Printed Page 3210, Mar. 10
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Printed Page 3210, Mar. 10
| Printed Page 3230, Mar. 10
| Debate was resumed on the following Bill, the pending question being the consideration of Part II.
Rep. GAMBLE raised the Point of Order that Section 25 was out of order as it was not germane in that it did not relate to a line item in Part I. She further stated that this money did not flow through the Commission on Higher Education but was money in the various budgets of the colleges and universities.
Rep. McTEER stated that it specified how the formula was distributed.
Rep. GAMBLE stated that it may give them direction on how to send the money back for the 1995-96 fiscal year, but it has already been decided for this fiscal year we are entering.
Rep. McTEER stated that it addressed how the formula was to be distributed for this fiscal year being debated.
The SPEAKER stated that it needed to refer to a line item in Part I.
Rep. McTEER, citing page 178, Line 2, that the E & G money for the School of Medicine was an example of part of the formula money.
Rep. GAMBLE stated that the commission had no control over the money when it went to USC. She further stated that it had already been decided for this fiscal year.
Rep. McTEER stated that if the General Assembly had a statute as to how the money was distributed, then that would take precedence.
The SPEAKER stated that the provision did not have anything to do with the formula.
Rep. McTEER stated that the provision did relate to the formula. He further stated that the provision was directing the commission to distribute the money in a certain way regardless of what vote they have taken on the formula. He further stated that there was another example of the formula on page 235, line 32, the formula adjustment line.
The SPEAKER stated that there still had to be a formula and that reading by
the proviso you did not know that it related to the formula adjustment line item
and he sustained the Point of Order and ordered the section stricken from the
Bill.
The SPEAKER granted Rep. LANFORD a leave of absence for the remainder of the day.
Section 26 was adopted.
Reps. HODGES and WILKINS proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\CYY\15845AC.94), which was adopted.
Amend the bill, as and if amended, Part II, Section 27, by deleting subsection A., page 635, left hand column, lines 21-39.
Renumber sections & amend totals/title to conform.
Section 28 was adopted.
Section 29 was adopted.
Debate was resumed on Section 17.
Reps. DELLENEY and HODGES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\N05\7673BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 17, Section 12-27-400, page 623, by deleting the sentence beginning on line 30 which reads:
/No elected official may serve on the county transportation committee./
Renumber sections & amend totals/title to conform.
Rep. DELLENEY explained the amendment.
Rep. TUCKER moved to table the amendment, which was not agreed to by a division vote of 13 to 49.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. GONZALES, HASKINS, RICHARDSON, WAITES, CROMER, BREELAND, WRIGHT, ROGERS, BAKER, QUINN, BARBER,
Amend the bill, as and if amended, Part II, in SECTION 17, by striking /rural/ on line 4, page 623, right-hand column and inserting /lane miles of/
Amend the bill further, as and if amended, Part II, in SECTION 17, by striking /rural/ on line 5, page 623, right-hand column and inserting /lane miles of/
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
Rep. WILKES moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, G. Baxley Boan Brown, G. Canty Carnell Chamblee Cobb-Hunter Corning Cromer Delleney Farr Felder Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harwell Hines Hodges Houck Huff Inabinett Jennings Kennedy Kinon Kirsh Law Littlejohn Marchbanks McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas
Townsend Trotter White Wilder, D. Wilder, J. Wilkes Williams Witherspoon
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Bailey, J. Baker Barber Beatty Breeland Brown, H. Brown, J. Byrd Cato Clyborne Davenport Fair Fulmer Gamble Hallman Harrell Harrison Holt Hutson Keegan Kelley Klauber Koon Mattos McMahand Richardson Rogers Shissias Smith, D. Sturkie Tucker Vaughn Waites Walker Wells Whipper Wofford Wright Young, A.
So, the amendment was tabled.
Rep. BOAN moved to reconsider the vote whereby Amendment No. 305 was tabled.
Rep. McABEE moved to table the motion to reconsider, which was agreed to.
Rep. PHILLIPS proposed the following Amendment No. 324 (Doc Name L:\council\legis\amend\N05\7706BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 17, Section 12-27-400(B), page 623, lines 38 and 41; and Line 1, page 624, by striking /forty/ and inserting /fifty/.
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
The SPEAKER granted Rep. STURKIE a temporary leave of absence.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Reps. FARR and QUINN proposed the following Amendment No. 82 (Doc Name L:\council\legis\amend\DKA\3293BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, Section 12-47-400(B), SECTION 17, line 37, page 623, by adding at the end:
/A maximum of three hundred dollars from a county's apportionment of `C' funds may be expended annually by it's county transportation committee for administrative expenses./
Renumber sections & amend totals/title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Section 17 as amended was adopted.
Rep. McTEER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\15807AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
A. The 1976 Code is amended by adding:
"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund."
B. Section 44-93-160 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6A, is further amended to read:
"Section 44-93-160. (A) There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty twenty-five dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State to be imposed upon facilities required to be permitted pursuant to this chapter.
(B) The owner or operator of a commercial facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:
(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;
(2) a check made payable to the department for the fee due for the preceding month;
(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a commercial permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause;.
(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety."
"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at commercial permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action actions associated with infectious waste. This After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165. The Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this item section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
D. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\N05\7669BDW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
A. Section 58-17-4095 of the 1976 Code, as added by Act 542 of 1988, is amended to read:
"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks, and no person may walk on a railroad track unless the person:
(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;
(2) has authority from the railroad which owns the right-of-way;
(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;
(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some a similar public authority and must shall enter onto the railroad right-of-way to carry out his or her responsibilities; or
(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must shall enter onto the railroad right-of-way to carry out his responsibilities; or
(6) is a land surveyor, an employee, or another individual subject to the supervision of the land surveyor while working within the scope of employment. (B) For the purposes of this section, the term `vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.
(C) Revenues collected from fines imposed pursuant to this section must be used to fund the Schoolhouse Safety Resource Center's other operating expenses under the South Carolina Education Improvement Act. A person violating the provisions of who violates this section is guilty of a misdemeanor and, upon conviction, shall pay a fine of must be fined not more than two hundred dollars or serve a term of imprisonment for imprisoned not more than thirty days."
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 12 was out of order as it was not germane in that it did not relate to a line item.
Rep. McABEE argued contra the Point.
The SPEAKER stated that it did not relate to a line item in Part I and he sustained the Point of Order and ruled the amendment out of order.
Reps. M.O. ALEXANDER and GAMBLE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\BBM\10994JM.94), which was adopted.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:
Section 38-55-510. This article is known and may be cited as the `Omnibus Insurance Fraud and Reporting Immunity Act'.
Section 38-55-520. The purpose of this article is to confront aggressively the problem of insurance fraud in South Carolina by facilitating the detection of insurance fraud; to allow reporting of
Section 38-55-530. As used in this article:
(a) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.
(b) `Insurer' shall have the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.
(c) `Person' means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical provider, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.
(d) `False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made for the purpose of obtaining or denying or causing another to obtain or deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud.
(e) `Immune' means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the insurer or authorized agency against the insured or gross negligence or reckless disregard for his rights is present.
Section 38-55-540. Any person or insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud or deceive, who assists, abets, solicits, or conspires with such person or insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the benefit received is less than one thousand dollars. Upon conviction, the
Printed Page 3210, Mar. 10
| Printed Page 3230, Mar. 10
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