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Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senator SETZLER proposed the following Amendment No. 79 (S-EDUC\009.SD), which was adopted:

Amend the bill, as and if amended, Part IB, Section 28, State Museum Commission, page 445, Proviso 28.7, line 16, by inserting after the word \children\ and before the word \that\:

\from South Carolina who have made reservations\

Amend sections, totals and title to conform.

Senator SETZLER explained the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Senators GREG SMITH, RYBERG, COURTNEY, WALDREP, GREGORY, LEVENTIS, PEELER, STILWELL, RANKIN and GIESE proposed the following Amendment No. 232 (3362R138.GS), which was adopted:

Amend the bill, as and if amended, Part IB, Section 49, Department of Parks, Recreation and Tourism, page 470, after line 41, by adding a new proviso to read:

/49. . (PRT: Study of Beach Jogging/Walking Trail Markers) The Department of Parks, Recreation and Tourism shall conduct a feasibility study, for planning the promotion of tourism, healthy lifestyles and recreation in the State of South Carolina, by placing jogging/walking trail markers one-half mile apart along the beaches of the State. The markers to be considered should be in harmony with the surrounding natural landscape and/or wildlife. The Department shall expend monies for the study from funds appropriated to the Department for agency operations. The study must consider the environmental issues concerning the placement of these markers and must be of a minimum cost to the State. The Department must conduct this study in concert with the local governing entities of the coastal regions./

Amend sections, totals and title to conform.

Senator GREG SMITH moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 42 (001.RDY), which was tabled:

Amend the bill, as and if amended, Part II, Section 48, page 522, line 35, by striking: Section 48 in its entirety.

Amend sections, totals and title to conform.

Senators DRUMMOND and J. VERNE SMITH argued in favor of the adoption of the amendment and Senator LAND argued contra.

Senator WILLIAMS argued contra to the adoption of the amendment.

Senator PASSAILAIGUE argued contra to the adoption of the amendment.

At 6:20 P.M., Senator RANKIN assumed the Chair.

Senator PASSAILAIGUE continued arguing contra to the adoption of the amendment.

Senator PATTERSON argued contra to the adoption of the amendment.

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

Senator PEELER spoke on the amendment.

Senator LAND moved to lay the amendment on the table.

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

Alexander         Cork             Courson

Courtney          Elliott          Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Leatherman        Leventis         Martin

McConnell         McGill           Moore

O'Dell            Passailaigue     Patterson

Peeler            RankinReese

Rose              Ryberg           Short

Wilson

Bryan             Drummond         Ford

Lander            Matthews         Mescher

Richter           Setzler          Smith, G.

Smith, J.V.       Thomas           Waldrep

Washington        Williams

Stilwell (Present) Nay

Saleeby (Absent) Aye

The amendment was laid on the table.

Senator DRUMMOND spoke on the Bill.

At 7:05 P.M., on motion of Senator J. VERNE SMITH, the Senate receded from business not to exceed twenty minutes.

At 7:25 P.M., the Senate resumed.

Senator PEELER proposed the following Amendment No. 95 (JIC\5925HTC.95), which was tabled:

Amend the bill, as and if amended, Part II, Section 55, page 529, line 14, by striking:

/ten thousand dollars/ and inserting /a uniform percentage/

Amend further, by striking the quotation mark on line 18 and inserting:

/The uniform percentage must be calculated annually by August fifteenth by the Department of Revenue and Taxation in consultation with the Comptroller General by dividing the funds appropriated for the fiscal year to reimburse local taxing entities for this exemption by the estimate of the total of property taxes imposed for operating purposes for the tax year on property eligible for the exemption. The uniform percentage

Amend sections, totals and title to conform.

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

Senator DRUMMOND moved to lay the amendment on the table.

The amendment was laid on the table.

Senators PASSAILAIGUE and WILSON desired to be recorded as voting against the motion to table the amendment.

Senators HAYES and LAND proposed the following Amendment No. 231 (PT\1996DW.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 67, page 577, by adding an appropriately lettered subsection to read:

/ . Section 12-21-2782 of the 1976 Code as added by Act 164 of 1993, is amended to read:

The commission shall promulgate rules and regulations regarding the types of machines and equipment that must be licensed and the costs associated with inspection. Notwithstanding the provisions of Section 12-21-2774(1), any machine of a type licensed as of July 1, 1993, in this State and which satisfies the conditions of Section 12-21-2776(B) may continue to operate for five years from July 1, 1993. This section may not be construed as authorizing cash payouts for credits earned after the effective date of a referendum prohibiting such payouts.
(A)(1) The Department of Revenue and Taxation shall promulgate rules and regulations regarding the types of machines that may be licensed providing for minimum technical standards for video game machines, including standards to ensure that the games are random, have a minimum payback of at least eighty percent, are secure and accountable, do not operate in a misleading or deceptive manner, and are capable of interfacing with a computerized monitoring system to be selected by the department. The regulations may also provide for the payment of the cost associated with the inspection and licensing of machines and investigation and licensing of manufacturers and distributors in the development of these technical standards. The department may contract with a qualified laboratory for the inspection of machines and may impose the cost of inspection upon the manufacturer or distributor seeking approval of the

(B) The department may contract for the purchase, lease, or operation of a computer monitoring system to which video game machines must be connected no later than July 1, 1998. The system shall provide for monitoring of the video game machines either through the use of an on-line system or the use of a dial-up system with cluster controllers, remote EPROM verification, ticket validation, central registration of machines, daily collection of accounting and security data, and the ability to disable a machine in the event of a violation of any material rule or regulation, such violation having been determined to have occurred after a hearing or an opportunity for a hearing pursuant to the Administrative Procedures Act. Any system used by the department must be compatible for connection with any machine that meets the technical requirements established by the department./

Reletter subsections to conform.

Amend sections, totals and title to conform.

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

Senator HAYES moved that the amendment be adopted.

The amendment was adopted.

Senator BRYAN proposed the following Amendment No. 140A (DKA\3997BDW.95), which was adopted:

Amend the bill, as and if amended, SECTION 67, Part II, page 577, by adding an appropriately lettered subsection to read:

/__. Section 12-21-2720 of the 1976 Code, as last amended by Section 39, Part II, Act 497 of 1994, is further amended by adding an appropriately lettered subsection to read:

Amend sections, totals and title to conform.

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

Senator BRYAN moved that the amendment be adopted.

The amendment was adopted.

Senator LEATHERMAN proposed the following Amendment No. 169 (JIC\5961HTC.95), which was adopted:

Amend the bill, as and if amended, Part II, Section 71, page 581, by striking Subsection C and inserting:

/C. Article 1, Chapter 31, Title 12 of the 1976 Code is amended by adding:

"Section 12-31-60. In lieu of all other penalties and interest provided by law, penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement."

D. This section takes effect January 1, 1996./

Amend sections, totals and title to conform.

Senator DRUMMOND explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Senator RICHTER proposed the following Amendment No. 241A (3362R143.LER), which was adopted:

Amend the bill, as and if amended, PART II, SECTION 79, page 586, by striking lines 37 through 43 and on page 587, by striking lines 1 through 15, and inserting the following to read:

/B. Section 48-47-175 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 48-47-175. A.(A)There is imposed a tax of six two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State.

(1) a report detailing the quantity, by class, and type of waste disposed of during the previous calendar quarter; and

(2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of tax imposed in (A) above.

C.(C) The Ninety-five percent of the revenues collected under pursuant to this section shall must be allocated credited to the Education Finance Act until such time as the program is fully funded. Any excess revenues shall be credited to the general fund of the State South Carolina Educational Assistance Endowment Fund, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy.

D.(D) For purposes of this section, `low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.

E.(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the shall be imposed on the various classes of waste in accordance with the following schedule:

(1) For `Class A' waste, the tax imposed by this section is the greater of an amount equal to the tax imposed in item (A) or an amount equal to the percentage of the owner operator disposal fee that the two hundred thirty five dollars bears to the disposal fee paid by the generator to the owner operator for Class A waste, but not less than the tax imposed in item (A).

(2) For `Class B' waste, the tax imposed by this section is the greater of an amount equal to the tax imposed in item (A) or an amount equal to the percentage of the owner operator disposal fee that the two hundred thirty five dollars bears to the disposal fee paid by the generator to the owner operator for Class B waste, but not less than the tax imposed in item (A).

The cubic foot amount specified is determined by the amount specified in the permits required by the State South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste."/
Amend sections, totals and title to conform.

Senator RICHTER explained the amendment.

Senator RICHTER moved that the amendment be adopted.

The amendment was adopted.

Senator DRUMMOND proposed the following Amendment No. 242 (3362R248.JD), which was adopted:

Amend the bill, as and if amended, Part II, beginning on page 586, by striking SECTION 79 and inserting:

A. Chapter 48, Title 48 of the 1976 Code is amended by adding:

"Section 48-48-140. (A) There is imposed a tax of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the

(B) The owner or operator of a low-level radioactive waste disposal facility no later than thirty days following the end of each quarter shall submit the following to the South Carolina Department of Revenue and Taxation:

(1) a report detailing the quantity and type of waste disposed of during the previous calendar quarter; and

(2) a check made payable to the South Carolina Department of Revenue and Taxation for the amount of the tax imposed in (A) above.

(C) An amount equal to six dollars a cubic foot of each cubic foot of waste disposed of in this State must be allocated to the Education Finance Act until such time as the program is fully funded. All remaining revenues collected pursuant to this section must be allocated as follows: ninety-five percent of the revenues collected pursuant to this section must be credited to the South Carolina Educational Assistance Endowment Fund, a fund separate and distinct from the general fund of the State, in the manner provided by law, and the remaining revenues must be remitted by the State Treasurer to the governing body of Barnwell County for distribution to each of the parties to and beneficiaries of the order of the United States District Court in C.A. No. 1:90-2912-6 on the same schedule of allocation as is established within that order for the distribution of "payments in lieu of taxes" paid by the United States Department of Energy.

(D) For purposes of this section `low-level radioactive waste' means property delivered to the low-level radioactive waste disposal facility in Barnwell County for long-term disposal. It does not include materials consumed or disposed of arising out of the operation of the facility.

(E) The tax imposed by this section is calculated by multiplying the amount of the tax imposed on a cubic foot by the cubic foot amount specified in the permits required by the South Carolina Department of Health and Environmental Control and submitted at the time of delivery of the low-level radioactive waste."

B. Section 48-48-80 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 48-48-80. (A) Beginning no later than January 1, 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State. Further operation of the facility beyond January 1, 1993, must be as provided in this section and by law.

(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 must exclude any site within ten miles of a neighboring state by December 31, 1993.

(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) If North Carolina fails to satisfy any one of the conditions set forth in (B)(2) or (B)(3) or if North Carolina selects a site for the storage or disposal of low-level radioactive waste within ten miles of a neighboring state the following shall result:

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

(2) The Barnwell site 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 findings

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