H*3286 Session 105 (1983-1984)
H*3286(Rat #0386, Act #0347 of 1984) General Bill, By P. Evatt, D.M. Beasley and
Wilkins
A Bill to amend Chapter 7 of Title 20, Code of Laws of South Carolina, 1976,
relating to the South Carolina Children's Code, by adding Article 17 so as to
establish The Children's Trust Fund of South Carolina, create the board of
trustees for the trust fund, and provide for the board's powers, employment of
a director and staff of the board, disbursement of the trust fund, and deposit
of contributions from income tax forms in the trust fund; to amend Article 21
of Chapter 7 of Title 12, relating to payment, collection, and use of taxes,
by adding Section 12-7-2416 so as to provide for a deduction from state income
tax refunds or a contribution to be added to state income tax payments for the
support of The Children's Trust Fund; and to amend Section 33-55-50, relating
to exemptions of charitable organizations from the fee for registration with
the Secretary of State, so as to include The Children's Trust Fund in the
exemption.
01/03/84 House Prefiled
01/03/84 House Referred to Committee on Medical, Military,
Public and Municipal Affairs
01/10/84 House Introduced and read first time HJ-329
01/10/84 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-329
03/08/84 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1317
03/14/84 House Amended HJ-1465
03/14/84 House Read second time HJ-1469
03/15/84 House Read third time and sent to Senate HJ-1520
03/20/84 Senate Introduced and read first time SJ-1082
03/20/84 Senate Referred to Committee on Finance SJ-1082
03/29/84 Senate Committee report: Favorable with amendment
Finance SJ-1250
04/05/84 Senate Amended SJ-1349
04/05/84 Senate Read second time SJ-1350
04/06/84 Senate Read third time SJ-1357
04/06/84 Senate Returned SJ-1357
04/10/84 House Concurred in Senate amendment and enrolled HJ-2291
04/18/84 Ratified R 386
04/23/84 Signed By Governor
04/23/84 Effective date 04/23/84
04/23/84 Act No. 347
05/01/84 Copies available
(A347, R386, H3286)
AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, BY ADDING ARTICLE 17 SO AS TO
ESTABLISH THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, CREATE THE BOARD OF
TRUSTEES FOR THE TRUST FUND, AND PROVIDE FOR THE BOARD'S POWERS, EMPLOYMENT OF
A DIRECTOR AND STAFF OF THE BOARD, DISBURSEMENT OF THE TRUST FUND, AND DEPOSIT
OF CONTRIBUTIONS FROM INCOME TAX FORMS IN THE TRUST FUND; TO AMEND ARTICLE 21 OF
CHAPTER 7 OF TITLE 12, RELATING TO PAYMENT, COLLECTION, AND USE OF TAXES, BY
ADDING SECTION 12-7-2416 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX
REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE
SUPPORT OF THE CHILDREN'S TRUST FUND; AND TO AMEND SECTION 33-55-50, RELATING TO
EXEMPTIONS OF CHARITABLE ORGANIZATIONS FROM THE FEE FOR REGISTRATION WITH THE
SECRETARY OF STATE, SO AS TO INCLUDE THE CHILDREN'S TRUST FUND IN THE EXEMPTION.
Be it enacted by the General Assembly of the State of South Carolina:
Children's Trust Fund established
SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:
"ARTICLE 17
SOUTH CAROLINA CHILDREN'S TRUST FUND
Section 20-7-5010. There is established the Children's Trust Fund of South
Carolina, an eleemosynary corporation, the resources of which shall stimulate
innovative prevention and treatment programming to meet critical needs of South
Carolina's children through the awarding of grants to private nonprofit
organizations. The Trust Fund shall accept gifts, bequests, and grants from any
person or foundation. The Trust Fund shall supplement and augment, not take the
place of, services provided by state agencies, and the Trust Fund is not
authorized to receive federal funds. No state agency is eligible to receive
funds under this article. The Board of Trustees for the Trust Fund shall carry
out activities necessary to administer the fund including assessing service needs
and gaps, soliciting proposals to address identified service needs, and
establishing criteria for the awarding of grants.
Section 20-7-5020. There is created the Board of Trustees for the Children's
Trust Fund of South Carolina composed of nine members appointed by the Governor
with the advice and consent of the Senate. The Governor shall give consideration
to recommendations for appointment made by the Joint Legislative Committee on
Children. One member must be appointed from each congressional district of the
State, and three members must be appointed at large for terms of four years and
until successors are appointed and qualify, except members appointed from
even-numbered congressional districts and one at-large member must be initially
appointed for terms of two years only. Vacancies for any reason must be filled
in the manner of the original appointment for the unexpired term. No member
shall serve more than two terms or eight years, whichever is longer.
Three members must be knowledgeable in banking, finance, investments, tax laws,
or business. Three members must be knowledgeable in the organization and
administration of volunteer community services and grant administration. Three
members must be knowledgeable in child development, child health, child
psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the
board not to exceed standards provided by law for boards, committees, and
commissions. A complete report of the activities of the Trust Fund must be made
annually to the General Assembly and the State Auditor.
Section 20-7-5030. To carry out its assigned functions, the board is authorized
but not limited to:
(A) Assess the critical needs of children in cooperation with state agencies,
establish priorities, and develop goals and objectives for the Trust Fund.
(B) Receive gifts, bequests, and devises for deposit and investment into the
Trust Fund and for awarding grants to private nonprofit organizations.
(C) Invest Trust Fund monies.
(D) Solicit proposals for programs which will be aimed at meeting identified
services needs.
(E) Provide technical assistance to private, nonprofit organizations, when
requested, in preparing proposals for submission to the Trust Fund.
(F) Establish criteria for awarding of grants which shall include the
consideration of at least:
(1) The priority of the service need that the proposal addresses.
(2) The quality and soundness of the proposal and its probable effectiveness
in accomplishing its objectives.
(3) A cost-benefit analysis of the project.
(4) The degree of community support for the proposal.
(5) The utilization of local resources including volunteers, when appropriate,
and matching or in-kind contributions which may be, but are not required.
(6) The qualifications of employees to be hired under the grant.
(7) The experience of the proposed project administrators in providing
on-going accountability for the program.
(G) Enter into contracts for the awarding of grants to private nonprofit
organizations.
Section 20-7-5040. The board of trustees may employ a director and other staff
as necessary to carry out the duties and responsibilities assigned by the board.
Section 20-7-5050. Until the amount in the Trust Fund exceeds five million
dollars, not more than one-half of the money deposited in the Trust Fund each
year from contributions plus all earnings from the investment of monies of the
Trust Fund credited during the previous fiscal year, is available for
disbursement upon the authorization of the board of trustees.
When the assets in the Trust Fund exceed five 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. At least six of
the board members shall authorize the disbursement of funds.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section
12-7-2416 must be deposited in the Trust Fund for disbursement as prescribed by
this article."
Contribution may be designated
SECTION 2. Article 21 of Chapter 7 of Title 12 of the 1976 Code is amended by
adding:
"Section 12-7-2416. (A) Each individual taxpayer required to file a
state income tax return who desires to contribute to the Children's Trust Fund
of South Carolina as created by Section 20-7-5010 may designate the contribution
as provided in this section on the appropriate state income tax form. The
contribution may not increase or decrease the income tax liability of any
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
amounts designated, whichever is appropriate.
(B) Each South Carolina individual income tax return form shall contain a
designation in substantially the following form:
Children's Trust Fund of South Carolina
1. Individual returns:
(a) If you are entitled to a refund, check if you wish to designate ( )$1, (
)$3, ( )$5 of, but not to exceed, your tax refund for this program. Your refund
will be reduced by this amount.
(b) If you owe an additional amount, check if you wish to contribute an
additional ( )$1, ( ) $3,( )$5 for this program with your payment and add this
amount to your payment.
Contributions of other amounts may be made directly to the Children's Trust
Fund.
2. Joint returns:
(a) If you are entitled to a refund, check if you wish to designate ( )$1, (
)$3, ( )$5, ( )$10 of, but not to exceed, your tax refund for this program. Your
refund will be reduced by this amount.
(b) If you owe an additional amount, check if you wish to contribute an
additional ( )$1, ( )$3, ( )$5, ( )$10 for this program with your payment and add
this amount to your payment.
Contributions of other amounts may be made directly to the Children's Trust
Fund.
The instructions accompanying the individual income tax form shall contain a
description of the purposes for which the Children's Trust Fund was established
and the use of monies from the income tax contribution.
(C) Taxpayers who are entitled to refunds shall have the refunds reduced by
the amount designated pursuant to subsection (B). The Tax Commission 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 commission shall transfer the total amount to the Children's
Trust Fund at the earliest possible time.
(D) The incremental cost of administration of this contribution must be paid
by the Trust Fund from amounts received pursuant to this section."
Certain groups not required to pay fee
SECTION 3. Section 33-55-50 of the 1976 Code is amended to read:
"Section 33-55-50. Any individual chapter, branch, or affiliate of a
parent organization or a federated fund-raising organization provided for in
Section 33-55-40 which raises money by the sale of merchandise or any other thing
of value for which a reasonable return is received by the purchaser, is not
required to pay the annual registration fee provided for in Section 33-55-40.
The Children's Trust Fund of South Carolina as created by Section 20-7-5010 is
required to register with the Secretary of State but is not required to pay the
annual registration feeprovided for in Section 33-55-40."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |