/ SECTION ___. Article 3, Chapter 4, Title 12 of the 1976 Code is amended by adding:
"Section 12-4-356. (A) There is created in the State Treasury the Spartanburg County Amusement Train Disaster Relief Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. The purpose of the fund is to compensate victims of the amusement train derailment in Cleveland Park in Spartanburg County on March 19, 2011, for medical costs not covered by insurance or other means which exceed the individual victim's share of the maximum amount recoverable from a governmental entity for a single occurrence pursuant to Section 15-78-120 of the Tort Claims Act. The obligation to compensate victims pursuant to this section does not arise until monies are credited to the fund, and only to the extent that monies are credited to the fund.
(B) The Department of Revenue shall serve as the administrator for the fund. The department shall establish a sixty day period to receive claims to the fund. For two weeks prior to the opening of the claims period, the department must publish a notice in a newspaper of general circulation in Spartanburg County the procedure by which claims may be submitted. The State Office of Victim Assistance shall provide administrative and logistical assistance to the department. The department may use up to fifty thousand dollars from the fund to defray the costs associated with managing the fund and to reimburse the State Office of Victim Assistance for any costs associated with providing support.
(C) At the close of the claims period, the department shall pay to each claimant the actual amount of their verifiable medical expenses if the aggregate amount of claims to the fund does not exceed the amount available in the fund. If the aggregate amount of claims exceeds the amount in the fund, the department shall pay each claimant a percentage of the fund equal to the percentage of the uncompensated medical expenses incurred by the claimant in relation to the total amount of uncompensated medical expenses incurred by all claimants to the fund. Funds may only be used to pay victims directly for uncompensated medical expenses and must not be used to pay subrogation claims or attorneys fees. Any monies remaining in the fund after full payment is made to all claimants must be transferred to the Insurance Reserve Fund.
(D) Notwithstanding any other provision of law, any amount paid to a claimant pursuant to this section is not subject to any tax imposed by this title." /
Renumber sections to conform.
Amend title to conform.