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COMMITTEE REPORT
March 11, 1999
H. 3276
Introduced by Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips and Lee
S. Printed 3/11/99--H.
Read the first time January 14, 1999.
To whom was referred a Bill (H. 3276), to amend Chapter 9 of Title 58, Code of Laws of South Carolina, 1976, relating to telephone, telegraph, and express companies, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by inserting after the title and before the enacting words:
/WHEREAS, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
WHEREAS, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
WHEREAS, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over 400 companies have been authorized to provide long distance service and over 70 companies have been authorized to provide local telephone service. South Carolina now has over 1,000 authorized payphone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over internet protocol and cable modems; and
WHEREAS, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
WHEREAS, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and non-discriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore,/
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements; and
(vi) charges for the use of intercompany facilities;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For business license tax levied for the year 2004 and every year thereafter the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this Article.
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230 (A) A municipality may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 - 1,000 $100.00
Tier II - 1,001 - 3,000 - $200.00
Tier III 3,001 - 5,000 - $300.00
Tier IV - 5,001 - 10,000 - $500.00
Tier V - 10,001 - 25,000 - $750.00
Tier VI - Over 25,000 - $1,000.00
(B) A municipality may impose an administrative fee upon a telecommunications company which is not subject to subsection (1) in this Section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I - 1 - 1,000 - $100.00
Tier II - 1,001 - 3,000 - $200.00
Tier III - 3,001 - 5,000 - $300.00
Tier IV - 5,001 - 10,000 - $500.00
Tier V - 10,001 - 25,000 - $750.00
Tier VI - Over 25,000 - $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this Article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this Article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and non-discriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public street and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices, of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this Article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a BUSINESS license tax to the telecommunications company under this chapter: 'Please note that there may be a line-item charge included in this bill that is for a business license tax assessed by your municipality'.
SECTION 2. If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.
SECTION 3. No municipality may enforce an Ordinance or practice which is inconsistent or in conflict with the provisions of this article, provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this Article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.
SECTION 4. This Act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
HARRY F. CATO, for Committee.
TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, internet protocol telephony, and mobile telecommunications services.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
( i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
( v) charges for the sale of unbundled network elements; and
(vi) charges for the use of intercompany facilities;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C Section 542;
(d) satellite broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider. If the location of the retail customer's primary use of the telecommunications equipment or the billing address is not within the licensed provider's service area, 'service address' shall mean the location of the switch. In the case of prepaid communications, the service address to which the telecommunications service is charged is considered to be the location from which the communication is originated.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
(8) 'Municipality's rights-of-way management costs' means the actual costs a municipality incurs in managing its public rights-of-way used by telecommunications companies, and includes the costs, if incurred of:
(a) registering telecommunications company permit applicants;
(b) issuing and processing rights-of-way construction permit applications filed by telecommunications companies;
(c) inspecting job sites and restoration projects of telecommunications companies;
(d) determining the adequacy of rights-of-way restoration undertaken by telecommunications companies; and
(e) revoking rights-of-way construction permits issued to telecommunications companies.
Section 58-9-2210. (A) If a municipality requires a fee to be paid by a telecommunications company for its use of the public rights-of-way pursuant to Section 5-7-30 or other authority, the fee must be limited to a permit fee in an amount directly related to the municipality's rights-of-way management costs associated with the telecommunications company's use of the public rights-of-way. Rights-of-way management costs shall not include any depreciation or repair costs and shall not exceed twenty-five dollars for each permit issued to any telecommunications company.
(B) Nothing in this section shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 452.
Section 58-9-2220. (A) In any dispute over the amount of a permit fee charged by a municipality pursuant to Section 58-9-2210, the municipality shall have the burden of proving that the permit fee is directly related to its rights-of-way management costs and that the fee is assessed in a competitively neutral and nondiscriminatory manner. Where the charge is less than five dollars for each permit issued, it shall be conclusively presumed that the fee is directly related to the costs.
(B) A telecommunications company shall not be required to pay a permit fee for the use of public rights-of-way unless it actually owns or controls poles, wires, or other structures located in the public rights-of-way. A telecommunications company shall not be considered as owning or controlling facilities in the public rights-of-way solely as a result of:
(1) reselling the services of another telecommunications company that occupies the public rights-of-way;
(2) purchasing or leasing unbundled network elements or facilities from a person that occupies the public rights-of-way; or
(3) transmitting radio communications in the airways above the public rights-of-way.
(C) A municipality shall not require or solicit in-kind payment of services or facilities in lieu of any permit fees charged for use of the public rights-of-way. Nothing in this section shall impair any ordinance or agreement in effect on the effective date of this article which provides or allows in-kind compensation by a telecommunications company.
(D) No telecommunications company shall install or construct facilities in the public rights-of-way unless authorized by a written permit issued by a municipality. The permit may require the permit holder to be responsible for any damage resulting from issuance of the permit or injury from the installation or construction of the facilities. Permits may not be required for repairs or other minor activities such as opening manhole covers, digging postholes, or other insignificant activity that does not require a significant obstruction or redirection of pedestrian or vehicular traffic.
Section 58-9-2230. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon a telecommunications company or upon a telecommunications company's lines of business shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address in the municipality, regardless of where these amounts are billed or paid. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon a telecommunications company or upon a telecommunications company's lines of business may not exceed in the aggregate the average effective tax rate applied to other general retail businesses doing business within the boundaries of the municipality, but in no event shall a business license tax levied by a municipality upon a telecommunications company exceed the business license rate imposed in item (1) of this section. To determine the average effective tax rate, the aggregate amount of tax paid shall be divided by the aggregate revenues of the other business license taxpayers.
(3) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company or upon a telecommunications company's lines of business must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(4) A municipality is responsible for maintaining adequate records to demonstrate that the business license tax rate assessed on a telecommunications company complies with items (2) and (3) of this section.
(5) A business license tax shall apply to retail telecommunications services only as defined in this article.
(6) The measurement of the amounts derived from the retail sale of telecommunications services shall not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(7) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the monthly basic service charge of customers whose service address is within the boundaries of the municipality.
(8) A business license tax levied by a municipality upon a telecommunications company or upon a telecommunications company's lines of business must be reported and remitted on an annual basis.
Section 58-9-2240. Other than (1) the permit fee imposed in Section 58-9-2210, (2) the business license tax authorized in Section 58-9-2220, (3) ad valorem property taxes, and (4) franchise fees as defined and regulated under 47 U.S.C. Section 542:
(1) no municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, or on telecommunications companies;
(2) no municipality shall require any provider of telecommunications services to enter into or extend the term of a franchise or other agreement which requires the payment of a franchise fee;
(3) no municipality shall enforce any provision of any ordinance or agreement to the extent that the provision obligates a provider of telecommunications services to pay to the municipality a franchise fee or any other tax, license, or fee that is not also applicable to general business activities in this State.
Section 58-9-2250. (A) All aspects of a municipality's management of the public rights-of-way including without limitation the granting or denial of construction permits, the time periods for approving the permits, and the assessment of a fee for use of the public rights-of-way shall be competitively neutral and nondiscriminatory.
(B) A municipality shall grant or deny all permit applications issued pursuant to Section 58-9-2210 within thirty days of receipt of a completed application.
(C) A municipality shall grant or deny a permit application within the prescribed time regardless of whether a charge permitted pursuant to Section 58-9-2210 has been agreed upon between a municipality and a telecommunications company.
Section 58-9-2260. A municipality may not use its authority over the public rights-of-way as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices, of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2270. A telecommunications company that has obtained permission to occupy the public rights-of-way of a municipality or is otherwise lawfully occupying the public rights-of-way of a municipality on the effective date of this article is not required to obtain additional consent to continue the lawful occupation of those public rights-of-way. In addition, nothing in this section shall affect any existing agreement between a municipality and a telecommunications company for the use of the public rights-of-way that is in effect as of the date of the effective date of this article.
Section 58-8-2280. (A) Each municipality shall maintain a notification registry, which shall include the name, mailing address, and telephone number of a telecommunications company providing a written request to be placed on the registry. The municipality shall notify in writing all telecommunications companies listed on the registry of a law or ordinance, or hearings on a law or ordinance, which would impose a business license tax or fee, or increase an existing business license tax, fee, or requirements, on telecommunications companies.
(B) A law or ordinance which imposes a business license tax or fee, or increases an existing business license tax, fee, or requirements on telecommunications companies shall not be effective before one hundred twenty days of the date of its enactment or adoption.
Section 58-9-2290. Except as otherwise expressly provided, nothing in this article shall be construed as limiting the existing police powers of a municipality. In addition and except as otherwise expressly provided, this article shall not limit or expand whatever powers municipalities may have relating to public rights-of-way and business license taxes."
SECTION 2. If a section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, and the General Assembly for this purpose hereby declares that the provisions of this act are severable from each other.
SECTION 3. The provisions of this act shall preempt and void any existing or future municipal ordinances inconsistent with the provisions hereof; provided, that ordinances adopted solely to ratify agreements previously entered into by a telecommunications company and a municipality may continue in effect upon agreement of the parties but not beyond the earliest date upon which the agreement would have expired by its terms.
SECTION 4. This act takes effect upon approval by the Governor.
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