Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear the last two verses of Psalm 72:

"Blessed be Jehovah God, the God of Israel, Who only doeth wondrous things: And blessed be His glorious Name forever; And let the whole earth be filled with His glory. Amen, and Amen!"
Let us pray.

Lord, God of our fathers, as the beauty of springtime overcomes the storms, we pray that we shall always be able to live in the afterglow of the inspiration of the holy days.

May the remembered hymns like "Alleluia, the Strife is O'er" help us to live in the spirit of John Masefield when he said:

"Sing creatures, sing; the dust that lives by lure and lust Is kindled by the thrust of life undying."

Lord, make us all candidates for the Crown of Life.

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 Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Leventis Lourie
Macaulay Martschink Matthews
McConnell McGill Mitchell
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.

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

The following were received:

Document No. 1422
Promulgated By Department of Health and Environmental Control
Environmental Health Fees to Test Milk, Milk Products, and Frozen Desserts
Received By Lt. Governor April 3, 1992
Referred to Senate Committee on Agriculture and Natural Resources
120 day review expiration date August 1, 1992
Withdrawn April 22, 1992

Document No. 1501
Promulgated By Board of Chiropractic Examiners
Replacing All Existing Rules and Regulations
Received By Lt. Governor April 16, 1992
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 14, 1992
Withdrawn April 22, 1992

Columbia, S.C., April 21, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., April 21, 1992

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has referred the following appointment to the Rules Committee:

Appointment, Member, State Ethics Commission, with term to expire May 31, 1995:

2nd Congressional District:

Ms. Sue C. Erwin, 601 Poinsettia Street, Columbia, South Carolina 29204 VICE Emily Phillips (resigned)

Very respectfully,
Speaker of the House

Received as information.

Senator MULLINAX introduced Dr. Kenneth Smith of Anderson, South Carolina, Doctor of the Day.

At 11:45 A.M., Senator MULLINAX requested and was granted a leave of absence from 2:00-4:00 P.M. today.

At 11:55 A.M., Senator FIELDING requested and was granted a leave of absence beginning at 12:15 P.M. for the balance of the day.

On motion of Senator GIESE, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

H. 4537 -- Reps. McAbee, Kinon and McGinnis: A BILL TO AMEND CHAPTER 130 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF CHARLESTON, BY ADDING ARTICLE 3 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES TO ISSUE REVENUE BONDS IN ORDER TO PROVIDE FUNDS FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND EQUIPPING OF BUILDINGS, TO PROVIDE THAT THE BONDS MUST BE SECURED BY A LIEN ON THE PLEDGE OF REVENUES DERIVED FROM RENTALS, FEES, AND OTHER CHARGES, TO PROVIDE PROCEDURES FOR THE AUTHORIZATION OF THE BONDS; AND TO DESIGNATE SECTIONS 59-130-10 THROUGH 59-130-50 AS ARTICLE 1, CHAPTER 130, TITLE 59 AND ENTITLED "GENERAL PROVISIONS".

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recalled from the Committee on Finance and placed on the Calendar.

The following were introduced:

S. 1494 -- Senators Martschink, Shealy and Wilson: A CONCURRENT RESOLUTION CONGRATULATING BEVERLY D. BRANDES OF LEXINGTON COUNTY ON HER ELECTION AS CHAIRMAN OF THE BOARD OF TRUSTEES OF THE NATIONAL RECREATION AND PARK ASSOCIATION.

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

S. 1495 -- Senator Martschink: A CONCURRENT RESOLUTION CONGRATULATING LILLIE EDENS HERNDON OF COLUMBIA UPON BEING HONORED WITH THE THIRTY-THIRD ANNUAL "SERVICE TO MANKIND" AWARD BY THE RICHLAND SERTOMA CLUB AND THE WADE HAMPTON DISTRICT OF SERTOMA INTERNATIONAL.

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

S. 1496 -- Senator McGill: A BILL TO AMEND SECTION 46-41-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALERS OF AGRICULTURAL PRODUCTS, SO AS TO ALLOW SUCH DEALERS TO DELIVER EQUIVALENT SECURITY IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS IN LIEU OF A SURETY BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS.

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

S. 1497 -- Senator McGill: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOXES IN GAME ZONE 9, SO AS TO MAKE IT UNLAWFUL TO TRAP GRAY FOXES IN THE MANNER PROVIDED IN THE STATUTE.

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

S. 1498 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135, SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT AN INDIVIDUAL FROM ENTERING, EXITING, OR MOVING WITHIN A PUBLIC PASSAGEWAY OR BUILDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

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

S. 1499 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-25-25 SO AS TO PROVIDE A TIME REQUIREMENT FOR NOTIFICATION BY THE DRIVER LICENSING AUTHORITY OF A COMPACT JURISDICTION TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF A TRAFFIC CITATION.

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

S. 1500 -- Senator Helmly: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN BERKELEY COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE CAINHOY PRECINCT.

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

On motion of Senator HELMLY, S. 1500 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 4779 -- Rep. Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAYLORD DONNELLEY OF COLLETON COUNTY, NATIONALLY KNOWN CONSERVATIONIST WHOSE DONATIONS OF LAND IN THE LOWCOUNTRY GAVE IMPETUS TO THE ACE BASIN INITIATIVE IN THE STATE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 3293 -- Reps. Bennett, Snow and Bruce: A BILL TO AMEND SECTION 56-5-4900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND THE PROVISION THAT CERTAIN REGULATIONS AS TO BRAKES ARE INAPPLICABLE TO CERTAIN FARM TRAILERS, SO AS TO PROVIDE THAT SECTIONS 56-5-4850 TO 56-5-4900 DO NOT APPLY TO TRAILERS, NOT EXCEEDING EIGHTEEN, RATHER THAN EIGHT, THOUSAND POUNDS GROSS WEIGHT, WHICH ARE PULLED BEHIND FARM TRACTORS OR TRUCKS AND USED IN THE TRANSPORTATION OF CERTAIN FARM PRODUCTS AND ARTICLES, TO PROVIDE THAT FARM TRAILERS EXCEEDING EIGHT THOUSAND POUNDS GROSS WEIGHT WHICH ARE NOT EQUIPPED WITH BRAKES MUST BE PULLED BEHIND FARM TRACTORS OR BEHIND TRUCKS RATED BY THE MANUFACTURER AS HAVING A LOAD CAPACITY OF AT LEAST ONE TON AND HAVING AT LEAST FOUR WHEELS ON THE REAR AXLE, AND TO PROVIDE THAT ALL FARM TRAILERS MUST BE EQUIPPED WITH AND SHALL HAVE IN USE SAFETY CHAINS WHEN THE TRAILERS ARE USED TO HAUL FARM PRODUCTS AND ARTICLES.

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

H. 3582 -- Reps. M. Martin and D. Elliott: A BILL TO AMEND SECTION 17-22-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT ELIGIBLE FOR A PRETRIAL INTERVENTION PROGRAM, SO AS TO DELETE A PROVISION WHICH STATES THAT PERSONS CONVICTED OF A FISH, GAME, WILDLIFE, OR COMMERCIAL FISHERY-RELATED OFFENSE WHICH IS PUNISHABLE BY A FINE OR LOSS OF POINTS MAY NOT BE CONSIDERED FOR THIS PROGRAM, AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-115 SO AS TO PROVIDE THAT IF A PERSON CHARGED WITH ONE OF THESE OFFENSES IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM, HIS HUNTING OR FISHING LICENSE MUST NEVERTHELESS BE SUSPENDED, IF REQUIRED BY LAW, IN THE SAME MANNER AS IF HE WAS CONVICTED OF THAT OFFENSE.

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

H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.

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

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

S. 931 -- Senator Martschink: A BILL TO AMEND SECTION 59-111-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF LAW ENFORCEMENT OFFICER FOR THE PURPOSES OF FREE TUITION AT A STATE-SUPPORTED COLLEGE, UNIVERSITY, OR VOCATIONAL OR TECHNICAL SCHOOL, SO AS TO INCLUDE A PERSON PERFORMING LAW ENFORCEMENT DUTIES AT THE REQUEST OF AND UNDER THE SUPERVISION OF A FEDERAL AGENCY.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable report on:

S. 1476 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-460 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, THROUGH THE DIVISION OF INSURANCE SERVICES, TO PAY JUDGMENTS AGAINST INDIVIDUAL GOVERNMENTAL EMPLOYEES AND OFFICIALS OF LIMITED AMOUNTS IN EXCESS OF ONE MILLION DOLLARS, TO PROVIDE THAT THE PAYMENTS ARE LIMITED TO JUDGMENTS AGAINST OFFICIALS COVERED BY A TORT LIABILITY POLICY ISSUED BY THE INSURANCE RESERVE FUND FOR ACTS COMMITTED WITHIN THE SCOPE OF EMPLOYMENT, AND TO PROVIDE THAT PAYMENTS MUST BE RECOVERED BY ASSESSMENTS AGAINST ALL ENTITIES PURCHASING TORT LIABILITY INSURANCE FROM THE INSURANCE RESERVE FUND.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Finance, submitted a favorable with amendment report on:

H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 4296 -- Rep. Rama: A BILL TO AMEND SECTION 59-67-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAMPERING WITH GOVERNORS ON SCHOOL BUSES, SO AS TO SET THE SPEED LIMIT FOR SCHOOL BUSES.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 4520 -- Reps. McElveen, Mattos, J. Bailey, Farr, Keyserling, Whipper, Jennings, Waites, Houck, D. Martin, Snow, Phillips, T.C. Alexander, Barber, Rogers, Byrd, Wilkes, Harvin, Felder, J. Harris, Hodges, McTeer, Boan, Marchbanks and Kennedy: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY ISSUES RELATING TO MIDDLE, JUNIOR HIGH, AND HIGH SCHOOL STUDENTS WHO LIKELY WILL NOT ATTEND COLLEGE OR WILL DROP OUT OF SCHOOL, INCLUDING CONSIDERATIONS PERTAINING TO APPRENTICE PROGRAMS, MENTORSHIP PROGRAMS, COMMUNITY SERVICE AND BUSINESS APPROACHES, THE TECH-PREP PROGRAM, POST-SECONDARY OPTIONS PROGRAMS, AND INCENTIVES FOR GRADUATING FROM HIGH SCHOOL.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

H. 4580 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-15 SO AS TO AUTHORIZE ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OR ANY STATE-SUPPORTED POST-HIGH SCHOOL VOCATIONAL OR TECHNICAL SCHOOL TO PROVIDE CERTAIN TUITION ASSISTANCE FOR ITS PERMANENT FACULTY AND STAFF.

Ordered for consideration tomorrow.

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

H. 4688 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 29, 1992, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO SUCCEED THOSE MEMBERS OF THE BOARD WHOSE TERMS EXPIRE IN 1992.

Ordered for consideration tomorrow.

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

H. 4757 -- Reps. Gentry, Hendricks, Hodges and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 27, 1992, AT 12:00 NOON AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN JUDGES OF THE CIRCUIT COURT WHOSE TERMS EXPIRE JUNE 30, 1995, AND JUNE 30, 1997; AND TO ELECT SUCCESSORS FOR CERTAIN JUDGES OF THE FAMILY COURT WHOSE TERMS EXPIRE JUNE 30, 1992, AND JUNE 30, 1995.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

Initial Appointment, Member, Board of Financial Institutions with term to expire June 30, 1996:

Savings & Loan:

Mr. William L. Abercrombie, Jr., President, American Federal Savings Bank, F.S.B., Post Office Box 1268, Greenville, South Carolina 29602 VICE Murk Alexander

Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:

Initial Appointment, Solicitor, with term to expire December 31, 1992:

9th Judicial Circuit:

Mr. David Price Schwacke, 1490 Diamond Boulevard, Mt. Pleasant, South Carolina 29464 VICE Charles M. Condon (resigned)

S. 1489 -- Senators Passailaigue, Macaulay, McConnell, Fielding, Martschink, Mullinax, O'Dell, Washington, Carmichael, Bryan, Cork, Courson, Courtney, Drummond, Giese, Gilbert, Robert W. Hayes, Jr., Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Lourie, Martin, Matthews, McGill, Mitchell, Moore, Patterson, 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 COLONEL WILLIAM RHETT RISHER OF CHARLESTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

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

The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 4260 -- Rep. Keyserling: A JOINT RESOLUTION TO ALLOW PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA'S) TO ESTABLISH SPECIAL COMPTROLLER GENERAL ACCOUNTS FOR THE CREDITING OF TEST FEES RECEIVED IN EXCESS OF AMOUNTS APPROPRIATED TO THESE AGENCIES BEFORE JULY 1, 1992, FOR TEST EXPENSES, TO PROVIDE THAT FUNDS CREDITED TO THESE ACCOUNTS MAY BE USED ONLY TO PAY TEST EXPENSES, TO REQUIRE ACCOUNT BALANCES AT THE END OF A FISCAL YEAR TO BE REMITTED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES FOR ESTABLISHING AND EXPENDING FUNDS FROM THESE ACCOUNTS.

H. 4351 -- Rep. Snow: A BILL TO REPEAL ACT 442 OF 1986 RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF AGRICULTURE DESIGN AND PRINT DECALS WHICH MAY BE DISPLAYED WHEREVER BARBEQUE IS SOLD.

Senator LAND explained the Bill.

The following House Bills were read the third time, passed and ordered returned to the House with amendments:

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.

(By prior motion of Senator HOLLAND, with unanimous consent)

H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.

H. 4337 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, SO AS TO INCREASE BY TEN PERCENT THE MONTHLY ALLOWANCE OF A BENEFICIARY UNDER THE PROGRAM WHO WAS RECEIVING BENEFITS UNDER THE PROGRAM ON JULY 1, 1991, AND TO MAKE THE INCREASE EFFECTIVE JULY 1, 1992.

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 1301 -- Senator Williams: A BILL TO REPEAL SECTION 4-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSOLETE PROVISIONS MAKING IT UNLAWFUL FOR A COUNTY TREASURER TO PAY IMPROPERLY DRAWN ORDERS AND THE RESPONSIBILITY OF THE COMPTROLLER GENERAL TO REPORT OFFENDERS; AND TO REPEAL SECTION 11-3-180, RELATING TO THE OBSOLETE REQUIREMENT THAT THE COMPTROLLER GENERAL PRESCRIBE THE FORM OF LOCAL GOVERNMENT BOOKKEEPING, EXAMINE THE BOOKS OF COUNTY TREASURERS, AND REPORT RESULTS TO THE GENERAL ASSEMBLY.

S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment previously proposed on Tuesday, April 22, 1992.

Senator COURTNEY proposed the following amendment (JUD1351.001), which was adopted:

Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting therein the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1540. The court may consider and give such weight as it finds appropriate any one or more of the following factors as constituting a substantial change of circumstances which may justify a change of custody:
(1) intentional withholding of visitation of a child from the other parent without just cause;
(2) abuse or neglect by the custodial parent;
(3) criminal conviction or incarceration of the custodial parent;
(4) remarriage of either parent;
(5) abuse of drugs or alcohol by the custodial parent;
(6) change in age, maturity, or unique needs of the child;
(7) a disabling condition of the custodial parent which severely impairs the parent's ability to attend to the child's basic needs;
(8) relocation of residence by the custodial parent of significant distance; and
(9) any other circumstances which affect the best interests and welfare of the minor child."/

Amend title to conform.

Senator COURTNEY explained the amendment.

Senator ROSE proposed the following amendment (RES1351.01):

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

/SECTION . Chapter 63, Title 44 of the 1976 Code is amended by adding:

"Section 44-63-75. All forms for birth certificates must include the social security numbers of the child's mother and father, if known. Information contained on the birth certificate form is not determinate of paternity."/

Renumber sections to conform.

Amend title to conform.

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

Senator ROSE asked unanimous consent to withdraw the amendment. There was no objection.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

The following Bill having been read the second time was passed and ordered to a third reading:

S. 1269 -- Senators Bryan and Drummond: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE.

Senator PASSAILAIGUE asked unanimous consent to be recorded as voting "no" on second reading of the Bill.

The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

H. 4436 -- Reps. Baxley and Beasley: A BILL TO AMEND ACT 748 OF 1978, AS AMENDED, RELATING TO THE BOARD OF EDUCATION OF THE DARLINGTON COUNTY SCHOOL DISTRICT, SO AS TO REDUCE THE NUMBER OF SCHOOL BOARD MEMBERS FROM TWELVE TO EIGHT, PROVIDE THAT THE SINGLE-MEMBER ELECTION DISTRICTS FOR THE PURPOSE OF ELECTING THE MEMBERS OF THE BOARD OF EDUCATION OF DARLINGTON COUNTY ARE THE SAME AS PROVIDED BY LAW FOR THE MEMBERS OF THE DARLINGTON COUNTY COUNCIL, MAKE CHANGES TO THE LAW GOVERNING BOARD OF EDUCATION MEMBERS AND THE METHOD OF THEIR SELECTION, INCLUDING, AMONG OTHER THINGS, THE DATE OF THE COMMENCEMENT OF TERMS OF OFFICE, AND PROVIDE FOR THE EXPIRATION OF TERMS OF PRESENT BOARD OF EDUCATION MEMBERS.

On motion of Senator SALEEBY, H. 4436 was ordered to receive a third reading on Thursday, April 23, 1992.

S. 1493 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL HEALTH FEES TO TEST MILK, MILK PRODUCTS, AND FROZEN DESSERTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1422, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1314 -- Senator Land: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DAMS AND RESERVOIRS SAFETY ACT, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR OWNERS OF DAMS OR RESERVOIRS REGARDING TRANSFER OF OWNERSHIP, MAINTENANCE, AND OPERATION AND REQUIREMENTS FOR CONSTRUCTION OF NEW DAMS AND RESERVOIRS, PROVIDE RELATED REQUIREMENTS FOR THE LAND RESOURCES CONSERVATION COMMISSION, AUTHORIZE THE COMMISSION TO ASSESS FINES FOR VIOLATIONS, AUTHORIZE THE COMMISSION TO INSTITUTE LEGAL ACTION INSTEAD OF THE ATTORNEY GENERAL, AND PROVIDE FOR THE USE OF CIVIL FINES COLLECTED UNDER THIS ARTICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

The amendment proposed by the Committee on Agriculture and Natural Resources (N05\8285.BD) was adopted as follows:

Amend the bill, as and if amended, by striking Section 49-11-120(4)(a), SECTION 1, and inserting:

/(a) Any dam which is or shall be less than twenty-five feet in height from the natural bed of the stream or watercourse measured at the downstream toe of the dam, or less than twenty-five feet from the lowest elevation of the outside limit of the dam, if it is not across a stream channel or watercourse, to the maximum water storage elevation and has or shall have an impounding capacity at maximum water storage elevation of less than fifty-acre feet unless a situation exists where the hazard potential as determined by the commission is such that dam failure or improper reservoir operation may cause loss of human life.;/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. The requirements of Section 49-11-150 of the 1976 Code amended in Section 1 apply to dams or reservoirs constructed before and after the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Senator LAND explained the amendment.

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

S. 884 -- Senator McConnell: A BILL TO AMEND SECTION 11-35-3020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION PROCUREMENT PROCEDURES UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO DELETE PROVISIONS AND LANGUAGE AND TO ADD PROVISIONS EFFECTING CHANGES IN THE REQUIREMENTS FOR LISTING AND SUBSTITUTING SUBCONTRACTORS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The amendment proposed by the Committee on Finance (CYY\19101.SD) was adopted as follows:

Amend the bill, as and if amended, in Section 11-35-3020(2)(b) of the 1976 Code, as contained in SECTION 1, by striking /and/ on line 38 of page 1 and on line 39 of page 1 and inserting /and or/.

Amend the bill further, as and if amended, by inserting immediately after /subcontractor/ on line 1 of page 2 /and if the prime contractor is qualified to perform such work under the terms of the invitation for bids/.

Amend title to conform.

Senator McCONNELL explained the amendment.

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

H. 4717 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MAY 6, 1992.

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

H. 4718 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 12, 1992, FOR ITS ANNUAL STATE HOUSE MEETING.

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

H. 4745 -- Reps. Cobb-Hunter, Haskins, Glover, Bennett, Kennedy, Inabinett, Byrd, Taylor, Council, Shissias, Kirsh, Wells, Canty, Beatty, K. Burch and Felder: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1992, "WORKERS MEMORIAL DAY".

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

S. 1012 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES, SO AS TO PROVIDE FOR JUDICIALLY DETERMINED REPORTS INSTEAD OF INDICATED INVESTIGATIONS OF CHILD ABUSE AND NEGLECT TO BE COMMUNICATED TO THE STATEWIDE CENTRAL REGISTRY, DELETE THE PROVISIONS FOR A LOCAL REGISTRY AND REPORTS OF CHILD ABUSE, AND PROVIDE FOR THE DESTRUCTION OF NAMES, ADDRESSES, BIRTH DATES, AND OTHER IDENTIFYING CHARACTERISTICS OF PERSONS NAMED IN JUDICIALLY DETERMINED INSTEAD OF INDICATED REPORTS OF CHILD ABUSE AND NEGLECT.

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

Senator ROSE, with unanimous consent, proposed the following amendment (RES1012.01):

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

/SECTION . Chapter 63, Title 44 of the 1976 Code is amended by adding:

"Section 44-63-75. All forms for birth certificates must include the social security numbers of the child's mother and father, if known. Information contained on the birth certificate form is not determinate of paternity."/

Renumber sections to conform.

Amend title to conform.

On motion of Senator McCONNELL, the Bill was carried over.

S. 1323 -- Senator Drummond: A BILL TO AMEND SECTION 4-10-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION, COLLECTION, AND REVENUE DISTRIBUTION OF THE LOCAL SALES AND USE TAX, SO AS TO DELAY THE IMPOSITION DATE FROM MAY FIRST TO JUNE FIRST FOLLOWING APPROVAL AND TO DELETE AN OBSOLETE PROVISION.

Senator DRUMMOND explained the Bill.

On motion of Senator PASSAILAIGUE, the Bill was carried over.

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

On motion of Senator STILWELL, the Bill was carried over.

S. 1483 -- Senator Shealy: A BILL TO AMEND SECTION 38-77-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE PROHIBITION ON INCREASING AN INSURED'S REINSURANCE FACILITY RECOUPMENT CHARGE IF HE IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, SO AS TO PROVIDE ADDITIONALLY THAT THE RECOUPMENT CHARGE MAY NOT BE INCREASED UNLESS THE INSURED IS GUILTY OF A MOVING TRAFFIC VIOLATION WHICH MANDATES THE ASSESSMENT OF POINTS.

On motion of Senator MARTSCHINK, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAD BEEN COMPLETED.

Senator WILLIAMS was recognized.

Senator LEVENTIS made a Parliamentary Inquiry as to whether the PRESIDENT had announced that the Senate had reached the category of Interrupted Debate on the Calendar.

The PRESIDENT stated that he had not announced that the Senate had reached the category of Interrupted Debate.

Senator LEVENTIS made a Parliamentary Inquiry as to whether the Senator was speaking on S. 249, the Interrupted Debate, when the Senate had not yet arrived at that category on the Calendar.

The PRESIDENT stated that the President Pro Tempore had been recognized.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the Senate could proceed to a category on the Calendar without the PRESIDENT stating that the category had been reached.

The PRESIDENT stated that the Order of the Day is executed without the PRESIDENT stating that a specific category had been reached.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not Senator WILLIAMS was addressing his comments on S. 249.

Senator LEATHERMAN made a Parliamentary Inquiry as to whether S. 249 was the matter under consideration by the Senate.

The PRESIDENT stated that S. 249 was the matter under consideration by the Senate.

Senator WILLIAMS moved to carry over the Bill.

Senator LEVENTIS was recognized.

Senator MOORE raised a Point of Order that the motion to carry over the Bill was a nondebatable motion.

The PRESIDENT sustained the Point of Order.

Senator LEVENTIS rose to a Point of Personal Privilege.

Senator HINDS made a Point of Order that the remarks by Senator LEVENTIS should be addressed to personal remarks and not to espouse a position on a Bill.

Senator LEVENTIS spoke on the Point of Order.

Senator LEVENTIS moved to carry over S. 249.

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

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

Cork Hayes, R.W. Land
Leventis Macaulay McConnell
Passailaigue Wilson

The Bill, S. 249, was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

Senator LEVENTIS moved that the Senate dispense with the Motion Period.

Senator MOORE moved to table the motion.

The motion to dispense with the Motion Period was laid on the table.

S. 2 -- Senators Nell W. Smith, Setzler, Giese, Martschink, Mullinax and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

Senator LEVENTIS moved that the Bill be recommitted to the Committee on Finance.

The Bill was recommitted to the Committee on Finance.

H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.

Senator MOORE moved that the Bill be made a Special Order.

A roll call vote was ordered.

Senator LEVENTIS was recognized.

Senator MOORE raised a Point of Order that the motion to make a Bill a Special Order was not a debatable motion.

The PRESIDENT sustained the Point of Order.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not H. 3829 was passed over when the Senate took up the matters on the uncontested statewide Calendar.

The PRESIDENT stated that the Bill was carried over.

Senator LEVENTIS made a Parliamentary Inquiry as to which member of the Senate made the motion to carry over the Bill.

The PRESIDENT stated that Senator STILWELL made the motion to carry over the Bill.

Senator PASSAILAIGUE raised a Point of Order that the Bill, H. 3829, had not been on the Calendar for six statewide days.

Senator MOORE raised a Point of Order that the Point of Order raised by Senator PASSAILAIGUE was out of order inasmuch as a roll call had been ordered and, therefore, the Point of Order came too late.

Senator McCONNELL spoke on the Point of Order and stated that, until the roll was called, the matter was still before the Senate, and, therefore, the Point of Order was timely.

Senator LEATHERMAN spoke on the Point of Order.

Senator MOORE spoke on the Point of Order.

Senator THOMAS spoke on the Point of Order.

Senator SHEALY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order by Senator MOORE.

The PRESIDENT sustained the Point of Order raised by Senator PASSAILAIGUE that the Bill had not been on the Calendar for six statewide days.

S. 531 -- Senator Fielding: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT CONSISTS OF NINE MEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TO PROVIDE FOR THE FILLING OF VACANCIES FROM THE DISTRICTS, TO ESTABLISH THE NINE SINGLE-MEMBER DISTRICTS, TO PROVIDE THAT TRUSTEES ELECTED IN 1990 SHALL SERVE UNTIL THE EXPIRATION OF THEIR TERMS, TO PROVIDE FOR THE 1992 ELECTION FOR TRUSTEES FROM DISTRICTS ONE, TWO, FIVE, SIX, AND NINE, AND TO PROVIDE FOR THE 1994 ELECTION FOR TRUSTEES FROM DISTRICTS THREE, FOUR, SEVEN, AND EIGHT; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO CONFORM THE PETITION REQUIREMENT FOR NOMINATION TO THE SYSTEM OF REPRESENTATION PROVIDED IN THIS ACT.

Senator FIELDING moved to make the Bill a Special Order.

Senator WILLIAMS moved to table the motion.

The motion to make the Bill a Special Order was laid on the table.

H. 4274 -- Reps. Carnell, Wofford, McAbee, Waldrop, Jennings, T.C. Alexander, Altman, G. Bailey, Barber, G. Brown, Bruce, K. Burch, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, D. Elliott, Fair, Farr, Felder, Foster, Fulmer, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hendricks, Holt, Huff, J.C. Johnson, Keegan, Kempe, Keyserling, Kinon, Koon, Lanford, Littlejohn, Marchbanks, L. Martin, Mattos, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Riser, Rudnick, Scott, Sharpe, Shirley, Shissias, Smith, Snow, Stoddard, Stone, Townsend, Tucker, Wells, White, Wilder, Wilkins, Wright, A. Young, Rogers, Sturkie and Baker: A BILL TO AMEND SECTION 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL FORMS OF RETIREMENT ALLOWANCES UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER UNDER A PARTICULAR OPTION TO RECEIVE A FULL RETIREMENT ALLOWANCE RATHER THAN A REDUCED ALLOWANCE PAYABLE DURING THE MEMBER'S LIFE WITH THE PROVISION THAT AT HIS DEATH THE ALLOWANCE CONTINUES AT ONE-HALF THE RATE PAID TO HIM FOR THE LIFE OF HIS NAMED BENEFICIARY, AND TO AMEND SECTION 9-11-210, AS AMENDED, RELATING TO CONTRIBUTIONS TO THE SYSTEM, SO AS TO INCREASE THE EMPLOYEE CONTRIBUTIONS OF CLASS ONE AND CLASS TWO MEMBERS BY EIGHTY-NINE HUNDREDTHS OF ONE PERCENT TO OFFSET THE ACTUARIAL COST OF THE ABOVE PROVISION.

Senator POPE moved to recall the Bill from the Committee on Finance.

Senator DRUMMOND was recognized.

Senator PASSAILAIGUE raised a Point of Order that the Bill had not been in the Committee on Finance for five statewide days.

The PRESIDENT overruled the Point of Order.

Senator MULLINAX asked unanimous consent to make a motion that the Senate dispense with the Motion Period.

Senator PASSAILAIGUE objected.

Senator DRUMMOND, with unanimous consent, spoke on the motion to recall.

Senator LAND, with unanimous consent, spoke on the motion to recall.

Senator BRYAN raised a Point of Order that the motion was nondebatable.

Senator BRYAN moved to dispense with the Motion Period.

Senator POPE raised a Point of Order that the motion was out of order inasmuch as the motion to recall was the pending motion.

The PRESIDENT sustained the Point of Order.

The question then was the motion to recall the Bill, H. 4274, from the Committee on Finance.

Senator DRUMMOND moved to table the motion.

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

Bryan Cork Courtney
Drummond Gilbert Hayes, R.W.
Helmly Hinds Hinson
Leatherman Leventis Macaulay
Martschink McConnell McGill
Mitchell Moore Passailaigue
Reese Rose Russell
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Wilson

Carmichael Giese Holland
Land Mullinax O'Dell
Peeler Pope Saleeby
Setzler Williams

The motion to recall the Bill, H. 4274, was laid on the table.

Senator MULLINAX moved to dispense with the Motion Period.

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

Bryan Courtney Drummond
Fielding Giese Helmly
Hinds Hinson Holland
Land McGill Mitchell
Moore Mullinax O'Dell
Peeler Reese Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Washington Williams

Carmichael Cork Gilbert
Hayes, R.W. Leventis Macaulay
Martschink McConnell Passailaigue
Pope Rose Wilson

The Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

Senator BRYAN moved to carry over the Bill.

Senator McCONNELL raised a Point of Order that the motion was out of order as the matter before the Senate was S. 417.

The PRESIDENT sustained the Point of Order.

S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (NO5\7609.AL), previously proposed by Senators LAND, SHEALY and MARTSCHINK and printed in the Journal on May 22, 1991.

Senator J. VERNE SMITH, asked unanimous consent, to make a motion to carry over the Bill.

Senator PASSAILAIGUE objected.

Senator BRYAN made a Parliamentary Inquiry as to whether S. 417 could be considered inasmuch as it was not listed on the Calendar as having been reported out by the Committee on Finance.

The PRESIDENT stated that S. 417 was in the box and would have been acted on earlier in the Morning Hour but that Bill was on the Calendar in the category of Adjourned Debate.

Senator HINSON was recognized to speak on the Bill.

Senator HINSON moved to carry over the Bill.

Senator PASSAILAIGUE objected.

Senator SETZLER raised a Point of Order that the objection was out of order inasmuch as the Senator making the motion had the floor.

The PRESIDENT sustained the Point of Order.

The question then was the motion to carry over the Bill.

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

Bryan Carmichael Courtney
Drummond Giese Gilbert
Helmly Hinds Hinson
Holland Land Leatherman
Lourie Martschink McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Pope Russell Saleeby
Setzler Shealy Smith, J.V.
Smith, N.W. Stilwell Thomas
Washington Williams

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
Passailaigue Reese Rose
Wilson

The Bill, S. 417, was carried over.

S. 1077 -- Senators Washington and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT; AND TO CHANGE THE EDUCATIONAL TRAINING AND LAW ENFORCEMENT EXPERIENCE REQUIREMENTS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JUD1077.002), previously proposed by Senator STILWELL and printed in the Journal of April 14, 1992.

Senator WASHINGTON moved that the Bill be carried over.

The Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

H. 3127 -- Reps. Wilkins, Sheheen, J.W. Johnson, T.C. Alexander, Keyserling, Beasley, Boan, Huff and McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.

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

Senator LEVENTIS was recognized.

Senator POPE asked unanimous consent to make a motion that the Joint Resolution be given a second reading, with notice of general amendments, carrying over all amendments to third reading.

Senator McCONNELL objected.

Senator LEVENTIS continued speaking on the Joint Resolution.

Senator SETZLER made a Parliamentary Inquiry as to whether the Senator was speaking in favor of or in opposition to the Joint Resolution.

Senator LEVENTIS continued speaking on the Joint Resolution.

At 12:55 P.M., Senator POPE made a motion under Rule 15A to set a time certain of 1:10 P.M. today to vote on the entire matter of H. 3127.

On motion of Senator POPE, with unanimous consent, the motion under Rule 15A was withdrawn.

Senator LEVENTIS continued speaking on the Joint Resolution.

Senator HOLLAND raised a Point of Order that the speaker's remarks were not germane to the Joint Resolution.

The PRESIDENT stated that the remarks would be monitored and admonished the Senator to address his remarks to the Joint Resolution.

Senator LEVENTIS moved to carry over the Joint Resolution.

The Joint Resolution, H. 3127, was carried over.

At 1:10 P.M., Senator GILBERT requested and was granted a leave of absence from 3:30-12:00 Midnight.

S. 1327 -- Senator Williams: A BILL TO AMEND SECTION 48-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITS ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY, TO EXTEND THE LIMIT ON THE AMOUNT OF WASTE WHICH MAY BE DISPOSED OF AT THE BARNWELL FACILITY TO TWELVE MILLION CUBIC FEET THROUGH JANUARY 1, 1996, NOT TO EXCEED ONE MILLION, TWO HUNDRED THOUSAND CUBIC FEET OF WASTE FOR A CALENDAR YEAR; TO AMEND SECTION 48-48-80, RELATING TO LEGISLATIVE AUTHORIZATION FOR CONTINUED OPERATION OF THE LOW-LEVEL WASTE DISPOSAL FACILITY LOCATED NEAR BARNWELL, SOUTH CAROLINA, SO AS TO AUTHORIZE THAT FACILITY TO CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGION UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY-FORWARD OF UNUSED ANNUALIZED SITE CAPACITY, SO AS TO EXTEND THE CARRY-FORWARD PROVISION TO DECEMBER 31, 1995; TO AMEND SECTION 48-47-30(10), RELATING TO THE DEFINITION OF "REGIONAL FACILITY" IN THE SOUTHEAST COMPACT, SO AS TO CHANGE THAT DEFINITION TO AUTHORIZE THE BARNWELL FACILITY TO REMAIN THE REGIONAL FACILITY UNTIL JANUARY 1, 1996; AND TO DIRECT THE SOUTH CAROLINA REPRESENTATIVES TO THE SOUTHEAST COMPACT COMMISSION TO INITIATE NEGOTIATIONS BETWEEN THE COMPACT COMMISSION AND THE STATE OF NORTH CAROLINA REGARDING CONDITIONS AND SANCTIONS FOR ACCESS TO THE BARNWELL FACILITY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

Senator McCONNELL spoke on the Bill.

Senator MOORE spoke on the Bill.

Senator LEVENTIS raised a Point of Order that the Bill was out of order inasmuch as it was a revenue raising measure and, as such, could only be initiated in the House of Representatives.

Senator MOORE spoke on the Point of Order and stated that the Bill was not a revenue raising measure, but that it did raise fees.

Senators LEVENTIS and MOORE spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator MOORE continued speaking on the Bill.

Senator PASSAILAIGUE spoke on the Bill.

At 2:15 P.M., Senator PEELER assumed the Chair.

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

Senator MOORE moved that a call of the Senate be made.

Senator HINDS moved that the Senate stand adjourned.

The Acting President stated under the provisions of Rule 2, the motion to adjourn was of equal status with the other motions authorized to be made and, further, under the provisions of Rule 2, the first motion made is the motion that must be put.

Therefore, the motion before the Senate was Senator MOORE's motion for a Call of the Senate.

The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Giese
Gilbert Hayes, R.W. Hinds
Holland Land Leventis
Lourie Macaulay Martschink
Matthews McConnell McGill
Mitchell Moore Passailaigue
Patterson Peeler Reese
Rose Russell Saleeby
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

The Senate resumed.

Senator PASSAILAIGUE spoke on the Bill.

At 2:25 P.M., Senator J. VERNE SMITH moved under Rule 15A to set a time certain of 3:25 P.M. to vote on the entire matter of S. 1327.

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

Bryan Carmichael Courtney
Drummond Giese Gilbert
Holland Lourie Matthews
McGill Mitchell Moore
O'Dell Patterson Peeler
Saleeby Setzler Shealy
Smith, J.V. Thomas Washington
Williams

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

Having failed to receive the necessary vote, the motion failed.

Senator PASSAILAIGUE continued arguing contra to the Bill.

At 2:45 P.M., Senator MACAULAY asked unanimous consent to make a motion that the members of the Committee on Medical Affairs be granted leave to attend a meeting of the committee in the Gressette Building commencing at 3:00 P.M., and that the absent members be counted in any quorum calls, and that they be allowed to either vote by telephone from the Gressette Building or be granted leave to return to the Senate for any roll call votes.

There was no objection.

Senator PASSAILAIGUE continued arguing contra to the Bill.

Senator COURSON argued contra to the Bill.

Senator DRUMMOND spoke on the Bill.

Senator CORK argued contra to the Bill.

Senator GIESE spoke on the Bill.

At 2:00 P.M., on motion of Senator BRYAN, Senator POPE was granted a leave of absence until 3:00 P.M. today.

At 3:50 P.M., Senator LEATHERMAN requested and was granted a leave of absence beginning at 4:00 P.M. today until 11:00 A.M., Thursday, April 23, 1992.

Senator GIESE continued speaking on the Bill.

Senator SHEALY spoke on the Bill.

Senator COURSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator SHEALY continued speaking on the Bill.

Senator HOLLAND spoke on the Bill.

At 4:32 P.M., Senator MOORE moved under Rule 15A to set a time certain of 5:30 P.M. to vote on the entire matter of S. 1327.

Senator LEVENTIS moved that the Senate stand adjourned.

Senator STILWELL moved to table the motion to adjourn.

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

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

Cork Courson Hayes, R.W.
Hinds Leventis Macaulay
McConnell Wilson

The motion to adjourn was laid on the table.

The question then was the motion under Rule 15A to set a time certain of 5:30 P.M. to vote on the entire matter of S. 1327.

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

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

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

At 4:45 P.M., the Senate set 5:30 P.M. as a time certain on which to vote on the entire matter of S. 1327.

The PRESIDENT assumed the Chair.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. A (RES1327.12), which was adopted:

Amend the committee report, as and if amended, page 1327-1, by deleting lines 39 through 40, and inserting in lieu thereof:

/General Assembly is subject to the conditions provided in this section. Within one year prior to closure When the/

Amend title to conform.

Senator MOORE explained the amendment.

Senator MOORE moved that the amendment be adopted.

The amendment was adopted.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. B (RES1327.15), which was tabled:

Amend the committee report, as and if amended, page 1327-1, line 32, by deleting the phrase /January 1, 1996,/ and inserting in lieu thereof:

/June 30, 1993,/.

Amend the bill further, as and if amended, by adding the following after line 7, page 1327-2:

/Upon approval of this act by the Governor, the State Election Commission shall present the following question on the ballot in the November 1992 General Election:

"Shall the low-level radioactive waste disposal facility located at Barnwell, South Carolina, continue to serve as the regional disposal facility for the Southeast Regional Compact beyond December 31, 1992?

_ Yes

_ No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."

If this question receives a majority of the votes cast, as certified by the State Board of Canvassers, this act shall take effect on the date on which written evidence of this fact is transmitted to the Secretary of State.

Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1992, unless South Carolina voters agree in a referendum in the General Election in November 1992, to extend to June 30, 1993, the date by which the low-level radioactive waste facility at Barnwell must cease to accept waste from outside the State of South Carolina./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Hinson Holland Land
Lourie Matthews McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Pope Saleeby Shealy
Smith, J.V. Stilwell Washington
Williams

Cork Courson Hayes, R.W.
Hinds Leventis Macaulay
Martschink McConnell Passailaigue
Rose Russell Setzler
Smith, N.W. Thomas Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. C (RES1327.10), which was tabled:

Amend the committee report, as and if amended, page 1327-3, beginning on line 8, by striking subsection (E) in its entirety and inserting the following in lieu thereof:

/(E) Further, the State of North Carolina must agree by June 30, 1993, that a three-person panel appointed by the South Carolina Governor, Lieutenant Governor, and Speaker of the House of Representatives is the sole judge of whether the milestones have been met and the penalties are due. Each of the aforementioned South Carolina officials shall appoint one member to the panel. If any milestone is not accomplished by the prescribed date, 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 to agree to the three-person panel being designated as the sole judge of whether the milestones have been met or to satisfy any one of the milestones shall require the Barnwell site to immediately cease to accept waste generated within the State of North Carolina./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Hinson Holland Land
Lourie Martschink Matthews
McGill Mitchell Moore
Mullinax O'Dell Patterson
Peeler Saleeby Setzler
Shealy Smith, J.V. Stilwell
Washington Williams

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

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. D (RES1327.19), which was tabled:

Amend the committee report, as and if amended, page 1327-2, by deleting lines 17 through 38 and inserting an appropriately numbered subsection in lieu thereof to read:

/ . Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date officially adopted a Good Neighbor Policy prohibiting the location of a nuclear waste disposal or storage facility within ten miles of the border of a neighboring state./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Land Lourie Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Patterson Reese Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Washington Williams

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
Passailaigue Pope Rose
Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. E (RES1327.20), which was tabled:

Amend the committee report, as and if amended, page 1327-2, by deleting lines 17 through 38 and inserting an appropriately numbered subsection in lieu thereof to read:

/ . Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date officially adopted a Good Neighbor Policy prohibiting the location of:

(1) a hazardous waste facility within one mile of the border of a neighboring state; and

(2) a solid waste facility within one mile of the border of a neighboring state.

If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after this act's effective date, waste generated outside of the State of South Carolina may not be disposed of at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Holland Land Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Russell Saleeby Smith, J.V.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Hinds Leventis Lourie
Macaulay McConnell Passailaigue
Pope Reese Rose
Setzler Shealy Smith, N.W.
Thomas Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. F (RES1327.21), which was tabled:

Amend the committee report, as and if amended, page 1327-3, by deleting lines 8 through 38 and adding an appropriately numbered subsection in lieu thereof to read:

/ . Notwithstanding any other provision of law, no waste generated outside of the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date legally contracted with the State of South Carolina to pay to this State the sum of five million dollars for each month that each of the milestones contained in this act is not met. Further, the State of North Carolina must agree by June 30, 1993, that a three-person panel appointed by the South Carolina Governor, Lieutenant Governor, and Speaker of the House of Representatives are the sole judges of whether the milestones have been met and the penalties are due. In no case may waste generated outside of the State of South Carolina be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1995./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Land Lourie Martschink
Matthews McGill Moore
Mullinax O'Dell Patterson
Peeler Reese Saleeby
Setzler Shealy Smith, J.V.
Williams

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

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. G (RES1327.23), which was tabled:

Amend the committee report, as and if amended, page 1327-2, by deleting lines 39 through 43, and page 1327-3, by deleting lines 1 through 38 and inserting appropriately numbered subsections to read:

/( ) Notwithstanding any other provision of law, no waste generated outside of the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date legally contracted with the State of South Carolina to:

(1) Meet each of the following milestones:

(a) Submit facility license application by December 31, 1993;

(b) Issue facility license by March 15, 1995;

(c) Begin receiving the Southeast region's low-level radioactive waste by January 1, 1996;

(2) Cease sending any radioactive waste to the Barnwell facility when a milestone is not met and not to resume sending this waste until the milestone is completed;

(3) Agree that a three-person panel appointed by the South Carolina Governor, Lieutenant Governor, and Speaker of the House of Representatives are the sole judges of whether the milestones have been met.

In no case may waste generated outside the State of South Carolina be disposed of at the low-level radioactive waste facility at Barnwell after January 1, 1996.
( ) If the compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State.
( ) Notice of this section must be sent by the Department of Health and Environmental Control to the compact commission and each generator of waste shipped to Barnwell. The continued shipment of waste to Barnwell after December 31, 1992, is deemed an acceptance of the conditions set forth in this act./

Renumber sections to conform.

Amend title to conform.

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

By previous action of the Senate, the time certain of 5:30 P.M. had arrived to vote on the entire matter of S. 1327.

On motion of Senator LEVENTIS, with unanimous consent, debate on each amendment would be limited to a total of two minutes for proponents and to a total of two minutes for opponents.

Senator PASSAILAIGUE moved that the amendment be adopted.

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

The question then was the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry, as amended.

Senator MOORE explained the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry (RES1327.07) was adopted as follows:

Amend the bill, as and if amended, page 3, lines 1 through 23, by striking SECTION 2 in its entirety and inserting therein:

/SECTION 2. 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 must be 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 will 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 to receive the region's waste prior to 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 any neighboring state.

(C) The failure of North Carolina or the compact commission to satisfy the conditions set forth in subsection (B)(2) will result in the following:

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

(2) The condition set forth in (B)(2) is not met on June 30, 1994, the facility must cease to accept waste from outside the State. 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 of Representatives, 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) There is a grace period of sixty days for each milestone in subsection (D). 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 findings to the President of the Senate, the Speaker of the House of Representatives, and the Governor. If any milestone is not accomplished before the end of the grace period, 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 sixty-day grace period acknowledges the absence of any contingency in the schedule for uncontrollable events. Other than the sixty-day grace period, no consideration will be granted for any such uncontrollable events.

The failure of North Carolina or the Southeast compact commission to satisfy any one of the milestones shall require the Barnwell site to immediately cease to accept waste generated outside the State of South Carolina until the milestone is met and the penalty is paid.

(F) 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 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 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 Southeast compact members shall contractually agree to subject themselves to a court of competent jurisdiction.

Provided further, North Carolina and the 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 in the amount of waste accepted during the above-cited interim period."/

Renumber sections to conform.

Amend title to conform.

Senator ROBERT W. HAYES, JR. proposed the following Amendment No. 2 (436\12429.AC), which was tabled:

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

/SECTION . Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility located at Barnwell after June 30, 1993, if the State of North Carolina has not by that date officially adopted a Good Neighbor Policy prohibiting the location of:

(1) a nuclear waste disposal or storage facility within ten miles of the border of a neighboring state;

(2) a hazardous waste facility within one mile of the border of a neighboring state; and

(3) a solid waste facility within one mile of the border of a neighboring state.
If the State of North Carolina issues a permit for a hazardous waste or solid waste facility at a site located within one mile of the border of a neighboring state after this act's effective date, waste generated outside of the State of South Carolina may not be disposed of at the low-level radioactive waste facility located at Barnwell after the date of issuance of the permit by the State of North Carolina or January 1, 1993, whichever date is later./

Renumber sections to conform.

Amend title to conform.

Senator ROBERT W. HAYES, JR. 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 Carmichael Courtney
Drummond Giese Helmly
Lourie Martschink Mitchell
Moore Mullinax O'Dell
Patterson Reese Russell
Saleeby Shealy Smith, J.V.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Hinds Land Leventis
Macaulay McConnell McGill
Passailaigue Peeler Pope
Rose Smith, N.W. Thomas
Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 3 (RES1327.09), which was tabled:

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

/SECTION . Upon approval of this act by the Governor, the State Election Commission shall present the following question on the ballot in the November 1992 General Election:

"Shall the low-level radioactive waste disposal facility located at Barnwell, South Carolina, continue to serve as the regional disposal facility for the Southeast regional compact until January 1, 1996?

_ Yes

_ No

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square before the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square before the word `No'."

If a majority of the votes cast are in the affirmative, as certified by the State Board of Canvassers, this act shall take effect on the date on which written evidence of this fact is transmitted to the Secretary of State.

Unless the condition in the preceding paragraph is met, no waste may be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1992, and nothing in this act may be construed so as to extend the operation of the facility beyond this date./

Amend the bill further, as and if amended, by striking SECTION 6 in its entirety and inserting the following in lieu thereof:

/SECTION 6. This act takes effect subject to the provisions of Section ./

Renumber sections to conform.

Amend title to conform.

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

Senator MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 4 (RES1327.16), which was tabled:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:

/SECTION 1. Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after December 31, 1992. Nothing herein prevents the State of South Carolina from operating the facility only for low-level radioactive waste generated in South Carolina.

SECTION 2. This act takes effect upon approval by the Governor./

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 MOORE moved to lay the amendment on the table.

A division was requested, resulting in a vote of 20 to 11.

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 5 (RES1327.17), which was tabled:

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

/SECTION . Notwithstanding any other provision of law, no waste generated outside the State of South Carolina may be disposed of at the low-level radioactive waste facility at Barnwell after March 31, 1994, provided that by March 31, 1993, the State of North Carolina has legally contracted to establish one or more interim storage facilities that must accept all low-level radioactive wastes from South Carolina no later than March 31, 1994. If the State of North Carolina has not entered into such a contract by March 31, 1993, the low-level radioactive waste facility at Barnwell shall cease on that date to accept low-level radioactive waste from outside the State of South Carolina./

Renumber sections to conform.

Amend title to conform.

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

Senator LEVENTIS moved to lay the amendment on the table.

Senator MOORE asked unanimous consent to make a motion that he be granted one minute to explain the amendment.

Senator LEVENTIS objected.

On motion of Senator BRYAN, the amendment was published.

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

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

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

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 6 (RES1327.18), which was tabled:

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

/SECTION . Notwithstanding any other provision of law, no waste generated outside the Southeast compact region as it existed on March 1, 1992, may be disposed of at the facility identified in Section 48-47-30(10)(2) after December 31, 1992. Notwithstanding any other provision of law, the low-level radioactive waste disposal facility at Barnwell may not accept more than eight million four hundred thousand cubic feet of low-level radioactive waste during the period beginning January 1, 1986, and ending January 1, 1996, and the use of carry-forward of unused annualized site capacity may not result in disposal of storage of waste in excess of eight million four hundred thousand cubic feet of waste before December 31, 1995./

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 MOORE moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SETZLER desired to be recorded as voting against the adoption of the amendment.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 7 (RES1327.11), which was tabled:

Amend the bill, as and if amended, page 3, SECTION 3, by striking lines 28 through 44, and inserting in lieu thereof the following:

/"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 million, four hundred thousand cubic feet of waste prior to December 31, 1992.

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

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator LEVENTIS 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 Courtney Drummond
Giese Hinson Holland
Land Lourie Martschink
Matthews McGill Mitchell
Moore Mullinax O'Dell
Patterson Peeler Pope
Russell Saleeby Setzler
Shealy Smith, J.V. Stilwell
Williams

Cork Courson Hayes, R.W.
Helmly Hinds Leventis
Macaulay McConnell Passailaigue
Reese Rose Thomas
Wilson

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 8 (RES1327.13), which was tabled:

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

/SECTION . If the compact is declared unlawful or unconstitutional or if the continued availability of the site to the compact is declared in violation of or inconsistent with the compact by a court of competent jurisdiction, the facility shall cease to accept waste generated outside the State./

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 MOORE moved to lay the amendment on the table.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Hinson Land Lourie
Martschink Matthews McGill
Mitchell Moore Mullinax
O'Dell Patterson Peeler
Saleeby Setzler Shealy
Smith, J.V. Washington Williams

Cork Courson Hayes, R.W.
Hinds Holland Leventis
Macaulay McConnell Passailaigue
Pope Reese Rose
Russell Smith, N.W. Stilwell
Thomas Wilson

The amendment was laid on the table.

Senators McCONNELL, PASSAILAIGUE and ROSE proposed the following Amendment No. 9 (RES1327.14), which was tabled:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:

/SECTION 1. Section 48-48-80 of the 1976 Code is amended to read:

"Section 48-48-80. Beginning January 1, 1993, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and shall cease to serve as the regional disposal facility except as provided below. If, on or before December 31, 1992, the Southeast compact commission adopts and the State of North Carolina consents to mandatory guidelines requiring the State of North Carolina to establish by January 1, 1994, a storage facility to provide sufficient capacity to store the region's waste, the disposal facility at Barnwell may continue to receive waste from the Southeast compact region, not to exceed one million two hundred thousand cubic feet of waste per year. If, on January 1, 1994, no storage facility in North Carolina will accept waste from the Southeast region, the disposal facility at Barnwell shall immediately cease to accept low-level radioactive waste for disposal. 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. Beginning January 1, 1993, 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. Within one year prior to closure, 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."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL 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 Carmichael Courtney
Drummond Giese Helmly
Hinson Holland Land
Lourie Martschink Matthews
McGill Mitchell Moore
Mullinax Patterson Peeler
Pope Russell Saleeby
Shealy Smith, J.V. Smith, N.W.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
Passailaigue Reese Rose
Thomas Wilson

Hinds (Present) Nay

O'Dell (Absent) Aye

The amendment was laid on the table.

Senator MOORE proposed the following Amendment No. 10 (RES1327.22), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof:

/SECTION 1. 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."

SECTION 2. 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."

SECTION 3. 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."

SECTION 4. 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 Southeast 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."

SECTION 5. 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."

SECTION 5. 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.

SECTION 6. This act takes effect upon approval of the Governor./

Renumber sections to conform.

Amend title to conform.

Senator MOORE explained the amendment.

The amendment was adopted.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 11 (RES1327.24), which was tabled:

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

/SECTION . Effective July 1, 1992, the State Treasurer shall not remit quarterly payments to the Southeast compact commission any monies collected which are or represent the capacity assurance charge and the capacity assessment fee until the State of North Carolina provides to the State Auditor of the State of South Carolina an itemized detail accounting of year-to-date expenditures for the previous quarter and until the South Carolina State Auditor certifies to the State Treasurer that the fees are not being used for lobbying expenses, including public relations, meals, and entertainment of any low-level radioactive waste facility construction or management vendor./

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 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 Giese Helmly
Hinson Holland Land
Lourie Martschink Matthews
Mitchell Moore Mullinax
Patterson Reese Russell
Saleeby Shealy Smith, N.W.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
McGill Passailaigue Peeler
Pope Rose Setzler
Smith, J.V. Thomas Wilson

Hinds (Present) Nay

O'Dell (Absent) Aye

The amendment was laid on the table.

Senators PASSAILAIGUE, McCONNELL and ROSE proposed the following Amendment No. 12 (RES1327.25), which was tabled:

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

/SECTION . In no event shall any funds held by the State of South Carolina be expended to offset any deficits incurred by the State of North Carolina in the siting of a low-level radioactive waste facility./

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 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 Giese Helmly
Hinson Holland Land
Lourie Martschink Matthews
Mitchell Moore Mullinax
Patterson Peeler Saleeby
Shealy Williams

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
McGill Passailaigue Pope
Reese Rose Russell
Setzler Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Wilson

Hinds (Present) Nay

O'Dell (Absent) Aye

The amendment was laid on the table.

The question then was the second reading of the Bill.

Senator PASSAILAIGUE argued contra to the second reading of the Bill.

Senator LEVENTIS raised a Point of Order that the Bill was out of order inasmuch as the Bill did not contain a fiscal impact statement and, therefore, could not receive second reading.

Senator MOORE spoke on the Point of Order.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator STILWELL spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

Senator BRYAN raised a Point of Order that the Point of Order raised by Senator LEVENTIS came too late.

Senator PASSAILAIGUE spoke on the Point of Order.

Senator ROSE spoke on the Point of Order.

Senator MULLINAX spoke on the Point of Order.

Senator McCONNELL spoke on the Point of Order.

Senator MACAULAY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The PRESIDENT sustained the Point of Order raised by Senator LEVENTIS.

Senator BRYAN was recognized.

Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby the motion under Rule 15A to set a time certain was adopted.

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion to reconsider was a debatable motion.

The PRESIDENT stated that the motion to reconsider was a nondebatable motion.

The vote whereby the motion under Rule 15A to set a time certain was adopted was reconsidered.

Senator LEVENTIS was recognized.

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

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Lourie Martschink Matthews
McGill Mitchell Moore
Mullinax Patterson Peeler
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Washington Williams

Cork Courson Hayes, R.W.
Holland Leventis Macaulay
McConnell Passailaigue Pope
Reese Rose Thomas
Wilson

At 6:59 P.M., Rule 3b was invoked.

At 7:00 P.M., Senator POPE requested and was granted a leave of absence for the remainder of the day.

At 7:00 P.M., Senator REESE requested and was granted a leave of absence from 7:00-9:00 P.M.

At 7:00 P.M., Senator MARTSCHINK requested and was granted a leave of absence from 7:00-9:00 P.M.

Senator LEVENTIS argued contra to the second reading of the Bill.

Senator COURSON made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.

Senator LEVENTIS continued arguing contra to the second reading of the Bill.

On motion of Senator MULLINAX, Senator O'DELL was granted a leave of absence for the remainder of the day beginning at 7:30 P.M.

Senator LEVENTIS argued contra to the second reading of the Bill.

Senator SALEEBY asked unanimous consent to make a motion that he be recorded as voting in favor of a motion under Rule 15A.
Senator LEVENTIS objected.

Senator LEVENTIS continued arguing contra to the second reading of the Bill.

Senator MOORE made a Parliamentary Inquiry as to whether or not a fiscal impact statement had been received on the Bill.

The PRESIDENT stated that a fiscal impact statement had been received on the desk.

At 8:04 P.M., Senator MOORE moved under Rule 15A to set a time certain of 8:07 P.M. to vote on the entire matter of S. 1327.

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

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

Cork Courson Hayes, R.W.
Leventis Macaulay McConnell
Passailaigue Rose Wilson

At 8:06 P.M., the Senate set 8:07 P.M. as a time certain on which to vote on the entire matter of S. 1327.

The time certain of 8:07 P.M. had arrived to vote on the entire matter of S. 1327.

Senators GIESE and LOURIE proposed the following Amendment No. 14 (JUD1327.021), which was adopted:

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

/SECTION ___. In no event shall any appropriation of general funds by the State of South Carolina be expended to offset any deficits incurred by the State of North Carolina in the siting and building of a low-level radioactive waste facility./

Renumber SECTIONS to conform.

Amend title to conform.

Senator LOURIE moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the question then was the second reading of the Bill.

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

Bryan Carmichael Courtney
Drummond Giese Helmly
Hinson Holland Lourie
Martschink Matthews McGill
Mitchell Moore Mullinax
Patterson Peeler Pope
Reese Russell Setzler
Shealy Smith, J.V. Stilwell
Thomas Williams

Cork Courson Land
Leventis Macaulay McConnell
Passailaigue Rose Smith, N.W.
Wilson

Washington (Present) Aye

Gilbert (Absent) Nay

Hayes, R.W. (Present) Nay

Saleeby (Absent) Aye

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

Senator MOORE, with unanimous consent, was recognized for brief remarks.

On motion of Senator GIESE, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Initial Appointment, Member, Board of Financial Institutions, with term to expire June 30, 1996:

Savings & Loan:

Mr. William L. Abercrombie, Jr., President, American Federal Savings Bank F.S.B., Post Office Box 1268, Greenville, South Carolina 29602 VICE Murk Alexander

Initial Appointment, Solicitor, with term to expire December 31, 1992:

9th Judicial Circuit:

Mr. David Price Schwacke, 1490 Diamond Boulevard, Mt. Pleasant, South Carolina 29464 VICE Charles M. Condon (resigned)

Reappointment, Member, Charleston Voter Registration Board, with term to expire March 15, 1994:

Ms. Alice E. Mitchell, 2011 Savage Road, Charleston, South Carolina 29407

Reappointment, Member, Spartanburg County Voter Registration Board, with term to expire March 15, 1994:

Mr. James H. Williams, 108 Lansdale Drive, Spartanburg, South Carolina 29302

Appointment, Beaufort County Magistrate, with term to expire April 30, 1994:

Ms. Delores L. Washington, Route 1, Box 124, Yemassee, South Carolina 29945 VICE Booker T. Washington (deceased)

Initial Appointment, Union County Magistrates, with terms to expire April 30, 1995:

Act 678 of 1988:

Mr. Jack B. Webber, P.O. Box 357, Lockhart, South Carolina 29364

Ms. Sarah M. Smith, P.O. Box 35, Carlisle, South Carolina 29031

Ms. Catherine Smith, P.O. Box 484, Jonesville, South Carolina 29353

At 8:25 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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