Current Status Bill Number:3295 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950118 Primary Sponsor:McAbee All Sponsors:McAbee, Carnell, P. Harris, H. Brown, Hutson, Canty, Harvin, Harrison, Shissias, Quinn, Riser, Stille, Witherspoon, Tucker, Stuart, J. Harris and Knotts Drafted Document Number:jic\5273htc.95 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Veterans' Trust Fund
Body Date Action Description Com Leg Involved
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House 19950118 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 25 of the 1976 Code is amended by adding:
Section 25-21-10. There is established the Veterans' Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be dedicated to serving the needs of South Carolina's veterans by supporting programs, both public and private, for veterans. The Veterans' Trust Fund may support veteran service programs by direct funding or through donation of property or services. The Veterans' Trust Fund may supplement and augment, but shall not take the place of, services provided by state agencies.
The board of trustees for the Veterans' Trust Fund shall carry out activities necessary to administer the fund, including, but not limited to, assessing service needs and gaps, soliciting proposals to address identified needs, and establishing criteria for awarding of grants.
Section 25-21-20. There is created the board of trustees for the Veterans' Trust Fund of South Carolina composed of eleven members. One member of the board of trustees must be the director of the Veterans' Affairs Division or his designee. The Governor, with the advice and consent of the Senate, shall appoint individuals to fill the remaining positions on the board of trustees. Of the positions filled by gubernatorial appointment, four must be county veterans' affairs officers, five must represent veterans' service organizations, and one member must be selected at large. All members of the board of trustees must be United States armed forces veterans who were honorably discharged. The members of the board shall elect officers from among themselves as necessary.
Individuals appointed by the Governor shall serve terms of four years and until a successor is appointed and qualifies; except that five of the members must be initially appointed for terms of two years only. Vacancies must be filled in the manner of the original appointment for the unexpired term. No member may serve more than two consecutive terms or more than eight continuous years, whichever is greater.
Members of the board may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees.
A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly and State Auditor annually.
Section 25-21-30. To fulfill its duties and functions, the board is authorized, but not limited, to:
(1) assess the needs of veterans, establish priorities, and develop goals and objectives for the Veterans' Trust Fund;
(2) accept gifts, grants, and bequests from any person, entity, or foundation, either public or private;
(3 accept appropriations, loans, or grants from any governmental or quasigovernmental source;
(4) acquire and hold property;
(5) invest trust monies, including pooled investment funds maintained by the State;
(6) solicit proposals for programs aimed at meeting identified needs;
(7) employ a director and other staff as necessary to carry out the duties and responsibilities assigned by the board or contracts for providing these services;
(8) establish rules of procedure for board meetings and any other function of the fund necessary for the orderly conduct of its business; (9) enter into contracts for the awarding of grants to public or private, nonprofit organizations;
(10) establish criteria for awarding of grants which shall include the consideration of at least:
(a) the priority of the service need that the proposal addresses;
(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(c) a cost-benefit analysis of the project;
(d) the degree of community support for the proposal;
(e) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not, required;
(f) the qualifications of employees to be hired under the grant;
(g) the experience of the proposed project administrators in providing ongoing accountability for the program.
Section 25-21-40. Until the assets of the Veterans' Trust Fund exceed three million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the board of trustees.
When assets in the trust fund exceed three million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the board of trustees.
Section 25-21-50. Funds from the receipt of contributions pursuant to Section 12-7-2417 must be deposited in the Veterans' Trust Fund for disbursement pursuant to the terms of this chapter."
SECTION 2. Article 21, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-2417. (A) Each individual taxpayer required to file a state income tax return who desires to contribute to the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25 may designate the contribution on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of the taxpayer and may be made by reducing the income tax refunds of the taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amount designated, whichever is appropriate.
(B) All South Carolina individual income tax return forms must contain a designation for a contribution to the Veterans' Trust Fund of South Carolina. Contributions of other amounts may be made directly to the Veterans' Trust Fund. The instructions accompanying income tax forms must contain a description of the purposes for which the Veterans' Trust Fund was established and the use of the monies from income tax contribution.
(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated by the taxpayer. The department shall determine annually the total amount so designated, plus the amount received in excess payments so designated and shall report the total amount to the State Treasurer. The department shall transfer the total amount to the Veterans' Trust Fund at the earliest possible time.
(D) The incremental cost of administration of this contribution must be paid by the Veterans' Trust Fund from amounts received pursuant to this section."
SECTION 3. This act takes effect upon approval by the Governor.