Printed Page 3350, Mar. 10
| Printed Page 3370, Mar. 10
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Printed Page 3350, Mar. 10
| Printed Page 3370, Mar. 10
| "Section 56-1-140. The Department shall Upon the payment of a fee of ten twelve dollars and fifty cents, the department shall issue to every qualified applicant qualifying therefor a driver's license as applied for, which. The license shall must bear thereon on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be is valid until it has been so signed by the licensee. The license shall authorize authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
C. Section 56-1-200 of the 1976 Code is amended to read:
"Section 56-1-200. In the event that If a driver's license is lost or destroyed, the person to whom the license was issued may, upon payment of a fee of fifty cents three dollars, may obtain a duplicate or, substitution thereof of it upon furnishing proof satisfactory to the department that such the license has been lost or destroyed."
D. The first paragraph of Section 56-1-210 of the 1976 Code is amended to read:
"Every license expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from any a person authorized by law to examine eyes.
E. Section 56-3-376 of the 1976 Code, as last amended by Section 22C, Part II, Act 164 of 1993, is further amended by adding at the end:
"Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."
F. This section takes effect January 1, 1995./
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Rep. McLEOD explained the amendment.
The amendment was then adopted.
Let the record reflect that I voted "no" on raising the motor vehicle fees.
Rep. IRENE K. RUDNICK
Rep. A. YOUNG moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. McLEOD moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Beatty Brown, G. Brown, J. Byrd Cooper Corning Davenport Keyserling Marchbanks McElveen McLeod Rhoad Robinson Rudnick Snow Trotter Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Cato Chamblee Clyborne Cobb-Hunter Cromer Delleney Fair Farr Felder Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kinon
Kirsh Klauber Law Littlejohn Martin McCraw McKay McMahand McTeer Moody-Lawrence Neal Phillips Quinn Richardson Riser Rogers Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stone Stuart Thomas Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. HOLT moved to rescind Rule 3.9 and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Brown, G. Brown, H. Brown, J. Byrd Canty Cobb-Hunter Corning Davenport Delleney Fair Farr Felder Gonzales Govan Graham Harrell Harrelson Harris, P. Harrison Harvin Hines Holt Houck Inabinett Jaskwhich Jennings Kennedy Keyserling Koon Littlejohn Marchbanks Martin McCraw McElveen McKay McLeod McMahand McTeer Neal Neilson Phillips
Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Smith, D. Snow Spearman Stille Stoddard Sturkie Thomas Trotter Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, M.O. Allison Askins Baker Cato Chamblee Cromer Gamble Harris, J. Harwell Haskins Huff Hutson Keegan Kelley Kinon Kirsh Klauber Law Mattos Moody-Lawrence Quinn Robinson Shissias Simrill Smith, R. Stone Stuart Vaughn Walker Wofford Young, A.
So, Rule 3.9 was rescinded.
Rep. RICHARDSON proposed the following Amendment No. 365 (Doc Name L:\council\legis\amend\N05\7721AC.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. From funds appropriated to the Governor's Office-Executive Policy and Programs in Section 6C of the General Appropriations Act, the Governor shall appoint a Blue Ribbon Panel to study the salaries of all state constitutional officers, the members of the general assembly, agency department heads and the judiciary and to develop a formula to use in adjusting these salaries, which must be contained in a report submitted to the general assembly on or before December 1, 1994.
B. The formula submitted pursuant to subsection A. takes effect February 1, 1995, unless it is disapproved by joint resolution before February 1, 1995.
C. Any increases in salaries of constitutional officers, members of the general assembly, agency department heads, or the judiciary in accordance with the formula developed pursuant to subsection A. initially must be funded through surplus funds available under Section 11-11-140./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. STUART raised the Point of Order that Amendment No. 365 was out of order as it was not germane.
Rep. RICHARDSON argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. McLEOD, J. BAILEY and CLYBORNE proposed the following Amendment No. 367 (Doc Name L:\council\legis\amend\JIC\5780HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
A. Article 1, Chapter 10, Title 56 of the 1976 Code is amended by adding:
"Section 56-10-247. Unpaid reinstatement fees and per diem fines imposed pursuant to Sections 56-10-240 and 56-10-245 are a debt due the State for which the owner of the uninsured vehicle is personally liable. This debt is collectible in the same manner that unpaid taxes due the State are collectible as provided in Chapter 54 of Title 12."
B. This section takes effect July 1, 1994, and applies with respect to reinstatement fees and per diem fines due after June 30, 1994./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 367 was out of order as it was not germane.
Rep. McLEOD argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS proposed the following Amendment No. 370, which was ruled out of order.
Amend the bill, as and if amended, Part II, permanent provisions, by adding a new section:
A. In order to increase general fund revenue to fund appropriations in Part I of this Act, the General Assembly finds it necessary to raise revenue by repealing Section 48-48-80 and to enact a new code Section 48-48-85.
B. The 1976 Code is amended by adding:
"Section 48-48-85. (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. 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.
(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.
(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive 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 to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.
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) As a further condition beginning January 1, 1993, the Southeast Compact Commission shall not approve any agreements allowing acceptance of nonregion waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot.
(G) 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.
C. Section 48-48-80 of the 1976 Code is repealed.
D. All revenue generated from the enactment of Code Section 48-48-85 and the repeal of Section 48-48-80 must be credited to the general fund and used for the purpose of funding appropriations from the general fund as contained in Part I of this act.
E. From the funds appropriated to the Department of Health and Environmental Control for environmental quality control, the Department of Health and Environmental Control must prepare a report on the effect of the enactment of Code Section 48-48-85 and the repeal of Code Section 48-48-80(G) and must submit the report to the General Assembly no later than June 30, 1995.
F. This section takes effect July 1, 1994./
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Rep. HASKINS explained the amendment.
Rep. WAITES raised the Point of Order that Amendment No. 370 was out of order in compliance with Act 501, Part II, Section 70, Section G.
Rep. HASKINS argued contra the Point in stating that ruling on the previous Point was that the procedure set up in Section G of Section 48-48-80 was a procedure for amending Section 48-48-80 which could not be violated by this General Assembly. He further stated that the difference in this amendment was that it repealed the statute Section 48-48-80 in its entirety and add a new section to the law, Section 48-48-85.
The SPEAKER stated that it was attempting to do indirectly what cannot be done directly because it was trying to raise revenue and extend the date for accepting out of region waste from July 1, 1994 to December 31, 1996. He further stated that if he allowed him to do this then it would violate the statutory authority which says the only way that you could extend that date would be by concurrent resolution and affirmative votes by both representatives on the Compact Commission and he sustained the Point of Order and ruled the amendment out of order.
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 2-17-42(A) No state agency or institution may retain a lobbyist or a public relations firm unless the agency or institution enters a written contract with the lobbyist or public relations firm and the contract is approved by the board of the agency or institution if there is a governing board or by the director of the agency or institution if there is no board and the contract must be filed with the State Ethics Commission.
(B) A state agency or institution or a lobbyist or a public relations firm which, upon a determination by the State Ethics Commission, violates subsection (A) must be fined by the commission one thousand five hundred dollars a month for each month the relationship is in violation of subsection (A). The fines collected under this section must be deposited in the general fund of the State."
B. The funds appropriated in Department of Parks, Section 49, page 400, line 13; Department of Natural Resources, Section 47, page 396, line 15; and Department of Agriculture, Section 45, page 384, line 14 of Part IA of this act may not be used to violate the provisions of Section 2-17-42 of the 1976 Code added pursuant to the provisions of subsection A of this section./
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Printed Page 3350, Mar. 10
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