Reps. PACE, CROMER and MAGNUSON propose the following Amendment No. to H.4025 as Passed By The House

(Doc Name h:\legwork\house\amend\h-wm\011\h2-forfeit carry forward.docx):

EXPLANATION: Create Tax Relief Trust Fund and direct that agencies and public universities shall forfeit carry forward if they do not comply with Executive Order 14173.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 553, after line 23, by adding an appropriately numbered proviso to read:

/ (GP: Forfeiture of Carry Forward Funds) (A) There is created an Income Tax Relief Trust Fund that shall be established and administered by the State Treasurer's Office. The State Treasurer shall maintain these funds in a separate, interest-bearing account, and no funds deposited may be expended or transferred without authorization by the General Assembly. Any interest accrued shall be retained by the fund for the purpose of income tax relief.

 (B) Any state agency or any public institution of higher learning that receives state funding in the annual general appropriations act shall forfeit its authorized carry forward funds to the Income Tax Relief Trust Fund unless a certified letter is submitted by the designated authority, agency head, university president, and/or department director to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the State Treasurer affirming that:

  (1) No funds will be expended, directly or indirectly, on any initiative, policy, training, program, office, or activity in violation of the terms outlined in the President's Executive Order Number 14173 on Ending Illegal Discrimination and Restoring Merit-Based Opportunity; and

  (2) Each state agency and public institution of higher learning is in full compliance with both the referenced Executive Order and the DEI legislation passed by the South Carolina House of Representatives.

 (C) Failure to submit this certification shall result in the full forfeiture of all carry forward funds into the Income Tax Relief Trust Fund.

 (D) Every citizen of South Carolina shall have a private right of action against any state agency or public university that fails to comply with the provisions of this proviso. If a court of competent jurisdiction finds that an agency or university is in violation of the certification requirements, the following shall apply:

  (1) All carryforward funds held by the violating agency or university shall be forfeited and redirected as follows:

   (i) first, to pay all reasonable attorney's fees and court costs incurred by the prevailing plaintiff;

   (ii) second, a reward of ten thousand dollars shall be paid to the prevailing plaintiff as a "finder's fee"; and

   (iii) third, the remaining balance shall be transferred to the Income Tax Relief Trust Fund for the benefit of South Carolina taxpayers.

 (E) This proviso shall be liberally construed in favor of transparency, accountability, and the enforcement of DEI compliance as set forth in this proviso. /

Renumber sections to conform.

Amend totals and titles to conform.