Current Status Bill Number:3364 Ratification Number:143 Act Number:90 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950125 Primary Sponsor:Tucker All Sponsors:Tucker, P. Harris, McAbee and Carnell Drafted Document Number:JIC\5271HTC.95 Date Bill Passed both Bodies:19950531 Date of Last Amendment:19950531 Governor's Action:S Date of Governor's Action:19950607 Subject:Veterans' Trust Fund
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950607 Act No. A90
------ 19950607 Signed by Governor
------ 19950606 Ratified R143
House 19950531 Concurred in Senate amendment,
enrolled for ratification
Senate 19950531 Amended, read third time,
returned to House with amendment
Senate 19950529 Amended, read second time
Senate 19950529 Committee amendment adopted
Senate 19950523 Committee report: Favorable with 08 SG
amendment
Senate 19950425 Introduced, read first time, 08 SG
referred to Committee
House 19950421 Read third time, sent to Senate
House 19950420 Unanimous consent for third
reading on the next Legislative day
House 19950420 Amended, read second time
House 19950412 Committee report: Favorable with 30 HWM
amendment
House 19950125 Introduced, read first time, 30 HWM
referred to Committee
View additional legislative information at the LPITS web site.
(A90, R143, H3364)
AN ACT 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; 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; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-51-55 SO AS TO REQUIRE A MINIMUM BID AT A TAX SALE EQUAL TO UNPAID TAXES, PENALTIES, COSTS, AND CURRENT TAXES AND PROVIDE FOR THE APPLICATION OF THE AMOUNT ADDED FOR CURRENT TAXES IF THE PROPERTY IS NOT REDEEMED.
Be it enacted by the General Assembly of the State of South Carolina:
Fund established
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. The board shall serve as an advisory committee to the Veterans' Affairs Division and utilize the staff of the Veterans' Affairs Division in order to carry out its duties as provided in Section 25-21-30. 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 at the pleasure of the Governor and may be removed by the Governor at any time. No member may serve more than eight continuous years.
Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions 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. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board.
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) make recommendations to the Veterans' Affairs Division as to how the monies in the fund must be disbursed;
(3) accept gifts, grants, and bequests from any person, entity, or foundation, either public or private;
(4) accept appropriations, loans, or grants from any governmental or quasigovernmental source;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) solicit proposals for programs aimed at meeting identified needs;
(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 one 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 is available for disbursement upon authorization of the Veterans' Affairs Division.
When assets in the trust fund exceed one 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 Veterans' Affairs Division.
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."
Checkoff
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."
Bid required
SECTION 3. Chapter 51 of Title 12 of the 1976 Code is amended by adding:
"Section 12-51-55. The officer charged with the duty to sell real property and mobile or manufactured housing for nonpayment of ad valorem property taxes shall submit a bid on behalf of the forfeited land commission equal to the amount of all unpaid property taxes, penalties, and costs including taxes levied for the year in which the redemption period begins. If the property is not redeemed, the excess above the amount of taxes, penalties, and costs for the year in which the property was sold must first be applied to the taxes becoming due during the redemption period."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 7th day of June, 1995.