South Carolina General Assembly
116th Session, 2005-2006

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A37, R38, S216

STATUS INFORMATION

General Bill
Sponsors: Senator Hayes
Document Path: l:\council\bills\swb\6203sd05.doc

Introduced in the Senate on January 12, 2005
Introduced in the House on February 17, 2005
Passed by the General Assembly on April 8, 2005
Governor's Action: April 15, 2005, Signed

Summary: Military corporations make-up, purposes, programs and funding

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/12/2005  Senate  Introduced and read first time SJ-17
   1/12/2005  Senate  Referred to Committee on General SJ-17
    2/9/2005  Senate  Committee report: Favorable General SJ-21
   2/10/2005          Scrivener's error corrected
   2/15/2005  Senate  Read second time SJ-12
   2/16/2005  Senate  Read third time and sent to House SJ-13
   2/17/2005  House   Introduced and read first time HJ-6
   2/17/2005  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-6
    4/6/2005  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-4
    4/7/2005  House   Read second time HJ-11
    4/7/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-13
    4/8/2005  House   Read third time and enrolled HJ-2
   4/12/2005          Ratified R 38
   4/15/2005          Signed By Governor
   4/21/2005          Copies available
   4/21/2005          Effective date 04/15/05
   4/25/2005          Act No. 37

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/12/2005
2/9/2005
2/10/2005
4/6/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A37, R38, S216)

AN ACT TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.

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

Military corporations, composition, programs, and funding revised

SECTION    1.    Section 25-1-120 of the 1976 Code is amended to read:

"Section 25-1-120.    The officers, the enlisted personnel, or the officers and enlisted personnel or support groups of an organization or unit of the National Guard of South Carolina may organize themselves into a corporation for social purposes and for the purpose of holding, acquiring, and disposing of that property, real and personal, as the military organizations may possess or acquire. The corporation may not engage in business and may not be required to pay a filing or license fee to the State.

These organizations may include:

(1)    enlisted, officer, or all-ranks clubs;

(2)    family support groups;

(3)    auxiliary organizations;

(4)    service branch organizations;

(5)    battalion, brigade, or unit fund organizations;

(6)    other such organizations that provide support to personnel and their families.

The corporations may raise funds and provide services, if retained funds are used for unit support, eleemosynary causes, or charitable purposes within their charter. The organizations may use armory or National Guard facilities, if there is no expense to the government. When any area of National Guard facilities is used, the National Guard and State shall have access to that area as needed or practical, and the use of that area by the corporation is not exclusive. Any sale of alcoholic beverages must conform to the limitations of sales under other provisions of law, except that sales within the unit, and not for profit, do not require licensing by the State.

The Adjutant General and the Secretary of State shall coordinate and make provisions to standardize applications for incorporation. No incorporation may be made under this article without the approval of the Adjutant General and the State Judge Advocate. All accounts and documents of the corporation organized under this article must be available for inspection and review by the Adjutant General."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 12th day of April, 2005.

Approved the 15th day of April, 2005.

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