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H. 3151
STATUS INFORMATION
General Bill
Sponsors: Reps. J.E. Smith, Littlejohn and Herbkersman
Document Path: l:\council\bills\nbd\11103ac07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs
Summary: South Carolina Spinal Cord Injury research board
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/20/2006 House Prefiled
12/20/2006 House Referred to Committee on Medical, Military, Public and
Municipal Affairs
1/9/2007 House Introduced and read first time HJ-85
1/9/2007 House Referred to Committee on Medical, Military, Public and
Municipal Affairs HJ-85
1/11/2007 House Member(s) request name removed as sponsor: Cobb-Hunter
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 38 OF TITLE 44, SO AS TO CREATE THE HEAD AND SPINAL CORD INJURY TRUST FUND TO BE ADMINISTERED BY THE HEAD AND SPINAL CORD INJURY TRUST FUND COMMISSION UNDER THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR THE PURPOSE OF AWARDING GRANTS TO INDIVIDUALS AND PROGRAMS TO PROVIDE CARE AND REHABILITATIVE SERVICES TO PERSONS WITH HEAD OR SPINAL CORD INJURIES, TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND FOR THEIR POWERS AND DUTIES; TO AMEND SECTION 14-1-211, RELATING TO COURT FEES AND THEIR DISBURSEMENT, INCLUDING FEES IMPOSED FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT FUNDS DESIGNATED FROM THESE FEES MUST BE CREDITED TO THE HEAD AND SPINAL CORD INJURY TRUST FUND; AND TO REPEAL ARTICLE 5, CHAPTER 38, TITLE 44, RELATING TO THE SOUTH CAROLINA SPINAL CORD INJURY RESEARCH BOARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 38, Title 44 of the 1976 Code is amended by adding:
Section 44-38-710. There is established the Head and Spinal Cord Injury Trust Fund in the Office of the State Treasurer, a fund separate and distinct from the general fund, created for the primary purpose of providing care and rehabilitative services to persons with head or spinal cord injuries, or both. The fund must be administered by the Head and Spinal Cord Injury Trust Fund Commission in accordance with this article.
Section 44-38-720. As used in this article:
(1) 'Commission' means the Head and Spinal Cord Injury Trust Fund Commission.
(2) 'Trust fund' means the Head and Spinal Cord Injury Trust Fund.
Section 44-38-730. (A) The Head and Spinal Cord Injury Trust Fund Commission is created under the Department of Disabilities and Special Needs and shall consist of the following members:
(1) who shall serve ex officio:
(a) Commissioner of the State Agency for Vocational Rehabilitation, or a designee;
(b) Director of the Office of Human Resources, Budget and Control Board, or a designee;
(c) Director of the Department of Health and Environmental Control, or a designee;
(d) a member of the Advisory Council to the South Carolina Head and Spinal Cord Service Delivery System who must be selected by the chairman of that council.
(2) eight members appointed by the Governor who must be residents of this State who have sustained a head or spinal cord injury, or both, or members of such persons' immediate families;
(3) three members appointed by the Governor from recommendations of the South Carolina Hospital Association, the South Carolina Head Injury Association, and the South Carolina Spinal Cord Injury Association.
(B) Members shall serve terms of four years and until their successors are appointed and qualified. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy must be filled in the same manner as the original appointment for the unexpired portion of the term.
(C) Membership on the commission does not constitute public office, and no member may be disqualified from holding public office by reason of his or her membership on the commission.
(D) The Governor shall designate a chairperson of the commission from among the members of the commission, who shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate.
(E) Members of the commission shall serve without compensation but shall receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions.
(F) The department shall provide staffing and such resources as are needed to carry out the duties and responsibilities of the commission, which shall also utilize existing resources and staff of other state agencies whenever practical.
Section 44-38-740. The commission shall:
(1) meet at such times and places as the chairman considers necessary or convenient to perform its duties;
(2) maintain minutes of its meetings;
(3) adopt rules and regulations for the transaction of its business;
(4) accept applications for disbursements of available money from the trust fund;
(5) maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund.
Section 44-38-750. The commission may recommend to the Governor and to the General Assembly changes in state programs, statutes, policies, budgets, and standards relating to the care and rehabilitation of persons with head or spinal cord injuries, or both, improve coordination among state agencies that provide care and rehabilitative services to such persons, and improve the condition of persons who are in need of rehabilitative services.
Section 44-38-760. The commission may accept federal funds for the purposes of this article as well as gifts and donations from individuals, private organizations, and foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this section must be transmitted to the Office of the State Treasurer for deposit in the Head and Spinal Cord Injury Trust Fund to be disbursed as other monies in the fund.
Section 44-38-770. (A) The commission may authorize the disbursement of available money from the trust fund for purposes of providing care and rehabilitative services to residents of the State who have survived neurotrauma with head or spinal cord injuries, or both, and to a person, entity, or program pursuant to eligibility criteria established by the commission. The commission may also authorize the disbursement of trust fund money for the actual and necessary operating expenses that the commission incurs in performing its duties; however, such disbursements must be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money to provide care and rehabilitative services for persons with head or spinal cord injuries.
(B) No funds may be disbursed from the trust fund to any person, entity, or program or for any purpose authorized in subsection (A) unless approved by the commission."
SECTION 2. Section 14-1-211 of the 1976 Code is amended to read:
"Section 14-1-211. (A)(1) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930 and Section 56-5-2933. No portion of the surcharge may be waived, reduced, or suspended.
(2) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions pursuant to Section 56-5-2930 and Section 56-5-2933. No portion of the surcharges imposed pursuant to this section may be waived, reduced, or suspended.
(B)(1) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Chapter 3, Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Chapter 3, Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Chapter 3, Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years.
(2) The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina credited to the Head and Spinal Cord Injury Trust Fund, created pursuant to Section 44-38-710. All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall must be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Head and Spinal Cord Injury Research Board and its programs Trust Fund Commission as established in Article 5 7, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account fund. A report detailing the use of these funds must be furnished to the General Assembly by the Head and Spinal Cord Injury Trust Fund Commission on an annual basis.
(C) The surcharged revenue retained by the general sessions court, magistrate's, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years.
(D) To ensure that surcharges imposed pursuant to this section are properly collected and remitted to the city or county treasurer, the annual independent external audit required to be performed for each municipality pursuant to Section 5-7-240 and each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of surcharges from the point of collection to the point of distribution and a supplementary schedule detailing all surcharges collected at the court level, and the amount remitted to the municipality or county.
(1) The supplementary schedule must include the following elements:
(a) all surcharges collected by the clerk of court for the general sessions, magistrate's, or municipal court;
(b) the amount of surcharges retained by the city or county treasurer pursuant to this section;
(c) the amount of funds allocated to victim services by fund source; and
(d) how those funds were expended, and any carry forward balances.
(2) The supplementary schedule must be included in the external auditor's report by an "in relation to" paragraph as required by generally accepted auditing standards when information accompanies the basic financial statements in auditor submitted documents."
SECTION 3. Article 5, Chapter 38, Title 44 of the 1976 Code is repealed.
SECTION 4. Of the initial members appointed to the Head and Spinal Cord Injury Trust Fund Commission, pursuant to Section 44-38-730(A)(2) and (3) of the 1976 Code, as contained in Section 1 of this act, four members shall serve terms of four years, three members shall serve terms of three years, two members shall serve terms of two years, and two members shall serve terms of one year.
SECTION 5. This act takes effect July 1, 2007.
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