We accepted this matter is our original jurisdiction, not to decide whether the Barnwell landfill should remain open or should close, but solely to determine whether seсtions B & D of Part II, section 79 of the 1995 Appropriations Act violate Article III, § 17 of the South Carolina Constitution. 1 We hold that they do not.
FACTS
The Southeastern Low-Level Radioactive Waste Manаgement Compact (Southeastern Compact) was adopted by the General Assembly in 1982. It was intended to address the problem of disposal of low-level radioactive waste on a regional basis. S.C. Code Ann. § 48-47-10 et seq. (1987). Under th compact, South Carolina was to serve as the initial host facility, with the Barnwell landfill being the only southeastern waste facility. S.C. Code Ann. §§ 48-47-30, 48-47-80 (1987). The Barnwell facility was originally scheduled to cease accepting out-of-state waste in January, 1993, but the date was extended to Januаry, 1996. 2 S.C. Code Ann. §§ 48-48-80 (Supp. 1994).
In the 1995 Appropriations Act, the Legislature removed South Carolina from the Southeastern Compact and eliminated the requirement that the Barnwell Facility cease accepting out-of-state waste in January, 1996. By Act No. 145, *86 Part II, § 79, 1995 Acts 1444, the Legislature amended Title 48, Chapter 48 to: (A) impose a tax of two hundred thirty-five dollars per cubic foot on low-level radioactive waste disposed of in this State (revenues to be used in part for the South Carolina Educational Assistance Endowment Fund); (B) crеate a “Low-Level Radioactive Waste Compact Negotiating Committee” to establish a new compact; (C) require forty dollars per cubic foot оf revenues generated by the facility from Southeastern generators be allocated to the General Fund; and (D) repeal Title 48, Chapter 47 (the Southeastern Cоmpact).
Petitioners raise no challenge to Subsections A & C above but contend Subsections B & D violate the “One-Subject” provision of Article III, § 17 of the South Carolina Constitution in that they do not relate to revenue-raising measures. We disagree.
DISCUSSION
We emphasize, at the outset, that the determination of the social and economic desirability of the Barnwell landfill is not the issue before this court. We do not sit as a suрer legislature to second guess the wisdom or folly of decisions of the General Assembly. As we must, we follow the law and decisions heretofore set forth in this state. Doing so, wе reach the inevitable conclusion that the “One-Subject” provision of Article III, § 17 was not violated in this case.
The purpose of Article III, § 17 is to prevent the General Assembly from being misled into passing bills containing provisions not indicated in their titles, and to apprise the people of the subject of proposed legislation and thus give them an opportunity to be heard if they so desire.
Colonial Life Ins. Co. v. South Carolina Tax Comm’n,
Here, Petitioners contend subsections B and D are not reasonably and inherently related to appropriations. We disagree. Subsection B creates a committee to establish a new compact and gives that committee authority to negotiate contracts with other states and individual generators, and to provide for an appropriate host fee to be paid. Further, subsection D, repealing the Southeastern Compact, is necessary to permit the Barnwell Landfill to continue accepting out-of-state waste beyond January, 1996, thereby generating further revenues. Without these sections, Barnwell will not generate the amount of revenues sought by the General Assembly. Furthermore, subsections B & D are integral to section 79 in that they amend and repeal existing laws necessary to effectuate the legislative intent expressed in subsections A & C. The Legislature was not required to enaсt separate measures to achieve this result. Deloach, supra. Accordingly, we find that subsections B & D are clearly related to the raising and spending of revenues and therefore comply with Article III, § 17. 3
We havе repeatedly upheld enactment of measures through appropriations acts in cases analogous to the present situation.
See e.g. Powell v. Red Carpet Lounge,
A review of cases in which this Court has found a violation of Article III, § 17 readily demonstrates the distinction between the present measure and those invalidated.
See, e.g., Ex parte Georgetown Water & Sewer District,
Finally, we reject Petitioners’ claim that we should read the provisions of Section 79 in isolation, requiring each provision to relate directly to appropriations. The simple answer to this contention is that it is contrary to prior case law of this state. Powell, Hercules, Caldwell, supra. In any event, as noted previously, subsections B and D are inherently related to appropriations matters as they are necessary to effectuate the legislativе intent in allowing the landfill to remain open to out-of-state waste in order to generate further revenue.
*89 We reiterate that it is not the province of this Court to dеtermine the sagacity of leaving open the Barnwell facility; our sole duty is to interpret and apply prior case law of this State. Applying such precedеnt to this matter, it is inescapable that Parts B & D of Section 79 are germane to the subject of appropriations. Accordingly, we find their inclusion in the 1995 appropriations Act does not violate the one subject provision of Article III, § 17.
Judgment for respondents.
Notes
“Every Act or resolution having the effect of law shall relate to but one subject, and that shall be expressed in the title.” S.C. Const. art. III, § 17.
North Carolina, which was scheduled to be the next host state for the southeastern compact, has not to date completed its disposal facility.
Petitioners urge that the action of the Legislature in apрending this measure to the Appropriations Act constitutes “logrolling” or “bobtailing.”
See Arthur v. Johnston,
