(A) The one-hundred-dollar-filing fee for documents and actions described in Section 8-21-310(C)(1) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.
The fifty-six percent of the one-hundred-dollar fee prescribed in Section 8-21-310(C)(1) remitted to the State Treasurer must be deposited as follows:
(1) 31.52 percent to the state general fund;
(2) 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 4.47 percent to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund;
(4) 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and
(5) 30.00 percent to the South Carolina Judicial Department.
(B)(1) There is added to the fee imposed pursuant to Section 8-21-310(C)(1) an additional fee equal to fifty dollars. One hundred percent of the revenue from this additional fee must be remitted to the State Treasurer on the monthly schedule provided in subsection (A). The revenues from this additional fee must be allocated in each fiscal year to the following agencies in the amounts specified:
(a) Judicial Department-67.96 percent;
(b) Commission on Indigent Defense, Defense of Indigents per capita-14.56 percent;
(c) Department of Probation, Parole and Pardon Services-11.30 percent;
(d) Prosecution Coordination Commission-4.37 percent; and
(e) Commission on Indigent Defense, Division of Appellate Defense-1.81 percent.
(2) Fee revenues allocated pursuant to this subsection are to be retained, expended, and carried forward by the agencies specified.
HISTORY: 1997 Act No. 155, Part II, Section 36B, eff July 1, 1997; 2002 Act No. 329, Section 3.C., eff July 1, 2002; 2008 Act No. 353, Section 2, Pt 23B, eff July 1, 2009; 2017 Act No. 96 (S.289), Pt. II, Section 4.B, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 4.B, in (A), in (3) substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund" for "State Office of Victim Assistance under the South Carolina Victim's Compensation Fund", and made a nonsubstantive change.
Structure South Carolina Code of Laws
Chapter 1 - General Provisions
Section 14-1-10. "Property" defined.
Section 14-1-20. "Real property" and "real estate" defined.
Section 14-1-30. "Personal property" defined.
Section 14-1-40. "Clerk" defined.
Section 14-1-50. Common law of England continues in effect.
Section 14-1-60. Rules of construction.
Section 14-1-70. Designation of the several courts of the State.
Section 14-1-80. Jurisdiction of the several courts of the state, generally.
Section 14-1-90. Chief Justice of Supreme Court is administrative head; powers and duties; vacancy.
Section 14-1-95. Power of chief justice to adjust salary of judicial employees.
Section 14-1-100. Rights in court not affected by race or color.
Section 14-1-120. Case continued on adjournment.
Section 14-1-130. Disqualification of judge by reason of relationship to parties.
Section 14-1-140. Persons attending court exempt from arrest; mileage allowed per day.
Section 14-1-150. Contempt of court; offenders to be heard.
Section 14-1-160. Breach of peace within hearing of court.
Section 14-1-170. Filing of undertakings.
Section 14-1-180. Jurors for inferior courts in counties containing a city of more than 70,000.
Section 14-1-190. Monies received by jurors constitute expense allowance.
Section 14-1-202. Authority to collect or compromise a court-ordered delinquent debt.
Section 14-1-203. Revenues from spousal and dependent children support actions.
Section 14-1-207. Additional assessment, magistrates court; remittance; disposition; annual audits.
Section 14-1-208. Additional assessment, municipal court; remittance; disposition; annual audits.
Section 14-1-209. Payment of fine and assessment in installments.
Section 14-1-211.5. Training and technical assistance.
Section 14-1-212. Surcharges on fines; distribution.
Section 14-1-214. Payment of fines, fees, court costs by credit or debit card.
Section 14-1-215. Retired judges or justices may preside in certain courts.
Section 14-1-216. Prohibition against assignment of family court judge to circuit court; exceptions.