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COMMITTEE REPORT
March 12, 2008
S. 1058
Introduced by Senators Hayes, Courson, Lourie, Short, Sheheen and Ceips
S. Printed 3/12/08--S.
Read the first time January 31, 2008.
To whom was referred a Bill (S. 1058) to amend Article 17, Chapter 7, Title 20, as amended, Code of Laws of South Carolina, 1976, relating to the establishment of the South Carolina Children's Trust Fund, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
Since funding for the fund is not authorized in the annual appropriation act as passed by the General Assembly, there will be no impact on the General Fund of the State or on federal and/or other funds. Any costs related to the increase in the number of directors will be paid from the organization's revenue sources such as donations/contributions, federal grants and earnings on investments.
Approved By:
Harry Bell
Office of State Budget
TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA CHILDREN'S TRUST FUND, SO AS TO ELIMINATE DUPLICATIVE DUTIES OF THE ORGANIZATION AND REVISE ITS GOVERNANCE BY RECONSTITUTING THE BOARD OF TRUSTEES AS A BOARD OF DIRECTORS CONSISTING OF SEVENTEEN MEMBERS, INCLUDING ELEVEN AT-LARGE MEMBERS APPOINTED BY THE GOVERNOR FROM NOMINEES MADE BY THE CURRENT BOARD MEMBERS PLUS ONE MEMBER FROM EACH OF THE STATE'S CONGRESSIONAL DISTRICTS, AND TO DELETE VARIOUS QUALIFICATIONS FOR SERVICE ON THE BOARD OF DIRECTORS AND TERM LIMITS ON SERVICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 17, Chapter 7, Title 20 of the 1976 Code, as last amended by Act 164 of 2005, is further 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 and qualified state agencies in order to 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.
(B) The trust fund must accept gifts, bequests, and grants from any person or foundation. The trust fund must supplement and augment but not take the place of services provided by state agencies. 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 trusteesdirectors 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 20-7-5020. There is created the Board of TrusteesDirectors for the Children's Trust Fund of South Carolina composed of nineseventeen members appointed by the Governor with the advice and consent of the Senate, eleven at large from the State from nominees of the board of directors of the Children's Trust Fund, plus one from each of the state's congressional districts. The Appointments of members representing congressional districts are subject to the advice and consent of the Senate. In making these congressional district appointments, the Governor shall give consideration to recommendations for appointment made by the Joint Legislative Committee on Children. One member must be appointed from each congressional district of the State, and three membersMembers must be appointed at largeshall serve for terms of four years and until successors are appointed and qualify, except members appointed from even-numbered congressional districts and one at-large member must be initially appointed for terms of two years only. Vacancies for any reason must be filled in the manner of the original appointment for the unexpired term. No member shall serve more than two terms or eight years, whichever is longer.
Three members must be knowledgeable in banking, finance, investments, tax laws, or business. Three members must be knowledgeable in the organization and administration of volunteer community services and grant administration. Three members must be knowledgeable in child development, child health, child psychology, education, juvenile delinquency, or other related field.
Members may be paid per diem, mileage, and subsistence as established by the board not to exceed standardsthe amounts provided by law for state boards, committees, and commissions. A complete report of the activities of the Trust Fund must be made annually to the General Assembly.
Section 20-7-1530. To carry out its assigned functions, the board is authorized, but not limited to:
(A)(1) assess the critical needs for:
(1) child abuse and neglect prevention, 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)(2) receive gifts, bequests, and devises for deposit and investment into the trust fund and to award grants to private nonprofit organizations and state agencies that meet certain qualifications;
(C)(3) invest trust fund monies;
(D)(4) 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)(5) provide technical assistance to private, nonprofit organizations, when requested, in preparing proposals for submission to the trust fund;
(F)(6) 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)(a) the priority of the service need that the proposal addresses;
(2)(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(3)(c) a cost-benefit analysis of the project;
(4)(d) the degree of community support for the proposal;
(5)(e) the utilization of local resources including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not required;
(6)(f) the qualifications of employees to be hired under the grant;
(7)(g) the experience of the proposed project administrators in providing on- going accountability for the program.;
(G)(7) 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 20-7-5040. The board of trusteesdirectors may employ a director and other staff as necessary to carry out the duties and responsibilities assigned by the board.
Section 20-7-5050. The amount deposited in the trust fund 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 trusteesdirectors.
At least sixA quorum of the board members mustis necessary to authorize the disbursement of funds.
Section 20-7-5060. Funds from the receipt of contributions pursuant to Section 12-7-2416 must be deposited in the Trust Fund for disbursement as prescribed by this article."
SECTION 2. The members of the governing board of the South Carolina Children's Trust Fund serving on the effective date of this act shall continue to serve until the expirations of their terms, after which their successors must be appointed pursuant to Section 20-7-5020 of the 1976 Code, as amended by this act. In appointing the eight additional at-large directors provided pursuant to this act, four must be appointed for initial terms of two years and until their successors are appointed and qualify. The Governor shall note the terms on the appointment.
SECTION 3. This act takes effect upon approval by the Governor.
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