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.)

AMENDED

May 20, 2003

S. 28

Introduced by Senators Knotts and Reese

S. Printed 5/20/03--H.    [SEC 5/21/03 5:46 PM]

Read the first time February 20, 2003.

            

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.

Amend Title To Conform

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

SECTION    1.A.     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."

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

"Section 12-6-5085.    (A)    Each taxpayer required to file a state individual income tax return may contribute to the South Carolina Litter Control Enforcement Program (SCLCEP) 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 Litter Control Enforcement Program Fund and used by the Governor's Task Force on Litter only for the SCLCEP program. 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 SCLCEP 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."

C.    This section takes effect upon approval of this act by the Governor and first applies for individual income tax returns filed for taxable year 2003.

SECTION    2.    Section 8-17-370 of the 1976 Code, as last amended by Act 356 of 2002, is further amended by adding a new item appropriately numbered to read:

"( )    employees of the Offices of the Lieutenant Governor, Secretary of State, State Treasurer, Attorney General, Comptroller General, Superintendent of Education, Adjutant General, and the Commissioner of Agriculture are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to a constitutional officer or report directly to a person who reports directly to a constitutional officer. Additionally, management employees of the Department of Alcohol and Other Drug Abuse Services, the Department of Commerce, the Department of Corrections, the Department of Health and Human Services, the Department of Insurance, the Department of Juvenile Justice, the Department of Labor, Licensing and Regulation, the Department of Parks, Recreation and Tourism, the Department of Probation, Parole and Pardon Services, the Department of Revenue, the Department of Social Services, the State Law Enforcement Division, and the Department of Public Safety are exempt from the provisions of Article 5, Chapter 17, Title 8 if those employees report directly to the agency head or report directly to a person who reports directly to the agency head."

SECTION    3.    Chapter 21 of Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2725.    Beginning July 1, 2003, the Department of Revenue is authorized to assess an additional fee of fifty dollars on each Class Two coin operated machine license authorized in Section 12-21-2720. The funds shall be collected by the Department of Revenue and sent to the State Law Enforcement Division to offset the cost of video gaming enforcement. The State Law Enforcement Division is authorized to retain, expend, and carry forward these funds."

SECTION    4.    Except as otherwise provided in this act, this act takes effect upon approval by the Governor.

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