporated areas of the county that imposes a state-issued certificate holder's franchise fee; the applicable state-issued certificate holder's franchise fee rate for the municipality or county, and the portion of the aggregate payment attributable to the municipality or county. Any supporting statements are confidential and are exempt from disclosure under any provision of state law including, without limitation, the Freedom of Information Act.
(C) The holder of a state-issued certificate of franchise authority may designate that portion of a subscriber's bill attributable to a franchise fee imposed pursuant to this article and may recover such amount from the subscriber as a separate item on the bill.
(D) No municipality or county shall levy a tax, license, fee, or other assessment on a cable service provider other than the franchise fee authorized by this section or a cable franchise fee imposed upon a cable service provider before January 1, 2006; provided, that nothing in this article shall restrict the right of a municipality or county to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipality or county.
(E) The franchise fee allowed by this section is in lieu of a permit fee, encroachment fee, degradation fee, or other fee assessed on a holder of a state-issued certificate of franchise authority for its occupation of or work within the public rights-of-way.
Section 58-12-340. (A) A municipality or county may, upon reasonable written request but no more than once with respect to any given period, review the business records of a cable service provider to the extent necessary to ensure payment of the franchise fee in accordance with Section 58-12-330.
(B) No municipality, county, or holder of a state-issued certificate of franchise authority may bring any suit arising out of or relating to the amounts allegedly due to a municipality or county under Section 58-12-330, unless that entity has first initiated good-faith settlement discussions in accordance with the negotiation and mediation procedures set forth in subsection (C). All negotiations and mediation pursuant to this section must be confidential and must be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and South Carolina Rules of Evidence.
(C) A municipality, county, or holder of a state-issued certificate of franchise authority shall give the other party written notice of any dispute not resolved in the normal course of business. Representatives of both parties, with authority to settle the dispute, must meet at a mutually agreeable time and place within thirty calendar days after receipt of such notice, and thereafter as often as reasonably deemed necessary, to exchange relevant information and attempt to resolve the dispute. If the dispute has not been resolved within sixty calendar days after receipt of the notice, either the municipality, the county, or the holder of a state-issued certificate of franchise authority may initiate nonbinding mediation. The mediation must be conducted in accordance with the South Carolina Circuit Court Alternative Dispute Resolution Rules and must take place at a mutually agreeable time and location.
(D) Any suit with respect to a dispute arising out of or relating to the amount of the franchise fee allegedly due to a municipality or county under Section 58-12-330 must be filed by the municipality or county seeking to recover an additional amount alleged to be due, or by the holder of a state-issued certificate of franchise authority seeking a refund of an alleged overpayment, in a court of competent jurisdiction within three years following the end of the quarter to which the disputed amount relates; provided, however, that the time period may be extended by written agreement between the holder of a state-issued certificate of franchise authority and a municipality or county. Good faith participation in and completion of the negotiation and mediation procedures set forth in subsection (C) shall be a condition precedent to proceeding with the suit beyond its filing to toll the limitations period set forth in this subsection.
(E) Each party shall bear its own costs incurred in connection with any and all of the activities and procedures set forth in this section. A municipality or county may not employ, appoint, or retain any person or entity for compensation that is dependent in any manner upon the outcome of any such audit, including without limitation the audit findings or the recovery of fees or other payment by the municipality or county. A person or entity may not solicit or accept compensation dependent in any manner upon the outcome of any such audit, including without limitation, the audit findings or the recovery of fees or other payment by the municipality or county.
Section 58-12-350. No franchising authority, state agency, or political subdivision of the State may impose any cable system construction or cable service deployment build-out requirements on a holder of a state-issued certificate of franchise authority.
Section 58-12-360. The holder of a state-issued certificate of franchise authority must comply with all applicable federal customer service requirements. The South Carolina Office of Consumer Affairs must receive complaints from customers of the holder of a state-issued certificate of franchise authority in accordance with Section 37-6-117.
Section 58-12-370. (A) Not later than one hundred twenty days after a request by a municipality or county, the holder of a state-issued certificate of franchise authority shall provide the municipality or county in which it provides cable service with capacity in its network to allow public, educational, and governmental (PEG) access channels for noncommercial programming consistent with this section.
(B) The holder of a state-issued certificate of franchise authority shall provide the same number of PEG access channels a municipality or county has activated under the incumbent cable service provider's franchise agreement as of the date of the holder's application or amended application for a state-issued certificate of franchise authority. If a municipality or county did not have PEG access channels as of the date of the holder's application or amended application for a state-issued certificate of franchise authority, the cable service provider shall furnish upon written request by that municipality or county up to three PEG channels for a municipality or county with a population of at least fifty thousand and up to two PEG channels for a municipality or county with a population of less than fifty thousand.
(C) Any PEG channel provided pursuant to this section that is not utilized by the municipality or county for at least eight hours a day may no longer be made available to the municipality or county, but may be programmed at the cable service provider's discretion. At such time as the municipality or county can certify to the cable service provider a schedule for at least eight hours of daily programming, the cable service provider must restore the previously lost channel but is under no obligation to carry that channel on a basic or analog tier.
(D) If a municipality or county has not utilized the maximum number of access channels as permitted by subsection (B), access to the additional channel capacity allowed in subsection (B) may be provided upon one hundred twenty days request only if the municipality or county can demonstrate that all activated PEG channels are 'substantially utilized'. PEG channels must be considered 'substantially utilized' when twelve hours are programmed on that channel each calendar day. In addition, at least forty percent of the twelve hours of programming for each business day on average over each calendar quarter must be nonrepeat programming. Nonrepeat programming must include the first three video castings of a program.
(E) The operation of any PEG access channel provided pursuant to this section is the responsibility of the municipality, the county, or the Educational Television Commission receiving the benefit of the channel and the holder of a state-issued certificate of franchise authority bears only the responsibility for the transmission of the channel. The holder of a state-issued certificate of franchise authority must be responsible for providing the connectivity to each PEG access channel distribution point up to the first two hundred feet.
(F) The municipality, the county, or the Educational Television Commission shall ensure that all transmissions of content and programming provided by or arranged by them to be transmitted over a PEG channel by a holder of a state-issued certificate of franchise authority are provided and submitted to the cable service provider in a manner or form that is capable of being accepted and transmitted by the provider over its network without further alteration or change in the content or transmission signal, and which is compatible with the technology or protocol utilized by the cable service provider to deliver its cable services.
(G) Where technically feasible, the holder of a state-issued certificate of franchise authority and an incumbent cable service provider must use reasonable efforts to interconnect their cable systems on mutually acceptable and reasonable terms for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection. Holders of a state-issued certificate of franchise authority and incumbent cable service providers shall negotiate in good faith and incumbent cable service providers may not unreasonably withhold interconnection of PEG channels.
(H) A holder of a state-issued certificate of franchise authority is not required to interconnect for, or otherwise to transmit, PEG content that is branded with the logo, name, or other identifying marks of another cable service provider, and a municipality or county may require a cable service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available to another provider.
Section 58-12-380. (A) A cable service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which the group resides.
(B) If requested by the Secretary of State, the Attorney General shall investigate an alleged violation of subsection (A). A potential residential subscriber who has been denied service, or the Secretary of State acting on behalf of a subscriber in the capacity as franchising authority, may seek injunctive relief and enforcement of the requirements of subsection (A) by initiating a proceeding in the circuit courts of this State or in any federal court of competent jurisdiction. If requested by the Secretary of State, the Attorney General shall represent the Secretary of State in any proceeding pursuant to this section.
(C) An enforcement action initiated pursuant to subsection (B), may not be barred merely on the basis of a showing that the potential residential subscriber alleging the denial of access to service does not reside within the description of the municipalities and unincorporated areas of counties to be served by the cable service provider that is provided in an application or amended application for a state-issued certificate of franchise authority. The Secretary of State, however, must not withhold or deny a state-issued certificate of franchise authority due to an alleged violation of subsection (A).
(D) For purposes of determining whether a holder of a state-issued certificate of franchise authority has violated Section 58-12-380(A), cost, density, distance, and technological or commercial limitations must be taken into account, and the holder of the state-issued certificate shall have a reasonable time to deploy its service. Use of alternative technologies that provide different or comparable content, service, and functionality may not be considered a violation of this section. The inability to serve a potential residential subscriber because a holder of a state-issued certificate is prohibited from placing its own facilities in a building or property may not be found to be a violation of this section. This section may not be construed as authorizing any build-out requirements on a holder of a state-issued certificate of franchise authority.
Section 58-12-390. Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this article, the court must order the holder of the state-issued certificate of franchise authority, within a specified reasonable period of time, to cure the noncompliance.
Section 58-12-400. (A) The following sections of Article 2, Chapter 12 of Title 58 shall apply to a cable service provider who has been granted a state-issued certificate of franchise authority under this article: Sections 58-12-20, 58-12-30(d) and (f), 58-12-60, 58-12-70, 58-12-110, 58-12-130(A) and (C).
(B) In addition to the above, each holder of a state-issued certificate of franchise authority must make available one six megahertz channel if it is using analog transmission technology to deliver local broadcast television programming to subscribers over its network, or one standard digital channel if it is using digital technology for such purpose, for the transmissions of the Educational Television Commission.
(C) The following sections of Article 2, Chapter 12 of Title 58 shall not apply to a cable service provider who has been granted a state-issued certificate of franchise authority: Sections 58-12-10, 58-12-30(a)(b)(c)(e), 58-12-40, 58-12-50, 58-12-80, 58-12-90, 58-12-100, 58-12-120, 58-12-130(B)."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
Rep. G. R. SMITH requested debate on the Bill.
Rep. SANDIFER continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. G. BROWN moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4650 (Word version) -- Rep. Bowers: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MS. ISABELLE TAYLOR FLOYD OF HAMPTON COUNTY FOR HER LIFELONG SERVICE AND GENEROSITY TO HER CHURCH, HER COMMUNITY, AND THIS STATE.
The Resolution was adopted.
The following was introduced:
H. 4651 (Word version) -- Reps. Frye, Clark and Stewart: A HOUSE RESOLUTION TO CONGRATULATE THE BATESBURG-LEESVILLE HIGH SCHOOL FOOTBALL TEAM OF LEXINGTON COUNTY ON ITS MOST IMPRESSIVE CAPTURING OF THE CLASS AA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND THEIR COACHING STAFF, LED BY HEAD COACH COURTNEY MCINNIS, ON AN UNFORGETTABLE SEASON.
The Resolution was adopted.
The following was introduced:
H. 4652 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO HONOR AND CONGRATULATE EDWIN CRAIG STEPHENS III OF MULLINS FOR HIS EXCEPTIONAL ACHIEVEMENT IN BECOMING AN EAGLE SCOUT AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4653 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE CONSTITUTIONAL BALLOT COMMISSION TO REVIEW THE LANGUAGE OF PROPOSED AMENDMENTS TO THE CONSTITUTION OF THIS STATE PROVIDING FOR ADDITIONAL PROPERTY TAX EXEMPTIONS AND DEFINING THE MANNER IN WHICH FAIR MARKET VALUE OF REAL PROPERTY IS DETERMINED WHICH MAY BE SUBMITTED TO THE QUALIFIED ELECTORS OF THIS STATE AT THE 2006 GENERAL ELECTION AND TO ENSURE THAT THE EXPLANATIONS OF THE QUESTIONS THE COMMISSION PREPARES TO BE INCLUDED ON THE BALLOT ARE WRITTEN AT AN EIGHTH GRADE READING LEVEL TO ALLOW ALL SEGMENTS OF THE POPULATION THE ABILITY TO UNDERSTAND WHAT THEY ARE VOTING ON.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 4654 (Word version) -- Rep. White: A CONCURRENT RESOLUTION TO ENCOURAGE DOG TRAINING PROGRAMS AND KENNEL CLUBS TO PROVIDE TRAINING AND EDUCATION FOR COMMUNITY PET OWNERS THAT RESULT IN DOGS BEING "CANINE GOOD CITIZENS" AND TO EXPRESS THE SUPPORT FOR THE AMERICAN KENNEL CLUB'S EFFORTS TO PROMOTE RESPONSIBLE DOG OWNERSHIP IN THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4655 (Word version) -- Reps. Haskins, Hamilton, Leach, Loftis and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-125 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS ESTABLISHMENT SELLING GASOLINE OR OTHER MOTOR FUELS AND WHICH POSSESSES A PERMIT TO SELL BEER AND WINE TO SELL REFRIGERATED OR CHILLED BEER AND WINE, TO SELL INDIVIDUAL CANS OR BOTTLES OF BEER, TO SELL MORE THAN ONE CONTAINER OF MULTIPLE BEERS TO A CUSTOMER AT ONE TIME.
Referred to Committee on Labor, Commerce and Industry
H. 4656 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A FAVORABLE REFERENDUM VOTE ALLOWING THE POSSESSION, SALE, AND ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK OR ALLOWING THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION, SO AS TO PROVIDE THAT IN ADDITION TO THE PETITION METHOD OF CALLING THE REFERENDUM, A COUNTY OR MUNICIPAL GOVERNING BODY BY ORDINANCE MAY ALSO CALL THE REQUIRED REFERENDUM.
Referred to Committee on Judiciary
H. 4657 (Word version) -- Rep. G. Brown: A BILL TO ENACT THE "SCHOOL DISTRICT OF LEE COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN LEE COUNTY FOR NOT MORE THAN FIVE YEARS, TO DEFINE GENERAL OBLIGATION BOND DEBT SERVICE FOR BONDS ISSUED TO PAY FOR CAPITAL IMPROVEMENTS MADE BY THE SCHOOL DISTRICT OF LEE COUNTY OR BONDS ISSUED TO REFUND SUCH BONDS PREVIOUSLY ISSUED, AND TO AUTHORIZE BUT NOT REQUIRE A REFERENDUM ON THE QUESTION OF IMPOSING THIS TAX.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4658 (Word version) -- Reps. Talley and Scott: A BILL TO AMEND SECTION 7-13-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT A SECOND PRIMARY MUST BE HELD FOUR WEEKS INSTEAD OF TWO WEEKS AFTER THE FIRST PRIMARY.
Referred to Committee on Judiciary
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 4428 (Word version) -- Reps. Cato, Harrell, Sandifer, Altman, Bales, Bingham, Breeland, R. Brown, G. Brown, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Edge, Haley, Hamilton, Harrison, Hayes, Herbkersman, Hiott, Howard, Huggins, Jefferson, Jennings, Kirsh, Leach, Limehouse, Mack, Merrill, McGee, J. H. Neal, Owens, Perry, Rice, Scarborough, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, G. M. Smith, J. R. Smith, Talley, Taylor, Thompson, Townsend, Vaughn, White, Witherspoon, Young, Anderson, Anthony, Battle, Funderburk, Govan, Martin, Miller, Walker, J. Brown, Clark, Branham, Bailey, Mahaffey and Scott: A BILL TO ENACT THE "SOUTH CAROLINA COMPETITIVE CABLE SERVICES ACT" INCLUDING PROVISIONS TO ADD SECTION 58-12-5 TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR A LEGISLATIVE PURPOSE, FINDINGS, PREEMPTION IN REGARD TO CABLE SERVICE AND DESIGNATE IT AS ARTICLE 1, CHAPTER 12 OF TITLE 58, TO DESIGNATE SECTIONS 58-12-10 THROUGH 58-12-130 AS ARTICLE 2 OF CHAPTER 12 OF TITLE 58; AND TO AMEND CHAPTER 12 OF TITLE 58 BY ADDING ARTICLE 3 SO AS TO PROVIDE FOR STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY AUTHORIZING THE APPLICANT TO OFFER CABLE SERVICE IN THIS STATE UNDER THE PROCEDURES AND REQUIREMENTS CONTAINED IN THIS ARTICLE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3602DW06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act is known and may be cited as the "South Carolina Competitive Cable Services Act".
SECTION 2. Chapter 12 of Title 58 of the 1976 Code is amended by adding:
Section 58-12-5. (A) Competition between cable television, satellite, and other providers has and continues to promote additional consumer choices for cable service and similar services, and the technology used to provide these services is not constrained or limited by municipal or county boundaries. Accordingly, it is appropriate for the General Assembly to review and update the policy of this State with regard to these services. The General Assembly finds that revising the current system of regulation of these services will relieve consumers of unnecessary costs and burdens, encourage investment, and promote deployment of innovative offerings that provide competitive choices for consumers. The General Assembly further finds that a streamlined policy framework providing statewide uniformity is necessary to allow these functionally equivalent services to compete fairly and to deploy new consumer services more quickly.
(B) This chapter occupies the entire field of franchising or otherwise regulating cable service and pre-empts any ordinance, resolution, or similar matter adopted by a municipality or county that purports to address franchising or otherwise regulating cable service."
SECTION 3. Sections 58-12-10 through 58-12-130 of Chapter 12 of Title 58 of the 1976 Code are designated as Article 2, Franchising by Counties and Municipalities.
SECTION 4. Chapter 12 of Title 58 of the 1976 Code is amended by adding:
Section 58-12-300. As used in this article, the following terms mean:
(1) 'Cable service' is defined as set forth in Section 58-9-2200(4).
(2) 'Cable service provider' means a person or entity who provides cable service over a cable system.
(3) 'Cable system' is defined as set forth in 47 U.S.C. 522(7).
(4) 'Franchise' means an initial authorization, or renewal of an authorization, issued by a franchising authority regardless of whether the authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, that authorizes the construction and operation of a cable services network in the public rights-of-way.
(5) 'Franchising authority' means a governmental entity empowered by federal, state, or local law to grant a franchise for cable services. With regard to the holder of a state-issued certificate of franchise authority within the areas covered by the certificate, the Secretary of State is the sole franchising authority.
(6) 'Gross revenues' means all revenues received from customers for the provision of cable services. Gross revenues shall not include:
(a) any tax, surcharge, or governmental fee including, but not limited to, the municipal business license tax and any franchise fees;
(b) any revenue not actually received, even if billed, such as bad debt;
(c) any revenue received by any affiliate or any other person in exchange for supplying goods or services used by the provider to provide video programming;
(d) refunds, rebates, or discounts;
(e) late fees, returned check fees, or interest;
(f) sales or rental of property;
(g) installation of services and inside wiring;
(h) any revenues from services provided over the network that are associated with or classified as noncable services under federal law, including without limitation revenues received from telecommunications services, information services, Internet access services, advertising, home-shopping services, and the sale of any type of property. Where the sale of any such noncable service is bundled with the sale of any cable service or services and sold for a single nonitemized price, the term 'gross revenues' shall include only those revenues that are attributable to cable services based on the provider's books and records;
(i) sales for resale with respect to which the purchaser is required to pay a franchise fee;
(j) any reimbursement of costs including, but not limited to, the reimbursements by programmers of marketing costs incurred for the promotion or introduction of video programming.
(7) 'Incumbent cable service provider' means the cable service provider serving the largest number of subscribers in a particular municipality or in the unincorporated area of a county on the effective date of this article.
(8) 'Public right-of-way' means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, or waterway.
(9) 'Video programming' means programming provided by, or generally considered comparable to programming provided by a television broadcast station, as set forth in 47 U.S.C. Section 522(20).
Section 58-12-310. (A) Except as provided in Section 58-12-325, a person or entity providing cable service in this State on the effective date of this article under a franchise previously granted by the governing body of a municipality or county is not subject to nor may it avail itself of the state-issued certificate of franchise authority provisions of this article with respect to the municipality or county until the franchise expires. Notwithstanding the foregoing, any such cable service provider may seek authorization to provide service in areas where it currently does not have an existing franchise agreement pursuant to provisions of this article.
(B) Subject to the provisions of subsection (A), a person or entity seeking to provide cable service over a cable system in this State after the effective date of this article must file an application for a state-issued certificate of franchise authority with the Secretary of State as required by this section. The application must be on a form to be established by the Secretary of State and must be accompanied by a fee, not to exceed one hundred ten dollars, to be established by the Secretary of State. If the person or entity is not authorized by other provisions of law to construct, maintain, or operate any type of facilities in the public rights-of-way, the person or entity shall file such an application before constructing, maintaining, or installing any facilities in the public rights-of-way. If the person or entity is authorized by other provisions of law to construct, maintain, or operate any type of facilities in the public rights of way, the person or entity shall file the application before providing cable service over a cable system in any given service area. A holder of a state-issued certificate of franchise authority who seeks to amend the certificate to include additional areas to be served shall file an amended application with the Secretary of State that reflects the new service areas to be served.
(C) Within ten days of receipt of an affidavit submitted by the applicant and signed by an officer or general partner of the applicant affirming the information provided in this subsection, the Secretary of State shall issue a certificate of franchise authority authorizing the applicant to offer cable service in this State. The affidavit must affirm the following:
(1) that the applicant agrees to comply with all applicable federal and state laws and regulations;
(2) a written description of the municipalities and unincorporated areas of counties to be served, in whole or in part, by the applicant, which written description must be amended by the applicant before the provision of cable service within an area not described in a previous application or amendment filed by the applicant. For purposes of this subsection, a map or other graphic representation may supplement, but not substitute for, the written description;
(3) the location of the principal place of business and the names of the principal executive officers of the applicant.
(D) The certificate of franchise authority issued by the Secretary of State shall contain the following:
(1) a nonexclusive grant of authority to provide cable service in the areas set forth in the application; and
(2) a nonexclusive grant of authority to construct, maintain, and operate facilities along, across, or on public right-of-way in the delivery of that service, subject to the laws of this State including the lawful exercise of police powers of the municipalities and counties in which the service is delivered.
(E) The certificate of franchise authority issued by the Secretary of State is fully transferable to a successor in interest to the applicant to which it is initially granted. A notice of transfer must be filed with the Secretary of State within ten days of the completion of the transfer. The Secretary of State is neither required nor authorized to act upon the notice.
(F) The certificate of state franchise authority issued pursuant to this article may be terminated by the cable service provider by submitting written notice of the termination to the Secretary of State. The Secretary of State is neither required nor authorized to act upon such notice.
(G) The state-issued certificate of franchise authority issued pursuant to this article supersedes and is in lieu of any franchise authority or approval required by Sections 58-12-10 and 58-12-30.
(H) The Secretary of State shall keep for public examination a record of all certificates applied for or granted pursuant to the provisions of this article.
Section 58-12-320. (A) For purposes of this article, a cable service provider is deemed to have or have had a franchise to provide cable service in a specific municipality or unincorporated areas of a county if any predecessor entity of the cable service provider has or, after July 1, 2005, had a cable franchise agreement granted by that specific municipality or county.
(B) The terms 'predecessor or successor entity' in this section shall include, but not be limited to, an entity receiving, obtaining, or operating under a municipal or county cable franchise through merger, sale, assignment, restructuring, or any other type of transaction.
Section 58-12-325. At the time that any certificate of franchise authority is issued by the Secretary of State, the Secretary of State immediately shall post information relating to the certificate, including specifically all municipalities and counties described pursuant to Section 58-12-310(C)(2). At any time on or after the date of issuance of any certificate of franchise authority, any cable service provider serving the described municipalities and counties shall have the option to terminate existing franchises previously issued by those municipalities and counties and instead offer cable service in those municipalities and counties under a certificate of franchise authority that the Secretary of State shall issue in accordance with the requirements of Section 58-12-310. A cable service provider exercising its termination option shall file a statement of termination with the Secretary of State in a form as required by the Secretary of State and submit copies of such filing with any affected municipalities or counties. Termination of existing franchises is effective immediately upon issuance of a certificate of franchising authority by the Secretary of State granting authority to provide cable service in the described municipalities and counties. Upon termination of existing franchises as provided in this section, the cable service provided by the provider exercising its termination option is governed by the provisions of this article in those municipalities and counties where the franchises have been terminated. The termination option of this section applies only with respect to municipalities and counties which have been described pursuant to Section 58-12-310(C)(2) by a holder of a state certificate of franchise authority and not with respect to franchises issued by other municipalities and counties.
Section 58-12-330. (A) The holder of a state-issued certificate of franchise authority may be required, pursuant to an ordinance or resolution duly adopted by a municipality or county, to pay a franchise fee equal to a specified percentage of the holder's gross revenues received from the provision of cable service to customers located within the municipality or unincorporated areas of the county; provided, however, that the percentage, hereafter referred to as the 'state-issued certificate holder's franchise fee rate,' must not exceed the lesser of the incumbent cable service provider's franchise fee rate imposed by the municipality or county, if any, or five percent of the holder's gross revenues as defined in this article. The ordinance or resolution imposing the franchise fee must set forth the state-issued certificate holder's franchise fee rate. No change to the ordinance is effective earlier than forty-five days after the municipality or county provides each state-issued certificate holder written notice of the change.
(B) The holder of a state-issued certificate of franchise authority must pay the amount of the franchise fees payable under this section quarterly to the affected municipalities and counties. Each quarterly payment must be made within thirty days after the end of the quarter for the preceding calendar quarter. Each payment must be accompanied by a statement showing, for the quarter covered by the payment, the state-issued certificate holder's gross revenues attributable to the municipality or unincorporated areas of the county that imposes a state-issued certificate holder's franchise fee; the applicable state-issued certificate holder's franchise fee rate for the municipality or county, and the portion of the aggregate payment attributable to the municipality or county. Any supporting statements are confidential and are exempt from disclosure under any provision of state law including, without limitation, the Freedom of Information Act.
(C) The holder of a state-issued certificate of franchise authority may designate that portion of a subscriber's bill attributable to a franchise fee imposed pursuant to this article and may recover such amount from the subscriber as a separate item on the bill.
(D) No municipality or county shall levy a tax, license, fee, or other assessment on a cable service provider other than the franchise fee authorized by this section or a cable franchise fee imposed upon a cable service provider before January 1, 2006; provided, that nothing in this article shall restrict the right of a municipality or county to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipality or county.
(E) The franchise fee allowed by this section is in lieu of a permit fee, encroachment fee, degradation fee, or other fee assessed on a holder of a state-issued certificate of franchise authority for its occupation of or work within the public rights-of-way.
Section 58-12-340. (A) A municipality or county may, upon reasonable written request but no more than once with respect to any given period, review the business records of a cable service provider to the extent necessary to ensure payment of the franchise fee in accordance with Section 58-12-330.
(B) No municipality, county, or holder of a state-issued certificate of franchise authority may bring any suit arising out of or relating to the amounts allegedly due to a municipality or county under Section 58-12-330, unless that entity has first initiated good-faith settlement discussions in accordance with the negotiation and mediation procedures set forth in subsection (C). All negotiations and mediation pursuant to this section must be confidential and must be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and South Carolina Rules of Evidence.
(C) A municipality, county, or holder of a state-issued certificate of franchise authority shall give the other party written notice of any dispute not resolved in the normal course of business. Representatives of both parties, with authority to settle the dispute, must meet at a mutually agreeable time and place within thirty calendar days after receipt of such notice, and thereafter as often as reasonably deemed necessary, to exchange relevant information and attempt to resolve the dispute. If the dispute has not been resolved within sixty calendar days after receipt of the notice, either the municipality, the county, or the holder of a state-issued certificate of franchise authority may initiate nonbinding mediation. The mediation must be conducted in accordance with the South Carolina Circuit Court Alternative Dispute Resolution Rules and must take place at a mutually agreeable time and location.
(D) Any suit with respect to a dispute arising out of or relating to the amount of the franchise fee allegedly due to a municipality or county under Section 58-12-330 must be filed by the municipality or county seeking to recover an additional amount alleged to be due, or by the holder of a state-issued certificate of franchise authority seeking a refund of an alleged overpayment, in a court of competent jurisdiction within three years following the end of the quarter to which the disputed amount relates; provided, however, that the time period may be extended by written agreement between the holder of a state-issued certificate of franchise authority and a municipality or county. Good faith participation in and completion of the negotiation and mediation procedures set forth in subsection (C) shall be a condition precedent to proceeding with the suit beyond its filing to toll the limitations period set forth in this subsection.
(E) Each party shall bear its own costs incurred in connection with any and all of the activities and procedures set forth in this section. A municipality or county may not employ, appoint, or retain any person or entity for compensation that is dependent in any manner upon the outcome of any such audit, including without limitation the audit findings or the recovery of fees or other payment by the municipality or county. A person or entity may not solicit or accept compensation dependent in any manner upon the outcome of any such audit, including without limitation, the audit findings or the recovery of fees or other payment by the municipality or county.
Section 58-12-350. No franchising authority, state agency, or political subdivision of the State may impose any cable system construction or cable service deployment build-out requirements on a holder of a state-issued certificate of franchise authority.
Section 58-12-360. The holder of a state-issued certificate of franchise authority must comply with all applicable federal customer service requirements. The South Carolina Office of Consumer Affairs must receive complaints from customers of the holder of a state-issued certificate of franchise authority in accordance with Section 37-6-117.
Section 58-12-370. (A) Not later than one hundred twenty days after a request by a municipality or county, the holder of a state-issued certificate of franchise authority shall provide the municipality or county in which it provides cable service with capacity in its network to allow public, educational, and governmental (PEG) access channels for noncommercial programming consistent with this section.
(B) The holder of a state-issued certificate of franchise authority shall provide the same number of PEG access channels a municipality or county has activated under the incumbent cable service provider's franchise agreement as of the date of the holder's application or amended application for a state-issued certificate of franchise authority. If a municipality or county did not have PEG access channels as of the date of the holder's application or amended application for a state-issued certificate of franchise authority, the cable service provider shall furnish upon written request by that municipality or county up to three PEG channels for a municipality or county with a population of at least fifty thousand and up to two PEG channels for a municipality or county with a population of less than fifty thousand.
(C) Any PEG channel provided pursuant to this section that is not utilized by the municipality or county for at least eight hours a day may no longer be made available to the municipality or county, but may be programmed at the cable service provider's discretion. At such time as the municipality or county can certify to the cable service provider a schedule for at least eight hours of daily programming, the cable service provider must restore the previously lost channel but is under no obligation to carry that channel on a basic or analog tier.
(D) If a municipality or county has not utilized the maximum number of access channels as permitted by subsection (B), access to the additional channel capacity allowed in subsection (B) may be provided upon one hundred twenty days request only if the municipality or county can demonstrate that all activated PEG channels are 'substantially utilized'. PEG channels must be considered 'substantially utilized' when twelve hours are programmed on that channel each calendar day. In addition, at least forty percent of the twelve hours of programming for each business day on average over each calendar quarter must be nonrepeat programming. Nonrepeat programming must include the first three video castings of a program.
(E) The operation of any PEG access channel provided pursuant to this section is the responsibility of the municipality, the county, or the Educational Television Commission receiving the benefit of the channel and the holder of a state-issued certificate of franchise authority bears only the responsibility for the transmission of the channel. The holder of a state-issued certificate of franchise authority must be responsible for providing the connectivity to each PEG access channel distribution point up to the first two hundred feet.
(F) The municipality, the county, or the Educational Television Commission shall ensure that all transmissions of content and programming provided by or arranged by them to be transmitted over a PEG channel by a holder of a state-issued certificate of franchise authority are provided and submitted to the cable service provider in a manner or form that is capable of being accepted and transmitted by the provider over its network without further alteration or change in the content or transmission signal, and which is compatible with the technology or protocol utilized by the cable service provider to deliver its cable services.
(G) Where technically feasible, the holder of a state-issued certificate of franchise authority and an incumbent cable service provider must use reasonable efforts to interconnect their cable systems on mutually acceptable and reasonable terms for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable microwave link, satellite, or other reasonable method of connection. Holders of a state-issued certificate of franchise authority and incumbent cable service providers shall negotiate in good faith and incumbent cable service providers may not unreasonably withhold interconnection of PEG channels.
(H) A holder of a state-issued certificate of franchise authority is not required to interconnect for, or otherwise to transmit, PEG content that is branded with the logo, name, or other identifying marks of another cable service provider, and a municipality or county may require a cable service provider to remove its logo, name, or other identifying marks from PEG content that is to be made available to another provider.
Section 58-12-380. (A) A cable service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which the group resides.
(B) If requested by the Secretary of State, the Attorney General shall investigate an alleged violation of subsection (A). A potential residential subscriber who has been denied service, or the Secretary of State acting on behalf of a subscriber in the capacity as franchising authority, may seek injunctive relief and enforcement of the requirements of subsection (A) by initiating a proceeding in the circuit courts of this State or in any federal court of competent jurisdiction. If requested by the Secretary of State, the Attorney General shall represent the Secretary of State in any proceeding pursuant to this section.
(C) An enforcement action initiated pursuant to subsection (B), may not be barred merely on the basis of a showing that the potential residential subscriber alleging the denial of access to service does not reside within the description of the municipalities and unincorporated areas of counties to be served by the cable service provider that is provided in an application or amended application for a state-issued certificate of franchise authority. The Secretary of State, however, must not withhold or deny a state-issued certificate of franchise authority due to an alleged violation of subsection (A).
(D) For purposes of determining whether a holder of a state-issued certificate of franchise authority has violated Section 58-12-380(A), cost, density, distance, and technological or commercial limitations must be taken into account, and the holder of the state-issued certificate shall have a reasonable time to deploy its service. Use of alternative technologies that provide different or comparable content, service, and functionality may not be considered a violation of this section. The inability to serve a potential residential subscriber because a holder of a state-issued certificate is prohibited from placing its own facilities in a building or property may not be found to be a violation of this section. This section may not be construed as authorizing any build-out requirements on a holder of a state-issued certificate of franchise authority.
Section 58-12-390. Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this article, the court must order the holder of the state-issued certificate of franchise authority, within a specified reasonable period of time, to cure the noncompliance.
Section 58-12-400. (A) The following sections of Article 2, Chapter 12 of Title 58 shall apply to a cable service provider who has been granted a state-issued certificate of franchise authority under this article: Sections 58-12-20, 58-12-30(d) and (f), 58-12-60, 58-12-70, 58-12-110, 58-12-130(A) and (C).
(B) In addition to the above, each holder of a state-issued certificate of franchise authority must make available one six megahertz channel if it is using analog transmission technology to deliver local broadcast television programming to subscribers over its network, or one standard digital channel if it is using digital technology for such purpose, for the transmissions of the Educational Television Commission.
(C) The following sections of Article 2, Chapter 12 of Title 58 shall not apply to a cable service provider who has been granted a state-issued certificate of franchise authority: Sections 58-12-10, 58-12-30(a)(b)(c)(e), 58-12-40, 58-12-50, 58-12-80, 58-12-90, 58-12-100, 58-12-120, 58-12-130(B)."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
Reps. MCLEOD, OTT, FUNDERBURK, J. E. SMITH, THOMPSON, G. M. SMITH, PINSON, PARKS, UMPHLETT, HINSON, J. H. NEAL, CATO, SANDIFER, MCGEE, COATES, SKELTON, MAHAFFEY, LOFTIS, SCARBOROUGH, DAVENPORT, HOSEY, JEFFERSON and VICK requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3831 (Word version) -- Reps. Talley and Harrison: A BILL TO AMEND SECTION 7-7-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES WHERE ELECTORS ARE REGISTERED AND VOTE, SO AS TO PROVIDE THAT IN AN EMERGENCY SITUATION ELECTORS MAY VOTE IN A LOCATION OR AT A POLLING PLACE NOT WITHIN THE PRECINCT WHERE THE ELECTOR IS REGISTERED TO VOTE, AND TO PROVIDE CONDITIONS WHEN AN ALTERNATE POLLING PLACE MAY BE DESIGNATED.
Rep. TALLEY explained the Bill.
H. 4491 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO REVISE THE DEFINITION OF "QUALIFYING SERVICE-RELATED FACILITY" WITH RESPECT TO COMPENSATION REQUIREMENTS.
Rep. HERBKERSMAN explained the Bill.
The following Bill was taken up:
H. 4318 (Word version) -- Reps. Lucas, Altman, Vaughn, G. R. Smith, Cotty, Whipper, G. M. Smith, Moody-Lawrence, Brady and Ceips: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS OF PROTECTION FROM DOMESTIC ABUSE AND THE AUTHORITY OF THE COURT IN CONNECTION WITH ISSUING SUCH ORDERS, SO AS TO PROVIDE THAT THE COURT ALSO MAY AWARD THE COST OF MEDICAL TREATMENT RECEIVED BY THE PETITIONER AS A RESULT OF THE ABUSE THAT GAVE RISE TO THE ORDER OF PROTECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12115AC06), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 20-4-65 of the 1976 Code is amended to read:
"Section 20-4-65. (A) A person seeking an order of protection from domestic abuse pursuant to the provisions of this chapter is not required to pay the filing fee as provided for in Section 8-21-310(11)(a).
(B) If the court issues an order of protection, the court may order the respondent to pay the filing fee required by Section 8-21-310(11)(a). Failure to comply with this requirement is punishable as contempt of court."/
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4347 (Word version) -- Reps. Limehouse, Harrell, Bailey, Battle, Brady, Vaughn, Cobb-Hunter, Kirsh, Ballentine, Clyburn, Young, Mahaffey, Hinson, Vick, J. Brown, Ceips, Herbkersman, Simrill, Bales, M. A. Pitts, J. E. Smith, Hagood, Whipper and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-97 SO AS TO PROVIDE THAT A WOMAN MAY BREASTFEED HER CHILD IN ANY LOCATION WHERE THE MOTHER IS AUTHORIZED TO BE AND TO FURTHER PROVIDE THAT SUCH BREASTFEEDING IS NOT INDECENT EXPOSURE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\12117AC06), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 1, Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-97. (A) The General Assembly finds that breastfeeding, if possible, is an important and basic act of nurturing which should be encouraged in the interest of maternal and child health.
(B) A woman may breastfeed her child in any location where the mother and her child are authorized to be.
(C) Breastfeeding a child in a location where the mother is entitled to be is not considered indecent exposure."
SECTION 2. Section 16-15-130 of the 1976 Code is amended to read:
"Section 16-15-130. (A)(1) It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on property of others, or to the view of any person on a street or highway.
(2) This subsection does not apply to a woman who breastfeeds her own child in a public place, on property of others, or to the view of any person on a street or highway.
(B) A person who violates the provisions of this section subsection (A)(1) is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Concurrent Resolution was taken up:
H. 4607 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION ON INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 9 IN DILLON COUNTY IN HONOR OF RETIRED FAMILY COURT JUDGE WILLIAM J. MCLEOD IN RECOGNITION OF HIS MANY CONTRIBUTIONS, AND INSTALL APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "JUDGE BILL MCLEOD INTERCHANGE".
Whereas, in 1946, Bill McLeod entered the general practice of law in Dillon, and became an outstanding attorney, community leader, and public servant, serving as Chairman of the Dillon County Board of Education, trustee of the Dunbar Library, and Chairman of the Official Board of Main Street Methodist Church; and
Whereas, Bill McLeod represented Dillon County with distinction in the House of Representatives from 1966 until 1978; and
Whereas, the distinguished judicial career of Bill McLeod includes service as a Municipal Judge for the City of Dillon, 1953-1961; Family Court Judge, 1978-1989; Special Circuit Judge; and an Acting Associate Justice of the Supreme Court of South Carolina; and
Whereas, the members of the General Assembly, by this resolution, recognize the many contributions made by Judge Bill McLeod to the city and county of Dillon, the State of South Carolina, and the United States of America. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request the Department of Transportation to name the interchange at the intersection on Interstate Highway 95 and South Carolina Highway 9 in Dillon County in honor of retired Family Court Judge William J. McLeod and install appropriate signs or markers at this interchange containing the words "Judge Bill McLeod Interchange".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. LEACH.
The following Bill was taken up:
H. 3881 (Word version) -- Reps. Hagood, Brady, Altman, Limehouse, Scarborough, Taylor, R. Brown, Mack, Miller, Whipper, Bailey, Weeks and Funderburk: A BILL TO ENACT THE "SOUTH CAROLINA PRIORITY INVESTMENT ACT" BY AMENDING SECTION 6-29-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO AMEND THE HOUSING ELEMENT AND TO PROVIDE FOR TRANSPORTATION, INTERGOVERNMENTAL COORDINATION, AND PRIORITY INVESTMENT ELEMENTS OF COMPREHENSIVE PLANS; TO AMEND SECTION 6-29-720, RELATING TO THE REGULATION OF ZONING DISTRICTS, SO AS TO ALLOW LOCAL GOVERNMENTS TO DEVELOP MARKET-BASED INCENTIVES AND ELIMINATION OF UNNECESSARY HOUSING REGULATORY REQUIREMENTS TO ENCOURAGE PRIVATE DEVELOPMENT, TRADITIONAL NEIGHBORHOOD DESIGN, AND AFFORDABLE HOUSING IN PRIORITY INVESTMENT AREAS; TO AMEND SECTION 6-29-1110, RELATING TO DEFINITIONS, SO AS TO DEFINE "AFFORDABLE HOUSING", "MARKET-BASED INCENTIVES", "TRADITIONAL NEIGHBORHOOD DESIGN", AND "UNNECESSARY HOUSING REGULATORY REQUIREMENTS"; TO AMEND SECTION 6-29-1130, RELATING TO REGULATIONS OF A LOCAL GOVERNING BODY GOVERNING THE DEVELOPMENT OF LAND UPON THE RECOMMENDATION OF THE LOCAL PLANNING COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CONTENT OF THESE REGULATIONS RELATING TO LAND DEVELOPMENT; AND TO PROVIDE THAT LOCAL GOVERNMENTS AMEND THEIR COMPREHENSIVE PLANS TO COMPLY WITH THESE PROVISIONS WITHIN TWENTY-FOUR MONTHS OF ENACTMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\AGM\18082MM06):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Priority Investment Act".
SECTION 2. Section 6-29-510(D) of the 1976 Code is amended to read:
"(D) A local comprehensive plan must include, but not be limited to, the following planning elements:
(1) a population element which considers historic trends and projections, household numbers and sizes, educational levels, and income characteristics;
(2) an economic development element which considers labor force and labor force characteristics, employment by place of work and residence, and analysis of the economic base;
(3) a natural resources element which considers coastal resources, slope characteristics, prime agricultural and forestland, plant and animal habitats, parks and recreation areas, scenic views and sites, wetlands, and soil types. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;
(4) a cultural resources element which considers historic buildings and structures, commercial districts, residential districts, unique, natural, or scenic resources, archaeological, and other cultural resources. Where a separate board exists pursuant to this chapter, this element is the responsibility of the existing board;
(5) a community facilities element which considers transportation network; water supply, treatment, and distribution; sewage system and wastewater treatment; solid waste collection and disposal, fire protection, emergency medical services, and general government facilities; education facilities; and libraries and other cultural facilities;
(6) a housing element which considers location, types, age and condition of housing, owner and renter occupancy, and affordability of housing. This element includes an analysis to ascertain unnecessary housing regulatory requirements, as defined in this chapter, that add to the cost of developing affordable housing but are not necessary to protect the public health, safety or welfare and an analysis of market-based incentives that may be made available to encourage development of affordable housing, which incentives may include density bonuses, design flexibility, and streamlined permitting processes; and
(7) a land use element which considers existing and future land use by categories, including residential, commercial, industrial, agricultural, forestry, mining, public and quasi-public, recreation, parks, open space, and vacant or undeveloped;
(8) a transportation element that considers transportation facilities, including major road improvements, new road construction, transit projects, pedestrian and bicycle projects, and other elements of a transportation network. This element must be developed in coordination with the land use element, to ensure transportation efficiency for existing and planned development;
(9) a priority investment element that analyzes the likely federal, state, and local funds available for public infrastructure and facilities during the next ten years, and recommends the projects for expenditure of those funds during the next ten years for needed public infrastructure and facilities such as water, sewer, roads, and schools. The recommendation of those projects for public expenditure must be done through coordination with adjacent and relevant jurisdictions and agencies. For the purposes of this item, "adjacent and relevant jurisdictions and agencies" means those counties, municipalities, public service districts, school districts, public and private utilities, transportation agencies, and other public entities that are affected by or have planning authority over the public project. For the purposes of this item, "coordination" means written notification by the local planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent and relevant jurisdictions and agencies to provide comment to the planning commission or its staff concerning the proposed projects. Failure of the planning commission or its staff to identify or notify an adjacent or relevant jurisdiction or agency does not invalidate the local comprehensive plan and does not give rise to a civil cause of action."
SECTION 3. Section 6-29-720(C)(5), (6), and (7) of the 1976 Code is amended to read:
"(5) 'overlay zone' or a zone which imposes a set of requirements or relaxes a set of requirements imposed by the underlying zoning district when there is a special public interest in a particular geographic area that does not coincide with the underlying zone boundaries; and
(6) 'conditional uses' or zoning ordinance provisions that impose conditions, restrictions, or limitations on a permitted use that are in addition to the restrictions applicable to all land in the zoning district. The conditions, restrictions, or limitations must be set forth in the text of the zoning ordinance; and
(7) 'priority investment zone' in which the governing authority adopts market-based incentives or relaxes or eliminates unnecessary housing regulatory requirements, as these terms are defined in this chapter, to encourage private development in the priority investment zone. The governing authority also may provide that traditional neighborhood design and affordable housing, as these terms are defined in this chapter, must be permitted within the priority investment zone."
SECTION 4. Section 6-29-1110 of the 1976 Code is amended to read:
"Section 6-29-1110. As used in this article chapter:
(1) 'Affordable housing' means in the case of dwelling units for sale, housing in which mortgage, amortization, taxes, insurance, and condominium or association fees, if any, constitute no more than twenty-eight percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size, for the metropolitan statistical area as published from time to time by the U.S. Department of Housing and Community Development (HUD) and, in the case of dwelling units for rent, housing for which the rent and utilities constitute no more than thirty percent of the annual household income for a household earning no more than eighty percent of the area median income, by household size for the metropolitan statistical area as published from time to time by HUD.
(2) 'Land development' means the changing of land characteristics through redevelopment, construction, subdivision into parcels, condominium complexes, apartment complexes, commercial parks, shopping centers, industrial parks, mobile home parks, and similar developments for sale, lease, or any combination of owner and rental characteristics.
(3) 'Market-based incentives' mean incentives that encourage private developers to meet the governing authority's goals as developed in this chapter. Incentives may include, but are not limited to:
(a) density bonuses, allowing developers to build at a density higher than residential zones typically permit, and greater density bonuses, allowing developers to build at a density higher than residential affordable units in development, or allowing developers to purchase density by paying into a local housing trust fund;
(b) relaxed zoning regulations including, but not limited to, minimum lot area requirements, limitations of multi-family dwellings, minimum setbacks, yard requirements, variances, reduced parking requirements, and modified street standards;
(c) reduced or waived fees including those fees levied on new development projects where affordable housing is addressed, reimburse permit fees to builder upon certification that dwelling unit is affordable and waive up to one hundred percent of sewer/water tap in fees for affordable housing units;
(d) fast-track permitting including, but not limited to, streamlining the permitting process for new development projects and expediting affordable housing developments to help reduce cost and time delays;
(e) design flexibility allowing for greater design flexibility, creating pre-approved design standards to allow for quick and easy approval, and promoting infill development, mixed use and accessory dwellings.
(2)(4) 'Subdivision' means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, lease, or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, and includes combinations of lots of record; however, the following exceptions are included within this definition only for the purpose of requiring that the local planning agency be informed and have a record of the subdivisions: (a) the combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority; (b) the division of land into parcels of five acres or more where no new street is involved and plats of these exceptions must be received as information by the planning agency which shall indicate that fact on the plats; and (c) the combination or recombination of entire lots of record where no new street or change in existing streets is involved.
(5) 'Traditional neighborhood design' means development designs intended to enhance the appearance and functionality of new development so that it functions like a traditional neighborhood or town. These designs make possible reasonably high residential densities, a mixture of residential and commercial land uses, a range of single and multi-family housing types, street connectivity both within the new development and to surrounding roadways, pedestrian, and bicycle features.
(6) 'Unnecessary housing regulatory requirements' mean those development standards and procedures that are not essential to protect the public health, safety, or welfare and that may otherwise make a proposed housing development economically infeasible. Unnecessary housing regulatory requirements may include, but are not limited to:
(a) standards or requirements for minimum lot size, building size, building setbacks, spacing between buildings, impervious surfaces, open space, landscaping, buffering, reforestation, road width, pavements, parking, sidewalks, paved paths, culvers and storm water drainage, and sizing of water and sewer lines that are excessive; and
(b) application and review procedures that require or result in extensive submittals and lengthy review periods."
SECTION 5. Section 6-29-1130(A) of the 1976 Code is amended to read:
"(A) When at least the community facilities element, the housing element, and the priority investment element of the comprehensive plan as authorized by this chapter has have been adopted by the local planning commission and the local governing body or bodies, the local planning commission may prepare and recommend to the governing body or bodies for adoption regulations governing the development of land within the jurisdiction. These regulations may provide for the harmonious development of the municipality and the county; for coordination of streets within subdivision and other types of land developments with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for the distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, appearance, prosperity, or the general welfare. In particular, the regulations shall prescribe that no land development plan, including subdivision plats, will be approved unless all land intended for use as building sites can be used safely for building purposes, without danger from flood or other inundation or from other menaces to health, safety, or public welfare."
SECTION 6. All local governments that have adopted a local comprehensive plan in compliance with the provisions of Article 3, Chapter 29, Title 6 of the 1976 Code shall revise their local comprehensive plans within twenty-four months of the effective date of this act to comply with the provisions of this act.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HAGOOD explained the amendment.
Rep. OTT moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1.
At 1:24 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Camille Cunningham Sharp of Allendale, to meet at 10:00 a.m. tomorrow.
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