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H. 3917
STATUS INFORMATION
General Bill
Sponsors: Reps. Littlejohn, Cotty, Moody-Lawrence, Altman, Anthony, Bailey, Cobb-Hunter, J. Hines, Koon, Leach, Limehouse, Mack, Mahaffey, Martin, Snow, Stille, Witherspoon and Davenport
Document Path: l:\council\bills\gjk\20422sd03.doc
Companion/Similar bill(s): 536
Introduced in the House on April 2, 2003
Introduced in the Senate on April 14, 2004
Last Amended on April 13, 2004
Currently residing in the Senate Committee on Transportation
Summary: Aggressive driving offenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/2/2003 House Introduced and read first time HJ-7
4/2/2003 House Referred to Committee on Ways and Means HJ-7
1/28/2004 House Member(s) request name added as sponsor: Davenport
4/1/2004 House Committee report: Favorable with amendment Ways and
Means HJ-5
4/13/2004 House Amended HJ-28
4/13/2004 House Read second time HJ-30
4/14/2004 House Read third time and sent to Senate HJ-21
4/14/2004 Senate Introduced and read first time SJ-7
4/14/2004 Senate Referred to Committee on Transportation SJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
AMENDED
April 13, 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 4/13/04--H.
Read the first time April 2, 2003.
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.
Amend Title To Conform
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. (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."
SECTION 2. This act takes effect upon approval by the Governor.
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