Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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Printed Page 2460 . . . . . Friday, May 5, 1995
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) Effective with revenue collected in fiscal year 1993-94, all revenue generated from the assessment on nonregion waste must be credited by the State Treasurer to the general fund of the State except that ten percent of the revenue, not to exceed two million, five hundred thousand dollars in a fiscal year, must be remitted by the State Treasurer to the governing body of Barnwell County.

(G) Nonregion waste may not be imported and disposed of at the Barnwell facility.

(H) If the continued availability after December 31, 1992, of the site to the compact is declared in violation of, or inconsistent with, the compact by a court of competent jurisdiction because of the conditions set forth in this section or by law, the facility shall cease to accept waste generated in North Carolina immediately and from outside the State or from other Southeastern Compact states as of July 1, 1994.

(I) Nothing in this section must be construed to alter or diminish the existing statutory authority of the South Carolina Department of Health and Environmental Control to regulate activities involving radioactive materials or radioactive wastes.

(A) The Governor shall appoint a Low-Level Radioactive Waste Compact Negotiating Committee. The committee shall be composed of seven members appointed by the Governor, three who shall be from the State at large, two who shall be members of the South Carolina Senate recommended by the President Pro Tempore of the Senate, and two who shall be members of the South Carolina House of Representatives recommended by the Speaker. The committee shall negotiate with representatives of other states to establish a new low-level radioactive waste management compact, subject to the following requirements:

(1) the committee shall only negotiate with states that have demonstrated a commitment to the compacting process and that have made substantial progress in implementing that process and who have passed an act authorizing representatives to enter compact negotiations;

Printed Page 2461 . . . . . Friday, May 5, 1995
(2) the State, as the initial host state, must have ultimate authority over access to the Barnwell facility and the terms and conditions for such access;

(3) the Compact Commission, subject to approval by the South Carolina representatives on the commission, must have authority to negotiate contracts with other states and with individual generators directly; and

(4) the compact must provide for an appropriate host fee to be paid to Barnwell County.

(5) the compact must be ratified by a joint resolution of the General Assembly.

(B) In accordance with Section 13-7-30, 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.

(C) Nothing in this section must be construed to alter or diminish the existing statutory authority of the department to regulate activities involving radioactive materials and radioactive wastes.

(D) No low-level radioactive waste generated within the State of North Carolina may be disposed of at a facility located in this State."

C. Notwithstanding the distribution provisions of Section 48-48-140(C) of the 1976 Code as added by this section, an amount equal to forty dollars a cubic foot of waste disposed of in this State from July 1, 1995, through December 31, 1995, originating from generators in the Southeast region must be allocated to the general fund of the State.

D. Chapter 47, Title 48 of the 1976 Code is repealed./

Amend the bill further, Part II, Section 82, page 590, line 4, by striking /48-47-175(C)/ and inserting /48-48-140(C)/

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

Point of Quorum

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

Printed Page 2462 . . . . . Friday, May 5, 1995
Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:

Alexander         Bryan            Cork

Courtney          Drummond         Ford

Giese             Glover           Gregory

Hayes             Land             Lander

Leatherman        Leventis         Martin

Matthews          McConnell        McGill

Mescher           Moore            O'Dell

Passailaigue      Patterson        Peeler

Rankin            Reese            Richter

Rose              Russell          Ryberg

Setzler           Short            Smith, G.

Smith, J.V.       Stilwell         Thomas

Waldrep           Washington       Wilson

A quorum being present, the Senate resumed.

Presence Recorded

Senators COURSON and ELLIOTT recorded their presence subsequent to the Call of the Senate.

Senator BRYAN spoke on the amendment.

Senator CORK argued contra to the adoption of the amendment.

Senator CORK moved to lay the amendment on the table.

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

Ayes 11; Nays 29

AYES

Bryan             Cork             Elliott

Gregory           Hayes            Leventis

McConnell         Passailaigue     Richter

Rose              Short

TOTAL--11

NAYS

Alexander         Courtney         Drummond

Ford              Giese            Glover





Printed Page 2463 . . . . . Friday, May 5,
1995



Land              Lander           Leatherman

Martin            Matthews         McGill

Mescher           Moore            O'Dell

Patterson         Peeler           Rankin

Reese             Russell          Ryberg

Setzler           Smith, J.V.      Stilwell

Thomas            Waldrep          Washington

Williams*         Wilson

TOTAL--29

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

PAIRED

Courson (Present) Aye

Saleeby (Absent) Nay

PAIRED

Smith, G. (Present) Aye

Jackson (Absent) Nay

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

The amendment was adopted.

Recorded Vote

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

Statement by Senator ROSE

I voted against Amendment No. 242 for several reasons. This amendment would require South Carolina to unilaterally dissolve the Southeast Low Level Radioactive Waste Compact when, ironically, South Carolina probably is the only state that needs the compact. I have never received a satisfactory explanation of, or heard a satisfactory plan of action showing, how dissolving the compact would be better than the alternatives, such as closing Barnwell next December to every state except South Carolina or going through proper protocol to ask the compact to ban

Printed Page 2464 . . . . . Friday, May 5, 1995
North Carolina from shipping waste to Barnwell. Dissolution of the compact is premature; probably would cause more harm than good; and probably would ensure that South Carolina has to take the waste of not only the seven states of the compact, but of all fifty states, indefinitely. This could result in South Carolina being the national garbage can forever.

Amendment No. 229

Senator PEELER proposed the following Amendment No. 229 (S-AGRI\3362B3.HSP), which was tabled:

Amend the bill, as and if amended, Part II, Section 79, page 587, line 3, by striking /Ninety-five percent/ and inserting /Eighty-five percent/.

Amend further, Part II, Section 79, Subsection B., page 587, by adding after line 15:

/(F) Ten percent of the revenues collected pursuant to this section must be credited to the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund, a fund which must be established by the State Treasurer as separate and distinct from the general fund. The State Treasurer must remit funds from the South Carolina Low-level Radioactive Waste Generators' Economic Assistance Fund to the Department of Commerce which must use these funds to provide economic assistance to radioactive waste generators located in South Carolina, according to guidelines established by the Department of Commerce./

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator PEELER moved that the amendment be adopted.

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 138

Senator SETZLER proposed the following Amendment No. 138 (S-EDUC\007.EMS), which was adopted:

Amend the bill, as and if amended, Part II, Section 82, page 590, line 13 , by inserting after /each program./:

/For the purposes of the allocation to the Higher Education Scholarship Grants program, the Budget and Control Board shall release a minimum of ten million dollars annually beginning with the 1996-97 fiscal year./

Printed Page 2465 . . . . . Friday, May 5, 1995
Amend the bill further, as and if amended, Part II, Section 82, page 590, line 12, by striking /The Budget and Control Board/ and inserting:

/The authority/.

Amend sections, totals, and title to conform.

Senator SETZLER explained the amendment.

The amendment was adopted.

Amendment No. 136

Senator SETZLER proposed the following Amendment No. 136 (S-EDUC\004.EMS), which was adopted:

Amend the bill, as and if amended, Part II, SECTION 84, page 598, line 6, by inserting:

/( ) is of good moral character and has never been convicted of a felony;/.

Amend the bill further, as and if amended, Part II, SECTION 84, page 598, line 16, by inserting:

/( ) is of good moral character and has never been convicted of a felony;/.

Amend the bill further, as and if amended, Part II, SECTION 84, page 598, line 25 by inserting:

/( ) is of good moral character and has never been convicted of a felony;/.

Reletter subitems to conform.

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 137

Senator SETZLER proposed the following Amendment No. 137 (S-EDUC\003.EMS), which was adopted:

Amend the bill, as and if amended, Part II, Section 84, page 598, line 15, by striking /twenty-five/ and inserting:

/fifty/.

Amend sections, totals and title to conform.

Printed Page 2466 . . . . . Friday, May 5, 1995
Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 15A

Senator PASSAILAIGUE proposed the following Amendment No. 15A (S-EDUC\029.EMS), which was adopted:

Amend the bill, as and if amended, Part II, Section 84, page 598, line 7, by striking line 7 and inserting:

/(e) is found to be in financial need as defined in this chapter./

Amend the bill further, as and if amended, Part II, Section 84, page 598, line 17, by striking line 17 and inserting:

/(d) is found to be in financial need as defined in this chapter./

Amend the bill further, as and if amended, Part II, Section 8, page 598, line 26, by striking line 26 and inserting:

/(d) is found to be in financial need as defined in this chapter./

Amend the bill further, as and if amended, Part II, Section 8, page 599, line 23, by inserting a new section to read:

/Section 59-145-90. For the purposes of this chapter, financial need shall be based on the yearly adjusted gross family income for the preceding year. If the adjusted gross family income is fifty thousand dollars or less, the student is eligible for a scholarship grant up to the amount of the cost of tuition at the school in which he is enrolled. If the income is greater than fifty thousand dollars, the percentage of tuition paid must be reduced by the percentage that the income is greater than fifty thousand dollars. The commission is authorized to periodically adjust the fifty thousand dollar figure based on inflation. The commission shall promulgate regulations to provide a formula for adjusting scholarships within the guidelines of this section so as to reflect factors other than adjusted gross income which may affect a family's ability to pay, such as the number of family members in the household.

Amend sections, totals and title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Printed Page 2467 . . . . . Friday, May 5, 1995
Amendment No. 237

Senator RYBERG proposed the following Amendment No. 237 (3362R242.WGR), which was adopted:

Amend the amendment bearing No. 170, (Land Amendment), by adding the following section:

/"Section 14-4-100. Candidates for judicial offices to be filled by election of the General Assembly must refrain from visiting the State House for the purpose of meeting members and campaigning for office until a period of forty-eight hours after the Judicial Merit Selection Panel has submitted its nominations to the General Assembly for those judgeships.

Violations of this section shall be punishable in the same manner violations of Section 14-4-80(C) are punished.

The provisions of this section do not apply to appointments in the State House initiated and requested by members of the General Assembly for the purpose of meeting or discussing various matters with these judicial candidates."/

Amend sections, totals and title to conform.

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

Senator RYBERG moved that the amendment be adopted.

The amendment was adopted.

Point of Order

Senator COURTNEY raised a Point of Order that Amendment No. 170 was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Point of Order

Senator COURTNEY raised a Point of Order that Amendment No. 110A was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT took the Point of Order under advisement.

Objection

Senator RICHTER asked unanimous consent to have the final version of Amendment No. 242 conform to include the language contained in his Amendment No. 141A.

Senator MOORE objected.

Printed Page 2468 . . . . . Friday, May 5, 1995
Amendment No. 244

Senators LEATHERMAN, PASSAILAIGUE and J. VERNE SMITH proposed the following Amendment No. 244 (JIC\5970AC.95), which was adopted:

Amend the amendment of Senator McConnell, designated as Amendment Number 131A, by striking the new section added to Part II and inserting:

/SECTION

TO PROVIDE THAT THE MEMBERSHIP OF THE JOINT BOND REVIEW COMMITTEE IS INCREASED BY SIX ADDITIONAL MEMBERS FOR PURPOSES OF ANY MATTERS COMING BEFORE THE COMMITTEE REGARDING THE SALE, LEASE, RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF THE REAL OR PERSONAL PROPERTY OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, IN WHOLE OR IN PART, WITH A VALUE IN EXCESS OF TWENTY-FIVE MILLION DOLLARS AS DETERMINED BY THE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE SHALL BE ALLOWED TO PARTICIPATE IN A PUBLIC HEARING WHICH THE MEDICAL UNIVERSITY OF SOUTH CAROLINA MUST HOLD BEFORE THE MEDICAL UNIVERSITY OF SOUTH CAROLINA APPROVES THE TRANSACTION BUT THE COMMITTEE SHALL NOT ENGAGE IN APPROVING OR DISAPPROVING THE TRANSACTION AT THAT STAGE; TO PROVIDE THAT THE JOINT BOND REVIEW COMMITTEE MAY HOLD ITS OWN PUBLIC HEARINGS ON AND SHALL APPROVE OR DISAPPROVE ANY MEDICAL UNIVERSITY OF SOUTH CAROLINA PROPOSAL SUBMITTED; AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL NOT IMPLEMENT ANY PROPOSAL REGARDING A TRANSACTION WHICH HAS NOT RECEIVED A FAVORABLE VOTE FROM THE JOINT BOND REVIEW COMMITTEE.

(A) Notwithstanding any other provision of law, the membership of the Joint Bond Review Committee, for purposes of any matters coming before it regarding the sale, lease, rental, use, transfer, or other disposition of the real or personal property of the Medical University of South Carolina, in whole or in part, with a value in excess of twenty-five million dollars as determined by the Budget and Control Board, is increased by six additional members, who shall have all plenary powers pertaining thereto. Three of these additional members of the committee shall be members of the House of Representatives appointed by the Speaker of the House, and

Printed Page 2469 . . . . . Friday, May 5, 1995
three of whom shall be members of the Senate appointed by the Lieutenant Governor. The Speaker of the House and the Lieutenant Governor shall make these appointments by July 1, 1995. These six members shall cease participating with the Joint Bond Review Committee upon final approval or disapproval of this transaction by the committee.

(B) The committee:

(1) shall be invited to and allowed to participate in a public hearing which must be held by the Medical University of South Carolina prior to the Medical University of South Carolina approving any transaction but the committee shall not be engaged in approving or disapproving any transaction at this stage;

(2) may itself conduct public hearings on any proposal submitted by the Medical University of South Carolina for its approval;

(3) shall approve or disapprove any proposal submitted by the Medical University of South Carolina Board.

(C) The board of trustees of the Medical University of South Carolina shall not implement any proposal regarding this transaction which has not received a favorable vote from the committee as constituted under subsection (A) of this section.

(D) All other provisions of law pertaining to this transaction, including those pertaining to the Commission on Higher Education and the State Budget and Control Board, remain in full force and effect.

(E) This section takes effect July 1, 1995./

Amend sections, totals and title to conform.

Senator LEATHERMAN explained the amendment.

Senator LEATHERMAN moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 131A

Senator McCONNELL proposed the following Amendment No. 131A (GJK\21949SD.95), which was adopted:

Amend the bill, as and if amended, Part II, on page 601 after line 31, by adding a new section to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-67 SO AS TO PROVIDE THAT NO GOVERNMENTAL BODY SHALL CONTRACT FOR THE SALE, LEASE, RENTAL, USE, TRANSFER, OR OTHER DISPOSITION OF ITS REAL OR PERSONAL PROPERTY, IN WHOLE OR IN PART, WITH A VALUE IN EXCESS OF
Printed Page 2470 . . . . . Friday, May 5, 1995
TWENTY-FIVE MILLION DOLLARS AS DETERMINED BY THE STATE BUDGET AND CONTROL BOARD WITHOUT PRIOR APPROVAL OF THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION.

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