S*0894(Rat #0276, Act #0247 of 2014)  General Bill, By Massey and Alexander

Similar(H 4472)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 14-1-240 SO AS TO PROVIDE THAT A FIVE DOLLAR SURCHARGE TO FUND TRAINING AT THE
 SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY MUST BE LEVIED ON ALL FINES,
 FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN THE GENERAL
 SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR TRAFFIC
 OFFENSES OR FOR NONTRAFFIC VIOLATIONS, TO PROVIDE FOR THE TRANSMITTAL OF
 REVENUE COLLECTED FROM THE SURCHARGE, TO PROVIDE FOR THE EXAMINATION OF
 FINANCIAL RECORDS BY THE STATE AUDITOR UNDER CERTAIN CIRCUMSTANCES, AND TO
 PROVIDE THAT THE ACT SHALL SUNSET ON JUNE 30, 2016. - ratified title

   12/17/13  Senate Prefiled
   12/17/13  Senate Referred to Committee on Judiciary
   01/14/14  Senate Introduced and read first time (Senate Journal-page 63)
   01/14/14  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 63)
   01/22/14  Senate Referred to Subcommittee: Hembree (ch), Massey,
                     McElveen
   03/26/14  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 29)
   04/02/14  Senate Committee Amendment Adopted (Senate Journal-page 18)
   04/02/14  Senate Amended (Senate Journal-page 18)
   05/20/14  Senate Read second time (Senate Journal-page 29)
   05/20/14  Senate Roll call Ayes-25  Nays-18 (Senate Journal-page 29)
   05/22/14  Senate Read third time and sent to House
                     (Senate Journal-page 16)
   05/27/14  House  Introduced and read first time (House Journal-page 2)
   05/27/14  House  Referred to Committee on Judiciary
                     (House Journal-page 2)
   05/28/14  House  Recalled from Committee on Judiciary
                     (House Journal-page 37)
   05/29/14  House  Read second time (House Journal-page 60)
   05/29/14  House  Roll call Yeas-89  Nays-0 (House Journal-page 60)
   05/29/14  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 61)
   05/30/14  House  Read third time and enrolled
   06/05/14         Ratified R 276
   06/06/14         Signed By Governor
   06/13/14         Effective date See Act for Effective Date
   06/16/14         Act No. 247

(A247, R276, S894)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO PROVIDE THAT A FIVE DOLLAR SURCHARGE TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY MUST BE LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN THE GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS, TO PROVIDE FOR THE TRANSMITTAL OF REVENUE COLLECTED FROM THE SURCHARGE, TO PROVIDE FOR THE EXAMINATION OF FINANCIAL RECORDS BY THE STATE AUDITOR UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE ACT SHALL SUNSET ON JUNE 30, 2016.

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

South Carolina Criminal Justice Academy, five dollar surcharge on certain misdemeanor traffic offenses or nontraffic violations

SECTION    1.    Chapter 1, Title 14 of the 1976 Code is amended by adding:

"Section 14-1-240.    (A)    In addition to all other assessments and surcharges required to be imposed by law, a five dollar surcharge to fund training at the South Carolina Criminal Justice Academy is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrates or municipal court for misdemeanor traffic offenses or for nontraffic violations. No portion of this surcharge may be waived, reduced, or suspended. The additional surcharge imposed by this section does not apply to parking citations.

(B)    The revenue collected pursuant to subsection (A) must be collected by the jurisdiction which heard or processed the case and transmitted pursuant to the guidelines in Section 14-1-220. The funds should be clearly designated as Criminal Justice Academy Surcharge Collections when transmitted to the municipal and county treasurer and then to the State Treasurer. The State Treasurer shall transfer the revenue quarterly to the South Carolina Criminal Justice Academy.

(C)    The State Treasurer may request the State Auditor to examine the financial records of any jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to subsection (B). The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and terminates on June 30, 2016. All funds collected by the date of termination shall be forwarded to the State Treasurer and then to the South Carolina Criminal Justice Academy.

Ratified the 5th day of June, 2014.

Approved the 6th day of June, 2014.