South Carolina General Assembly
109th Session, 1991-1992

Bill 4105


                    Current Status

Introducing Body:               House
Bill Number:                    4105
Ratification Number:            446
Act Number:                     385
Primary Sponsor:                P. Harris
Type of Legislation:            GB
Subject:                        Self-Sufficiency Trust and
                                Disability Funds
Companion Bill Number:          1103
Date Bill Passed both Bodies:   Apr 29, 1992
Computer Document Number:       BR1/1938.AC
Governor's Action:              S
Date of Governor's Action:      May 19, 1992
Introduced Date:                Jan 14, 1992
Date of Last Amendment:         Apr 21, 1992
Last History Body:              ------
Last History Date:              May 19, 1992
Last History Type:              Act No. 385
Scope of Legislation:           Statewide
All Sponsors:                   P. Harris
                                Carnell
                                J. Harris
                                Mattos
Type of Legislation:            General Bill

History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4105  ------  May 19, 1992  Act No. 385
 4105  ------  May 19, 1992  Signed by Governor
 4105  ------  May 13, 1992  Ratified R 446
 4105  Senate  Apr 29, 1992  Read third time, enrolled for
                             ratification
 4105  Senate  Apr 28, 1992  Read second time
 4105  Senate  Apr 23, 1992  Introduced, read first time,
                             placed on Calendar without
                             reference
 4105  House   Apr 22, 1992  Read third time, sent to
                             Senate
 4105  House   Apr 21, 1992  Amended, read second time
 4105  House   Apr 01, 1992  Committee Report: Favorable     30
                             with amendment
 4105  House   Jan 14, 1992  Introduced, read first time,    30
                             referred to Committee

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

(A385, R446, H4105)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 44 SO AS TO ESTABLISH THE SELF-SUFFICIENCY TRUST FUND AND THE DISABILITY FUND TO PROVIDE FUNDS TO AID DEVELOPMENTALLY DISABLED, MENTALLY ILL, AND PHYSICALLY HANDICAPPED PERSONS.

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

Self-Sufficiency Trust Fund; Disability Trust Fund; purpose; operational procedures

SECTION 1. The 1976 Code is amended by adding:

"Article 1

Self-Sufficiency Trust Fund

Section 44-28-10. There is established the Self-Sufficiency Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Self-Sufficiency Trust Fund is to provide a life-care planning option to meet the supplemental service needs of individuals with disabilities in order to enable parents and families to plan a more secure future for their disabled dependents without fear of loss of benefits or invasion of trust principal.

Section 44-28-20. For the purpose of this chapter `a self-sufficiency trust' means a trust created by a nonprofit corporation exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and organized for purposes of providing care or treatment of one or more developmentally disabled, mentally ill, or physically handicapped persons eligible for services of the South Carolina Department of Mental Retardation, State Department of Mental Health, or the State Agency of Vocational Rehabilitation.

Section 44-28-30. (A) The State Treasurer is the custodian of the Self-Sufficiency Trust Fund and pursuant to an agreement with the trustee of a self-sufficiency trust may accept money from a self-sufficiency trust in the name of a beneficiary for deposit in the Self-Sufficiency Trust Fund. The treasurer shall maintain a separate account in the Self-Sufficiency Trust Fund for each named beneficiary and shall promptly credit the account of a beneficiary with money received from a self-sufficiency trust on behalf of that beneficiary.

(B) The agreement, naming one or more beneficiaries residing in this State who are developmentally disabled, mentally ill, or physically handicapped, must specify the supplemental care or treatment to be provided for each named beneficiary with the money deposited in the Self-Sufficiency Trust Fund.

Section 44-28-40. (A) The South Carolina Department of Mental Retardation, State Department of Mental Health, or the State Agency of Vocational Rehabilitation must provide care or treatment for a beneficiary from monies available from the beneficiary's account maintained in the Self-Sufficiency Trust Fund.

(B) Upon proper certification by the South Carolina Department of Mental Retardation, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation, the State Treasurer shall process vouchers from the Self-Sufficiency Trust Fund accounts for services provided pursuant to this section.

Section 44-28-50. The receipt by a beneficiary of money from the Self-Sufficiency Trust Fund or of supplemental care or treatment provided with money from the fund may in no way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.

Section 44-28-60. If the State Treasurer after consultation with the South Carolina Department of Mental Retardation, the State Department of Mental Health, or the State Agency of Vocational Rehabilitation determines that the money in the account of a named beneficiary cannot be used for supplemental care or treatment of the beneficiary in a manner consistent with the agreement or upon request of the trustee of the self-sufficiency trust, the remaining money in the account and any accumulated interest promptly must be returned to the self-sufficiency trust which deposited the money in the Self-Sufficiency Trust Fund.

Section 44-28-70. The State Treasurer shall credit interest earned on the Self-Sufficiency Trust Fund to the fund and shall allocate the interest pro rata to the accounts of the named beneficiaries of the fund.

Section 44-28-80. The South Carolina Department of Mental Retardation, the State Department of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Self-Sufficiency Trust Fund.

Article 3

Disability Trust Fund

Section 44-28-310. There is established the Disability Trust Fund, separate and distinct from the general fund, in the State Treasury. The purpose of the Disability Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.

Section 44-28-320. The State Treasurer may accept for deposit in the Disability Trust Fund:

(1) monies left to the Disability Trust Fund by donors of a self-sufficiency trust defined in Article 1 of this chapter at the death of the disabled beneficiary; and

(2) bequests and contributions from private donors, corporations, or foundations.

Section 44-28-330. Monies in the Disability Trust Fund must be expended solely to provide supplemental services to meet the need for care or treatment for low income or indigent individuals with developmental disabilities, mental illness, or physical handicaps.

Section 44-28-340. The State Treasurer shall credit earned interest on the Disability Trust Fund to the fund.

Section 44-28-350. The receipt by a beneficiary of money from the trust fund or of supplemental care or treatment provided with money from the trust fund does not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.

Section 44-28-360. The South Carolina Department of Mental Retardation, State Department of Mental Health, or State Agency of Vocational Rehabilitation must provide care or treatment for the beneficiary from monies available from the Disability Trust Fund. These agencies are responsible only for the beneficiaries that meet their individual eligibility criteria.

Section 44-28-370. The South Carolina Department of Mental Retardation, the State Department of Mental Health, and the State Agency of Vocational Rehabilitation shall promulgate regulations necessary for the implementation and administration of the Disability Trust Fund."

Time effective

SECTION 2. This act takes effect six months after approval by the Governor.

Approved the 19th day of May, 1992.