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Indicates Matter Stricken
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Sponsors: Senator Knotts
Document Path: l:\council\bills\bbm\10183htc08.doc
Introduced in the Senate on January 8, 2008
Introduced in the House on March 5, 2008
Currently residing in the House Committee on Ways and Means
Summary: Volunteer state constables
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/5/2007 Senate Prefiled 12/5/2007 Senate Referred to Committee on Finance 1/8/2008 Senate Introduced and read first time SJ-40 1/8/2008 Senate Referred to Committee on Finance SJ-40 2/27/2008 Senate Committee report: Favorable Finance SJ-8 2/28/2008 Senate Read second time SJ-4 3/5/2008 Senate Read third time and sent to House SJ-21 3/5/2008 House Introduced and read first time HJ-100 3/5/2008 House Referred to Committee on Ways and Means HJ-101
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
February 27, 2008
S. Printed 2/27/08--S.
Read the first time January 8, 2008.
To whom was referred a Bill (S. 874) to amend Section 12-6-1140, as amended, Code of Laws of South Carolina, 1976, relating to deductions allowed from South Carolina taxable income of an individual, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
HUGH K. LEATHERMAN, SR. for Committee.
TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLARS A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS ADVANCED STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-6-1140(10) of the 1976 Code, as last amended by Act 116 of 2007, is further amended to read:
"(10)(a) a deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, Department of Natural Resources deputy enforcement officer,
or member of the State Guard, or a volunteer state constable appointed pursuant to Section 23-1-60 for the purpose of assisting named law enforcement agencies and who has been designated by the State Law Enforcement Division as an advanced state constable not otherwise eligible for this exemption.
(b) An individual may receive only one deduction pursuant to this item. The Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars.
(c)(i) Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction unless otherwise provided in this item.
(ii) In the case of a reserve police officer and instead of minimum points determining eligibility, this deduction is allowed only if the reserve police officer's coordinator-supervisor certifies in writing to the officer that the officer met all requirements of Chapter 28, Title 23 applicable to a reserve police officer for the entire taxable year.
(iii) In the case of a Department of Natural Resources deputy enforcement officer and instead of minimum points determining eligibility, this deduction is allowed only if the deputy enforcement officer's supervisor certifies in writing to the officer that the officer met all requirements of Section 50-3-315 for the entire taxable year.
(iv) In the case of a member of the State Guard and instead of minimum points determining eligibility, this deduction is allowed only if the State Guard member completes a minimum of sixteen hours of training or drill each month, equating to one hundred ninety-two hours a year, and the member's commanding officer certifies in writing to the member that the member met these requirements.
(v) In the case of a volunteer advanced state constable and in lieu of minimum points determining eligibility, this deduction is allowed only if the volunteer state constable has been designated by the State Law Enforcement Division as an advanced state constable before the taxable year for which the deduction is first claimed and if the volunteer advanced state constable is current with the required SLED approved annual training for advanced constables for the most recently completed fiscal year as evidenced by a copy of the documentation provided SLED of this annual training filed with the volunteer advanced state constable's state income tax return.
(d) These certifications from supervisors of taxpayers claiming the deduction must be on a form approved by the department. The department may require a copy of the certification be attached to the taxpayer's income tax return or otherwise be made available to the department."
SECTION 2. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2007.
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