S 935 Session 111 (1995-1996)
S 0935 General Bill, By Lander, Alexander, S. Boan, Courson, Drummond, Elliott,
Giese, Gregory, Hayes, Holland, Leventis, Mescher, O'Dell, Reese, M.T. Rose,
Short, J.V. Smith, Washington and Wilson
Similar(S 634, H 3689, H 4351)
A Bill to enact the Gift of Life Organ and Tissue Procurement Act of 1996 by
amending the Code of Laws of South Carolina, 1976, 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 provide that the Department of
Revenue and Taxation shall 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.
10/10/95 Senate Prefiled
10/10/95 Senate Referred to Committee on Finance
01/09/96 Senate Introduced and read first time SJ-66
01/09/96 Senate Referred to Committee on Finance SJ-66
01/11/96 Senate Recalled from Committee on Finance SJ-14
01/11/96 Senate Amended SJ-14
01/11/96 Senate Read second time SJ-14
01/11/96 Senate Unanimous consent for third reading on next
legislative day SJ-14
01/12/96 Senate Read third time and sent to House SJ-1
01/16/96 House Introduced and read first time HJ-7
01/16/96 House Referred to Committee on Ways and Means HJ-8
RECALLED, AMENDED, AND READ SECOND TIME
January 11, 1996
S. 935
Introduced by SENATORS Lander, Courson, Rose, Hayes,
Alexander, Short, Wilson, Boan, Washington, Elliott, Drummond,
J. Verne Smith, Holland, Leventis, Giese, O'Dell, Reese, Gregory,
Mescher
S. Printed 1/11/96--S.
Read the first time January 9, 1996.
A BILL
TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE
PROCUREMENT ACT OF 1996 BY AMENDING THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, 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 PROVIDE THAT THE DEPARTMENT OF
REVENUE AND TAXATION SHALL 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.
Amend Title To Conform
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".
SECTION 2. The 1976 Code is amended by adding:
"Section 12-6-5065. (A) Each 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 individual
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 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."
SECTION 3. Title 44, Chapter 43 of the 1976 Code is amended
by adding:
"Article 13
Gift of Life Trust Fund
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 curricula 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."
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."
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 when forms are
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.
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