Can a South Carolina county keep all money collected for violations of its ordinances?

Plain-English summary

In 2013, South Carolina's Attorney General distinguished a fine for violating a county ordinance from the assessments and surcharges a magistrate may collect in addition. The county generally receives the criminal fine under the statute the AG quoted. But the fact that the underlying offense is a county ordinance does not let the county keep extra assessments or surcharges that law directs to the state.

Fairfield County asked whether it could move collections for its ordinance cases entirely into county bookkeeping. The opinion answered the distribution question by separating the kinds of money collected, and noted that some statutory assessments or surcharges have their own exceptions and distribution rules.

What this means for you

County treasurers and court finance staff

The opinion says the county normally retains the criminal fine imposed in magistrates court. It also says any additional assessment or surcharge must go where its own statute directs, even when the conviction is for a county ordinance.

County code-enforcement offices

An ordinance case does not make every dollar collected county revenue. The AG's answer turns on whether an amount is the fine itself or a separate statutory charge.

County attorneys

The opinion did not claim to list every assessment and surcharge. It used several examples to explain why a blanket county-retention rule would conflict with statutory remittance duties.

Currency note

This opinion was issued in 2013. Court assessments and distribution formulas can change. Verify current law before applying this historical interpretation to collections.

Common questions

Q: Does a county keep the fine for its own ordinance violation? A: Generally yes, when the criminal fine is imposed and collected by a magistrate under the statute the opinion quotes.

Q: Can it also keep all attached assessments and surcharges? A: No. The AG said those amounts must be distributed as their separate statutes direct, including required state remittances.

Q: Did the AG give a complete list of all court charges?
A: No. It expressly said its examples were not exhaustive.

Background and statutory framework

Fairfield County enforcement officers used uniform summons tickets for county ordinance cases heard by magistrates. The county asked whether all resulting collections could stay with the county. The AG applied the county-fine statute and compared separate statutory assessments and surcharges to show that each has its own distribution rule.

Citations and references

• S.C. Code § 22-1-70: magistrate-collected criminal fines turned over to county treasurers, subject to the statute's terms.
• § 14-1-207: example assessment with a state-county distribution rule.
• Additional surcharge statutes: examples of separate distribution rules discussed in the opinion.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-13-2013/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/06/james-j-e-iii-os-9602-6-13-13-whether-fines-collected-for-violations-of-ordinances-remain-with-county.pdf

Original opinion text

ALAN WILSON
ATIORNEYGENERAL

June 13, 2013

John E. James, III, Esquire
Fairfield County Attorney
Post Office Drawer 329
Winnsboro, South Carolina 29180
Dear Mr. James,
You seek an opinion of this Office as to whether fines imposed in magistrates co mt for violations of county ordinances may be retained entirely by the county. By way of background, you provide the following information: Pursuant to Section 56-7-80 of the Code of Laws of South Carol ina, Fairfield County Code Enforcement Officers issue uniform summons tickets for violations of county ordinances. These matters are routinely handled by county magistrates who process fees collected for these violations through their accounting system, which apportions some of the fees collected to the State and some to Fairfield County. The Code Enforcement Office would like to know if it is permissible to process the payment of fines collected for violations of local ordinances entirely within the county bookkeeping system, with all fines collected remaining with the county.

Law/Analysis
In answering your question, we believe a distinction must be made between fines imposed as penalties for violations of county ordinances and surcharges or assessments which are imposed in addition to such fines. Generally, any fine imposed as a penalty for a conviction of a criminal offense tried in magistrates court is retained by the county:

All fines and penalties imposed and collected by magistrates in criminal cases must be forthwith turned over by them to the county treasurers of their respective counties for county purposes; provided, that when a magistrate presides over a municipal court under contract between the municipality and the county governing body as authorized by § 14-25-25, a portion of such fines and penalties imposed and collected shall be turned over to the treasurer of the municipality under the provisions of the contract between the municipality and the county governing body which shall specify the portion to be turned over to

REMBERT C. D ENNIS B UILDING

•

P OST OFFICE Box 11 549

•

COLUMBIA, SC 29211-1549

• TELEPHONE 803-734-3970 •

FACSIMILE 803-253-6283

Mr. James
Page 2
June 13,2013

the treasurer of the municipality. But when, by law any person is entitled, as informer, to any portion of such fine or penalty, such portion shall be immediately paid over to him. If any magistrate shall neglect or refuse to pay over all fines and penalties collected by him in any criminal cause or proceeding he shall, on conviction thereof, be subject to a fine of not less than one hundred nor more than one thousand dollars and imprisonment for not less than three nor more than six months and shall be dismissed from office. S.C. Code § 22-1-70 (emphasis added). However, several statutes require magistrates to collect certain assessments and surcharges in addition to the fine imposed for the violation of an offense. For example, pursuant to § l 4- l-207(A) a person who is convicted of or forfeits bond for an offense in magistrates court "must pay an amount equal 1 to 107.5 percent of the fine imposed as an assessment" unless an exception applies. § 14-1-207(A). The county treasurer then remits 11.16 percent of this assessment to the county and the remainder to the State Treasurer. § 14-1-207(B). In addition, pursuant to § 14-1-21 l(A)(I) "a twenty-five dollar surcharge is imposed on all convictions obtained in magistrates and municipal courts in this State" with the exception of certain offenses. 2 However, subsection (B) of § 14-1-211 provides that the revenue collected as a result of this surcharge is to be retained by the county to be used for the specific purposes set forth therein. § 14-1-21 l(B). Furthermore, pursuant to § 14- l-212(A) an additional "twenty-five dollar surcharge is imposed on all fines ... or other monetary penalties imposed in ... magistrates ... court for misdemeanor offenses or for nontraffic violation." However, revenue collected as a result of this surcharge must be "paid to the State Treasurer within thirty days after receipt." § 14-l-2 l 2(B)(l ). We note that the above statutes are not an exhaustive list of all the assessments or surcharges that must be imposed by a magistrate in addition to the penalty for an offense. Regardless, no provision in any of these statutes indicates these assessments or surcharges, or portions thereof, which must be remitted to the State Treasurer may instead be remitted to the county where the offense committed was a violation of a county ordinance. Accordingly, while a county is generally entitled to retain a fine imposed

1

§ 14-1-207(A) goes on to state that the assessment is not imposed "on convictions for violations of Sections 56-31970, 56-5-2510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons." 2

Similar to the exceptions listed above in § 14-l -207(A), the surcharge in § 14-1-21 l(A)(I) is not imposed " on convictions for misdemeanor traffic offenses including, but not limited to, violations of Sections 56-3-1970, 56-52510, and 56-5-2530, or another state law, municipal ordinance, or county ordinance restricting parking in a prohibited zone or in a parking place clearly designated for handicapped persons." However, the surcharge expressly does apply to violations of§§ 56-5-2930 and -2933. Id.

Mr. James
Page 3
June 13,2013

as a penalty for the violation of a criminal offense tried in magistrates court, the county must still remit any additional assessments or surcharges, or any portion thereof, to the State as required by law.3

Assistant Attorney General
REVTEWED AND APPROVED BY:

Deputy Attorney General

3

Court Administration has issued a more comprehensive memorandwn on the matter entitled "Statutory Provisions for the Distribution of Revenue Generated by the Magistrates and Municipal Courts." A copy of this memorandum can be down loaded at www .sccourts.org/trial/feeAssess20 I2/summaryCourt/Summarv%20Court%20Memo.docm.