View Amendment Current Amendment: FIN to Bill 32

The Committee on Finance proposes the following amendment (LC-32.DG0001S):

Amend the bill, as and if amended, SECTION 2, by striking Section 12-6-3383(A)(2)(a)(i) and inserting:

   (i) an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code and is a pregnancy resource center or, crisis pregnancy center, maternity home, or residential program for human trafficking victims. To be considered an "eligible charitable organization," a pregnancy resource center or crisis pregnancy center the organization must:
    (A) certify that no more than twenty percent of the contributions received under this section will be spent on administrative purposes; and
    (B) file the organization's publicly available Internal Revenue Service filings with the Secretary of State annually; and

Amend the bill further, SECTION 2, by striking Section 12-6-3383(B)(1) and inserting:

 (B)(1) A taxpayer who makes voluntary cash contributions during the taxable year to an eligible charitable organization is eligible for a nonrefundable tax credit not to exceed fifty percent of his total tax liability for the taxes imposed by this chapter.

Amend the bill further, SECTION 2, by striking Section 12-6-3383(D) and inserting:

 (D) An Each year, an eligible charitable organization shall provide the department with a written certification that it meets all criteria to be considered an eligible charitable organization. The organization shall also notify the department of any changes that may affect eligibility under this section. In order to be recertified, the eligible charitable organization must provide the department with the number and total amount of voluntary cash contributions in the previous tax year as well as a copy of a compilation, review, or compliance audit of the organization's financial statements relating to the grants received, conducted by a certified public accounting firm.

Amend the bill further, SECTION 2, by striking Section 12-6-3383(F) and inserting:

 (F) The department shall review each written certification and recertification and determine whether the organization meets all the criteria to be considered an eligible charitable organization and notify the organization of its determination. The department may also periodically request recertification from the organization. The department shall compile a list of eligible charitable organizations and make the list available to the public.

Amend the bill further, SECTION 2, by striking Section 12-6-3383(I) and inserting:

 (I) The aggregate amount of tax credits that may be allocated by the department under this section during a calendar year shall not exceed three million five hundred thousand dollars. However, beginning in 2026, the aggregate amount of tax credits that may be allocated by the department under this section during a calendar year shall not exceed ten million dollars. For credits allocated during a calendar year for contributions to eligible charitable organizations, no more than twenty-five percent of such credits may be allocated for contributions to a single eligible charitable organization. However, credits not allocated before June 1, 2026 may be allocated without regard to such restriction for the same calendar year.
 (J) The department may adopt rules necessary to implement the provisions of this section.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The provisions of this act are repealed on December 31, 2030, except that if the credit allowed by Section 12-6-3383, as added by this act, is earned before the repeal, the provisions of Section 12-6-3383(B)(2) continue to apply until the credits have been fully claimed.

Amend the bill further, by striking SECTION 3 and inserting:

SECTION 3. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2024.

Renumber sections to conform.

Amend title to conform.