South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 4306


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4306
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000111
Primary Sponsor:                  Limehouse
All Sponsors:                     Limehouse, Fleming
Drafted Document Number:          l:\council\bills\ggs\22411cm00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Spinal cord injury research, traffic 
                                  ticket to include charge to fund; Medical, 
                                  Transportation, Traffic violations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000405  Committed to Committee                 25 HJ
------  20000309  Scrivener's error corrected
House   20000308  Committee report: majority             27 H3M
                  favorable, with amendment,
                  minority unfavorable
House   20000210  Co-Sponsor added (Rule 5.2) by Rep.            Fleming
House   20000111  Introduced, read first time,           27 H3M
                  referred to Committee
House   19991201  Prefiled, referred to Committee        27 H3M


              Versions of This Bill
Revised on March 8, 2000 - Word format
Revised on March 9, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 8, 2000

H. 4306

Introduced by Reps. Limehouse and Fleming

S. Printed 3/8/00--H. [SEC 3/9/00 7:37 PM]

Read the first time January 11, 2000.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 4306), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-7-85 so as to provide that a one dollar surcharge must be imposed in addition to any other penalty associated with an offense contained on a uniform traffic ticket, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Subsections (A) and (B) of Section 14-1-211 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:

"(A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(2) In addition to all other assessments and surcharges, a five dollar surcharge is imposed on all convictions for misdemeanor traffic offenses obtained in general sessions court and in magistrate's and municipal court in this State. No portion of the surcharge may be waived, reduced, or suspended.

(B) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.

All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to this additional five dollar surcharge shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General assembly on an annual basis."

SECTION 2. Chapter 38, Title 44 of the 1976 Code is amended by adding:

"Article 5

Spinal Cord Injury Research Board

Section 44-38-510. (A) The South Carolina Spinal Cord Injury Research Board is created for the purpose of administering the spinal cord injury research fund created pursuant to Section 14-1-211. The board is composed of seven members who must be residents of this state, and appointed by the Governor upon recommendation of the President of the Medical University of South Carolina, as follows: two members who are medical doctors from the staff or faculty of the Medical University of South Carolina; two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina; two members who have a spinal cord injury or who have a family member with a spinal cord injury; and one at-large member who is a medical doctor and a member of the South Carolina Medical Association.

(B) The terms of board members shall be four years, except that the Governor must stagger the initial appointments to the board so that one of the two members who are medical doctors from the staff or faculty of the Medical University of South Carolina shall be appointed for a two year term; one of the two members who are medical doctors specializing or significantly engaged in treatment of spinal cord injuries in South Carolina shall be appointed for a two year term; one of the two members who have a spinal cord injury or who have a family member with a spinal cord or head injury shall be appointed for a two year term; and the at-large member who is a medical doctor and a member of the South Carolina Medical Association shall serve a three year term. All subsequent appointments shall be for four year terms.

(C) At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two consecutive four year terms shall not be reappointed for two years after completion of those terms.

(D) A majority of the membership of the board shall constitute a quorum.

(E) The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.

(F) Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of this section.

(G) No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.

(H) Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties.

(I) The board shall be attached to the Medical University of South Carolina for meetings, staff, and administrative purposes.

(J) The board shall set forth guidelines and standards for allocation of these funds.

(K) Nothing in this article prohibits the board from allocating funds for spinal cord research projects at other institutions other than MUSC as long as the receiving institution shares the research statistics with each medical institution in this State."

SECTION 3. This act takes effect on December 1, 2000. /

Renumber sections to conform.

Amend totals and title to conform.

Majority favorable. Minority unfavorable.

JOE E. BROWN LEON HOWARD

For Majority. For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Public Safety

The department states that there would be no impact to the General Fund of the State nor on federal and/or other funds.

Department of Disabilities and Special Needs

There would be no net impact on the general funds of the Department of Disabilities and Special Needs. All disbursements from the department would be offset by the revenue collected from the surcharge mandated by this bill. Since the bill does not address overhead associated with implementing the fund, it is assumed the department could use a nominal amount from the fund for that purpose.

SPECIAL NOTES:

Pursuant to Section 2-7-71 of the 1976 South Carolina Code of Laws, the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Les Boles

Office of State Budget

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill is expected to increase court fine revenues within the general fund by $550,000 in FY 2000-01.

Explanation

This bill would add a mandatory, one-dollar surcharge to any penalty imposed for a traffic citation in this State. Revenue proceeds would go to the general fund and be disbursed annually by the Department of Disabilities and Special Needs (DDSN) to fund spinal cord injury research. Based on caseload data from Court Administration and assessment reports of the Office of the State Treasurer, the BEA estimates a total of 540,000 convictions for traffic and 10,000 convictions for DUI offenses in FY 2000-01. Applying the additional $1 surcharge to 550,000 total convictions would yield $550,000 in FY 2000-01. This bill, therefore, is expected to raise general fund revenue applicable to court fines by $550,000 in FY 2000-01.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill is expected to increase revenues earmarked to the Medical University of South Carolina by $1,375,000 in FY 2000-01. It will increase to $2,750,000 in FY 2001-02.

Explanation

As amended, this bill further amends Section 14-1-211 by adding a five-dollar surcharge in addition to any assessments and surcharges imposed on convictions for misdemeanor traffic offenses in general sessions, magistrate and municipal courts in this State. No portion of the surcharge may be waived, reduced or suspended. Revenue proceeds are earmarked to the Medical University of South Carolina (MUSC) to fund spinal cord injury research. The bill creates the Spinal Cord Injury Research Board as an administrative adjunct to MUSC. This bill is effective December 1, 2000.

Based on caseload data from Court Administration and assessment reports of the Office of the State Treasurer, the BEA estimates a total of 540,000 convictions for traffic and 10,000 convictions for DUI offenses in the fiscal year next proceeding. Applying the additional $5 surcharge to 550,000 total convictions, at one half the yield for an effective date of December 1, 2000, would generate $1,375,000 in FY 2000-01. This bill, therefore, is expected to raise MUSC earmarked revenues by $1,375,000 in FY 2000-01. At this base level of convictions, revenues for the full fiscal year 2001-02 are expected to be $2,750,000.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Medical University of South Carolina (MUSC):

Under the provisions of the bill MUSC would be responsible for the Spinal Cord research. MUSC estimates recurring administrative expenses associated with the research initiative at $43,750 (including fringe benefits) for .70 FTEs and $5,000 annually in other operating expenses. Non-recurring costs of $5,000 for computer and other equipment are also anticipated. Therefore, first year costs are estimated at $53,750 while recurring annual costs are estimated at $48,750

State Treasurer

The State Treasurer forecasts a minimal fiscal impact to the general fund of some $18,000, which can be absorbed by the agency. The funds would be non-recurring, and would comprise a portion of the salary and employer contributions for a Senior Assistant State Treasurer, Assistant State Treasurer, Program Analyst and Fiscal Analyst.

LOCAL GOVERNMENT IMPACT:

Enactment of this bill would require all General Sessions, Magistrate's, and Municipal Courts to reprogram their computers to allow for the $5 surcharge. Further, most county and municipal Treasurer's Offices would require similar computer programming. The total cost for all of the computer programming is being reviewed and will be forwarded upon receipt. However, since the bill states all one-time operating and administrative costs for all municipal and county governments related to computer upgrades and programming will be deducted from the revenue collected from the surcharge, the conversion costs should be covered from the revenues.

SPECIAL NOTES:

Pursuant to Section 2-7-71, 2-7-76 or 2-7-110 of the Code of Laws of South Carolina, 1976, the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-85 SO AS TO PROVIDE THAT A ONE DOLLAR SURCHARGE MUST BE IMPOSED IN ADDITION TO ANY OTHER PENALTY ASSOCIATED WITH AN OFFENSE CONTAINED ON A UNIFORM TRAFFIC TICKET ISSUED BY A LAW ENFORCEMENT OFFICER AND BE DISBURSED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS TO FUND SPINAL CORD INJURY RESEARCH PROJECTS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 56-7-85. A mandatory one dollar surcharge must be imposed in addition to any other penalty associated with an offense contained on a uniform traffic ticket issued by a law enforcement officer. This surcharge must be deposited in the state general fund and disbursed annually by the Department of Disabilities and Special Needs to fund spinal cord injury research projects."

SECTION 2. This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on Wednesday, December 9, 2009 at 9:28 A.M.