Current Status Bill Number:
3023Ratification Number: 131Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950110Primary Sponsor: ByrdAll Sponsors: Byrd, Baxley, Lloyd, CromerDrafted Document Number: JIC\5161AC.95Date Bill Passed both Bodies: 19950518Date of Last Amendment: 19950511Governor's Action: VDate of Governor's Action: 19950612Action on Governor's Veto: SSubject: Organ and Tissue Donor Program
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950613 Veto sustained ------ 19950612 Vetoed by Governor ------ 19950606 Ratified R131 House 19950518 Concurred in Senate amendment, enrolled for ratification Senate 19950516 Read third time, returned to House with amendment Senate 19950511 Amended, read second time Senate 19950509 Recalled from Committee 13 SMA placed on the Calendar Senate 19950425 Introduced, read first time, 13 SMA referred to Committee House 19950421 Read third time, sent to Senate House 19950420 Unanimous consent for third reading on the next Legislative day House 19950420 Amended, read second time House 19950412 Committee report: Favorable with 27 H3M amendment House 19950110 Introduced, read first time, 27 H3M referred to Committee House 19941214 Prefiled, referred to Committee 27 H3MView additional legislative information at the LPITS web site.
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:
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:
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.
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.
Printer's Date -- May 26, 1995 -- S.