H 3705 General Bill, By Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, 
Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, 
Mahaffey, Moody-Lawrence, Neilson, M.A. Pitts, Rice, Rivers, Simrill, 
J.R. Smith, W.D. Smith, Snow, Stille, Tripp, Weeks and Hamilton
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED
 DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT
 EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO
 ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR
 NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND
 LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.

   02/26/03  House  Introduced and read first time HJ-117
   02/26/03  House  Referred to Committee on Ways and Means HJ-117
   04/23/03  House  Committee report: Favorable Ways and Means HJ-39
   04/24/03  House  Member(s) request name added as sponsor: Hamilton
   04/24/03  House  Read second time HJ-47
   04/24/03  House  Unanimous consent for third reading on next
                     legislative day HJ-48
   04/25/03  House  Read third time and sent to Senate HJ-4
   04/29/03  Senate Introduced and read first time SJ-37
   04/29/03  Senate Referred to Committee on Finance SJ-37

COMMITTEE REPORT

April 23, 2003

H. 3705

Introduced by Reps. Vaughn, Haskins, Hosey, Bailey, Hayes, Barfield, Cato, Ceips, Davenport, Frye, Herbkersman, J. Hines, Hinson, Koon, Leach, Limehouse, Mahaffey, Moody-Lawrence, Neilson, M.A. Pitts, Rice, Rivers, Simrill, J.R. Smith, W.D. Smith, Snow, Stille, Tripp and Weeks

S. Printed 4/23/03--H.

Read the first time February 26, 2003.

To whom was referred a Bill (H. 3705) to amend the Code of Laws of South Carolina, 1976, by adding Section 12-6-3600 so as to authorize state income tax credits up to five hundred dollars, etc., respectfully

That they have duly and carefully considered the same and recommend that the same do pass:

ROBERT W. HARRELL, JR. for Committee.

REVENUE IMPACT 1/

This bill is expected to reduce general fund individual income tax revenue by an estimated $4,000,000 in FY2004-05, $8,600,000 in FY2005-06, $13,000,000 in FY2005-06, $18,000,000 in FY2006-07, and $23,000,000 every year thereafter.

Explanation

This bill would create State income-tax credits for contributions to "nonprofit scholarship funding organizations" to give grants to students attending public or private schools, provided that such organizations would allocate at least 75% of grants to children eligible for the federal free or reduced lunch program. The bill would phase in these tax credits at $100 the first year, increasing them $100 each year, until reaching $500 in the fifth year.

Arizona has a law similar to this bill. Unlike the proposed bill, Arizona's law provides for a $500 credit for private school donations and $200 credit for public school donations immediately, without a phase-in. During the second year, 1999 - after the law was upheld in a lawsuit - 28 organizations received $13.2 million for private schools and $14 million for public schools. Taxpayers claiming the credit used about 87% of the $500 credit.

To estimate the first-year impact in South Carolina, the total credits taken in Arizona were divided to reflect South Carolina's proposed phase-in amount of $100, then multiplied by: 78% to reflect the ratio of SC to AZ population; 87% to reflect Arizona's utilization of their credit; and 115% to reflect South Carolina's greater dependence upon income tax revenue. Based on these calculations, South Carolinians would take $5.4 and $2.0 million respectively for public and private school credits. The bill, however, requires that 75% of grants go to children eligible to receive free or reduced lunches. When the estimate is adjusted to reflect the free and reduced lunch provision and inflation, the impact would be $4,000,000 in FY 2004-05, $8,600,000 in FY 2004-05, $13,000,000 in FY 2005-06, $18,000,000 in FY 2006-07, and $23,000,000 every year thereafter.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3600 SO AS TO AUTHORIZE STATE INCOME TAX CREDITS UP TO FIVE HUNDRED DOLLARS A YEAR ON A PHASED-IN BASIS FOR CONTRIBUTIONS MADE TO NONPROFIT EDUCATION FOUNDATIONS THAT PROVIDE ACADEMIC ASSISTANCE GRANTS FOR CHILDREN WHO ATTEND PUBLIC OR NONGOVERNMENT SCHOOLS, A MAJORITY OF WHOM MUST QUALIFY FOR NEEDS-BASED ASSISTANCE, TO PROVIDE THE PROCEDURES FOR, AND CONDITIONS AND LIMITATIONS OF, THESE INCOME TAX CREDITS, AND TO DEFINE CERTAIN TERMS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3600.    (A)    The purpose of this section is to:

(1)    provide tax credits for certain contributions to a nonprofit education foundation;

(2)    expand educational opportunities for children of families that have limited financial resources; and

(3)    enable children in this State to achieve a greater level of excellence in their education.

(B)    The purpose of this credit for contributions to school tuition organizations is to provide educational assistance to poor children and to students at schools in the State, whether they attend public or private schools by their own independent private choice. It allows participation of qualified schools, though it covers a higher proportion of average costs at public community and magnet schools than at private schools.

(C)    In enacting this section, the General Assembly recognizes diversity among children and affirms that every child is unique. The General Assembly also affirms that children learn differently from one another and may benefit from expanded educational opportunities.

(D)    It is the intent of the General Assembly that freedom of religion of all citizens is inviolate and that nothing in this section be construed to cause excessive governmental entanglement with the religious instruction of a nongovernment school. With respect to a nongovernment school, nothing in this section gives a governmental agency authority to regulate, control, supervise, or in any way be involved in the:

(1)    form, manner, or content of religious instruction, ministry, teaching, or curriculum offered by the nongovernment school;

(2)    ability of the nongovernment school to select and supervise qualified personnel and otherwise control the terms of employment, including the right to employ individuals who share the religious views of the school;

(3)    internal self-governance and autonomy of the nongovernment school; or

(4)    religious environment of the nongovernment school, such as symbols, art, icons, and scripture.

(E)    As used in this section:

(1)    'Eligible school' means a K-12 public school in this State. It also means a nongovernment funded, managed, and operated primary or secondary school that:

(a)    offers a general education to primary or secondary school students;

(b)    does not discriminate on the basis of race, color, or national origin; and

(c)    is located in this State.

(2)    'Nonprofit education foundation' means a charitable organization that:

(a)    is exempt from federal tax under Section 501(a) of the Internal Revenue Code by being listed as an exempt organization in Section 501(c)(3) of the code;

(b)    allocates, after its first year of operation, a majority of its annual contributions and revenue received to provide academic assistance grants for tuition, transportation, or other academically related expenses including, but not limited to, academic fees, tutoring services, tuition required to attend schools in other districts, special transportation needs, and other types of academic support to children enrolled in an eligible school; provided that if its annual contributions and revenues received in a year exceed three hundred thousand dollars, at least eighty percent of these contributions and revenues must be used to provide such grants;

(c)    allocates at least seventy-five percent of its funds used for grants on an annual basis to children who are eligible for the federal free or reduced lunch program;

(d)    does not provide grants only for the benefit of one school and does not accept donations that designate a specific child or school as the beneficiary; and

(e)    if the Department of Revenue determines that the nonprofit education foundation is providing grants to students attending one school to the exclusion of other schools, the tax credit allowed by this section may be disallowed.

(3)    'Person' means an individual, partnership, corporation, or other similar entity.

(4)    'School tuition organization' means a nonprofit organization in this State that allocates at least ninety percent of its annual revenue for educational scholarships or tuition grants to children to allow them to attend a qualified school of their parents' choice while they are minors, or a qualified school of the student's choice while they are adults. In addition, the nonprofit organization shall qualify as a school tuition organization if it:

(a)    provides educational scholarships or tuition grants to students;

(b)    is organized and operated as a nonprofit corporation or trust under state law; and

(c)    meets the preceding requirements to:

(i)    allocate at least ninety percent of its annual revenue for educational scholarships or tuition grants;

(ii)    provide such scholarships or tuition grants to qualified schools;

(iii)    provide such scholarships or tuition grants to handicapped students as well as to other students who meet its requirements; and

(iv)    provide such scholarships or tuition grants only to schools that do not discriminate on the basis of race, color, handicap, or national origin.

(5)    'Transportation' means transportation to and from school only.

(F)    The tax credits allowed by this section may be applied against a tax imposed by this chapter or against insurance premium taxes or bank license fees.

(G)    A person is entitled to a tax credit under this section for the amount of money up to the limits of this section if the person contributes to a nonprofit education foundation if the contribution is used to provide school or student support of an academic nature not provided by public or other funding sources provided:

(1)    the support does not relate to improvements to or for the purchase of real property;

(2)    students who are eligible for the federal free or reduced lunch program receive directly or indirectly at least seventy-five percent of such support on an annual basis;

(3)    the grant is used to provide tuition, transportation, academic fees, tutoring services, textbook expenses, other academic support, or a combination of them.

(H)    Grants awarded by the nonprofit education foundation to recipients in eligible schools on a needs basis must be determined by using applicable federal forms and procedures to determine the ability of the child and the child's family to contribute to the cost of the child's tuition and expenses. Grants given by the organization must provide at least sixty percent of the remaining eligible expenses after deducting the estimated contribution of the child and the child's family and after considering other tuition assistance available to the family.

(I)    Nonprofit education foundations may not discriminate based on whether a child shall attend a public or nongovernment school.

(J)(1)    The tax credits authorized by this section may not exceed one hundred dollars for calendar year 2004, two hundred dollars for calendar year 2005, three hundred dollars for calendar year 2006, four hundred dollars for calendar year 2007, and five hundred dollars for each year after 2007.

(2)    Taxpayers who elect to file a joint return for a year together are limited to the amounts specified by item (1), and if a husband and wife file separate returns for any year, they each may claim only one-half of the tax credit that would have been allowed for a joint return for the year.

(3)    The tax credits allowed by this section are instead of a State of South Carolina charitable contribution deductions that could have been taken on the applicable return in regard to the contribution.

(4)    The person shall apply for a credit under this section on or with the tax return for the period for which the credit is claimed.

(5)    The Department of Revenue shall prescribe the form and manner of proof required to obtain the credit authorized by this section.

(6)    A person may claim a credit under this section for a contribution during a particular period only against the tax owed for the corresponding period.

(7)    If the allowable tax credit of a taxpayer exceeds the taxes otherwise due or if there are no taxes due, or if a contribution exceeds the allowable tax credit for any year, the excess may be carried forward for a period not exceeding five consecutive years.

(K)    A corporation or entity entitled to a credit under this section may not convey, assign, or transfer the credit authorized by this section to another entity unless all of the assets of the entity are conveyed, assigned, or transferred in the same transaction."

SECTION    2.    This act takes effect upon approval by the Governor and applies to contributions authorized by Section 12-6-3600 made on or after January 1, 2004.