Current Status Bill Number:
4351Ratification Number: 283Act Number: 262Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19960109Primary Sponsor: WalkerAll Sponsors: Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson, ClyburnDrafted Document Number: PFM\7639AC.96Date Bill Passed both Bodies: 19960227Date of Last Amendment: 19960111Governor's Action: SDate of Governor's Action: 19960401Subject: Gift of Life Organ and Tissue Procurement Act of 1996
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960410 Act No. A262 ------ 19960401 Signed by Governor ------ 19960326 Ratified R283 Senate 19960227 Read third time, enrolled for ratification Senate 19960222 Read second time Senate 19960221 Recalled from Committee, 06 SF placed on the Calendar Senate 19960116 Introduced, read first time, 06 SF referred to Committee House 19960112 Read third time, sent to Senate House 19960111 Unanimous consent for third reading on the next Legislative day House 19960111 Amended, read second time House 19960110 Committee report: Favorable with 27 H3M amendment House 19960109 Introduced, read first time, 27 H3M referred to Committee House 19951213 Prefiled, referred to Committee 27 H3MView additional legislative information at the LPITS web site.
(A262, R283, H4351)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND, AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Gift of Life Organ and Tissue Procurement Act of 1996.
Income tax check-off
SECTION 2. The 1976 Code is amended by adding:
"Section 12-6-5065. (A) Each individual taxpayer required to file a state income tax return who desires to contribute to the Gift of Life Trust Fund of South Carolina as created by Section 44-43-1310 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refund of a taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
(B) All South Carolina individual income tax return forms must contain a designation for a contribution to the Gift of Life Trust Fund of South Carolina. The instructions accompanying income tax forms must contain a description of the purpose for which the Gift of Life Trust Fund was established and the use of monies from the income tax contribution.
(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated pursuant to subsection (B). The department annually shall determine the total amount designated plus the amount received in excess payments and shall report the total amount to the State Treasurer. The State Treasurer shall credit the total amount to the Gift of Life Trust Fund at the earliest possible time.
(D) The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended for the purposes of the fund."
Trust fund created, board of directors, powers, duties, expenditures
SECTION 3. Title 44, Chapter 43 of the 1976 Code is amended by adding:
Section 44-43-1310. There is established the Gift of Life Trust Fund, an eleemosynary corporation, the resources of which must be used to promote and encourage organ and tissue donation and education and to assess and assist with the needs of transplant recipients in South Carolina. The trust fund may accept gifts, bequests, and grants from individuals, foundations, organizations, associations, and any other source. The trust fund supplements and augments services provided by state agencies and does not take the place of these services.
Section 44-43-1320. (A) The Gift of Life Trust Fund is to be administered by a board of directors appointed by the Governor, with the advice and consent of the Senate, and is composed of:
(1) one representative from a South Carolina certified organ procurement organization that is a member of and abides by the rules and regulations of United Network for Organ Sharing;
(2) one representative from a South Carolina tissue procurement organization that is a member of and abides by the rules and regulations of the American Association of Tissue Banks;
(3) one representative from a South Carolina eye bank that is a member of and abides by the rules and regulations of the Eye Bank Association of America;
(4) four members representing organ, tissue, and eye recipients, families of recipients, and families of donors who are residents of South Carolina; of these four members, one each must represent the Low Country, Pee Dee, Midlands, and Piedmont regions of the State;
(5) one forensic pathologist who is a resident of and who is licensed to practice medicine in South Carolina;
(6) three at-large members who have demonstrated an interest in organ and tissue donation and education and who are residents of this State.
(B) Members shall serve terms of four years and until successors are appointed and qualify. A board member may be removed by the Governor in accordance with Section 1-3-240(B). Members may serve no more than two full terms. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
Section 44-43-1330. Board members are not entitled to per diem but may be reimbursed for mileage and all necessary and reasonable expenses incurred in the performance of their duties under this article.
Section 44-43-1340. In administering this article, the board is authorized, but not limited to:
(1) develop and implement educational programs and campaigns to increase organ and tissue donation in South Carolina;
(2) make policy recommendations for the promotion of organ and tissue donation in South Carolina;
(3) assess the needs of transplant recipients and establish priorities and develop goals and objectives to assist transplant recipients who are residents of South Carolina;
(4) determine how the monies in the fund are to be disbursed;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) utilize local resources including volunteers when appropriate.
Section 44-43-1350. The board shall elect a chairman from among its members and shall adopt rules for the governance of its operations. The board shall meet at least semiannually. Six members constitute a quorum.
Section 44-43-1360. The board may employ a director and other staff as necessary to carry out the provisions of this article; however, administration of this article may not exceed twenty percent of the total funds credited to the trust fund, excluding the administrative fee paid to the Department of Revenue and Taxation pursuant to Sections 12-6-5065 and 59-1-143.
Section 44-43-1370. Funds credited to the trust fund, excluding the administrative fees paid to the Department of Revenue and Taxation, may be used for, but are not limited to:
(1) administration of this article including, but not limited to, personnel and board expenses;
(2) development and promotion of organ and tissue donor public awareness educational programs in cooperation with the South Carolina Donor Network including, but not limited to, the American Red Cross Southeastern Tissues Services, the South Carolina Lions Eye Bank, the South Carolina Organ Procurement Agency, the Living Bank, and the United Network for Organ Sharing;
(3) encouraging the incorporation of organ and tissue donation education into the medical and nursing school curriculums of the Medical University of South Carolina and the University of South Carolina; if funds are provided to a university for this educational purpose, the university annually shall conduct a survey to determine if attitudes of its students and graduates have been altered by the curriculum. The results of the survey must be submitted to the trust fund;
(4) a reserve fund in an interest-bearing account with five percent of the funds received by the trust fund annually to be placed in this account. No withdrawals may be made from this account until the minimum balance has reached one hundred thousand dollars and then these funds only may be used in years in which donations do not meet the average normal operating cost incurred by the trust fund and funds are needed to meet expenses. Once the balance in the reserve funds reaches one hundred thousand dollars, excess funds earned by interest and yearly allocations may be used at the discretion of the board to cover operating costs and to provide additional funds.
Section 44-43-1380. The trust fund board annually by February first shall submit a report to the General Assembly concerning its expenditures of fund monies, activities, and the incidence of organ and tissue donation."
Opportunity to contribute to fund when obtaining driver's license
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-143. An applicant for a new or renewal driver's license, commercial driver's license, motorcycle driver's license, identification card, issuance of a vehicle title or transfer of title, or issuance or renewal of a vehicle license plate must be given an opportunity in writing to make a voluntary contribution of one dollar to be credited to the Gift of Life Trust Fund established in Section 44-43-1310. Any voluntary contribution must be added to the driver's license, identification card, title, or license plate fee and must be transferred to the State Treasurer and credited to the Gift of Life Trust Fund as provided for in Section 44-43-1310. The incremental cost of administration of the contribution must be paid by the trust fund from amounts received pursuant to this section before funds are expended by the trust fund."
Initial board appointments
SECTION 5. Of the initial appointments made to the Gift of Life Trust Fund Board of Directors pursuant to Section 44-43-1320 of the 1976 Code, as added by Section 3 of this act, the Governor shall designate four members to serve four years, four members to serve three years, and three members to serve two years. After the initial appointments, members appointed to the board of directors shall serve terms of four years as provided for in Section 44-43-1320 of the 1976 Code.
SECTION 6. This act takes effect upon approval by the Governor except that Section 2 takes effect beginning with filings for the 1996 tax year, and Section 4 takes effect upon approval by the Governor and first applies when forms are next printed by the Department of Revenue and Taxation for new or renewal drivers' licenses, commercial drivers' licenses, motorcycle drivers' licenses, identification cards, vehicle titles, and vehicle license plates.
Approved the 1st day of April, 1996.