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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Shealy, Lourie, Fair and Hutto
Document Path: l:\s-jud\bills\shealy\jud0088.ls.docx
Companion/Similar bill(s): 197
Introduced in the Senate on March 23, 2016
Introduced in the House on April 28, 2016
Last Amended on June 1, 2016
Currently residing in the Senate
Summary: Coroners and medical examiners
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/23/2016 Senate Introduced and read first time (Senate Journal-page 4) 3/23/2016 Senate Referred to Committee on Judiciary (Senate Journal-page 4) 3/24/2016 Senate Referred to Subcommittee: Hutto (ch), Hembree, Shealy 4/13/2016 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 19) 4/26/2016 Senate Committee Amendment Adopted (Senate Journal-page 37) 4/26/2016 Senate Read second time (Senate Journal-page 37) 4/27/2016 Senate Amended (Senate Journal-page 43) 4/27/2016 Senate Read third time and sent to House (Senate Journal-page 43) 4/27/2016 Senate Roll call Ayes-42 Nays-0 (Senate Journal-page 43) 4/28/2016 House Introduced and read first time (House Journal-page 15) 4/28/2016 House Referred to Committee on Judiciary (House Journal-page 15) 5/24/2016 House Committee report: Favorable Judiciary (House Journal-page 9) 5/31/2016 House Debate adjourned until Wed., 6-1-16 (House Journal-page 14) 6/1/2016 House Amended (House Journal-page 7) 6/1/2016 House Read second time (House Journal-page 7) 6/1/2016 House Roll call Yeas-114 Nays-0 (House Journal-page 10) 6/2/2016 House Read third time and returned to Senate with amendments (House Journal-page 4)
View the latest legislative information at the website
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
June 1, 2016
S. Printed 6/1/16--H.
Read the first time April 28, 2016.
TO AMEND ARTICLE 7, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, BY ADDING SECTIONS 17-5-541 AND 17-5-542, SO AS TO PROVIDE THAT THE CORONER OF EACH COUNTY SHALL SCHEDULE A LOCAL CHILD FATALITY REVIEW TEAM TO PERFORM A REVIEW OF A CASE WHERE A CHILD UNDER THE AGE OF EIGHTEEN DIES IN THE COUNTY HE SERVES AND TO PROVIDE THE PURPOSE OF THE REVIEW TEAM; TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, RELATING TO CORONERS, BY ADDING SECTION 17-5-140, SO AS TO PROVIDE THAT FUNDS MUST BE DISBURSED TO THE COUNTIES EQUALLY TO PAY THE DULY ELECTED FULL-TIME CORONER OR OTHER RELATED PERSONNEL OR EQUIPMENT AND TO PROVIDE THAT EXCESS FUNDS MUST BE USED BY THE CORONERS TRAINING ADVISORY COMMITTEE TO PERFORM ITS DUTIES; AND TO AMEND SECTION 17-5-130, RELATING TO THE CORONERS TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE ADDITIONAL DUTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-541. (A) For the purposes of this section, 'a person responsible for a child's welfare' has the same meaning as in Section 63-7-20(16).
(B) The coroner of each county, within a timeframe not exceeding seven working days, shall schedule a local Child Fatality Review Team to perform a review of a case where a child under the age of eighteen dies in the county he serves. The team may be composed of:
(1) the county coroner or his designee;
(2) a local law enforcement officer;
(3) an agent from the State Law Enforcement Division's Department of Child Fatalities assigned to the case;
(4) a board certified child abuse pediatrician or a forensic pathologist;
(5) a representative from the local county department of social services; and
(6) any other person the coroner deems necessary.
(C) In addition to the mandatory notification requirement in Section 17-5-540, the coroner shall immediately notify the local county department of social services and request any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case.
(D) The local county department of social services, within twenty-four hours or one working day, whichever comes first, must provide the coroner and the State Law Enforcement Division's Department of Child Fatalities information related to any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case.
Section 17-5-542. (A) The purpose of the local Child Fatality Review Team is to rapidly and expeditiously review all child deaths that occur in the county in which each coroner serves.
(B) To achieve this purpose, the local Child Fatality Review Team shall:
(1) enter the team's findings of each reviewed child death into the Child Death Review Case Reporting System at the direction of the coroner;
(2) submit to the State Child Fatality Advisory Committee, a monthly report and any other reports prepared by the team, including the team's findings of each reviewed child death; and
(3) submit a report of the findings of each reviewed child death to the Bureau of Vital Statistics as prescribed by the State Registrar of Vital Statistics."
SECTION 2. Article 3, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-140. (A) From the surcharge remitted to the State Treasurer pursuant to subsection (D), and subject to the provisions of subsection (C), the State Treasurer shall disburse an equal amount to each county treasurer on a monthly basis. These funds must supplement, and not supplant, existing funds utilized for county coroners.
(B) From the funds received pursuant to this section, each county treasurer must pay the duly elected coroner at least thirty-five thousand dollars annually. If the funds are not totally expended to pay the duly elected coroner, then at the discretion of the coroner he may hire a deputy coroner, administrative personnel, or personnel with forensic training. Also, the coroner may use the funds to provide an office or office equipment.
(C) Upon disbursing thirty-five thousand dollars to each county treasurer in a fiscal year, the State Treasurer shall credit any remaining surcharge funds collected pursuant to subsection (D) to the coroners of each county for the performance of their duties. The remaining surcharge funds shall be disbursed as follows:
(1) For those counties with a population of one hundred fifty thousand and above, according to the latest official United States Decennial Census, each coroner shall receive an equal share of fifty-five percent of the remaining surcharge funds.
(2) For those counties with a population of at least fifty thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, each coroner shall receive an equal share of thirty-five percent of the remaining surcharge funds.
(3) For those counties with a population of less than fifty thousand, according to the latest official United States Decennial Census, each coroner shall receive an equal share of ten percent of the remaining surcharge funds.
(D) Implementation of this section is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available."
SECTION 3. Section 17-5-130(G) of the 1976 Code is amended to read:
"(G)(1) The Director of the South Carolina Criminal Justice Academy shall appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners and to determine those forensic science degree and certification programs that qualify as 'recognized' pursuant to the requirements of this section. Also, the committee shall assist in determining annual training requirements as set forth in this section. The committee must consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation.
(2) The Coroners Training Advisory Committee shall govern the qualifications of all coroners, deputy coroners, and candidates for coroner as set forth in this section. Also, the committee must certify all coroners. The committee may require a coroner or a deputy coroner to appear before it for performance review. Failure to appear before the committee or failure to follow state law relating to the performance of official duties may result in sanctioning in the form of a private or public reprimand. Also, the committee may recommend suspension to the Governor and loss of funding to the county council. A person may appeal an action of the committee pursuant to the provisions of Chapter 23, Title 1. The committee may hire an administrative assistant if it is determined necessary."
SECTION 4. A. Chapter 27, Title 6 of the 1976 Code is amended to read:
Section 6-27-10. This chapter may be cited as the 'State Aid to Subdivisions Act'.
Section 6-27-20. There is created the Local Government Revenue Sharing Fund administered by the State Treasurer. This fund is part of the general fund of the State.
It is the intent of the General Assembly that this fund not be subject to mid-year cuts. However, if mid-year cuts are mandated by the State Budget and Control Board to avoid a year-end deficit, this fund is not subject to such cuts, except by a majority vote of the entire State Budget and Control Board which is separate and apart from any other reduction. These cuts are permitted only to the extent that counties and municipalities do not receive less funding than received in the immediate preceding fiscal year. The Local Government Revenue Sharing Fund must be financed as provided in this chapter.
Section 6-27-30. (A) In the annual general appropriations act,
an amount equal to not less than four and one-half percent of general fund revenues of the latest completed fiscal year must be appropriated the General Assembly must appropriate funds to the Local Government Revenue Sharing Fund.
(B)(1) In any fiscal year in which general fund revenues are projected to increase, the appropriation to the Local Government Revenue Sharing Fund for the upcoming fiscal year must be increased by the same projected percentage increase, but not to exceed five percent, when compared to the appropriation in the current fiscal year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-880, the percentage increase in general fund revenues must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor of the projected percentage increase. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage increase. However, the forecast in effect on May thirty-first of the current fiscal year is the final forecast for which the percentage increase is determined, and no subsequent forecast modifications shall have any effect on that determination.
(2) The Governor shall include the appropriation increase to the Local Government Revenue Sharing Fund in the Executive Budget.
(3) The Revenue and Fiscal Affairs Office shall determine the current fiscal year's recurring general fund expenditure base, and determine any projected increase in general fund revenues. If an increase is projected, the appropriation for the upcoming fiscal year must be adjusted accordingly.
(C) For purposes of this section:
(1) 'Recurring general fund revenue' means the forecast of recurring general fund revenues pursuant to Section 11-9-880 after the amount apportioned to the Trust Fund for Tax Relief, as required in Section 11-11-150, is deducted.
(2) 'Recurring general fund expenditure base' means the total recurring general fund appropriations authorized in the current general appropriations act less any reduced appropriations mandated by the General Assembly or the Executive Budget Office pursuant to Section 11-9-890B.
Section 6-27-40. (A) Not later than thirty days after the end of the calendar quarter, the State Treasurer shall distribute the monies appropriated to the Local Government Revenue Sharing Fund as follows:
and two hundred seventy-eight thousandths percent must be distributed to counties. Of the total distributed to counties, each county must receive an amount based on the ratio that the county's population is of the whole population of this State according to the most recent United States Census.
Sixteen and seven hundred twenty-two thousandths Seventeen percent must be distributed to municipalities. Of the total distributed to municipalities, each municipality must receive an amount based on the ratio that the municipality's population is of the population of all municipalities in this State according to the most recent United States Census.
(B) In making the quarterly distribution to counties, the State Treasurer must notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census.
Section 6-27-50. No section of this chapter may be amended or repealed except in separate legislation solely for that purpose.
Section 6-27-55. From funds distributed to the county pursuant to Section 6-27-40, a county council shall provide a reasonable amount of funds for all county offices of state agencies for which the council is required to provide funding by state law."
B. This act takes effect on July 1, 2016, and first applies for the annual general appropriations bill process for Fiscal Year 2017-2018.
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on June 3, 2016 at 10:09 AM