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H. 4515
STATUS INFORMATION
General Bill
Sponsors: Reps. Breeland, Brantley, Anderson, Branham, G. Brown, R. Brown, Chalk, Clyburn, Hagood, Hart, Hodges, Hosey, Leach, Limehouse, Littlejohn, Mack, Parks, Scarborough, Stavrinakis and Umphlett
Document Path: l:\council\bills\ggs\22040ab08.doc
Introduced in the House on January 17, 2008
Currently residing in the House Committee on Ways and Means
Summary: Prostate Cancer Research Trust Fund
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/17/2008 House Introduced and read first time HJ-7 1/17/2008 House Referred to Committee on Ways and Means HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 137 TO TITLE 44 SO AS TO ESTABLISH THE SOUTH CAROLINA PROSTATE CANCER RESEARCH TRUST FUND AND TO PROVIDE FOR THE USES OF THE TRUST FUND REVENUE; AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO CHARITABLE CONTRIBUTIONS ALLOWED TO BE MADE BY MEANS OF A "CHECK OFF" ON INDIVIDUAL STATE INCOME TAX RETURNS, SO AS TO AUTHORIZE CONTRIBUTIONS TO THE SOUTH CAROLINA PROSTATE CANCER RESEARCH TRUST FUND.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-137-10. This chapter may be cited as the 'South Carolina Prostate Cancer Research Trust Fund'.
Section 44-137-20. For purposes of this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'Trust Fund' means the South Carolina Prostate Cancer Research Trust Fund.
Section 44-137-30. (A) There is established in the State Treasury the South Carolina Prostate Cancer Research Trust Fund that must be separate and distinct from the general fund of the State and all other funds to which must be credited all contributions made to the trust fund pursuant to Section 12-6-5060. The revenues in the trust fund are for the sole use of the department to promote research related to prostate cancer. Revenues of the trust fund must be disbursed on the warrant of the director of the department.
(B) For purposes of this article, the department is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as provided in Chapter 56 of Title 33.
(C) Revenues in the trust fund carry forward to succeeding fiscal years and earnings of the trust fund must be credited to it.
(D) The State Auditor shall conduct an annual audit of the revenues of the trust fund and trust fund revenues must not be disbursed by the State Treasurer until any audit issues are resolved to the satisfaction of the State Treasurer."
SECTION 2. Section 12-6-5060(A) of the 1976 Code, as last amended by Act 382 of 2006, is further amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund, the Children's Trust Fund of South Carolina established pursuant to Section 20-7-5010, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, or the First Steps to School Readiness Fund established pursuant to Section 20-7-9740, the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11 of Title 25, the Gift of Life Trust Fund of South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21 of Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, K-12 public education for use in the manner the General Assembly provides by law, South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, or the Financial Literacy Trust Fund as established pursuant to Section 59-29-510, or to the South Carolina Prostate Cancer Research Trust Fund established pursuant to Chapter 137 of Title 44 by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor and first applies for South Carolina individual income tax returns for the 2008 taxable year.
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