2011-2012 Bill 4971: Food Bank Financing Trust Fund - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 4971 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Brady, Brantley, J.H. Neal, Erickson, H.B. Brown, Spires, Gilliard, Williams, Jefferson, 10 Allen, Sellers, Butler Garrick, Munnerlyn, Atwater, Battle, R.L. Brown, Dillard, Hamilton, Harrison, 11 Hearn, Long, Lowe, Mack, V.S. Moss, Ott, Putnam, Sandifer, Thayer, Whipper, White and Sottile 12 Document Path: l:\council\bills\nbd\12164dg12.docx 13 14 Introduced in the House on March 8, 2012 15 Currently residing in the House Committee on Ways and Means 16 17 Summary: Food Bank Financing Trust Fund 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 3/8/2012 House Introduced and read first time ( House Journalpage 18) 24 3/8/2012 House Referred to Committee on Ways and Means ( House Journalpage 18) 25 3/20/2012 House Member(s) request name added as sponsor: Sottile 26 27 28 VERSIONS OF THIS BILL 29 30 3/8/2012 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 8 TO CHAPTER 5, TITLE 43 SO 13 AS TO ESTABLISH THE SOUTH CAROLINA FOOD BANK 14 FINANCING TRUST FUND TO AID LOCAL SOUTH 15 CAROLINA FOOD BANKS, AND TO SPECIFY THE 16 METHOD BY WHICH THE FUND IS ALLOCATED AND 17 DISTRIBUTED; AND TO AMEND SECTION 1265060, AS 18 AMENDED, RELATING TO AUTHORIZED VOLUNTARY 19 CONTRIBUTIONS ON AN INCOME TAX RETURN, SO AS 20 TO ALLOW CONTRIBUTIONS TO THE SOUTH CAROLINA 21 FOOD BANK FINANCING TRUST FUND. 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Chapter 5, Title 43 of the 1976 Code is amended by 27 adding: 28 29 “Article 8 30 31 South Carolina Food Bank Financing Trust Fund 32 33 Section 4351010. (A) There is created in the State Treasury 34 the South Carolina Food Bank Financing Trust Fund. This fund is 35 separate and distinct from the general fund of the State and all 36 other funds. Earnings and interest on this fund must be credited to 37 it and any balance in this fund at the end of a fiscal year carries 38 forward in the fund in the succeeding fiscal year. 39 (B) Funds must not be expended for any purpose other than to 40 aid local South Carolina Food Banks pursuant to subsection (C). 41 The funds shall be allocated and distributed quarterly.

[4971] 2 1 (C) Any funds donated to the South Carolina Food Bank 2 Financing Trust Fund shall be distributed among its member food 3 banks based on the total population served by each member food 4 bank in the previous fiscal year. 5 (D) For purposes of this section, ‘food bank’ means: 6 (1) a charitable food distribution center, providing 7 emergency feeding programs to families and individuals at risk of 8 hunger within South Carolina that is a member in good standing of 9 Feeding America; or 10 (2) a charitable food distribution center, providing 11 emergency feeding programs to families and individuals at risk of 12 hunger within South Carolina that is a member in good standing 13 with the South Carolina Food Bank Association.” 14 15 SECTION 2. A.Section 1265060(A) of the 1976 Code, as last 16 amended by Act 274 of 2010, is further amended to read: 17 18 “(A) Each taxpayer required to file a state individual income tax 19 return may contribute to the War Between the States Heritage 20 Trust Fund established pursuant to Section 5118115, the Nongame 21 Wildlife and Natural Areas Program Fund established pursuant to 22 Section 501280, the Children’s Trust Fund of South Carolina 23 established pursuant to Section 6311910, the Eldercare Trust Fund 24 of South Carolina established pursuant to Section 4321160, or the 25 First Steps to School Readiness Fund established pursuant to 26 Section 63111750, the South Carolina Military Family Relief Fund 27 established pursuant to Article 3, Chapter 11, Title 25, the Donate 28 Life South Carolina established pursuant to Section 44431310, the 29 Veterans’ Trust Fund of South Carolina established pursuant to 30 Chapter 21 of, Title 25, the South Carolina Litter Control 31 Enforcement Program (SCLCEP) and used by the Governor’s Task 32 Force on Litter only for the SCLCEP Program, the South Carolina 33 Law Enforcement Assistance Program (SCLEAP) and used as 34 provided in Section 23365, the South Carolina Department of 35 Parks, Recreation and Tourism for use in the South Carolina State 36 Park Service in the manner the General Assembly provides, the 37 South Carolina Forestry Commission for use in the state forest 38 system, the South Carolina Department of Natural Resources for 39 use in its programs and operations, K12 public education for use in 40 the manner the General Assembly provides by law, South Carolina 41 Conservation Bank Trust Fund established pursuant to Section 42 485960, the South Carolina Food Bank Financing Trust Fund 43 established pursuant to Section 4351010, or the Financial Literacy

[4971] 3 1 Trust Fund as established pursuant to Section 5929510, by 2 designating the contribution on the return. The contribution may 3 be made by reducing the income tax refund or by remitting 4 additional payment by the amount designated.” 5 6 B. In addition to the requirements of Section 1265060(B), the 7 Department of Revenue shall amend Form I-330 to add the South 8 Carolina Food Bank Financing Trust as an additional, optional 9 organization for Contributions for Check-offs. 10 11 C.This SECTION applies to tax years beginning after 2011. 12 13 SECTION 3. Except as otherwise provided, this act takes effect 14 upon approval by the Governor. 15 XX 16

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