1. (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.

   1. (1) 31.52 percent to the state general fund;
   2. (2) 7.23 percent to the Department of Behavioral Health and Developmental Disabilities to be used exclusively for the treatment and rehabilitation of drug addicts within the Office of Mental Health's addiction center facilities;
   3. (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. (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. (5) 30.00 percent to the South Carolina Judicial Department.

   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:

2. (B)

   1. (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:

      1. (a) Judicial Department—67.96 percent;
      2. (b) Commission on Indigent Defense, Defense of Indigents per capita—14.56 percent;
      3. (c) Department of Probation, Parole and Pardon Services—11.30 percent;
      4. (d) Prosecution Coordination Commission—4.37 percent; and
      5. (e) Commission on Indigent Defense, Division of Appellate Defense—1.81 percent.
   2. (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.

Code Commissioner's Note

At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.

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.