South Carolina General Assembly
115th Session, 2003-2004

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Bill 28

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 12, 2003

S. 28

Introduced by Senators Knotts and Reese

S. Printed 2/12/03--S.

Read the first time January 14, 2003.

            

THE COMMITTEE ON FINANCE

To whom was referred a Bill (S. 28) to amend the Code of Laws of South Carolina, 1976, by adding Section 12-6-5090 so as to provide a designation on the state individual income tax return, etc., respectfully

REPORT:

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

HUGH K. LEATHERMAN, SR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Revenue indicates there will be a minimal fiscal impact on the General Fund of the State, which can be absorbed by the agency at the current level of funding.

Approved By:

Don Addy

Office of State Budget

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT 1/

This bill would have no effect on state or local revenue. Contributions to the "South Carolina Law Enforcement Assistance Program" from the designation on the individual income tax return are an estimated $45,000 annually.

Explanation

This estimate is based on first year contributions to new designations added to the individual income tax return in recent years. This bill would permit a taxpayer to contribute to the South Carolina Law Enforcement Assistance Program (SCLEAP), and would not increase or decrease the income tax liability of the taxpayer. The contributions would be credited to a separate and distinct fund with the State Treasurer and would be used by the State Law Enforcement Division only for the SCLEAP program. Revenues in the fund may be carried forward into succeeding fiscal years and interest earnings on the fund may be credited to the fund. This individual income tax designation would first appear on individual income tax forms filed for taxable year 2003.

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.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-5090 SO AS TO PROVIDE A DESIGNATION ON THE STATE INDIVIDUAL INCOME TAX RETURN ALLOWING A TAXPAYER TO MAKE A CONTRIBUTION TO THE SOUTH CAROLINA LAW ENFORCEMENT ASSISTANCE PROGRAM AND TO PROVIDE FOR THE USE OF THE CONTRIBUTIONS MADE PURSUANT TO THIS DESIGNATION.

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

SECTION    1.    Article 37, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-5090.    (A)    Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Law Enforcement Assistance Program (SCLEAP) 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. These contributions must be credited to a separate fund in the State Treasury styled the South Carolina Law Enforcement Assistance Program Fund and used by the State Law Enforcement Division only for the SCLEAP program as provided in Section 23-3-65. Revenues in the fund carry forward into succeeding fiscal years and earnings of the fund must be credited to it.

(B)    All South Carolina individual income tax return forms must contain a designation for the above contribution. The instructions accompanying the income tax form must contain a description of the purposes for which the SCLEAP Fund is established and the use of the monies from the contributions.

(C)    The department shall determine and report annually to the fund the total amount of contributions designated. The department shall transfer the appropriate amount to the fund at the earliest possible time. The incremental cost of administration of the contribution must be paid out of the contributions before any fund revenues are expended as provided in this section.

(D)    For purposes of this section, the South Carolina Department of Revenue is not subject to provisions of the South Carolina Solicitation of Charitable Funds Act as contained in Chapter 56, Title 33."

SECTION    2.    This act takes effect upon approval by the Governor and first applies for individual income tax returns filed for taxable year 2003.

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