Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Senator J. VERNE SMITH as follows:

Let us pray.

Dear Lord, we are grateful to You for Your blessings to us. Forgive us of our sins. Lord, You know what we need to do today; help us to do it.

Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Macaulay Martschink
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Rose Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington

The Senate resumed.

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

Senator GIESE introduced Dr. William J. Wolin of Columbia, South Carolina, Doctor of the Day.

At 10:15 A.M., Senator PASSAILAIGUE asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 12:45 P.M.

There was no objection and a message was sent to the House accordingly.

The following were introduced:

S. 1452 -- Senators Patterson, Lourie, Matthews, Washington, Fielding, Mitchell, Gilbert, Bryan, Carmichael, Cork, Courson, Courtney, Drummond, Giese, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Macaulay, Martin, Martschink, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MODJESKA M. SIMKINS OF COLUMBIA, OUTSTANDING CIVIL RIGHTS ACTIVIST AND HUMANITARIAN, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1453 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE FORESTRY COMMISSION, RELATING TO HUNTING AND FISHING REGULATIONS ON STATE FOREST LANDS ESTABLISHED AS WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1476, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and ordered placed on the Calendar without reference.

H. 4249 -- Rep. Waldrop: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.

Read the first time and on motion of Senator MACAULAY, with unanimous consent, ordered placed on the Calendar without reference.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

S. 767 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORITY OF WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ISSUE SPECIAL PERMITS, SO AS TO PROVIDE THAT FURBEARING ANIMALS CAUSING DAMAGE TO A PERSON'S HOME OR PROPERTY MAY BE CAPTURED WITHIN ONE HUNDRED YARDS OF THE HOME.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

S. 769 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROHIBIT THE ABANDONMENT OF WILDLIFE CARCASSES.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable with amendment report on:

S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22-24, 1992, AND THE BLATT BUILDING OCTOBER 21 THROUGH OCTOBER 22, 1992, FOR ITS ANNUAL MEETING.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

S. 1443 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.

Ordered for consideration tomorrow.

Senator HOLLAND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

H. 3433 -- Rep. Koon: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO PROVIDE THAT SQUIRRELS MAY BE HUNTED WITH WEAPONS AND DOGS DURING THE ENTIRE HUNTING SEASON.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable with amendment report on:

H. 4597 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 2, 1992, THROUGH FRIDAY, DECEMBER 4, 1992, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

H. 4657 -- Reps. Barber and Clyborne: A CONCURRENT RESOLUTION TO RECOGNIZE CIVITAN INTERNATIONAL AND THE MANY CIVITAN CLUBS IN SOUTH CAROLINA AND THROUGHOUT THE UNITED STATES FOR THEIR CONTRIBUTIONS TO OTHERS AND TO DESIGNATE THE WEEK OF APRIL 12-18, 1992, AS "CIVITAN AWARENESS WEEK".

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

H. 4665 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING A SUCCESSOR FOR AN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1992; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1992.

Ordered for consideration tomorrow.

S. 1451 -- Senators Peeler, Cork, Courson, Courtney, Giese, Martschink, McConnell, Reese, Rose, Russell, Shealy, Stilwell, Thomas and Wilson: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. W. GLADDEN SMOKE OF CHEROKEE COUNTY FOR A SPEEDY RECOVERY FROM HIS RECENT ILLNESS.

Returned with concurrence.

Received as information.

Senator SETZLER asked unanimous consent to make a motion that the Senate vary the order of the day and proceed to a consideration of H. 3044 (General Appropriation Bill).

Senator Leatherman objected.

Senator SETZLER objected to consideration of any Bill on the statewide uncontested Calendar.

S. 1446 -- Senators Lourie, Courson, Matthews, Washington, Passailaigue and Hinds: A BILL TO AMEND CHAPTER 13, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOUSING TRUST FUND ACT OF 1992 AND TO PROVIDE DEFINITIONS, TO CREATE THE FUND AND AN ADVISORY COMMITTEE, TO PROVIDE FOR THE DUTIES OF AN EXECUTIVE DIRECTOR; AND TO PROVIDE FOR THE PURPOSE, USE, AND OPERATION OF THE FUND; TO AMEND SECTION 12-21-380, RELATING TO TAX ON INSTRUMENTS CONVEYING REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR TEN CENTS TO ONE DOLLAR THIRTY CENTS ON EACH FIVE HUNDRED DOLLARS OF CONSIDERATION PAID FOR THE PROPERTY AND TO PROVIDE THAT THIS TWENTY CENT INCREASE BE PAID TO THE HOUSING TRUST FUND; TO REDESIGNATE ARTICLE 3, CHAPTER 3, TITLE 31 AS ARTICLE 1, CHAPTER 13, TITLE 31; TO REDESIGNATE SECTIONS 31-3-110 THROUGH 31-3-180 AS 31-13-20 THROUGH 31-13-90, RESPECTIVELY; TO REDESIGNATE SECTION 31-13-160 AS 31-13-10; AND TO DESIGNATE SECTIONS 31-13-170 THROUGH 31-13-340 AS ARTICLE 3, CHAPTER 13, TITLE 31.

On motion of Senator HINDS, with unanimous consent, the Bill was recalled from the Committee on Finance.

There was no objection.

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

Senators WASHINGTON and HINDS proposed the following amendment (N05\8344.BD), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 2, page 9, beginning on line 1 which reads:

/SECTION 2. Section 12-21-380 of the 1976 Code is amended to read:

"Section 12-21-380. A deed, instrument, or writing whereby any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by his the purchaser's direction when the consideration or value of the interest or property conveyed exclusive of the value of any lien or encumbrance remaining thereon on the interest or property at the time of sale exceeds one hundred dollars and does not exceed five hundred dollars must be taxed one dollar and ten thirty cents and for each additional five hundred dollars, or fractional part thereof, one dollar and ten thirty cents. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents of the tax on each additional increment of five hundred dollars must be paid to the Heritage Land Trust Fund. Twenty cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and twenty cents of the tax on each additional increment of five hundred dollars must be paid to the South Carolina Housing Trust Fund. Any A deed, instrument, or writing whereby any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the State of South Carolina, or any of its political subdivisions and departments, for highway or other public purposes is exempted from the documentary tax requirements of this section, and any clerk of court or register of mesne conveyances may record these deeds or other instruments without revenue stamps affixed and without penalty."/

Amend further, by deleting SECTION 3(C), page 10, beginning on line 5, which reads:

/(C) Sections 31-13-170 through 31-13-340 of the 1976 Code are designated as Article 3 of Chapter 13, Title 31 to be entitled "Issuance of Bonds and Other Obligations"./

Renumber sections to conform.

Amend title to conform.

Senators HINDS and DRUMMOND explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3044 (GENERAL APPROPRIATION BILL).

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

Senator THOMAS proposed the following Amendment No. 117 (BBM\9936.BD), which was ruled out order:

Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 23, after line 41, by inserting:

/29. . The same amount of air time provided by South Carolina Educational Television for weekly television series that repeatedly focus on certain subjects which include, but are not limited to, astrology, transcendental meditation, and eastern metaphysics must be provided for views which oppose the views presented in the series. This paragraph does not apply to documentaries./

Renumber paragraphs to conform.

Amend totals and title to conform.

Senator THOMAS argued in favor of the adoption of the amendment.

Senator LEATHERMAN raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator THOMAS spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

Senator GILBERT spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Senator SETZLER proposed the following Amendment No. 121 (RES3044.95), which was carried over:

Amend the bill, as and if amended, DIVISION III, SECTION 1, page 6, line 10, by striking /(23,722,194)/ and inserting the following:

/(6,722,194)/

Renumber sections to conform.

Amend title to conform.

Senator SETZLER asked unanimous consent to make a motion that the amendment be carried over.

Senator MACAULAY objected.

Senator SETZLER moved to carry over the amendment.

Senator MACAULAY spoke on the motion.

Senator LEATHERMAN raised the Point of Order that motion to carry over was nondebatable.

The PRESIDENT sustained the Point of Order.

The amendment was carried over.

Senator FIELDING proposed the following Amendment No. 123 (DKA\3818.HC), which was carried over:

Amend the bill, as and if amended, page 34 after line 20, by adding an appropriately numbered SECTION to read:

/SECTION ___. A. Section 12-36-2110(A) of the 1976 Code is amended to read:

"(A) The maximum Notwithstanding the rate of the tax imposed by this chapter, the tax imposed by this chapter is three hundred dollars four percent on the first six thousand dollars, five percent on the excess over six thousand dollars, but not more than twenty-five thousand dollars, and six percent on the excess over twenty-five thousand dollars of the gross proceeds for each of the sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax is paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."

B. The amendment to Section 12-36-2110 of the 1976 Code contained in subsection A of this section applies with respect to sales made or leases executed after June 30, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator FIELDING argued in favor of the adoption of the amendment.

Senator FIELDING asked unanimous consent to make a motion that the amendment be carried over until after consideration of the amendments pertaining to the Barnwell disposal facility and Sunday sales.

Senator LEATHERMAN objected.

Senator FIELDING argued in favor of the adoption of the amendment.

Senator HOLLAND made a Parliamentary Inquiry as to whether or not the amendments which had been previously carried over were to be considered prior to the amendments pertaining to the Barnwell disposal facility and Sunday sales.

The PRESIDENT stated that the amendments which were carried over would be considered, according to a prior unanimous consent request, prior to consideration of the amendments pertaining to the Barnwell disposal facility and Sunday sales.

The amendment was carried over.

Senators McCONNELL and ROSE proposed the following Amendment No. 128 (MCCON.MKT), which was adopted:

Amend the bill, as and if amended, Division IV, Section 3 page 36, line 33 by adding / 129.____. The Division of General Services of the Budget and Control Board is directed to develop guidelines for the distribution and frequency of dissemination of newsletters produced with appropriated general funds. Agencies which need to produce newsletters on more than a quarterly basis must receive a waiver from the Division of General Services. Agencies must also receive approval for the distribution of such newsletters./

Amend title to conform.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator HOLLAND moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

The Senate resumed.

At 11:05 A.M., Senator McGILL requested and was granted a leave of absence beginning at 4:30 P.M. today.

At 11:05 A.M., Senator GILBERT requested and was granted a leave of absence beginning at 5:00 P.M. today.

Senator MOORE moved under Rule 3b to send for the absentee members.

Senator SETZLER spoke on the motion.

Senator J. VERNE SMITH spoke on the motion.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courson
Courtney Drummond Fielding
Giese Gilbert Hayes, R.W.
Helmly Hinds Hinson
Holland Land Leatherman
Leventis Lourie Macaulay
Martschink McConnell McGill
Moore Mullinax O'Dell
Passailaigue Peeler Reese
Rose Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

At 11:05 A.M., Rule 3b was invoked.

Senators NELL W. SMITH, LEVENTIS and GIESE proposed the following Amendment No. 6C (436\12360.AC), which was adopted, as amended:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The General Assembly finds that registered school nurses are integral professionals in the school system contributing to the process of education by identifying and referring to appropriate health providers students whose health statuses have a direct influence upon their educational achievements. For many children in this State, school nurses are the only contact they have with the health care system. The General Assembly further finds that currently in South Carolina the nurse-student ratio is 1 to 2184, the national average for this ratio is 1 to 1500, and the nationally recognized recommended ratio is 1 to 750. School nurses with their experience and knowledge of growth and behavioral patterns of children are in a unique position in the school setting to assist children in acquiring knowledge in developing attitudes and values conducive to healthful living, and in meeting the children's needs resulting from disease, accidents, congenital defects, or psychological or social maladjustments. Health services provided as part of school programs for children are direct, constructive, and effective contributions to building a healthful and dynamic society.

B. The State Board and State Superintendent of Education shall develop a Supplemental School Nurse Funding Plan to fund reduced school nurse-student ratios in the school districts. In addition to the funding a district receives from state sources, the plan must identify and maximize other funding sources including, but not limited to Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986. The plan must apportion the supplemental funding to those school districts which would require additional funding in order to achieve the reduced nurse-student ratios. The number of students in each district in a particular school year for purposes of this section would be based on the one hundred thirty-five day count of the average daily membership during the previous school year.

The State Board and State Superintendent shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint legislative Committee on Children, and any other interested group or agency to develop this supplemental funding plan.

C. By January 1, 1993, the State Board and State Superintendent of Education shall submit the Supplemental School Nurse Funding Plan to the Senate Education Committee, the House Education and Public Works Committee, and the Joint Legislative Committee on Children.

D. This section takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator NELL W. SMITH argued in favor of the adoption of the amendment.

Senator J. VERNE SMITH spoke on the amendment.

Senator THOMAS spoke on the amendment.

Senator THOMAS raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator NELL W. SMITH spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator J. VERNE SMITH spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator THOMAS continued speaking on the amendment.

Senator J. VERNE SMITH asked unanimous consent to amend the amendment as follows (RES3044.100):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The General Assembly finds that registered school nurses are integral professionals in the school system contributing to the process of education by identifying and referring to appropriate health providers students whose health statuses have a direct influence upon their educational achievements. For many children in this State, school nurses are the only contact they have with the health care system. The General Assembly further finds that currently in South Carolina the nurse-student ratio is 1 to 2184, the national average for this ratio is 1 to 1500, and the nationally recognized recommended ratio is 1 to 750. School nurses with their experience and knowledge of growth and behavioral patterns of children are in a unique position in the school setting to assist children in acquiring knowledge in developing attitudes and values conducive to healthful living, and in meeting the children's needs resulting from disease, accidents, congenital defects, or psychological or social maladjustments. Health services provided as part of school programs for children are direct, constructive, and effective contributions to building a healthful and dynamic society.

B. The State Board and State Superintendent of Education shall develop a Supplemental School Nurse Funding Plan to fund reduced school nurse-student ratios in the school districts. In addition to the funding a district receives from state sources, the plan must identify and maximize other funding sources including, but not limited to Medicaid, Chapter One, Public Law 94-142, Public Law 99-457, and the Drug-Free School and Committee Act of 1986. The plan must apportion the supplemental funding to those school districts which would require additional funding in order to achieve the reduced nurse-student ratios. The number of students in each district in a particular school year for purposes of this section would be based on the one hundred thirty-five day count of the average daily membership during the previous school year.

The State Board and State Superintendent shall work in conjunction with local school districts, the State Health and Human Services Finance Commission, the South Carolina Department of Health and Environmental Control, the School Nurse Council of the South Carolina Nurses Association, the Joint Legislative Committee on Health Care Planning and Oversight, the Joint legislative Committee on Children, and any other interested group or agency to develop this supplemental funding plan.

C. By January 1, 1993, the State Board and State Superintendent of Education shall submit the Supplemental School Nurse Funding Plan to the Senate Education Committee, the House Education and Public Works Committee, and the Joint Legislative Committee on Children. The plan shall not take effect until it is submitted to the General Assembly and approved by a concurrent resolution.

D. This section takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

There was no objection.

Senator THOMAS moved that the amendment, as amended, be adopted.

The amendment, as amended, was adopted.

Senators MARTIN and SALEEBY proposed the following Amendment No. 12A (436\12365.DW), which was tabled:

Amend the bill, as and if amended, DIVISION IV, SECTION 2, page 18, by adding immediately after line 16:

/129.11 I. No expense shall be allowed an employee either at his place of residence or at the official headquarters of the agency by which he is employed except as provided in paragraph E of this section. When an employee is assigned to work a particular territory or district, and such territory or district and his official headquarters are in different localities or sections of the State, expenses may be allowed for the necessary travel to his official headquarters. The members of the Workers' Compensation Commission, Public Service Commission, and the Employment Security Commission may be reimbursed at the regular mileage rate of one round trip each week from their respective homes to Columbia. No subsistence reimbursement shall be allowed to a member of the Workers' Compensation Commission, Public Service Commission, or the Employment Security Commission while traveling in the county of his official residence. When traveling on official business of the commission within fifty miles outside the county of his official residence, a member of the Workers' Compensation Commission, Public Service Commission, or the Employment Security Commission shall be allowed subsistence expenses in the amount of thirty-five dollars per day. When traveling on official business of the commission fifty or more miles outside the county of his official residence, each member shall be allowed a subsistence expense in the amount of fifty dollars per day except that members of the Employment Security Commission and Public Service Commission shall receive a subsistence allowance as provided in this act for members of the General Assembly. Provided, however, that when traveling outside of the State on official state business, a member of the Employment Security Commission or the Public Service Commission may elect to receive actual expenses incurred for lodging and meals, not to exceed the limits set forth for other state employees, in lieu of the allowable subsistence expense./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senator LOURIE proposed the following Amendment No. 17B (RES3044.10C), which was adopted:

Amend the bill, as and if amended, DIVISION IV, SECTION 2, page 18, after line 16, by inserting the following:

/124. Notwithstanding any other provisions of law, the The Select Oversight Committee created shall direct that an amount equal to one-fourth of one cent of the monies generated from the tax levied under the provisions of Section 12-27-1300 of the 1976 Code shall direct that an amount equal to one-fourth of one cent not to exceed $3,000,000 generated from the tax levied under the provisions of Section Sections 12-27-1210 through 12-27-1240, not to exceed four million, must be used to fund public transportation activities, both capital and operational, in this State. The provisions of this section are suspended if S. 494 is adopted prior to passage of this act./

Renumber sections to conform.

Amend title to conform.

Senator LOURIE argued in favor of the adoption of the amendment.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

Senators MOORE, POPE and MATTHEWS proposed the following Part A of Amendment No. 45A (N05\8328.BD), which was carried over:

Amend the bill, as and if amended, page 24, after line 37, by adding an appropriately numbered SECTION to read:

/SECTION __. A. Section 44-56-510 of the 1976 Code is amended to read:

"Section 44-56-510. Any Waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:

(1) A fee of five seven dollars per a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal must be assessed. Two dollars of the fee must be remitted to the State Treasurer to be credited to the general fund.

(2) For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of seven twelve dollars and fifty cents per a ton. Four dollars and fifty cents of the fee must be remitted to the State Treasurer to be credited to the general fund."

B. This act takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator MOORE argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.

Senator LEVENTIS moved to lay the amendment on the table.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

Senator LEVENTIS argued contra to the adoption of Part A of Amendment No. 45A.

On motion of Senator LEVENTIS, with unanimous consent, Part A of Amendment No. 45A was carried over.

Senators MOORE, POPE and MATTHEWS proposed the following Part B of Amendment No. 45A (N05\8329.BD), which was carried over:

Amend the bill, as and if amended, DIVISION III, SECTION 1, page 6, by striking line 27 and inserting:

/ENVIRONMENTAL CONTROL (2,859,109)/

Amend totals and title to conform.

Senator MOORE argued in favor of the adoption of the amendment and Senator LEVENTIS argued contra.

On motion of Senator LEVENTIS, with unanimous consent, Part B of Amendment No. 45A was carried over.

Senator LOURIE proposed the following Amendment No. 63 (DKA\3808.SD), which was withdrawn:

Amend the bill, as and if amended, page 24, by adding an appropriately numbered SECTION to read:

/SECTION . Section 12-36-2110 of the 1976 Code is amended to read:

"Section 12-36-2110. (A) The maximum tax imposed by this chapter is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each: (1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft; (2) motor vehicle; (3) motorcycle; (4) boat; (5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710; (6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or (7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower. In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is calculated as follows: (1) subtract trade-in allowance from the sales price; (2) multiply the result from (1) by sixty-five percent; (3) If the result from (2) is no greater than six thousand dollars, multiply by five four percent. This is the amount of the tax due. (4) If the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars four percent of the first six thousand dollars plus one five percent of the amount greater than six thousand dollars.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.

(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars four percent of the first six thousand dollars and five percent on the excess over six thousand dollars of the gross proceeds. As used in this subsection, `machinery for research and development' means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."/

Renumber sections to conform.

Amend totals and title to conform.

Senator LOURIE argued in favor of the adoption of the amendment.

Senator HOLLAND spoke on the amendment.

On motion of Senator LOURIE, with unanimous consent, the amendment was withdrawn.

Senator HOLLAND asked unanimous consent to make a motion to take up for immediate consideration the amendments pertaining to the Barnwell disposal facility.

Senator DRUMMOND spoke on the motion.

At 12:10 P.M., Senator DRUMMOND moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3044 and, asked unanimous consent, to make a motion that debate on each amendment would be limited to a total of fifteen minutes for proponents and to a total of fifteen minutes for opponents.

Senator PASSAILAIGUE objected.

At 12:13 P.M., Senator WILLIAMS moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3044.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Drummond
Fielding Gilbert Helmly
Hinson Holland Land
Lourie Martin Matthews
Moore Mullinax O'Dell
Patterson Peeler Saleeby
Setzler Smith, J.V. Stilwell
Washington Williams

Cork Courson Giese
Hayes, R.W. Hinds Leatherman
Leventis Macaulay Martschink
McConnell Passailaigue Pope
Reese Rose Russell
Shealy Smith, N.W. Thomas
Wilson

Not having received the necessary vote, the motion under Rule 15A failed.

Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. 46 (RES3044.41) proposed by Senator BRYAN, was laid on the table.

Senator LEATHERMAN raised a Point of Order that the motion was out of order inasmuch as a motion to reconsider must be made within two legislative days.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT stated the motion was timely made.

Senator LAND raised a Point of Order that Amendment No. 46 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increases... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator BRYAN raised a Point of Order that the Point of Order was out of order inasmuch as Amendment No. 46 was not before the body for consideration.

The PRESIDENT sustained the Point of Order raised by Senator BRYAN and stated that the question before the body was the motion to reconsider.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Drummond
Giese Hayes, R.W. Helmly
Holland Leventis Macaulay
Martin Matthews Moore
Mullinax O'Dell Passailaigue
Pope Reese Russell
Setzler Smith, J.V. Smith, N.W.
Thomas Wilson

Cork Courson Fielding
Gilbert Hinds Land
Leatherman Lourie Martschink
McConnell McGill Patterson
Peeler Rose Saleeby
Shealy Stilwell Washington
Williams

The motion to reconsider the vote whereby Amendment No. 46 was tabled was adopted.

Senator HOLLAND moved to carry over Amendment No. 46.

Senator LAND raised a Point of Order that Amendment No. 46 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes much be enacted only by separate act."

Senator J. VERNE SMITH spoke on the Point of Order.

Senator LEATHERMAN moved to reconsider the vote whereby the Senate overrode the Ruling by the PRESIDENT on a Point of Order raised by Senator McGILL on April 2, 1992.

Senator BRYAN raised a Point of Order that the motion was out of order inasmuch as the Senator making the motion had not voted on the prevailing side.

The PRESIDENT sustained the Point of Order.

The question then was the motion by Senator HOLLAND to carry over Amendment No. 46.

Amendment No. 46 was carried over.

The question then was the motion by Senator HOLLAND that the Senate take up for immediate consideration the amendments pertaining to the Barnwell disposal facility.

There was no objection.

Senator WILLIAMS proposed the following Amendment No. 91 (JUD3044.005), which was adopted, as amended:

Amend the bill, as and if amended, page 32, Division IV, after line 23, by adding an appropriately numbered SECTION to read:

/SECTION ____. (A) Section 13-7-30(7)(e) of the 1976 Code is amended to read:

"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law shall must be deposited in the general reserve fund of the State. If the amount deposited exceeds the amount necessary to fund the general reserve fund of the State on a fiscal year basis, then such funds shall be deposited in the general fund of the State."

(B) Section 48-47-30(10) of the 1976 Code is amended to read:

"10. `Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992, January 1, 1996."

(C) Section 48-48-30 of the 1976 Code is amended to read:

"(A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter."

(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

(D) Section 48-48-80 of the 1976 Code is amended to read:

"Section 48-48-80. (A) Beginning no later than January 1, 1993 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly as provided in subsection (B). Within one year prior to closure, When the site ceases to accept waste from outside the State the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.

(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996 subject to the following conditions:

(1) The site must cease serving as a facility for the Compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.

(2) North Carolina and the Compact Commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-Level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.

(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.

(C) The failure of North Carolina or the Compact Commission to satisfy any one of the conditions set forth in subsection (B) 2 or (B) 3 will result in the following:

(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.

(2) If either of the conditions set forth in (B) 2 or (B) 3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.

(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:

(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.

(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.

(E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its finding to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast Region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.

The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.

(F) As a further condition beginning January 1, 1993, the Southeastern Compact Commission shall not approve any agreements allowing acceptance of non-region waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot.

(E) Section 48-48-90 of the 1976 Code is amended to read:

"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.

No carry-forward of site capacity may be used after December 31, 1992 1995."

(F) This section takes effect upon approval of the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Senator PASSAILAIGUE raised a Point of Order that Amendment No. 91 was in violation of Section 48-48-80, South Carolina Code of Laws, 1976, as amended.

Senator MOORE spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator GIESE spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

Senator LEATHERMAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator PASSAILAIGUE raised a Point of Order that Amendment No. 91 was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase ... New general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator MOORE spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator GIESE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:45 P.M. and the following Acts and Joint Resolutions were ratified:

(R360) S. 1048 -- Senator Passailaigue: AN ACT TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.

(R361) S. 1107 -- Senators Bryan, Peeler, Fielding, Hinds and Hinson: AN ACT TO AMEND SECTION 44-7-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONS AND TRANSACTIONS EXEMPT FROM THE STATE CERTIFICATION OF NEED PROGRAM, SO AS TO EXEMPT COMMUNITY-BASED HOUSING DESIGNED TO PROMOTE INDEPENDENT LIVING FOR PERSONS WITH MENTAL OR PHYSICAL DISABILITIES, EXCLUDING HEALTH CARE FACILITIES.

(R362) S. 1102 -- Senators Bryan, Peeler, Fielding, Hinds, Hinson and Rose: AN ACT TO AMEND SECTION 44-17-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF A PATIENT WHO HAS BEEN JUDICIALLY COMMITTED TO THE STATE DEPARTMENT OF MENTAL HEALTH TO BE REEXAMINED, SO AS TO PROVIDE THAT NOTICE OF THIS RIGHT MUST BE PROVIDED EVERY SIX MONTHS INSTEAD OF ANNUALLY AND TO PROVIDE THAT A HEARING ON A PETITION FOR REEXAMINATION IS NOT REQUIRED TO BE HELD IF LESS THAN THREE MONTHS HAVE ELAPSED SINCE A PREVIOUS HEARING ON A PETITION FOR REEXAMINATION.

(R363) S. 1105 -- Senators Bryan, Peeler, Fielding, Hinds and Rose: AN ACT TO AMEND SECTION 44-22-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TREATMENT AND DISCHARGE PLANS FOR AN INVOLUNTARY PATIENT OF THE STATE DEPARTMENT OF MENTAL HEALTH, SO AS TO REQUIRE THAT DISCHARGE PLANNING MUST BEGIN WITHIN SEVENTY-TWO HOURS OF ADMISSION, TO PROVIDE FOR THE CONTENTS OF THE PLAN, INPUT FROM THE PATIENT, AND THE INVOLVEMENT OF CERTAIN TREATMENT INDIVIDUALS IN DEVELOPING THE PLAN.

(R364) S. 1109 -- Senator Thomas: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-60 SO AS TO PROHIBIT FREE TUITION FOR A MEMBER OF THE BOARD OF TRUSTEES OF A STATE SUPPORTED POST-SECONDARY EDUCATION INSTITUTION OR MEMBER OF HIS IMMEDIATE FAMILY AND TO PROVIDE EXCEPTIONS.

(R365) S. 1142 -- Senators Nell W. Smith, Robert W. Hayes, Jr. and Moore: A JOINT RESOLUTION TO REQUIRE THE STATE TO PROVIDE CONTINUITY IN FISCAL MATTERS, INCLUDING UNINTERRUPTED PAYMENT OF PERSONNEL, IN THE TRANSFER OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM FROM THE UNIVERSITY OF SOUTH CAROLINA TO THE STATE WORKERS' COMPENSATION FUND.

(R366) S. 788 -- Senator Drummond: AN ACT TO AMEND SECTION 50-17-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE DETAILED PROVISIONS LISTING CERTAIN FISH SUBJECT TO FEDERAL REGULATIONS, DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED, AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.

(R367) S. 1244 -- Senator Land: AN ACT TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

(R368) H. 3048 -- Rep. Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-80 SO AS TO PROVIDE FOR A UNIFORM SUMMONS FOR COUNTIES AND MUNICIPALITIES AND TO PROVIDE A PENALTY FOR FAILURE TO APPEAR IN COURT AFTER A SUMMONS HAS BEEN ISSUED.

Senator MACAULAY raised a Point of Order that Amendment No. 91 was out of order inasmuch as it was not germane to the Bill.

Senator MULLINAX spoke on the Point of Order.

Senator MOORE explained Amendment No. 91.

At 1:30 P.M., on motion of Senator MARTIN, Senators POPE, MATTHEWS, MARTSCHINK and MARTIN were granted a leave of absence to attend a public hearing on restructuring.

Senator Martin asked unanimous consent to be granted leave to be recorded as voting in a like manner as Sen Moore on amendments pertaining to the Barnwell disposal facility.

There was no objection.

Senator Matthews asked unanimous consent to be granted leave to be recorded as voting in a like manner as Sen Moore on amendments pertaining to the Barnwell disposal facility.

There was no objection.

Senator Martschink asked unanimous consent to be granted leave to be recorded as voting in a like manner as Sen Moore on amendments pertaining to the Barnwell disposal facility.

There was no objection.

Senator Pope asked unanimous consent to be granted leave to be recorded as voting in a like manner as Sen Moore on amendments pertaining to the Barnwell disposal facility.

There was no objection.

At 1:42 P.M., Senator SETZLER assumed the Chair.

Senator MOORE continued explaining Amendment No. 91.

Senator LEVENTIS argued contra to the adoption of Amendment No. 91.

At 2:17 P.M., Senator LAND asked unanimous consent to be granted leave to attend the public hearing on restructuring and to be granted leave to be recorded as voting on the amendments pertaining to the Barnwell disposal facility in a like manner as Senator LEVENTIS.

Senator J. VERNE SMITH objected.

Senator LEVENTIS continued arguing contra to the adoption of Amendment No. 91.

Senator GIESE argued in favor of the adoption of Amendment No. 91.

At 3:15 P.M., Senator DRUMMOND moved under Rule 15A to set a time certain at 6:00 P.M. to vote on the entire matter of H. 3044.

Senator PASSAILAIGUE spoke on the motion.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Drummond
Giese Hayes, R.W. Helmly
Holland Lourie Martin
Martschink Matthews McGill
Moore Mullinax O'Dell
Patterson Peeler Setzler
Shealy Smith, J.V. Stilwell
Thomas Williams

Carmichael Cork Courson
Fielding Hinds Land
Leatherman Leventis Macaulay
McConnell Mitchell Passailaigue
Pope Reese Rose
Russell Smith, N.W. Washington
Wilson

Not having received the necessary vote, the motion under Rule 15A failed.

Senator MITCHELL argued in favor of the adoption of Amendment No. 91.

Senator COURSON moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Cork Courson Hayes, R.W.
Hinds Land Leventis
Macaulay McConnell Passailaigue
Rose Russell Smith, N.W.
Stilwell Wilson

Bryan Carmichael Courtney
Drummond Fielding Giese
Gilbert Helmly Hinson
Holland Leatherman Lourie
Martin Martschink Matthews
McGill Mitchell Moore
Mullinax Patterson Peeler
Pope Reese Saleeby
Setzler Shealy Smith, J.V.
Thomas Washington Williams

The Senate refused to table the amendment. The question then was the adoption of the amendment.

At 3:35 P.M., Senator DRUMMOND moved under Rule 15A to set a time certain of 7:00 P.M. on Tuesday, April 7, 1992, to vote on the entire matter of H. 3044.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courtney
Drummond Fielding Giese
Gilbert Hayes, R.W. Helmly
Hinds Hinson Holland
Lourie Mitchell Moore
Mullinax O'Dell Patterson
Peeler Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams

Cork Courson Leventis
Macaulay McConnell McGill
Passailaigue Reese Rose
Russell Saleeby Wilson

The PRESIDENT assumed the Chair.

At 3:40 P.M., a time certain of 7:00 P.M. on Tuesday, April 7, 1992, was set to vote on the entire matter of H. 3044.

The question then was the adoption of Amendment No. 91.

Senators MITCHELL and PATTERSON proposed the following Amendment No. 99 (RES3044.52), which was tabled:

Amend Amendment No. 91, proposed by Senator Williams, bearing Doc. No. JUD3044.005, page 1, by striking item (e) in its entirety and inserting the following in lieu thereof:

/(e). Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such balance to the governing body of Barnwell County and all the first fifty percent of the balance to the South Carolina Jobs-Economic Development Authority for the purpose of providing a revolving loan fund; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County and twelve million dollars to the South Carolina Jobs-Economic Development Authority. Provided also that the Jobs-Economic Development Authority must make at least twenty-five percent of these funds available to minority owned businesses. All funds thereafter shall be deposited to the general fund of the State."

(B) This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinds
Holland Land Leatherman
Leventis Lourie Macaulay
Martin Martschink Matthews
McConnell Moore Mullinax
Passailaigue Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Wilson

Carmichael Gilbert McGill
Mitchell Patterson Washington
Williams

The amendment was laid on the table.

Senators MITCHELL and PATTERSON proposed the following Amendment No. 100 (RES3044.51), which was tabled:

Amend Amendment No. 91, proposed by Senator Williams, bearing Doc. No. JUD3044.005, page 1, by striking item (e) in its entirety and inserting the following in lieu thereof:

/(e). Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such balance to the governing body of Barnwell County and all the first fifty percent of the balance to the South Carolina Jobs-Economic Development Authority for the purpose of providing a revolving loan fund; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County and eight million five hundred thousand dollars to the South Carolina Jobs-Economic Development Authority. Provided also that the Jobs-Economic Development Authority must make at least twenty-five percent of these funds available to minority owned businesses. All funds thereafter shall be deposited to the general fund of the State."

(B) This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator MOORE moved to lay the amendment on the table.

A division vote was requested, resulting in a vote of 23-4.

The amendment was laid on the table.

Senators McCONNELL and ROSE proposed the following Amendment No. 107 (RES3044.54), which was tabled:

Amend Amendment No. 91, proposed by Senator Williams, Doc. No. JUD3044.005, SECTION D, Section 48-48-80, by adding an appropriately numbered subsection to read:

/( ). Fees charged for burial shall not apply to radioactive waste generated outside the borders of a Compact member state after December 31, 1992, and the Barnwell disposal facility may not accept radioactive waste that is not eligible to be charged the applicable fee for burial./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator DRUMMOND spoke on the amendment.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator WILLIAMS argued contra to the adoption of the amendment.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

Senator MOORE argued contra to the adoption of the amendment.

Senator COURSON spoke on the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

Senator LOURIE spoke on the amendment.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courtney
Drummond Fielding Hinson
Holland Land Lourie
Martin Martschink Matthews
Moore Mullinax O'Dell
Patterson Peeler Pope
Saleeby Shealy Smith, J.V.
Stilwell Williams

Cork Courson Giese
Hayes, R.W. Leatherman Leventis
Macaulay McConnell Mitchell
Passailaigue Reese Rose
Setzler Smith, N.W. Thomas
Wilson

Hinds (Present) Nay

McGill (Absent) Aye

The amendment was laid on the table.

Senator PASSAILAIGUE, with unanimous consent, was granted leave to address the body.

Senator GIESE, with unanimous consent, was granted leave to address the body.

At 5:05 P.M., Senator FIELDING asked unanimous consent to make a motion that Senators FIELDING, GILBERT, MITCHELL, PATTERSON and WASHINGTON be granted leave to vote from the Senate balcony.

There was no objection.

Senator ROSE proposed the following Amendment No. 133 (RES3044.61), which was tabled:

Amend Amendment No. 91, proposed by Senator Williams, bearing Doc. No. JUD3044.005, page 6, SECTION D, Section 48-48-80, by adding an appropriately numbered subsection to read:

/"( ) As a condition of further operation of the Barnwell low-level radioactive disposal facility beyond December 31, 1992, for the Southeast Regional Compact, as formed by Public Law 99-240, and Section 48-47-10, et seq., North Carolina and the other Southeast Compact members must agree to hold harmless the State of South Carolina and to provide indemnification to the State of South Carolina for any risks or liability attributable to receipt or disposal of low-level radioactive waste at the Barnwell site after December 31, 1992; and agree to provide indemnification for any costs or liability incurred by the State of South Carolina as a result of assuming title to waste generated within the State beginning in 1996 pursuant to 42 U.S.C., Section 2021e(d)(2)(c) (Supp. III 1985); and, North Carolina and the other Southeast Compact members must agree to any assessment of the aforementioned risks and liabilities as may be determined by a court of competent jurisdiction or an arbiter. As a further condition, North Carolina and the other Southeast Compact members shall contractually agree to subject themselves to a court of competent jurisdiction located in South Carolina.

Provided further, North Carolina and the other Southeast Compact members shall provide South Carolina with a credit for the volume of waste accepted during the period between January 1, 1993, and the time North Carolina's low-level radioactive waste disposal facility becomes operational. Once North Carolina's facility is operational, South Carolina's generators of low-level radioactive waste shall be granted a credit for waste accepted during the above cited interim period by being allowed additional disposal capacity by the members of the Southeast Compact in the amount of waste accepted by South Carolina during the above cited interim period."/

Renumber sections to conform.

Amend title to conform.

Senator ROSE argued in favor of the adoption of the amendment and Senator MULLINAX argued contra.

Senator MULLINAX moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Hinson Holland
Land Martin Martschink
Matthews Moore Mullinax
O'Dell Patterson Peeler
Pope Reese Russell
Saleeby Shealy Smith, J.V.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Hinds Leatherman Leventis
Macaulay McConnell Mitchell
Passailaigue Rose Smith, N.W.
Thomas Wilson

The amendment was laid on the table.

Senator LOURIE proposed the following Amendment No. 135 (RES3044.99), which was withdrawn:

Amend Amendment No. 91, proposed by Senator Williams, Doc. No. JUD3044.005, SECTION D, Section 48-48-80, by adding an appropriately numbered subsection to read:

/( ). Fees charged for burial shall not apply to radioactive waste generated outside the borders of a Compact member state after December 31, 1993, and the Barnwell disposal facility may not accept radioactive waste that is not eligible to be charged the applicable fee for burial./

Renumber sections to conform.

Amend title to conform.

Senator LOURIE argued in favor of the adoption of the amendment.

On motion of Senator LOURIE, with unanimous consent, the amendment was withdrawn.

Senators PASSAILAIGUE, McCONNELL, ROSE, COURSON, LEVENTIS and CORK proposed the following Amendment No. 136 (RES3044.63), which was tabled:

Amend Amendment No. 91, proposed by Senator Williams, bearing Doc. No. JUD3044.005, by adding an appropriately numbered new SECTION to read:

/SECTION . Subitem 9. of Section 48-47-70 of the 1976 Code is amended to read:

"9. Notwithstanding any other provision of this compact, to enter into agreements with any person, state, or similar regional body or group of states for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. The authorization to import requires a two-thirds majority vote of the Commission, including an affirmative vote of both representatives of a host state in which an affected regional facility is located. This shall be done only after an assessment of the affected facility's capacity to handle these wastes. The two voting members of the Commission representing South Carolina shall only vote to accept the importation of waste from outside the region if so authorized by a concurrent resolution adopted by the General Assembly."/

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment and Senator MOORE argued contra.

Senator LEVENTIS argued in favor of the adoption of the amendment.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator MOORE moved to lay the amendment on the table.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Hinson Holland
Land Leatherman Martin
Martschink Matthews Mitchell
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Russell Saleeby
Shealy Smith, J.V. Stilwell
Washington Williams

Cork Courson Hayes, R.W.
Hinds Leventis Lourie
Macaulay McConnell Passailaigue
Rose Setzler Thomas
Wilson

The amendment was laid on the table.

Senators LOURIE and BRYAN proposed the following Amendment No. 137 (RES3044.103), which was adopted:

Amend amendment number 91, bearing document number JUD3044.005, as and if amended, page 2, by striking Section C in its entirety and inserting the following in lieu thereof:

/(C) Section 48-48-30 of the 1976 Code is amended to read:

"(A) The regional disposal facility located at Barnwell may accept not more than eight ten million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter.

(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."/

Amend the amendment further, as and if amended, page 6, by striking Section E in its entirety and inserting the following in lieu thereof:

/(E) Section 48-48-90 of the 1976 Code is amended to read:

"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight ten million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.

No carry-forward of site capacity may be used after December 31, 1992 1995."/

Renumber sections to conform.

Amend title to conform.

Senator LOURIE explained the amendment.

The amendment was adopted.

Senator MULLINAX proposed the following Amendment No. 132A (RES3044.64B), which was adopted:

Amend Amendment No. 91, proposed by Senator Williams, Doc. No. JUD3044.005, by adding a new item F. to read as follows:

/F. For fiscal year 1992-93 only, the State Treasurer is directed to liquidate the HUGO note on or before September 1, 1992, from revenue generated by radioactive waste surcharges./

Renumber remaining items to conform.

Amend title to conform.

Senator MULLINAX argued in favor of the adoption of the amendment.

Senator MULLINAX moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND rose to a Point of Personal Privilege.

The question then was the adoption of Amendment No. 91 (RES3044.104) proposed by Senator WILLIAMS, as amended:

Amend the bill, as and if amended, page 34, Division IV, after line 20, by adding an appropriately numbered SECTION to read:

/SECTION ____. A. Section 13-7-30(7)(e) of the 1976 Code is amended to read:

"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law shall must be deposited in the general reserve fund of the State. If the amount deposited exceeds the amount necessary to fund the general reserve fund of the State on a fiscal year basis, then such funds shall be deposited in the general fund of the State."

B. Section 48-47-30(10) of the 1976 Code is amended to read:

"10. `Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992, January 1, 1996."

C. Section 48-48-30 of the 1976 Code is amended to read:

"(A) The regional disposal facility located at Barnwell may accept not more than eight ten million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter.

(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.

(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."

D. Section 48-48-80 of the 1976 Code is amended to read:

"Section 48-48-80. (A) Beginning no later than January 1, 1993 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact. Further operation of the facility beyond January 1, 1993, must be specifically authorized by the General Assembly as provided in subsection (B). Within one year prior to closure, When the site ceases to accept waste from outside the State the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.

(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-Level Radioactive Waste Management Compact until January 1, 1996 subject to the following conditions:

(1) The site must cease serving as a facility for the Compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.

(2) North Carolina and the Compact Commission must establish prior to December 31, 1993, a reference guideline as provided in the Southeast Interstate Low-Level Radioactive Waste Management Compact which precludes the siting of any new low-level waste storage or disposal facility within ten miles of a neighboring state.

(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.

(C) The failure of North Carolina or the Compact Commission to satisfy any one of the conditions set forth in subsection (B) 2 or (B) 3 will result in the following:

(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.

(2) If either of the conditions set forth in (B) 2 or (B) 3 are not met, then the facility must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.

(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive waste disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:

(1) The State of North Carolina must submit a completed regional disposal facility license aplication to all appropriate government agencies prior to December 31, 1993.

(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.

(E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Comission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its finding to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the Southeast Region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.

The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.

(F) As a further condition beginning January 1, 1993, the Southeastern Compact Commission shall not approve any agreements allowing acceptance of non-region waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot."

E. Section 48-48-90 of the 1976 Code is amended to read:

"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight ten million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.

No carry-forward of site capacity may be used after December 31, 1992 1995."

F. For fiscal year 1992-93 only, the State Treasurer is directed to liquidate the HUGO note on or before September 1, 1992, from revenue generated by radioactive waste surcharges.

G. This section takes effect upon approval of the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Senator LEVENTIS argued contra to the adoption of Amendment No. 91, as amended.

Senator SHEALY argued in favor of the adoption of Amendment No. 91, as amended.

Senator MOORE argued in favor of the adoption of Amendment No. 91, as amended.

Senator COURSON argued contra to the adoption of Amendment No. 91, as amended.

Senator J. VERNE SMITH argued in favor of the adoption of Amendment No. 91, as amended.

Senator PASSAILAIGUE argued contra to the adoption of Amendment No. 91, as amended.

Senator MOORE moved that the amendment, as amended, be adopted.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courtney
Drummond Fielding Giese
Helmly Hinson Holland
Lourie Martin Martschink
Matthews Mitchell Moore
Mullinax O'Dell Patterson
Peeler Pope Reese
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Thomas Washington Williams

Cork Courson Hayes, R.W.
Hinds Land Leatherman
Leventis Macaulay McConnell
Passailaigue Rose Stilwell
Wilson

Amendment No. 91, as amended, was adopted.

Senator MITCHELL proposed the following Amendment No. 124 (RES3044.96), which was withdrawn:

Amend the bill, as and if amended, DIVISION IV, page 34, by adding after line 20, a new appropriately numbered SECTION to read:

/SECTION . Section 13-7-30(7)(a) of the 1976 Code is amended to read:

"The State Budget and Control Board shall assess surcharges and penalty surcharges on nonsited waste received at the regional disposal facility. The surcharges are imposed to the maximum extent permitted by Section 5(d)(1) of Public Law 99-240 unless a lesser amount is authorized upon recommendation of the Budget and Control Board and upon approval of by the General Assembly by Joint Resolution. The maximum penalty surcharge deemed permitted by Section 5(d)(1) of Public Law 99-240 is one hundred and sixty dollars until or unless this federal law is amended. The Department of Health and Environmental Control shall notify the operator whenever a generator is to be assessed a penalty surcharge or whenever the assessment of a penalty surcharge is to be terminated."/

Renumber sections to conform.

Amend title to conform.

Senator MITCHELL argued in favor of the adoption of the amendment.

On motion of Senator MITCHELL, with unanimous consent, the amendment was withdrawn.

Senator McCONNELL proposed the following Amendment No. 93 (RES3044.72), which was tabled:

Amend the bill, as and if amended, by striking all, beginning on line 13 on page 3, through line 8 on page 9, and inserting the following in lieu thereof:
/SECT.3A LEG DEPT - SENATE (521,742)
SECT. 3B LEG DEPT - HOUSE (570,578)
SECT. 3C LEG DEPT - SPECIAL
SERVICES-BOTH HOUSES (18,447)
SECT. 3D LEG DEPT - CODE OF LAWS

LEG COUNCIL (124,671)
SECT. 3E LEG DEPT - LEG PRINT &

INFO TECH (156,711)
SECT. 3F LEG DEPT - LEG AUDIT

COUNCIL (53,798)
SECT. 3G LEG DEPT - LEG INFO

SYSTEMS (92,599)
SECT. 3H LEG DEPT - REORGANIZATION

COMM (60,750)
SECT. 3I ADVISORY COMM INTERGOV

RELATIONS (14,916)
SECT. 3J2 JT LEG COMM - ENERGY (124,761)
SECT. 3J4 JT LEG COMM - APPROP

REVIEW (13,961)
SECT. 3J5 JT LEG COMM - HEALTH

CARE PLANNING (7,745)
SECT. 3J6 JT LEG COMM - ALCOHOL

& DRUG ABUSE (27,904)
SECT. 3J7 JT LEG COMM - STATE

BIDDING PRACTICES (249)
SECT. 3J8 JT LEG COMM - TOBACCO

ADVISORY (2,248)
SECT. 3J9 JT LEG COMM - EDUCATION

STUDY (16,225)
SECT. 3J10 JT LEG COMM -

TEXTILE-APPAREL STUDY (21,522)
SECT. 3J11 JT LEG COMM -

STATE EMPLOYEES (2,618)
SECT. 3J12 JT LEG COMM - HANDICAPPED (38,213)
SECT. 3J13 JT LEG COMM - INSURANCE

LAW & STUDY (81,568)
SECT. 3J14 JT LEG COMM - PUBLIC

TRANSPORTATION (27,924)
SECT. 3J15 JT LEG COMM - AGING STUDY (81,661)
SECT. 3J20 JT LEG COMM - MNTL

HLTH/MNTL RETRD (102,475)
SECT. 3J21 JT LEG COMM - TOURISM

& TRADE (46,492)
SECT. 3J24 JT LEG COMM - CHILDREN'S

COMMITTEE (146,707)

GUARDIAN AD LITEM (1,668,646)
SECT. 3J25 JT LEG COMM - CRIME STUDY (374)
SECT. 3J28 JT LEG COMM - AQUACULTURE (3,642)
SECT. 3J29 JT LEG COMM - CULTURAL

AFFAIRS (68,408)
SECT. 3J30 JT LEG COMM - ELECTION

LAW STUDY (22,800)
SECT. 3J31 JT LEG COMM - EIA

SELECT COMMITTEE 0
SECT. NEW JT LEG COMM - JOINT

BOND REVIEW 75,000
SECT. 4 JUDICIAL DEPARTMENT 2,009,665
SECT. 4A SENTENCING GUIDELINES

COMMISSION (93,382)
SECT. 5A GOV OFFICE - EXECUTIVE

CONTROL (75,909)
SECT. 5B GOV OFFICE - SLED (681,881)
SECT. 5C GOV OFFICE - EXECUTIVE

POLICY (386,817)
SECT. 5D GOV OFFICE - MANSION

& GROUNDS (12,459)
SECT. 6 LIEUTENANT GOVERNOR (16,224)
SECT. 7 SECRETARY OF STATE (80,562)
SECT. 8 COMPTROLLER GENERAL (259,548)
SECT. 9 STATE TREASURER (214,104)
SECT. 10 ATTORNEY GENERAL (386,022)
SECT. 10A PROSECUTION COORDINATION

COMMISSION 948,963
SECT. 11 COMM ON APPELATE DEFENSE (50,508)
SECT. 12 ADJUTANT GENERAL (326,575)
SECT. 13 ELECTION COMMISSION 1,080,822
SECT. 14A B & C - EXEC DIRECTOR (80,538)
SECT. 14B B & C - INTERNAL

OPERATIONS (92,011)
SECT. 14C B & C - FINANCIAL

DATA SYSTEMS (154,243)
SECT. 14D B & C - BUDGET DIVISION (61,736)
SECT. 14E B & C - RESEARCH &

STATISTICS (206,404)
SECT. 14F B & C - INFORMATION

RESEARCH MGMT (115,512)
SECT. 14G B & C - GENERAL SERVICES (384,057)
SECT. 14H B & C - STATE FIRE MARSHAL (83,757)
SECT. 14I B & C - MOTOR VEHICLE

MANAGEMENT (130,115)
SECT. 14J B & C - INSURANCE SERVICES 0
SECT. 14K B & C - DIV OF HUMAN

RESOURCE MGMT (173,314)
SECT. 14L B & C - LOCAL GOVERNMENT (903,630)
SECT. 14M B & C - STATE AUDITOR (238,546)
SECT. 14N B & C - BD OF ECONOMIC

ADVISORS (21,655)
SECT. 14O B & C - RETIREMENT 0
SECT. 14P B & C - EMPLOYEE BENEFITS 9,541,210
SECT. 14Q B & C - CAPITAL

EXPENDITURE FUND 213,135
SECT. 15 HIGHER EDUCATION

COMMISSION 5,812,781
SECT. 16 HIGHER ED TUITION

GRANTS COMMISSION (841,866)
SECT. 17 CITADEL (652,332)
SECT. 18 CLEMSON (3,919,395)
SECT. 19 COLLEGE OF CHARLESTON (1,039,004)
SECT. 20 FRANCIS MARION (607,372)
SECT. 21 LANDER (398,313)
SECT. 22 S C STATE (931,155)
SECT. 23A USC - COLUMBIA (6,032,991)
SECT. 23B USC - MEDICAL SCHOOL (925,495)
SECT. 23C USC - AIKEN (367,788)
SECT. 23D USC - COASTAL (509,762)
SECT. 23E USC - SPARTANBURG (465,438)
SECT. 23F USC - BEAUFORT (86,168)
SECT. 23G USC - LANCASTER (117,518)
SECT. 23H USC - SALKAHATCHEE (85,716)
SECT. 23I USC - SUMTER (161,637)
SECT. 23J USC - UNION (45,600)
SECT. 24 WINTHROP (959,641)
SECT. 25A MUSC (4,008,304)
SECT. 25B MUSC - HOSPITAL (927,824)
SECT. 25C MUSC - EXTENSION (720,535)
SECT. 26 ADV COUNCIL VOC

& TECH ED (4,086)
SECT. 27 TECH & COMPREHENSIVE BD (5,797,223)
SECT. 28 EDUCATION DEPT (23,722,194)
SECT. 29 EDUCATIONAL TELEVISION

COMMISSION (1,097,715)
SECT. 30 WIL LOU GRAY

OPPORT SCHOOL (82,959)
SECT. 31 VOCATIONAL

REHABILITATION (899,835)
SECT. 32 DEAF AND BLIND SCHOOL (315,960)
SECT. 33 ARCHIVES AND HISTORY (251,949)
SECT. 34 CONFEDERATE RELIC ROOM (12,099)
SECT. 35 STATE LIBRARY (338,973)
SECT. 36 ARTS COMMISSION (281,293)
SECT. 37 MUSEUM COMMISSION (219,435)
SECT. 38A HEALTH AND HUMAN SERVICES

FINANCE COMMISSION 16,493,427
SECT. 38B CONTINUUM OF CARE (117,476)
SECT. 39 DEPT OF HEALTH AND

ENVIRONMENTAL CONTROL (3,903,109)
SECT. 40 MENTAL HEALTH (8,456,085)
SECT. 41 MENTAL RETARDATION (2,322,301)
SECT. 42 ALCOHOL AND DRUG ABUSE (598,014)
SECT. 43 DEPT OF SOCIAL SERVICES (5,481,100)
SECT. 44 JOHN DE LA HOWE SCHOOL (101,628)
SECT. 45 FOSTER CARE REVIEW BD (66,930)
SECT. 46 BLIND COMMISSION (198,732)
SECT. 47 AGING COMMISSION (148,644)
SECT. 48 HOUSING AUTHORITY (28,575)
SECT. 49 HUMAN AFFAIRS (107,922)
SECT. 50 VETERANS AFFAIRS (75,555)
SECT. 51 COMMISSION ON WOMEN (4,662)
SECT. 52 DEPT OF CORRECTIONS (336,481)
SECT. 53 PROBA PAROLE AND

PARDON SVC (723,995)
SECT. 54 DEPT OF YOUTH SERVICES (854,518)
SECT. 55 LAW ENFORCEMENT

TRAINING COUNCIL 0
SECT. 56 LAW ENFORCEMENT

OFFICERS' HALL 0
SECT. 57 WATER RESOURCES

COMMISSSION (310,758)
SECT. 58 LAND RESOURCES (261,047)
SECT. 59 FORESTRY COMMISSION (1,028,376)
SECT. 60 AGRICULTURE DEPARTMENT (416,805)
SECT. 61 CLEMSON - PSA (2,588,148)
SECT. 62 MIGRATORY WATERFOWL COMM (1,806)
SECT. 63 WILDLIFE AND MARINE

RESOURCES (1,218,459)
SECT. 64 COASTAL COUNCIL (92,142)
SECT. 65 SEA GRANT CONSORTIUM (30,285)
SECT. 66 PARKS RECREATION

& TOURISM (915,289)
SECT. 67 DEVELOPMENT BOARD (502,326)
SECT. 68 S C ECON DEV COORDINATION 0
SECT. 69 S C JOBS ECON

DEV AUTHORITY (40,011)
SECT. 70 PATRIOTS POINT

DEVELOPMENT AUTHORITY 0
SECT. 71 SAVANNAH VALLEY AUTHORITY (93,597)
SECT. 71A COLUMBIA QUINCENTENNIAL

COMMISSION 0
SECT. 72 OLD EXCHANGE BUILDING (7,344)
SECT. 73 PUBLIC SERVICE COMMISSION (428,973)
SECT. 74 WORKERS' COMPENSATION

COMMISSION (223,113)
SECT. 75 STATE WORKERS'

COMPENSATION FUND 1,556,578
SECT. 76 PATIENTS'

COMPENSATION FUND 0
SECT. 77 SECOND INJURY FUND 0
SECT. 78 INSURANCE DEPT (312,678)
SECT. 79A FIN INST BD -

ADMINISTRATION (1,500)
SECT. 79B FIN INST BD - EXAMINING (66,258)
SECT. 79C FIN INST BD - CONSUMER

FINANCE (27,321)
SECT. 80 DEPT OF CONSUMER AFFAIRS (132,585)
SECT. 81 LABOR DEPT (247,260)
SECT. 82 TAX COMMISSION (2,089,302)
SECT. 83 ABC COMMISSION (244,707)
SECT. 84 STATE ETHICS COMMISSION (13,430)
SECT. 85 EMPLOYMENT SECURITY COMM (9,870)
SECT. 86 ACCOUNTANCY BOARD (18,348)
SECT. 87 ARCHITECTURAL EXAM BD (14,328)
SECT. 88 AUCTIONEER COMM (7,909)
SECT. 89 BARBER EXAM BD (10,153)
SECT. 90 STATE BOXING COMMISSION (1,427)
SECT. 91 CEMETERY BD (23,679)
SECT. 92 CHIROPRACTIC EXAM BD (3,612)
SECT. 93 CONTRACTOR'S LICENSING BD (20,077)
SECT. 94 COSMETOLOGY BD (25,526)
SECT. 95 DENTISTRY BD (12,504)
SECT. 96 PROF ENGINEERS & LAND

SURVEYOR BD 77,661
SECT. 97 ENVIRONMENTAL

CERTIFICATION BD (10,205)
SECT. 98 FORESTER'S REGISTRATION BD 290
SECT. 99 FUNERAL SERVICES BD (739)
SECT. 100 GEOLOGISTS REGISTRATION

BOARD (2,814)
SECT. 101 MEDICAL EXAM BD (35,928)
SECT. 102 NURSING BD (40,557)
SECT. 103 NURSING HOME ADM-RES

CARE FACILITY

ADMINISTRATORS EXAM BD 39,246
SECT. 104 OCCUPATIONAL THERAPY BD (1,081)
SECT. 105 OPTICIANRY EXAM BD 460
SECT. 106 OPTOMETRY EXAM BD 167
SECT. 107 BD OF PHARMACY (14,491)
SECT. 108 PHYSICAL THERAPIST EXAM BD 1,693
SECT. 109 PODIATRY EXAM BD (238)
SECT. 110 PRO COUNSELORS &

THERAPIST BD (3,277)
SECT. 111 PSYCHOLOGY BD OF EXAM 6,283
SECT. 112 REAL ESTATE COMM (148,702)
SECT. 113 RESIDENTIAL HOME BLDR

COMMISSION (48,179)
SECT. 114 REGISTERED SANITARIAN BD (5,840)
SECT. 115 SOCIAL WORKER'S REG BD 2,001
SECT. 116 SPEECH PATH & AUDIO

EXAM BD (881)
SECT. 117 VETERINARY MEDICAL

EXAM BD 496
SECT. 118 PROCUREMENT &

REVIEW PANEL (5,986)
SECT. 119 DEBT SERVICE - REGULAR 6,878,869

HUGO 32,859,468
SECT. 122 AID TO SUBDIVISIONS 14,703,744
SECT. 123 AERONAUTICS COMMISSION (163,653)
SECT. 124 DEPT OF HIGHWAYS AND

PUBLIC TRANSPORTATION (53,865)/

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment.

Senator DRUMMOND spoke on the amendment.

Senator DRUMMOND moved to lay the amendment on the table.

A division was requested, resulting in a vote of 24-8.

The amendment was laid on the table.

By previous action of the Senate, the time certain had arrived to vote on the entire matter of H. 3044.

Senators POPE and LOURIE proposed the following Amendment No. 105 (RES3044.08), which was adopted:

Amend the bill, as and if amended, page 31, after line 23, by inserting an appropriately numbered new SECTION to read:

/SECTION (A). The 1976 Code is amended by adding:

"Section . The Budget and Control Board is authorized to levy revenue bonds to implement the Commission on Aging Senior Citizen Centers Program Improvement Plan which was established pursuant to the provisions of Part II, Section 32, Act 171 of 1991. The principal and interest on the bonds must be paid from the additional bingo tax levied under the provisions of Section 12-21-3440(B) of the 1976 Code, as amended by Part II, Section 32, Act 171 of 1991. The permanent improvement projects must be funded from the proceeds of the sale of the revenue bonds. The permanent improvement projects must be approved by the Commission on Aging as provided in Part II, Section 32, Act 171 of 1991."

(B) Notwithstanding the effective date provisions of DIVISION V, this section takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT overruled the Point of Order.

Senator LAND asked unanimous consent to make a motion that proponents and opponents of each amendment were granted leave at the discretion of the PRESIDENT to explain the amendment.

Senator McCONNELL objected.

Senator LOURIE asked unanimous consent to make a motion that Senators be allotted one minute to explain the amendment in lieu of its being read.

Senator LEVENTIS objected.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Courson
Courtney Fielding Giese
Hayes, R.W. Helmly Lourie
Macaulay Martin Martschink
Matthews Passailaigue Patterson
Peeler Pope Reese
Rose Russell Setzler
Shealy Stilwell Thomas
Washington Williams Wilson

Cork Drummond Hinds
Hinson Holland Land
Leatherman Leventis McConnell
Mitchell Moore Mullinax
O'Dell Saleeby Smith, J.V.
Smith, N.W.

The amendment was adopted.

On motion of Senator DRUMMOND, with unanimous consent, the proponents and opponents of each amendment were each granted a total of one minute leave to explain the amendment.

Having voted on the prevailing side, Senator PEELER moved to reconsider the vote, whereby Amendment No. 105 was adopted.

The motion to reconsider was adopted.

The question then was the adoption of Amendment No. 105.

Senator LOURIE explained the amendment.

Senator J. VERNE SMITH explained the amendment.

A division was requested, resulting in a vote of 22-17.

The amendment was adopted.

Senator SALEEBY proposed the following Amendment No. 108B (N05\8349.BD), which was not adopted:

Amend the amendment of Senator Saleeby, Doc. Name 436\12368.HC, dated April 6, 1992, by striking all after the Printer's Date and inserting:

/SECTION ___. A. Section 44-2-20(12)(a) of the 1976 Code, as added by Act 486 of 1988, is amended to read:

"(a) Farm or residential tank of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;"

B. Section 44-2-20(12) of the 1976 Code, as added by Act 486 of 1988, is amended by adding an appropriately lettered subitem to read:

"( ) farm tanks of less than one thousand one hundred gallons if the owner fails to register the tank pursuant to Section 44-2-60;"

C. Section 44-2-40(C) of the 1976 Code, as last amended by Part II, Section 18A of Act 171 of 1991, is further amended to read:

"(C) The Superb Account must be used by the department for carrying out the purposes of this chapter. The fund must be credited with all fees, charges, and judgments allowable under this chapter. Charges against the Superb Account may be made only in accordance with the provisions of this chapter. At any time the balance of the Superb Account exceeds fifteen million dollars, the The one-half cent a gallon environmental impact fee imposed in Section 44-2-60(B) is suspended until that time the balance of must be credited to the Superb Account becomes less than five million dollars. The department is responsible for notifying the Department of Agriculture when these amounts have been reached. The suspension of the environmental impact fee occurs at the end of the month in which the Department of Agriculture is notified by the department. The lifting of the suspension occurs on the first day of the month following the month in which the Department of Agriculture is notified by the department. No more than fifty dollars of the The one hundred dollar registration fee may be used by the department for the administration of the underground petroleum storage tank regulatory program established by this chapter. The amount used for administration of the program may not exceed one million two hundred thousand dollars a year."

D. That portion of Section 44-2-110 of the 1976 Code which precedes item (1), as last amended by Part II, Section 18C of Act 171 of 1991, is further amended to read:

"To encourage early detection, reporting, and cleanup of releases from leaking underground petroleum storage tanks, the department, within the guidelines established in this section, shall conduct an early detection incentive program which provides for a general grace period beginning on January 1, 1988, and ending on December 31, 1991 June 30, 1993. Pursuant thereto to, the department shall establish reasonable requirements for the written reporting of petroleum releases and distribute the forms to all persons registering tanks under this chapter and to all other interested parties upon request to be used for the purpose of reporting petroleum releases. Until the forms are available for distribution, the department shall take reports of these releases however made but shall notify any person making a report that a written report of the release will be required by the department at a later time, the form for which will be provided by the department. All sites involving releases from underground storage tanks reported to the department any time from midnight on December 31, 1987, to midnight on December 31, 1991 June 30, 1993, regardless of whether the release occurred before or after January 1, 1988, are qualified sites for the expenditure of funds from the Superb Account, provided that if a written report is filed with respect thereto to that. Any Funds so expended must be absorbed at the expense of the Superb Account, as available, without recourse to reimbursement or recovery, subject to the following exceptions:".

E. The inclusion of farm tanks of less than one thousand one hundred gallons in the Superb Account in Section 44-2-20(12) of the 1976 Code is subject to approval by the United States Environmental Protection Agency. F. This section takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

Senator SALEEBY explained the amendment.

Senator GIESE explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Fielding
Hinds Holland Land
Leventis Martin Matthews
Mullinax Patterson Saleeby
Stilwell Washington Williams

Cork Courson Courtney
Giese Hayes, R.W. Helmly
Leatherman Macaulay Martschink
McConnell Mitchell Moore
O'Dell Passailaigue Peeler
Pope Reese Rose
Russell Setzler Shealy
Smith, J.V. Smith, N.W. Thomas
Wilson

The following Senators abstained from voting:
Drummond

The amendment was not adopted.

Senator LOURIE proposed the following Amendment No. 109 (DKA\3807.SD), which was adopted:

Amend the bill, as and if amended, page 24, by adding an appropriately numbered SECTION to read:

/SECTION . Section 12-7-437 of the 1976 Code is amended to read:

"Section 12-7-437. (A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net long term capital gain recognized during the below-referenced taxable years: (1) fourteen percent for taxable years beginning in 1990; (2) twenty-nine percent for taxable years beginning in 1991 and 1992; (3) forty-four percent for taxable years beginning after 1991 1992.

(B) For purposes of this section, net long term capital gain is as defined in the Internal Revenue Code of 1986, as amended through December 31, 1988, except that the required holding period is two or more years.

(C) The commission may promulgate regulations necessary to implement the provisions of this section."/

Renumber sections to conform.

Amend totals and title to conform.

Senator LOURIE argued in favor of the adoption of the amendment and Senator WILSON argued contra.

The amendment was adopted.

Senators WILSON, CORK, PASSAILAIGUE, McCONNELL and ROSE desired to be recorded as voting against the adoption of the amendment.

Senator MULLINAX proposed the following Amendment No. 114A (ES3044.91A), which was not adopted:

Amend the bill, as and if amended, page 34, after line 20, by adding a new appropriately numbered SECTION to read:

/SECTION . (A) Section 38-7-20 of the 1976 Code is amended to read:

"Section 38-7-20. In addition to all license fees and taxes otherwise provided by law, there is levied upon each insurance company licensed by the Commissioner an insurance premium tax based upon total premiums, other than workers' compensation insurance premiums, and annuity considerations, collected by the company in the State during each calendar year ending on the thirty-first day of December. For life insurance, the insurance premium tax levied herein is equal to three fourths of one percent two and fifteen one hundredths of one percent of the total premiums collected. For all other types of insurance, except for private passenger automobile insurance, the insurance premium tax levied herein is equal to one and one-fourth percent two and fifteen one hundredths of one percent of the total premiums collected. For private passenger automobile insurance the insurance premium tax levied herein is equal to one and one-fourth percent of the total premiums collected. In computing total premiums, return premiums on risks and dividends paid or credited to policyholders are excluded.

The insurance premium taxes collected by the Commissioner pursuant to this section must be deposited by him in the general fund of the State."

(B) This section takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases of new general taxes must be enacted only by separate act."

Senator MULLINAX spoke on the Point of Order.

Senator J. VERNE SMITH spoke on the Point of Order.

Senator BRYAN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MULLINAX explained the amendment.

Senator DRUMMOND spoke on the amendment.

Senator McCONNELL argued contra to the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Hinds
Holland Land Macaulay
Martin Matthews Mullinax
O'Dell Reese Washington
Williams

Cork Courson Courtney
Drummond Fielding Giese
Hayes, R.W. Helmly Hinson
Leatherman Leventis Lourie
Martschink McConnell Mitchell
Moore Passailaigue Patterson
Peeler Pope Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Wilson

The amendment was not adopted.

Senator DRUMMOND proposed the following Amendment No. 115 (N05\8350.BD), which was adopted:

Amend the bill, as and if amended, DIVISION IV, SECTION 3, page 21, after line 36, by adding an appropriately numbered paragraph to read:

/14.___ The Installment Purchase Program is authorized to loan the Forestry Commission an amount equal to the negotiated settlement of the overtime compensation claim brought against the Commission by the United States Department of Labor, including the related Employer Contributions costs. The loan repayment schedule is to be negotiated between the Forestry Commission and the State Budget and Control Board, and the interest rate must be the same rate established by the State Treasurer. The funds for repayment are authorized to come from any existing agency resources, and must not require any additional State appropriation./

Amend further, DIVISION IV, SECTION 3, page 24, after line 34, by adding an appropriately numbered paragraph to read:

/59.___ Any unexpended balance of Fiscal Year 1991-92 appropriated funds may be carried forward into Fiscal Year 1992-93 for the purpose of repaying the amount borrowed from the Insurance Reserve Fund./

Renumber paragraphs to conform.

Amend totals and title to conform.

Senator DRUMMOND argued in favor of the adoption of the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senators LOURIE and THOMAS proposed the following Amendment No. 116B (CYY\19062.SD), which was adopted:

Amend the bill, as and if amended, page 32, by adding an appropriately numbered section to read:

/SECTION ___. 1976 Code is amended by adding:

"Section 56-31-50. (A) Rental companies engaged in the business of renting private passenger motor vehicles for periods of thirty-one days or less shall collect, at the time the vehicle is rented in South Carolina, a five percent surcharge in each rental contract. For purposes of this section, a vehicle is rented in South Carolina if it is picked up by the renter in South Carolina. The surcharge must be computed on the total amount stated in the rental agreement, except that taxes imposed by Chapter 36 of Title 12 must not be used in computing the surcharge, and the surcharge is not subject to the taxes imposed by Chapter 36 of Title 12.

(B) The surcharge must be noted in the rental contract and collected in accordance with the terms of the contract. The surcharges must be retained by the vehicle owner or the rental company engaged in the business of renting private passenger motor vehicles. Surcharges collected pursuant to this section may be used only by the vehicle owner or the rental company for reimbursement of the amount of personal property taxes imposed and paid upon these vehicles by the vehicle owner or rental company as provided by law.

(C) On February fifteenth of each year all rental companies engaged in the business of renting private passenger motor vehicles which collect surcharges pursuant to this section shall file a report with the South Carolina Tax Commission stating the total amount of South Carolina personal property taxes on private passenger motor vehicles paid in the previous calendar year, the total amount of private passenger motor vehicle rental revenues earned on rentals in South Carolina for the previous calendar year, and the amount by which the total amount of the surcharges for the previous year exceeds the total amount of personal property taxes on private passenger motor vehicles paid for the previous calendar year. All surcharge revenues collected in excess of the total amount of personal property taxes on private passenger motor vehicles must be remitted to the Tax Commission for deposit in the state general fund.

(D) Any rental company which makes a false report to the Tax Commission with the intent to misrepresent the amount of personal property taxes on private passenger motor vehicles paid or the amount of surcharges collected is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by a term of imprisonment not exceeding one year or both. Each violation constitutes a separate offense.

(E) The South Carolina Tax Commission shall promulgate those regulations necessary to implement the provisions of this section and shall provide the necessary forms to meet the filing requirements of this section.

(F) This section takes effect July 1, 1992, except that the surcharges to be imposed beginning on July 1, 1992, as provided in Section 56-31-50, shall first be used on February 15, 1994, to reimburse those property taxes paid during the year 1993. All of the surcharges collected for the period July 1, 1992, to December 31, 1992, shall accrue to the general fund of the State."/

Renumber sections to conform.

Amend totals and title to conform.

Senator LOURIE explained the amendment.

Senator McCONNELL explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courtney
Drummond Fielding Giese
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leventis Lourie Macaulay
Martin Martschink Matthews
Moore Mullinax O'Dell
Patterson Peeler Pope
Reese Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams Wilson

Carmichael Courson McConnell
Mitchell Passailaigue Rose

The amendment was adopted.

Senators PASSAILAIGUE and McCONNELL proposed the following Amendment No. 122 (RES3044.89), which was adopted:

Amend the bill, as and if amended, page 26, after line 33, by inserting an appropriately numbered proviso to read:

/129. The Governor and the Co-chairs of the South Carolina Commission on Government Restructuring must report all expenses incurred in Fiscal Year 1991-92 relating to the operation of the Commission, the report issued by the Commission, and any expenses incurred by the Commission to promote the concept of restructuring state government. The Governor and Lieutenant Governor must also report expenses incurred in Fiscal Year 1991-92 by their respective office relating to the effort to promote the concept of restructuring state government, whether or not these expenses are directly related to the operation of the Commission. These expenses shall include, but are not limited to, the cost of consulting contracts or other contractual agreements, meeting expenses, per diem, subsistence, postage, long distance telephone calls, fees, printing costs, and other costs relating to the promotion of governmental restructuring. All costs and expenses must be reported irrespective of the source of funding. The salary of a current state employee or a former state employee need not be reported unless that employee received a separate contract or a salary supplement in addition to his or her normal or regular salary for performing services for the Commission, the Office of Governor or the Lieutenant Governor relating to the promotion of governmental restructuring. The report must be submitted to the members of the General Assembly within thirty days of the approval of this act./

Renumber sections to conform.

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

The amendment was adopted.

Senator FIELDING proposed the following Amendment No. 123A (CYY\19066.SD), which was not adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. A. Section 12-36-2110(A) of the 1976 Code is amended to read:

"(A) The maximum Notwithstanding the rate of the tax imposed by this chapter, the tax imposed by this chapter is three hundred dollars four percent on the first six thousand dollars, five percent on the excess over six thousand dollars, but not more than twenty-five thousand dollars, and six percent on the excess over twenty-five thousand dollars up to a maximum of one thousand five hundred dollars of tax of the gross proceeds for each of the sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax is paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

Notwithstanding the other provisions of this section, in the case of a sale or lease of a truck or truck tractor with a manufacturer's gross vehicle weight rating of twenty-six thousand pounds or more, or, in the case of the sale or lease of equipment described in item (5) of this subsection, the maximum tax imposed pursuant to this chapter is one thousand dollars."

B. The amendment to Section 12-36-2110 of the 1976 Code contained in subsection A of this section applies with respect to sales made or leases executed after June 30, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator FIELDING argued in favor of the adoption of the amendment and Senator J. VERNE SMITH argued contra.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Carmichael Cork Fielding
Land Lourie Matthews
Patterson Saleeby Washington

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Hinson Holland
Leatherman Leventis Macaulay
Martin Martschink McConnell
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Reese Rose Russell
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Williams Wilson

The following Senator abstained from voting:
Mitchell

The amendment was not adopted.

Senators MATTHEWS and PATTERSON proposed the following Amendment No. 131 (Res3044.59), which was not adopted:

Amend the bill, as and if amended, DIVISION IV, page 32, after line 22, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 12-36-120 of the 1976 Code is amended to read:

"`Wholesale sale' and `sale at wholesale' mean a sale of: (1) tangible personal property to licensed retail merchants, jobbers, dealers, or wholesalers for resale, and do not include sales to users or consumers; (2) tangible personal property to a manufacturer or compounder as an ingredient or component part of the tangible personal property or products manufactured or compounded for sale; (3) tangible personal property used directly in manufacturing, compounding, or processing tangible personal property into products for sale; (4) materials, containers, cores, labels, sacks, or bags used incident to the sale and delivery of tangible personal property.

Provisions of this section do not apply to the manufacture or production of newspapers."/

Amend title to conform.

Renumber sections to conform.

Senator MATTHEWS explained the amendment.

Senators BRYAN, GIESE and LEATHERMAN opposed the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Fielding Land Matthews Patterson

Bryan Cork Courson
Courtney Drummond Giese
Hayes, R.W. Helmly Hinson
Holland Leatherman Leventis
Macaulay Martin McConnell
Mitchell Moore Mullinax
O'Dell Passailaigue Peeler
Pope Reese Rose
Russell Saleeby Setzler
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams
Wilson

The following Senators abstained from voting:
Martschink Shealy

The amendment was not adopted.

Senator WASHINGTON proposed the following Amendment No. 15 (JIC\6418.HC), which was not adopted:

Amend the bill, as and if amended, in Division I, page 2, by adding an appropriately numbered SECTION to read:

/SECTION ___. Notwithstanding the $300 maximum sales, use, and casual tax provided in Section 12-36-2120(A) of the 1976 Code, from July 1, 1992, through June 30, 1993, the maximum tax applicable under Section 12-36-2110(A) is five percent, not to exceed $300, on the first $12,000 of gross proceeds plus five percent on the excess over $12,000./

Renumber sections to conform.

Amend totals and title to conform.

Senator DRUMMOND spoke on the amendment.

Senator WASHINGTON explained the amendment.

Senator J. VERNE SMITH explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Carmichael Cork
Fielding Hinds Holland
Martin Matthews Patterson
Reese Saleeby Washington

Courson Courtney Drummond
Giese Hayes, R.W. Helmly
Hinson Leatherman Leventis
Macaulay Martschink McConnell
Moore Mullinax O'Dell
Passailaigue Peeler Pope
Rose Russell Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Williams
Wilson

The following Senator abstained from voting:
Mitchell

The amendment was not adopted.

Senator POPE proposed the following Amendment No. 25 (CYY\19046.SD), which was ruled out order:

Amend the bill, as and if amended, page 24, after line 37, by adding an appropriately numbered section to read:

/SECTION ____. The 1976 Code is amended by adding:

"Section 4-9-33. An appropriation from any revenue source by the governing body of the county relating to police protection that will result in reorganization or restructuring of the sheriff's department or an appropriation relating to police protection which limits the duties of the sheriff or provides for police protection by duplicating the duties and functions presently being performed by the sheriff, may not take effect unless the qualified electors of the county first approve the appropriation in a referendum called by the governing body of the county."/

Renumber sections to conform.

Amend title to conform.

Senators LEATHERMAN and DRUMMOND raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator POPE spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

On motion of Senator MOORE, with unanimous consent, Parts A (RES3044.IOC) and B (NO5/8329.BD) of Amendment 45A, proposed by Senators MOORE, POPE and MATTHEWS which were previously carried over were withdrawn.

Senator BRYAN proposed the following Amendment No. 46 (Res3044.41), which was adopted:

Amend the bill, as and if amended, page 2, after line 36, by inserting an appropriately numbered new SECTION to read as follows:

/SECTION . Notwithstanding the provisions of Section 12-21-620(5) of the 1976 Code, and for fiscal year 1992-93 only, the tax on all cigarettes made of tobacco or any substitute therefor shall be increased from three and one-half to six mills on each cigarette./

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator LAND explained the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Cork Courtney
Drummond Giese Hayes, R.W.
Helmly Leventis Lourie
Macaulay Martin Moore
Mullinax O'Dell Passailaigue
Pope Russell Setzler
Smith, J.V. Smith, N.W. Thomas Wilson

Carmichael Courson Fielding
Hinds Hinson Land
Leatherman Martschink Matthews
McConnell Mitchell Patterson
Peeler Rose Saleeby
Shealy Stilwell Washington
Williams

Reese (present) aye

McGill (absent) no

The amendment was adopted.

With unanimous consent, Senators LOURIE and LAND proposed the following Amendment No. 86A (JIC\6426.AC), which was not adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to page 24 after line 37 to read:

/SECTION ___. A. The 1976 Code is amended by adding:

"Section 61-9-312. In lieu of the annual retail permit fee required pursuant to Section 61-9-310, a retail dealer which is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, as defined by Section 61-5-10 of the 1976 Code, otherwise eligible for the retail permit under Section 61-9-310 may elect to apply for a special version of that permit which allows sales and consumption without regard to the restrictions on the days or hours provided in Sections 61-9-90, 61-9-100, 61-9-110, and 61-9-130. A retail dealer licensed by the commission to sell beer and wine only for off premises consumption may also elect to apply for the special version of the permit as provided in this section. The annual fee for this special retail permit is two thousand five hundred dollars."

B. This section takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator LAND explained the amendment.

Senator J. VERNE SMITH spoke in opposition to the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Carmichael Cork Fielding
Land Lourie Martin
Martschink Matthews McConnell
Passailaigue Patterson Rose
Saleeby Shealy Wilson

Bryan Courson Courtney
Drummond Giese Hayes, R.W.
Helmly Hinds Hinson
Holland Macaulay Mitchell
Moore Mullinax O'Dell
Peeler Pope Reese
Russell Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams

The following Senator abstained from voting:
Leventis

I abstained from this vote because the amendment deals with permits issued by the Alcohol and Beverage Commission. I am a holder of a wholesale permit.

Senator ROBERT W. HAYES, JR. proposed the following Amendment No. 110A (CYY\19060.SD), which was not adopted:

Amend the bill, as and if amended, on page 32, by adding an appropriately numbered section to read:

/SECTION ____. (1) Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-1025. (A) In addition to the taxes levied in this article on beer and wine, there is levied and collected on all beer offered for sale in this State a license tax of seventeen hundredths cents an ounce or fraction of an ounce and on all wines offered for sale a license tax of twenty-five hundredths cents an ounce or fraction of an ounce. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.

(B) The annual revenue from the tax imposed by this section must be credited to the general fund of the State except that the first $3,300,000 must be distributed annually on a per capita basis, according to the most recent United States Census, to the county alcohol and drug abuse authorities designated pursuant to Article 3, Chapter 5 of Title 61.

(C) No revenue generated by the additional license tax levied by this section may be used to reduce or supplant existing funding."

(2) This section takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Senator ROBERT W. HAYES, JR. explained the amendment.

Senator LEATHERMAN raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."

Senator ROBERT W. HAYES, JR. spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senators McCONNELL and LEVENTIS argued contra to the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courtney Drummond
Hayes, R.W. Holland Lourie
O'Dell Reese Smith, J.V.
Smith, N.W. Thomas

Carmichael Cork Courson
Fielding Giese Helmly
Hinds Land Leatherman
Leventis Macaulay Martschink
Matthews McConnell Mitchell
*Moore Mullinax Passailaigue
Patterson Peeler Pope
Rose Russell Saleeby
Setzler Shealy Stilwell
Washington Williams Wilson

*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.

The amendment was not adopted.

Debate was interrupted by adjournment.

At 9:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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