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COMMITTEE REPORT
April 1, 2004
H. 3917
Introduced by Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille, Witherspoon and Davenport
S. Printed 4/1/04--H.
Read the first time April 2, 2003.
To whom was referred a Bill (H. 3917) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-5-75 so as to provide for a ten dollar surcharge on certain traffic violations, 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, by striking SECTION 1 and inserting:
/SECTION 1. Chapter 38, Title 44, of the 1976 Code is amended by adding:
Section 44-38-710. (A) Beginning with Fiscal Year 2005-2006, funds appropriated in the general appropriations act as a special line item titled "Traumatic Brain Injury Trust Fund" must be transferred to the State Treasurer to be deposited in a special account separate and distinct from the state general fund entitled the South Carolina Traumatic Brain Injury Trust Fund.
(B)(1) The South Carolina Traumatic Brain Injury Trust Fund Board is created for the purpose of administering the Traumatic Brain Injury Trust Fund. The board is composed of seven members, who must be residents of this State. Six of these members must be appointed by the Governor for terms of four years each and until their successors are appointed and qualify, except that of the six members first appointed, three must be appointed for initial terms of two years each. Three members shall be recommended by the South Carolina Brain Injury Leadership Council Executive Committee, and two members must have sustained a traumatic brain injury, and one must be a family member or representative of these individuals. The president or his designee of the Brain Injury Alliance of South Carolina shall serve ex officio as the seventh member of the board.
(2) A majority of the appointed membership of the board shall constitute a quorum.
(3) The board shall elect, by majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for an one-year term. The board shall have such other officers as considered necessary and approved by the board.
(4) Meetings of the board must be held at least twice a year but may be held more frequently as considered necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to traumatic brain injury service projects, programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the provisions of this section. The primary purpose of the board is for the distribution, in the best interest of the citizens of this State, of the trust funds. The board shall also be permitted to distribute such other funds as may be deposited into the fund for the treatment and prevention of traumatic brain injury by grant, legislative appropriation, or donation.
(5) Board members shall not be paid for mileage, subsistence, or per diem.
(6) The South Carolina Department of Disabilities and Special Needs shall provide administrative support to the board in regard to meetings, staff, and administrative matters. The board shall be authorized to disburse up to ten percent of the annual proceeds of the fund for administrative costs.
(7) The proceeds received by the fund must be disbursed quarterly to organizations involved with traumatic brain injuries to fund its initiatives and may also be disbursed for other purposes as the board determines appropriate. The board may receive requests for proposals for funding brain injury initiative and for proposals directed toward prevention and education.
The board shall establish priorities and criteria for the disbursement of monies in the fund. The board shall also be authorized to direct the disbursement of the monies collected in accordance with the priorities and criteria established by the board. The board shall investigate the needs of citizens with head injuries, identify the gaps and services to citizens, identify organizations and entities providing the services, and provide funding for them. Further, the board is authorized to direct that funding be provided for initiatives, organizations, and entities that are addressing prevention of traumatic brain injury.
(8) The board shall keep full and complete written minutes of its proceedings."/
Renumber sections to conform.
Amend title to conform.
ROBERT W. HARRELL, JR. for Committee.
REVENUE IMPACT 1/
This bill is expected to raise $1,867,880 in revenues earmarked to the South Carolina Brain Injury Trust Fund and local jurisdictions in FY 2003-04.
Explanation
This bill authorizes a new $10 surcharge on all fines, forfeitures, escheatment, or other monetary penalties imposed in general sessions court or in magistrates' or municipal court for designated aggressive driving offenses which carry four and six points against the offender's driver's license. The $10 surcharge is not imposed on mandatory suspension violations. Based on traffic statistics supplied by Department of Public Safety (DPS) and caseload histories of Court Administration, the BEA estimates there will be 186,788 violations with convictions in the initial year. Multiplying the new $10 surcharge applied to these 186,788 convictions, would yield $1,867,880 in FY 2003-04. Of the monies generated from this surcharge, 10% or $186,788 will be retained by the jurisdiction processing the case and the remaining 90% or $1,681,092 will be deposited into an earmarked fund entitled the South Carolina Brain Injury Trust Fund.
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 56-5-75 SO AS TO PROVIDE FOR A TEN DOLLAR SURCHARGE ON CERTAIN TRAFFIC VIOLATIONS DESIGNATED AS AGGRESSIVE DRIVING OFFENSES, TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS SURCHARGE MUST BE USED INCLUDING FOR DEPOSIT IN SOUTH CAROLINA BRAIN INJURY TRUST FUND HEREIN ESTABLISHED, TO ALSO ESTABLISH A BRAIN INJURY TRUST FUND BOARD TO ADMINISTER THE FUND, AND TO PROVIDE THE PROCEDURES AND REQUIREMENTS FOR DISBURSEMENTS FROM THE FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 59 of the 1976 Code is amended by adding:
"Section 56-5-75. (A) In addition to all other assessments and surcharges imposed by law, a ten dollar surcharge is also levied on all fines, forfeitures, escheatments, or other monetary penalties imposed in the general sessions court or in magistrate's or municipal court for aggressive driving offenses which are defined as follows:
(1) speeding offenses in excess of ten miles per hour over the speed limit;
(2) conviction of the second of any two moving violations having occurred on the same date;
(3) reckless driving;
(4) disregard of traffic control signals or signs; or
(5) any traffic violation which carries a penalty of four or more points against the offender's driver's license.
No portion of the surcharge may be waived, reduced, or suspended.
(B) Ten percent of the monies generated by the surcharge must be retained by the jurisdiction which heard or processed the case and the remaining ninety percent must be paid to the State Treasurer within thirty days after receipt to be deposited in a special account separate and distinct from the state general fund entitled the South Carolina Traumatic Brain Injury Trust Fund. The jurisdiction which hears or processes cases in general sessions court is deemed to be the county or municipality in which the offense occurred.
(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.
(D)(1) The South Carolina Traumatic Brain Injury Trust Fund Board is created for the purpose of administering the Traumatic Brain Injury Trust Fund. The board is composed of seven members, who must be residents of this State. Six of these members must be appointed by the Governor for terms of four years each and until their successors are appointed and qualify, except that of the six members first appointed, three must be appointed for initial terms of two years each. Three members shall be recommended by the South Carolina Brain Injury Leadership Council Executive Committee, two members must have sustained a traumatic brain injury, or be a family member or representative of these individuals, and another member shall be a representative from the South Carolina Department of Public Safety. The president or his designee of the Brain Injury Alliance of South Carolina shall serve ex officio as the seventh member of the board.
(2) A majority of the appointed membership of the board shall constitute a quorum.
(3) The board shall elect, by majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for a one-year term. The board shall have such other officers as considered necessary and approved by the board.
(4) Meetings of the board must be held at least twice a year but may be held more frequently as considered necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to traumatic brain injury service projects, programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the provisions of this section. The primary purpose of the board is for the distribution, in the best interest of the citizens of this State, of the funds collected for aggressive driving. The board shall also be permitted to distribute such other funds as may be deposited into the fund for the treatment and prevention of traumatic brain injury by grant, legislative appropriation, or donation.
(5) Board members shall be paid from the fund the usual mileage, subsistence, and per diem as paid by law to members of state boards, commissions, and committees.
(6) The South Carolina Department of Public Safety shall provide administrative support to the board in regard to meetings, staff, and administrative matters. The board shall be authorized to disburse up to ten percent of the annual proceeds of the fund for administrative costs.
(7) The proceeds received by the fund must be disbursed quarterly to organizations involved with traumatic brain injuries to fund its initiatives and may also be disbursed for other purposes as the board determines appropriate. The board may receive requests for proposals for funding brain injury or aggressive driving initiatives including, but not limited to, proposals directed toward prevention, education, and enforcement.
The board shall establish priorities and criteria for the disbursement of monies in the fund. The board shall also be authorized to direct the disbursement of the monies collected in accordance with the priorities and criteria established by the board. The board shall investigate the needs of citizens with head injuries, identify the gaps and services to citizens, identify organizations and entities providing the services, and provide funding for them. Further, the board is authorized to direct that funding be provided for initiatives, organizations, and entities who are addressing prevention of aggressive driving or the prevention of traumatic brain injury.
(8) The board shall keep full and complete written minutes of its proceedings."
SECTION 2. This act takes effect upon approval by the Governor.
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