South Carolina H 4251: Money transmission fees
Status: Referred to Committee on Labor, Commerce and Industry (as of 2025-03-27)
State: South Carolina · Session: 2025-2026 · Bill: H 4251
Sponsors: B.J. Cox, Guest, Lawson, Long, M.M. Smith, T. Moore
Bill Text
2025-2026 Bill 4251 Text of Previous Version (Mar. 27, 2025) - South Carolina Legislature Online
South Carolina General Assembly
126th Session, 2025-2026
Bill 4251
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
35-11-240 SO AS TO PROVIDE CERTAIN FEES MUST BE ASSESSED AGAINST CERTAIN MONEY
TRANSFERS, AND to PROVIDE FOR THE DISBURSEMENT OF THE FEES TO THE ILLEGAL
IMMIGRATION ENFORCEMENT FUND; AND BY AMENDING SECTION 23-3-80, RELATING TO THE
ILLEGAL IMMIGRATION ENFORCEMENT UNIT, SO AS TO PROVIDE THE ILLEGAL IMMIGRATION
ENFORCEMENT FUND MUST BE USED TO FUND THE UNIT'S OPERATIONS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1. Article 2, Chapter 11, Title 35 of the S.C. Code is
amended by adding:
Section
35-11-240. (A) Any licensee of a money
transmission, transmitter, or wire transmitter business operating pursuant to
this article, and their delegates shall collect a fee of seven dollars and
fifty cents for each transaction not in excess of five hundred dollars and, in
addition to this fee, an amount equal to one and one-half percent of the amount
in excess of five hundred dollars.
(B)
The fee prescribed by subsection (A) must be remitted quarterly to the
Department of Revenue on forms as the department may prescribe. All required
forms and remittances must be filed with the department no later than the
fifteenth day of the month following the close of each calendar quarter.
(C)
The department shall direct all revenues derived from the fee prescribed by
this section into the Illegal Immigration Enforcement Fund. The funds must be
used solely to fund the operations of the Illegal Immigration Enforcement Unit
established pursuant to Section 23-3-80. Money in the fund must be expended
upon appropriation by the General Assembly. Unexpended amounts remaining in the
fund at the end of a fiscal year shall not lapse into the general fund and
investment earnings on amounts in the fund shall be deposited to the credit of
the fund.
(D)
Every licensee and its delegates shall post a notice on a form prescribed by
the department that notifies customers that upon filing an individual income
tax return with either a valid Social Security number or a valid taxpayer
identification number, the customer is entitled to an income tax credit equal
to the amount of the fee paid by the customer for the transaction.
(E)
The department shall be afforded all provisions currently under law to enforce
the provisions of subsection (B). If a licensee fails to file reports or fails
to remit the fee authorized by subsection (B), the department shall have the
authority pursuant to this chapter to suspend the license of the licensee and
its delegates. A notification of the suspension also must be sent to the South
Carolina Commissioner of Banking ("the Banking Commissioner"). The licensee and
its delegates may not reapply for a license until all required reports have
been filed and all required fee amounts have been remitted.
(F)
Upon request from the department, the Banking Commissioner may make a claim
against the surety bond of the licensee on behalf of the State.
SECTION 2. Section 23-3-80(C) of the S.C. Code is amended to read:
(C) Notwithstanding any other provision
of law, the Illegal Immigration Enforcement Unit must be funded annually by a
specific appropriation to the Illegal Immigration Enforcement Unit in the State
general appropriations act, separate and distinct from SLED'S other
appropriations, first using funds from the Illegal
Immigration Enforcement Fund and, if necessary to fund its operations,
thereafter using funds from the State general fund or such other funds as the General
Assembly may direct.
SECTION 3. This act takes effect upon approval
by the Governor.
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