Current Status Bill Number:3557 Ratification Number:330 Act Number:294 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950208 Primary Sponsor:Kirsh All Sponsors:Kirsh Drafted Document Number:gjk\21340sd.95 Date Bill Passed both Bodies:19960417 Date of Last Amendment:19960410 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19960507 Subject:Civic organizations, registration statements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19960515 Act No. A294
------ 19960507 Unsigned, became law without
signature of Governor
------ 19960430 Ratified R330
House 19960417 Concurred in Senate amendment,
enrolled for ratification
Senate 19960410 Amended, read third time,
returned to House with amendment
Senate 19960404 Amended, read second time,
ordered to third reading
with notice of general amendments
Senate 19960403 Committee report: Favorable with 11 SJ
amendment
Senate 19950501 Introduced, read first time, 11 SJ
referred to Committee
House 19950427 Read third time, sent to Senate
House 19950426 Amended, read second time
House 19950419 Committee report: Favorable with 26 HLCI
amendment
House 19950208 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A294, R330, H3557)
AN ACT TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THOSE CHARITABLE ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS, AND TO PROVIDE THAT THE STATE, ITS POLITICAL SUBDIVISIONS, AND AGENCIES AND DEPARTMENTS THEREOF ARE ALSO EXEMPT FROM THIS REQUIREMENT IF THEY ARE SUBJECT TO THE DISCLOSURE PROVISIONS OF THE FREEDOM OF INFORMATION ACT, AND TO AMEND SECTION 33-56-60 RELATING TO REPORTS OF FINANCIAL ACTIVITIES BY CHARITABLE ORGANIZATIONS REQUIRED TO FILE, SO AS TO REVISE THE DATE WHEN THIS REPORT IS DUE.
Be it enacted by the General Assembly of the State of South Carolina:
Exemptions
SECTION 1. Section 33-56-50 of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"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 is carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(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 (a) do not intend to solicit nor receive contributions from the public in excess of twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and (b) have received letters of tax exemption from the Internal Revenue Service, 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 twenty thousand dollars or are received from more than ten people, within thirty days after the date the contributions exceed twenty thousand dollars or the number of contributors exceeds ten, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives;
(5) any veteran's organization which has a congressional charter; and
(6) the State, its political subdivisions, and any agencies or departments thereof which are subject to the disclosure provisions of the Freedom of Information Act.
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."
Filing date revised
SECTION 2. Section 33-56-60(A) of the 1976 Code, as added by Act 461 of 1994, is amended to read:
"(A) 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 four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the secretary."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 5/7/96.