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Indicates Matter Stricken
Indicates New Matter
RECALLED
March 31, 1999
S. 375
S. Printed 3/31/99--S.
Read the first time January 20, 1999.
REVENUE IMPACT 1/
This bill would have no impact on general fund revenue in FY 1999-00. This bill would reduce revenue allocated to state and local law enforcement agencies by $800,000 in FY 1999-00.
Explanation
This bill will allot 25% of the cash proceeds of property confiscated in drug seizures to confidential informants and clarifies language for the maintenance of separate accounts for such proceeds by the State Treasurer. Currently, state and local law enforcement agencies receive 75% of the final proceeds. This bill cuts that distribution from 75% to 50% and would require law enforcement agencies to return 25% of cash proceeds to informants. Based on the proportion of funds credited to the general fund by the State Treasurer, this bill would reduce state and local law enforcement proceeds by $800,000 in FY 1999-00.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
EXPLANATION OF IMPACT:
The Department of Public Safety states there would be no financial impact to the General Fund of the State or to federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
County and municipal law enforcement agencies would experience a decrease in forfeiture funds due to the redistribution of a portion of the funds. However, passage of this bill would have no expenditure impact on local governments.
SPECIAL NOTES:
Pursuant to Section 2-7-71 of the 1976 South Carolina Code of Laws the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.
Approved By:
Les Boles
Office of State Budget
TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED, TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-53-530(e) and (g) of the 1976 Code, as last amended by Act 333 of 1992, are further amended to read:
"(e) All real Real or personal property, conveyances, and equipment of any value defined in Section 44-53-520, when reduced to proceeds, any cash more than one thousand dollars, any negotiable instruments, and any securities which are seized and forfeited must be disposed of as follows:
(1) seventy-five fifty percent to the law enforcement agency or agencies;
(2) twenty-five percent to the law enforcement agency or agencies to be given to private citizens who provide information that leads to an arrest and the forfeiture of property as defined in Section 44-53-520. A private citizen who has information regarding the possession, distribution, or trafficking of controlled substances may call his local law enforcement agency and need only identify himself by his social security number;
(2)(3) twenty percent to the prosecuting agency; and
(3)(4) five percent must be remitted to the remainder must be placed on deposit with the State Treasurer and deposited to the credit of the general fund of the State.
(g) All forfeited Forfeited monies and proceeds from the sale of forfeited property as defined in Section 44-53-520 must be retained by the governing body of the local law enforcement agency or prosecution agency and deposited in a separate, special account in the name of each appropriate agency. These accounts may be drawn on and used only by the law enforcement agency or prosecution agency for which the account was established. For law enforcement agencies, the accounts must be used for drug enforcement activities, and for prosecution agencies, the accounts must be used in matters relating to the prosecution of drug offenses and litigation of drug-related matters.
These accounts must not be used to supplant operating funds in the current or future budgets. Expenditures from these accounts for an item that would be a recurring expense must be approved by the governing body before purchase or, in the case of a state law enforcement agency or prosecution agency, approved as provided by law.
In the case of a state law enforcement agency or state prosecution agency, monies, and proceeds must be remitted to placed on deposit with the State Treasurer who shall establish separate, special accounts as provided in this section for local agencies.
All expenditures from these accounts must be documented, and the documentation made available for audit purposes and upon request by a person under the provisions of Chapter 4 of Title 30, the Freedom of Information Act."
SECTION 2. This act takes effect upon approval by the Governor.
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