H 3023 Session 111 (1995-1996)
H 3023(Rat #0131) General Bill, By A.W. Byrd, J.M. Baxley, J.L.M. Cromer and
Lloyd
Similar(S 634, H 3689, H 4351, H 9356)
A Bill to enact the Gift of Life Organ and Tissue Procurement Act of 1995 by
amending the Code of Laws of South Carolina, 1976, by adding Section 12-7-2414
so as to provide for a deduction from state income tax refunds or a
contribution to be added to state income tax payments for the support of 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 to add 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 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 the use by the Trust
Fund.-amended title
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/10/95 House Introduced and read first time HJ-13
01/10/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-13
04/12/95 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-6
04/20/95 House Amended HJ-18
04/20/95 House Read second time HJ-22
04/20/95 House Unanimous consent for third reading on next
legislative day HJ-22
04/21/95 House Read third time and sent to Senate HJ-2
04/25/95 Senate Introduced and read first time SJ-10
04/25/95 Senate Referred to Committee on Medical Affairs SJ-10
05/09/95 Senate Recalled from Committee on Medical Affairs SJ-32
05/11/95 Senate Amended SJ-41
05/11/95 Senate Read second time SJ-41
05/16/95 Senate Read third time and returned to House with
amendments SJ-14
05/18/95 House Concurred in Senate amendment and enrolled HJ-58
06/06/95 Ratified R 131
06/12/95 Vetoed by Governor
06/13/95 House Veto sustained-vote to override was 54-36--did
not receive necessary 2/3 vote to override HJ-51
06/13/95 House Reconsider vote whereby veto sustained HJ-76
06/13/95 House Veto sustained-vote to override was 70-36--did
not receive necessary 2/3 vote to override HJ-77
(Rxxx, H3023)
AN ACT TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE
PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE
INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED
TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF 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 TO ADD
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 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:
Act citation
SECTION 1. This act may be cited as the "Gift of Life Organ
and Tissue Procurement Act of 1995".
Organ donor income tax check-off
SECTION 2. The 1976 Code is amended by adding:
"Section 12-7-2414. (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 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."
Gift of Life Trust Fund created
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
provide organ and tissue education including, but not limited to, public
campaigns and school-based programs and to provide financial assistance
to transplant recipients who have exhausted all other means of assistance
available to procure anti-rejection medications. The trust fund shall
accept gifts, bequests, and grants from individuals, foundations,
organizations, associations, and any other source. The trust fund shall
supplement and augment 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
composed of the following including, but not limited to:
(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) five members representing organ, tissue, and eye recipients,
families of recipients, and families of donors that reside in South
Carolina.
Appointments must be made so as to provide representation on the
board from the Low Country, Pee Dee, Midlands, and Piedmont regions
of the State;
(5) one forensic pathologist who resides and practices in South
Carolina.
(B) Members shall serve terms of four years and until successors are
appointed and qualify. Vacancies must be filled in the manner of the
original appointment for the unexpired portion of the term. Members
may serve no more than two terms.
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 shall:
(1) develop and implement organ and tissue donation, educational
programs, and campaigns;
(2) make policy recommendations for the promotion of organ and
tissue donation;
(3) evaluate applications for and award financial assistance to organ
and tissue recipients for anti-rejection medications in accordance with this
chapter.
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. Five 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 12-7-2414
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 only for:
(1) administration of this article including, but not limited to,
personnel and board expenses;
(2) development and promotion, in cooperation with the South
Carolina Donor Network, organ and tissue donor public awareness
educational programs using in-state production and advertising companies
as long as they are cost effective in comparison to national production
and advertising companies;
(3) incorporating organ and tissue donation into the medical school
curriculums of the Medical University of South Carolina and the
University of South Carolina School of Medicine; funds for this purpose
must be transferred to the respective schools of medicine and the funds
for each school may not exceed two and one-half percent of the funds
received by the trust fund in that year. Each school annually shall
conduct a survey to determine if attitudes of their students and graduates
have been altered by the curriculums;
(4) financial assistance to transplant recipients who have exhausted all
means available to cover the cost of the recipient's anti-rejection
medications; however, no funds may be paid directly to the recipient;
funds expended for this purpose may not exceed thirty-five percent of the
funds received by the trust fund in that year. To be eligible to receive
assistance from the trust fund, a transplant recipient must:
(a) be referred to the trust fund by the recipient's transplant center,
attending physician, local physician, nurse coordinator, or social
worker;
(b) complete an application and financial disclosure form as
required by the board.
(5) 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 to the education fund and transplant
recipient medication fund as provided for above.
Section 44-43-1380. The trust fund board annually shall submit a
report to the General Assembly by February first concerning its
expenditures of fund monies, activities, and the incidence of organ and
tissue donation."
Opportunity for contribution to Trust Fund upon driver's license
renewal
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 contribution of one dollar to be credited
to the Gift of Life Trust Fund established in Section 44-43-1310. The
one dollar 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."
Trust Fund Board of Directors' terms staggered
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 three members to serve four years, three 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.
Time effective
SECTION 6. This act takes effect upon approval by the Governor
except that Section 2 takes effect beginning with filing dates for the 1995
tax year and Section 4 takes effect three months after approval by the
Governor.
In the Senate House
____________________________________________.
______________________________________________
President of the Senate
______________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1995.
______________________________________________
Governor
Printer's Date -- May 26, 1995 -- S.
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