South Carolina General Assembly
105th Session, 1983-1984

Bill 3286


                    Current Status

Bill Number:               3286
Ratification Number:       386
Act Number:                347
Introducing Body:          House
Subject:                   Relating to the South Carolina Children's
                           Code, by adding Article 17
View additional legislative information at the LPITS web site.


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

(A347, R386, H3286)

AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA CHILDREN'S CODE, BY ADDING ARTICLE 17 SO AS TO ESTABLISH THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, CREATE THE BOARD OF TRUSTEES FOR THE TRUST FUND, AND PROVIDE FOR THE BOARD'S POWERS, EMPLOYMENT OF A DIRECTOR AND STAFF OF THE BOARD, DISBURSEMENT OF THE TRUST FUND, AND DEPOSIT OF CONTRIBUTIONS FROM INCOME TAX FORMS IN THE TRUST FUND; TO AMEND ARTICLE 21 OF CHAPTER 7 OF TITLE 12, RELATING TO PAYMENT, COLLECTION, AND USE OF TAXES, BY ADDING SECTION 12-7-2416 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE CHILDREN'S TRUST FUND; AND TO AMEND SECTION 33-55-50, RELATING TO EXEMPTIONS OF CHARITABLE ORGANIZATIONS FROM THE FEE FOR REGISTRATION WITH THE SECRETARY OF STATE, SO AS TO INCLUDE THE CHILDREN'S TRUST FUND IN THE EXEMPTION.

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

Children's Trust Fund established

SECTION 1. Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"ARTICLE 17

SOUTH CAROLINA CHILDREN'S TRUST FUND

Section 20-7-5010. There is established the Children's Trust Fund of South Carolina, an eleemosynary corporation, the resources of which shall stimulate innovative prevention and treatment programming to meet critical needs of South Carolina's children through the awarding of grants to private nonprofit organizations. The Trust Fund shall accept gifts, bequests, and grants from any person or foundation. The Trust Fund shall supplement and augment, not take the place of, services provided by state agencies, and the Trust Fund is not authorized to receive federal funds. No state agency is eligible to receive funds under this article. 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 20-7-5020. There is created the Board of Trustees for the Children's Trust Fund of South Carolina composed of nine members appointed by the Governor with the advice and consent of the Senate. 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 members must be appointed at large 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 standards provided by law for boards, committees, and commissions. A complete report of the activities of the Trust Fund must be made annually to the General Assembly and the State Auditor.

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

(A) Assess the critical needs of children 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 grants to private nonprofit organizations.

(C) Invest Trust Fund monies.

(D) Solicit proposals for programs which will be aimed at meeting identified services needs.

(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 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.

Section 20-7-5040. The board of trustees may employ a director and other staff as necessary to carry out the duties and responsibilities assigned by the board.

Section 20-7-5050. Until the amount in the Trust Fund exceeds five million dollars, not more than one-half of the money 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, 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 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."

Contribution may be designated

SECTION 2. Article 21 of Chapter 7 of Title 12 of the 1976 Code is amended by adding:

"Section 12-7-2416. (A) Each individual taxpayer required to file a state income tax return who desires to contribute to the Children's Trust Fund of South Carolina as created by Section 20-7-5010 may designate the contribution as provided in this section on the appropriate state income tax form. The contribution may not increase or decrease the income tax liability of any taxpayer and may be made by reducing the income tax refunds of the taxpayer by the amount designated or by accepting additional payment from the taxpayer by the amounts designated, whichever is appropriate.

(B) Each South Carolina individual income tax return form shall contain a designation in substantially the following form:

Children's Trust Fund of South Carolina

1. Individual returns:

(a) If you are entitled to a refund, check if you wish to designate ( )$1, ( )$3, ( )$5 of, but not to exceed, your tax refund for this program. Your refund will be reduced by this amount.

(b) If you owe an additional amount, check if you wish to contribute an additional ( )$1, ( ) $3,( )$5 for this program with your payment and add this amount to your payment.

Contributions of other amounts may be made directly to the Children's Trust Fund.

2. Joint returns:

(a) If you are entitled to a refund, check if you wish to designate ( )$1, ( )$3, ( )$5, ( )$10 of, but not to exceed, your tax refund for this program. Your refund will be reduced by this amount.

(b) If you owe an additional amount, check if you wish to contribute an additional ( )$1, ( )$3, ( )$5, ( )$10 for this program with your payment and add this amount to your payment.

Contributions of other amounts may be made directly to the Children's Trust Fund.

The instructions accompanying the individual income tax form shall contain a description of the purposes for which the Children's Trust Fund was established and the use of monies from the income tax contribution.

(C) Taxpayers who are entitled to refunds shall have the refunds reduced by the amount designated pursuant to subsection (B). The Tax Commission shall determine annually the total amount so designated, plus the amount received in excess payments so designated and shall report the total amount to the State Treasurer. The commission shall transfer the total amount to the Children's Trust Fund at the earliest possible time.

(D) The incremental cost of administration of this contribution must be paid by the Trust Fund from amounts received pursuant to this section."

Certain groups not required to pay fee

SECTION 3. Section 33-55-50 of the 1976 Code is amended to read:

"Section 33-55-50. Any individual chapter, branch, or affiliate of a parent organization or a federated fund-raising organization provided for in Section 33-55-40 which raises money by the sale of merchandise or any other thing of value for which a reasonable return is received by the purchaser, is not required to pay the annual registration fee provided for in Section 33-55-40.

The Children's Trust Fund of South Carolina as created by Section 20-7-5010 is required to register with the Secretary of State but is not required to pay the annual registration feeprovided for in Section 33-55-40."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.