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COMMITTEE REPORT
April 19, 2001
H. 3695
Introduced by Reps. Rodgers, Allison, Freeman, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Haskins, Cobb-Hunter and Gilham
S. Printed 4/19/01--H.
Read the first time March 12, 2001.
To whom was referred a Bill (H. 3695) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-4-160 so as to establish the Domestic Violence Fund within the State Treasury, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 20-4-160(C) page 2, beginning on line 10 by deleting /that portion of marriage license fees provided for in Section 20-1-375,/; and on line 15 after /violence/ by inserting /shelters or/. So when amended Section 20-4-160(C) reads:
(C) The Domestic Violence Fund shall receive its revenue from that portion of filing fees provided for in Section 8-21-310 in actions for divorce or separate maintenance, and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund may not be used to supplant existing funds appropriated to the department for domestic violence shelters or grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund. /
Amend the bill, further, by deleting SECTION 2 of the bill in its entirety.
Amend the bill, further, Section 8-21-310(11)(a) page 2, line 36 by deleting /ninety/ and inserting /one hundred and ten/ and by deleting /twenty/ and inserting /forty/. So when amended Section 8-21-310(11)(a) reads:
/(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy dollars. When filing for divorce or separate maintenance, the fee for the first complaint or petition is one hundred ten dollars, forty dollars of which must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. /
Amend further, page 3 by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect ninety days following approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
ROBERT W. HARRELL, JR. for Committee.
REVENUE IMPACT1
This bill is expected to increase funds allocated to DSS for use of the Domestic Violence Fund by $1,230,000 in FY 2001-02.
Explanation
This bill creates the Domestic Violence Fund in a separate account to be administered by DSS to award grants to certain domestic violence centers and programs in this State. The bill increases the $1 marriage license fee and the $70 filing fee of a first petition for divorce or separation action by $20 each. All proceeds from the respective $20 fee increases go to the Domestic Violence Fund.
Based on vital records maintained by the Department of Health and Environmental Control and a sampling of family court data, the BEA estimates 43,750 marriage applications, 15,250 divorce filings and 2,500 separate maintenance actions would apply in FY 2001-02. Multiplying $20 times a total of 61,500 items yields $1,230,000 to the Domestic Violence Fund in FY 2001-02. This bill, therefore, is expected to increase DSS earmarked funds by $1,230,000 in FY 2001-02.
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.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-4-160. (A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.
(B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:
(1) have been in operation on the preceding July 1, and continue to be in operation;
(2) offer the following services:
(a) a twenty-four hour hotline;
(b) transportation services;
(c) community education programs;
(d) daytime services, including counseling;
(e) other criteria as may be established by the department.
(C) The Domestic Violence Fund shall receive its revenue from that portion of marriage license fees provided for in Section 20-1-375, that portion of filing fees provided for in Section 8-21-310 in actions for divorce or separate maintenance, and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund may not be used to supplant existing funds appropriated to the department for domestic violence grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-1-375. In addition to the marriage license fee authorized pursuant to Section 20-1-230 there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160."
SECTION 3. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy dollars. When filing for divorce or separate maintenance, the fee for the first complaint or petition is ninety dollars, twenty dollars of which must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment."
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