South Carolina General Assembly
115th Session, 2003-2004

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Bill 390

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 5, 2004

S. 390

Introduced by Senator Hayes

S. Printed 2/5/04--S.    [SEC 2/6/04 12:59 PM]

Read the first time February 19, 2003.

            

A BILL

TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF CHILDREN'S TRUST FUND, SO AS TO ALLOW THE FUND'S BOARD TO AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; SECTION 20-7-5030, RELATING TO THE POWERS AND DUTIES OF THE FUND'S BOARD OF TRUSTEES, SO AS TO ALLOW THE FUND'S BOARD TO ASSESS NEEDS, SOLICIT PROPOSALS, AND AWARD GRANTS TO PROGRAMS THAT ENHANCE OR PROMOTE THE ADOPTION OF SPECIAL NEEDS CHILDREN IN STATE CUSTODY; AND SECTION 20-7-5050, RELATING TO THE LIMITATION ON THE AMOUNT OF CHILDREN'S TRUST FUND REVENUES WHICH MAY BE DISBURSED, SO AS TO REMOVE THIS LIMITATION.

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

SECTION    1.    Section 20-7-5010 of the 1976 Code is amended to read:

"Section 20-7-5010.    (A)    There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be used to award grants to private nonprofit organizations in order to shall stimulate a broad range of innovative:

(1)    child abuse and neglect prevention programs to meet critical needs of South Carolina's children; or

(2)    programs that enhance or promote the adoption of special needs children in state custody through the awarding of grants to private nonprofit organizations.

(B)    The trust fund shall must accept gifts, bequests, and grants from any person or foundation. The trust fund shall must supplement and augment but not take the place of services provided by state agencies. No A state agency is eligible to receive funds under this article only when the state agency:

(1)    proposes a program that meets grant qualifications under this article, and

(2)    provides matching funds in an amount at least equal to the grant to maximize the effectiveness of the grant.

(C)    The board of trustees for the trust fund shall carry out activities necessary to administer the fund including assessing service needs and gaps, soliciting proposals to address identified service needs, and establishing criteria for the awarding of grants."

SECTION    2.    Section 20-7-5030 of the 1976 Code is amended to read:

"Section 20-7-5030.    To carry out its assigned functions, the board is authorized but not limited to:

(A)    assess the critical needs for:

(1)    child abuse and neglect prevention needs of children, and

(2)    special needs children in state custody whose plan is adoption, and in cooperation with state agencies, establish priorities, and develop goals and objectives for the trust fund;

(B)    receive gifts, bequests, and devises for deposit and investment into the trust fund and for awarding to award grants to private nonprofit organizations and state agencies that meet certain qualifications;

(C)    invest trust fund monies;

(D)    solicit proposals for programs which will be aimed at meeting identified child abuse and neglect prevention needs or assisting in the adoption of special needs children in state custody;

(E)    provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the trust fund;

(F)    establish criteria for awarding of grants for child abuse and neglect prevention or to assist in the adoption of special needs children in state custody which shall include the consideration of at least:

(1)    the priority of the service need that the proposal addresses;

(2)    the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;

(3)    a cost-benefit analysis of the project;

(4)    the degree of community support for the proposal;

(5)    the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;

(6)    the qualifications of employees to be hired under the grant;

(7)    the experience of the proposed project administrators in providing on-going accountability for the program.

(G)    enter into contracts for the awarding of grants to private, nonprofit organizations for child abuse and neglect prevention or to assist in the adoption of special needs children in state custody."

SECTION    3.    Section 20-7-5050 of the 1976 Code is amended to read:

"Section 20-7-5050.    Until the assets of the Trust Fund exceed five million dollars, not more than seventy-five percent of the The amount deposited in the trust fund each year from contributions plus all earnings from the investment of monies of the trust fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon the authorization of the board of trustees.

When the assets in the Trust Fund exceed five 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 board. At least six of the board members shall must authorize the disbursement of funds."

SECTION    4.    This act takes effect upon approval by the Governor.

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