South Carolina General Assembly
110th Session, 1993-1994

Bill 4541


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4541
Primary Sponsor:                Jennings
Committee Number:               25
Type of Legislation:            GB
Subject:                        Solicitation of Charitable
                                Funds Act
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          1062
Computer Document Number:       GJK/20238SD.94
Introduced Date:                19940119
Last History Body:              House
Last History Date:              19940119
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Jennings
                                Baxley
                                Fair
                                Harrison
                                Harwell
                                Riser
                                Waites
                                Wright
                                D. Smith
                                J. Wilder
                                Baker
                                Cato
                                Fulmer
                                Kelley
                                R. Young
                                McLeod
                                Witherspoon
                                J. Brown
                                Hines
                                A. Young
                                Robinson
                                Cooper
                                McCraw
                                Barber
                                Quinn
                                Harvin
                                Shissias
                                Govan
                                Wilkins
                                Waldrop
                                Meacham
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4541  House   19940119      Introduced, read first time,    25
                            referred to Committee

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.

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

SECTION 1. Title 33 of the 1976 Code is amended by adding:

"CHAPTER 56

Solicitation of Charitable Funds

Section 33-56-10. This chapter may be cited as the `South Carolina Solicitation of Charitable Funds Act'.

Section 33-56-20. As used in this chapter, unless a different meaning is required by the context:

(1) `Charitable organization' means

(a) any person deemed by the Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code;

(b) any person who is or holds itself out to be established for any benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary purpose, or;

(c) any person who employs a charitable appeal as the basis of solicitation or an appeal that suggests that there is a charitable purpose to any solicitation, or who solicits or obtains contributions solicited from the public for a charitable purpose.

This definition shall not include constituted religious organizations or groups affiliated with and forming an integral part of the organization where no part of the net income inures to the direct benefit of any individual, and which has received a declaration of current tax exempt status from the government of the United States. Religious organizations include those groups incorporated for a religious purpose by this State. A candidate for national, state, or local office or a political party or other group required to file information with the federal election commission or State Election Commission is not a charitable organization.

(2) `Person' means an individual, organization, trust, foundation, group, association, partnership, corporation, society, or any combination of them.

(3) `Contribution' means the promise, grant, or pledge of any money, credit, assistance, or property of any kind or value. It does not include bona fide fees, dues, or assessments paid by members of an organization, provided that membership is not conferred solely as consideration for making a contribution in response to a solicitation, nor memberships which bestow only a right to vote.

(4) `Solicit' and `Solicitation' means the request for money, credit, property, financial assistance, or other thing of value, or any portion of it, which will be used for a charitable purpose or benefit a charitable organization. A solicitation is considered to have taken place whether or not the person making the same receives any contribution.

(5) `Secretary' means the Secretary of State.

(6) `Parent organization' means that part of a charitable organization which coordinates, supervises, or exercises control over policy, fund raising, and expenditures, or assists or advises one or more chapters, branches, or affiliates in this State.

(7) `Professional fund-raising counsel' means a person who for compensation plans, conducts, manages, prepares materials for, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for or on behalf of a charitable organization but who actually does not solicit contributions as a part of these services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within this State, or the bona fide salaried officer or employee of a parent organization certified as tax exempt, is not considered to be a professional fund-raising counsel.

(8) `Professional solicitor' means a person who, for monetary consideration, solicits contributions for or on behalf of a charitable organization, whether the solicitation is performed personally or through its agents, servants, or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person. `Professional solicitor' also means a person who plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as `professional fund-raising counsel' within the meaning of this chapter. Any person who for monetary consideration conducts door to door, person to person, direct mail, or telephone solicitation is a professional solicitor.

(9) `Charitable purpose' means a purpose described in Section 501(c)(3) of the Internal Revenue Code or a benevolent, social welfare, scientific, educational, environmental, philanthropic, humane, patriotic, public health, civic, or other eleemosynary objective.

(10) `Educational institution' means an organization organized and operated exclusively for educational purposes and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where educational activities are regularly carried on. `Educational institution' does not include private foundations soliciting contributions exclusively for educational institutions, nor does it include organizations composed of parents and students and other persons connected with the institution which are organized and operated for the purpose of conducting activities in support of operations or extracurricular activities.

Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf shall file a registration statement with the Secretary on forms prescribed by the Secretary by July first of each year but in all cases prior to solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the statements required under this chapter. The statements must be sworn to and contain:

(1) the name of the organization;

(2) the purpose for which it was organized;

(3) the principal address of the organization and the address of any offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;

(4) the names and addresses of the chief executive officer and chief financial officer;

(5) the names and addresses of any chapters, branches, or affiliates in this State;

(6) the place and date the organization was legally established, the form of its organization, and a reference to any determination of its tax exempt status under the Internal Revenue Code;

(7) whether the organization intends to use professional solicitors or hire individuals to solicit;

(8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this State to solicit contributions;

(9) whether it is or has ever been enjoined by any court from soliciting contributions; and

(10) the general purpose for which the contributions to be solicited shall be used.

The registration forms and other documents prescribed by the Secretary of State must be signed by the chief executive officer and Chief Financial Officer of the charitable organization and certified as true. Every charitable organization which submits a registration to the Secretary must pay an annual registration fee of fifty dollars.

Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to register with the Secretary of State but is not required to pay the annual registration fee provided for in Section 33-56-30.

Section 33-56-50. The following are not required to file registration statements with the Secretary of State, provided none of its fund-raising activities are carried on by professional solicitors:

(1) educational institutions which solicit contributions only from its students and their families, alumni, faculty, trustees, corporations, and foundations;

(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;

(3) charitable organizations which do not intend to solicit nor receive contributions from the public in excess of five thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of five thousand dollars, within thirty days after the date the contributions reach five thousand dollars, it must register with and report to the department as required by this chapter;

(4) organizations which solicit exclusively to their members; and

(5) any veteran's organization which has a congressional charter.

Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the Secretary on forms to be prescribed by the Secretary, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the Secretary or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization.

Section 33-56-60. Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Secretary of State, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Secretary of State. The report must cover the preceding fiscal year and must be filed within two and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the Secretary.

The report must include:

(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door to door solicitations, telethons, and all other itemized sources;

(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and

(3) balance sheet disclosures containing total assets and liabilities.

An organization failing to file the report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Attorney General or Secretary. An organization failing to file a timely report required by this section may be assessed by the Secretary administrative fines not to exceed two thousand dollars.

Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor and a charitable organization must be in writing and filed with the Secretary of State within ten days after the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Secretary of State within ten days after the contract or written agreement is made. Every contract filed under this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every contract or agreement filed under this section must disclose the name and residence address of each person directing or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation must disclose the location and telephone numbers from which the soliciting will be conducted.

Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the Secretary a joint financial report for the campaign, including gross revenue and an itemization of expenses. The report must be completed on a form prescribed by the Secretary and signed by an authorized official of the paid solicitor or an authorized official from the charitable organization and certified to be true.

A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each nonregistered agreement of two thousand dollars.

Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the Secretary of State are public records in the office of the Secretary of State and are open to the general public for inspection at such time and under such conditions as the Secretary may prescribe.

Section 33-56-90. (1) Upon oral or written request of the solicited party, the solicitor shall deliver to the solicited party a written statement disclosing:

(a) the name and location of the charitable organization;

(b) a description of the charitable purpose for which the solicitation is made; and

(c) a financial statement of the charitable organization disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year.

(2) The financial statement under item (1)(c) must be the most recently submitted report under Section 33-56-60.

(3) At the initial time of solicitation, a professional solicitor shall disclose his status as a professional solicitor. The professional solicitor shall disclose the name of the professional fund-raising organization or charity they represent.

(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration certification from the Secretary.

Section 33-56-100. In accordance with the regulations promulgated by the Secretary, every charitable organization and professional fund raiser subject to the provisions of this chapter shall keep the true fiscal records as to its activities in this State. The records must be retained for at least three years after the end of the period of registration to which they relate.

Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable organization subject to the provisions of this chapter, unless he has first registered with the Secretary of State. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Secretary of State and contain that information as the Secretary of State may require. The application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual fee of fifty dollars.

At the time of making application, professional solicitors shall file with and have approved by the Secretary of State a surety bond in which the applicant or his employer shall be the principal obligor in the sum of fifteen thousand dollars with one or more sureties satisfactory to the Secretary of State, whose liability in the aggregate as such sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect. However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall run to the State of South Carolina for the use of the Secretary or his appropriate division and any person who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.

Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Secretary of State and the payment of the fee prescribed in this chapter.

Professional fund raisers or professional fund-raising counsel who fail to comply with the provisions of this section are liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this paragraph of two thousand dollars.

Section 33-56-120. (1) In connection with the solicitation of contributions for or the sale of goods or services, no person shall misrepresent or mislead anyone by any manner, means, practice, or device.

(2) No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State. However, the use of the following statement is not considered a prohibited exploitation: `Registered with the Secretary of State as required by law. Registration does not imply endorsement of a public solicitation for contributions.'

(3) In connection with the solicitation of contributions or the sale of goods or services for charitable purposes, no person shall represent to or lead anyone by any manner, means, practice, or device to believe that any other person sponsors or endorses the solicitation of contributions, sale of goods or services for charitable purposes, or approves of the charitable purposes or a charitable organization connected with it when the other person has not given written consent to the use of his name for these purposes. Any member of the board of directors or trustees of a charitable organization or any other person who has agreed either to serve or to participate in any voluntary capacity in the campaign is considered to have given his consent to the use of his name in the campaign.

(4) No person shall make any representation that he is soliciting contributions for or on behalf of a charitable organization or shall use or display any emblem, device, or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable organization.

(5) For the purpose of soliciting contributions from persons in this State, no person shall use the name of any other person except that of an officer, director, or trustee of the charitable organization by or for which contributions are solicited, without the written consent of the other person. A person is considered to have used the name of another person for the purpose of soliciting contributions if the latter person's name is listed on any stationery, advertisement, brochure, or correspondence in or by which a contribution is solicited by or on behalf of a charitable organization or if his name is listed or referred to in connection with a request for a contribution as one who has contributed to, sponsored, or endorsed the charitable organization or its activities.

(6) Nothing contained in subsection (5) of this section prevents the publication of names of contributors, without their written consent, in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.

Section 33-56-130. Any charitable organization, professional fund-raising counsel, or professional solicitor soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions of this chapter and is considered to have irrevocably appointed the Secretary as an agent upon whom may be served summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel, or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the provisions of this chapter. Service of process upon the Secretary must be made by delivering to and leaving with him personally a copy thereof at the office of the Secretary and the service shall be sufficient service; provided, that notice of the service and a copy of the process are sent by the Secretary to the charitable organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt requested, at the address set forth in the registration form required to be filed with the Secretary pursuant to this chapter or, in default of the filing of such form, at the last address known to the Secretary. Service of the process is complete ten days after the receipt by the Secretary of a return receipt purporting to be signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the Secretary of the original envelope bearing a notation by the postal authorities that receipt thereof was refused.

Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the Secretary may investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter or has filed an application or other information required under this chapter which contains false or misleading statements. The Secretary may subpoena persons and require the production of books, papers, and other documents to aid in the investigation of alleged violations of this chapter.

(2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration application, statement, report or other information required to be filed with the Secretary under this chapter, or violates the provisions of this chapter, the Secretary shall notify the delinquent charitable organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or certified mail, with return receipt requested, to its last known address. If the required registration application, statement, annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not discontinued within fifteen days after the formal notification or receipt of the notice, the Secretary may assess an administrative fine not to exceed two thousand dollars against the delinquent organization.

(3) In addition to all other actions authorized by law, the Secretary or Attorney General, if they have reason to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or violation, doing any other acts in furtherance of it and for such other relief as to the court considers appropriate:

(a) a person is operating in violation of the provisions of this chapter;

(b) a person has made any false statement in any registration application, statement, report, or other information required to be filed by this chapter;

(c) a person has failed to file a registration statement or financial report required by this chapter;

(d) a person is employed or is about to be employed in any solicitation or collection of contributions any device, scheme or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;

(e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional solicitor have refused or failed after notice to produce any records of the organization; or

(f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization.

(4) In addition to the provisions of subsection (3), any person who violates the provisions of this chapter, or who gives false or incorrect information to the Secretary in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall be fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent offense shall be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.

(5) Any registration application, statement, report, or other information required to be filed with the Secretary of State under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor which contains false or misleading statements may be rejected by the Secretary and returned to the submitting party without being filed.

(6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After thirty days, the Secretary shall give the delinquent person thirty days' notice that he will seek to enjoin the activities of the person. Before the Secretary seeks an injunction, the person may pay the fines or request a hearing before the Secretary. A person who fails to remit fines after the required notice is given may be enjoined from engaging in further charitable solicitation activities until the fine is paid.

(7) The Secretary may exercise the authority granted in this section against a person who operates under the guise or pretense of being an organization exempted by the provisions of Section 33-56-40 or 33-56-50 and is not in fact an organization entitled to such an exemption.

Section 33-56-150. There shall be in the office of the Secretary of State a Division of Public Charities which, under the direction and control of the Secretary, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public Charities designated by the Secretary.

Section 33-56-160. All fees and fines shall be paid to the State Treasurer and may be used by the Secretary for the administration and enforcement of this chapter.

Section 33-56-170. For purposes of Section 33-56-180:

(a) `Charitable organization' means any organization, institution, association, society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended, or pursuant to Section 12-7-330.

(b) `Employee' means an agent, servant, employee, or officer of a charitable organization.

Section 33-56-180. Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in an action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. An action against the charitable organization under this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be reasonably determined.

Section 33-56-190. The Secretary may enter into agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel, and professional solicitors.

Section 33-56-200. The provisions of this chapter are severable. The unconstitutionality of one section or clause does not affect the constitutionality of the entire chapter."

SECTION 2. The 1976 Code is amended by adding:

"Section 38-79-30. No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation or the expectation or promise of compensation is liable for any civil damage for any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide a voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."

SECTION 3. Chapter 55, Title 33 of the 1976 Code is repealed. SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 5. This act takes effect upon approval by the Governor.

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