1999-2000 Bill 585 Text of Previous Version (May. 26, 1999)

South Carolina General Assembly
113th Session, 1999-2000

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Bill 585

~~Indicates Matter Stricken~~
Indicates New Matter

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~~Indicates Matter Stricken~~

Indicates New Matter

COMMITTEE REPORT

May 26, 1999

S. 585

Introduced by Senator McConnell

S. Printed 5/26/99--H.

Read the first time April 20, 1999.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 585), to amend Sections 14-1-206, 14-1-207, and 14-1-208, as amended, Code of Laws of South Carolina, 1976, all relating to assessments imposed on convictions, 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 SECTIONS 1-4 and inserting:

/ SECTION 1. Section 14-1-206(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system. 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. All unused funds must be carried forward from year to year and used exclusively for the provision of services for 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.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the clerk of court for the court of general sessions, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the clerk of court for the court of general sessions;

(b) all assessments collected by the clerk of court for the court of general sessions;

(d) the amount of assessments retained by the county treasurer; and

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.

(2) The supplementary schedule must be included in the external auditor's report by an 'in relation to' paragraph as required by generally accepted auditing standards when information accompanies the basic financial statements in auditor submitted documents.

(3) Within thirty days of issuance of the audited financial statement, the county must submit to the State Treasurer a copy of the audited financial statement and a statement of the actual cost associated with the preparation of the supplemental schedule required in this subsection. Upon submission to the State Treasurer, the county may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

(4) The clerk of court and county treasurer shall keep records of fines and assessments required to be reviewed pursuant to this subsection in the format determined by the county council and make those records available for review."

SECTION 2. Section 14-1-207(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the magistrate court of that county, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the magistrate's court;

(b) all assessments collected by the magistrate's court;

(d) the amount of assessments retained by the county treasurer; and

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.

(3) Within thirty days of issuance of the audited financial statement the county must submit to the State Treasurer a copy of the audited financial statement and a statement of the actual cost associated with the preparation of the supplemental schedule required in this section. Upon submission to the State Treasurer, the county may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

SECTION 3. Section 14-1-208(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

"(D) The revenue retained by the municipality under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system. 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. All unused funds must be carried forward from year to year and used exclusively for the provision of services for 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.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each county pursuant to Section 5-7-240 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected at the court level, the amount remitted to the municipal treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the clerk of court for the municipal court;

(b) all assessments collected by the clerk of court for the municipal court;

(d) the amount of assessments retained by the municipal treasurer; and

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.

(3) Within thirty days of issuance of the audited financial statement the municipality must submit to the State Treasurer a copy of the audited financial statement and a statement of the actual cost associated with the preparation of the supplemental schedule required in this section. Upon submission to the State Treasurer, the municipality may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

(4) The clerk of court and municipal treasurer shall keep records of fines and assessments required to be reviewed pursuant to this subsection in the format determined by the municipal governing body and make those records available for review."

SECTION 4. Section 14-1-211(B) and (C) of the 1976 Code, as last amended by Act 343 of 1998, is further amended to read:

"(B) The revenue collected pursuant to subsection (A) 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) 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. ~~However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State~~ 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. ~~Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.~~ 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.

(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system. 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.

(D) To ensure that surcharges imposed pursuant to this section are properly collected and remitted to the city or county treasurer, the annual independent external audit required to be performed for each municipality pursuant to Section 5-7-240 and each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of surcharges from the point of collection to the point of distribution and a supplementary schedule detailing all surcharges collected at the court level, and the amount remitted to the municipality or county.

(1) the supplementary schedule must include the following elements:

(a) all surcharges collected by the clerk of court for the general sessions, magistrate, or municipal court;

(b) the amount of surcharges retained by the city or county treasurer pursuant to this section; and

Amend title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill would have no impact on state revenues in FY 1999-00.

Explanation

This bill would restrict the expenditure of funds allocated to victim services from court assessments on convictions in this State exclusively to provide services for victims of crime. The bill stipulates all unused funds must be carried forward from year to year in support of victim services. This bill does not alter current prorated shares to victim services of 12% of assessments in Magistrate courts, 16.22% of assessments in Municipal, and 38% of assessments in General Sessions' courts. The bill eliminates provisions that allow local jurisdictions to direct any unused allocation for capital or operating needs of the judicial system. The bill also eliminates provisions that allow local jurisdictions to direct any unused proceeds from the $25 surcharge in Magistrate and Municipal courts and the $100 surcharge in General Sessions' courts for general operations. Based on information in a survey by the S.C. Association of Counties, it is apparent that program funding in some jurisdictions required supplemental appropriations in excess of proceeds from assessments. Additionally, proceeds from surcharges have no prior history of carry forwards to assess future trends. This bill has the potential to reduce revenues that support general operations of local government. The BEA has insufficient data to permit a thorough evaluation of the revenue impact on local governments in FY 1999-00 but does believe the impact will be insignificant. Since this bill does not affect state allocations from court assessments, it would have no impact on state revenues.

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.

A BILL

TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT, INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.

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

SECTION 1. Section 14-1-206(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

SECTION 2. Section 14-1-207(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

SECTION 3. Section 14-1-208(D) of the 1976 Code, as last amended by Act 141 of 1997, is further amended to read:

SECTION 4. Section 14-1-211(B) and (C) of the 1976 Code, as last amended by Act 343 of 1998, is further amended to read:

SECTION 5. This act takes effect upon approval by the Governor.

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