South Carolina General Assembly
115th Session, 2003-2004

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Bill 3641

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 27, 2003

H. 3641

Introduced by Rep. J.R. Smith

S. Printed 5/27/03--S.    [SEC 5/28/03 2:54 PM]

Read the first time April 15, 2003.

            

THE COMMITTEE ON BANKING AND INSURANCE

To whom was referred a Bill (H. 3641) to amend the Code of Laws of South Carolina, 1976, by adding Section 34-43-60 so as to provide that the provisions of the South Carolina Community Economic Development Act, etc., respectfully

REPORT:

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

DAVID L. THOMAS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1/

This bill, as amended, is not expected to impact the state general or other fund revenue in FY2003-04.

Explanation of Amendment (April 9, 2003)-By the House Ways and Means Committee

This amendment makes a technical change to the original bill by extending the sunset date of the "South Carolina Community Development Act of 2000" by five years to "June 30, 2010". This bill, as amended, is not expected to impact the state general or other fund revenue in FY2003-04 or in subsequent years.

Explanation

This bill would extend the sunset date of "The South Carolina Community Development Act of 2000" to five years after "the receipt of grants and loans budgeted by the South Carolina General Assembly... and after at least five million dollars in tax credits [have been] granted." Under current law, this act is set to expire on June 30, 2005. According to South Carolina Department of Commerce (DOC) officials, this act was designed to fund activities of Community Development Organizations (CDC's) and Community Development Financial Institutions (CDFI's) created to facilitate economic revitalization in low-income communities. Under this act, DOC can fund CDC's and CDFI's through general fund appropriations, private contributions and other sources of revenue. Lifetime funds distributable under this act by DOC to all CDC's and CDFI's cannot exceed $5 million. According to DOC officials, no funds have been distributed by DOC to CDC's or CDFI's since the program was created three years ago. Under current law, taxpayers may also claim a thirty-three percent credit against income, bank, or insurance tax liability for each dollar invested in a CDC or CDFI capped at $5 million for all taxpayers and all taxable years. According to DOC officials, private investors have claimed approximately $60,000 of the $5 million in state community development tax credits available under current law. Because this bill does not allocate General Fund or other revenue to DOC for distribution to CDC's and CDFI's and does not change the $5 million lifetime credit amount already accounted for under current law, the BEA does not expect extending the current sunset provision of the South Carolina Community Development Act beyond 2005 to impact state general or other fund revenue in FY2003-04 or in subsequent years.

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 34-43-60 SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT MUST TERMINATE AFTER THE FIFTH YEAR OF GRANTS AND LOANS ARE RECEIVED AND AT LEAST FIVE MILLION DOLLARS IN TAX CREDITS ARE USED; AND TO REPEAL SECTION 4 OF ACT 314 OF 2000, RELATING TO SUNSET PROVISIONS FOR THE ACT.

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

SECTION    1.    Section 4 of Act 314 of 2000 is amended to read:

"SECTION    4.    Unless reauthorized by the General Assembly, the provisions of this chapter shall terminate on June 30, 2005 2010, and this chapter and all other laws and regulations governing, authorizing, and otherwise dealing with community development corporations and community development financial institutions are deemed repealed on that date."

SECTION    2.    This act takes effect upon approval by the Governor.

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