South Carolina General Assembly
114th Session, 2001-2002

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Bill 4699


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4699
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020212
Primary Sponsor:                  Kirsh
All Sponsors:                     Kirsh and Moody-Lawrence
Drafted Document Number:          l:\council\bills\dka\4668mm02.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Solicitation of Charitable Funds Act, 
                                  eighty percent of all funds to go toward 
                                  charitable purposes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20020212  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND SECTIONS 33-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOLICITATION OF CHARITABLE FUNDS ACT, 33-56-30, AS AMENDED, RELATING TO REGISTRATION STATEMENTS OF A CHARITABLE ORGANIZATION, AND 33-56-50, AS AMENDED, RELATING TO EXEMPTIONS FROM REGISTRATION AS A CHARITABLE ORGANIZATION, ALL SO AS TO REQUIRE THAT AT LEAST EIGHTY PERCENT OF THE GROSS RECEIPTS FROM CONTRIBUTIONS A CHARITABLE ORGANIZATION SOLICITS IN THIS STATE BE USED DIRECTLY FOR THE STATED CHARITABLE PURPOSE OF THE ORGANIZATION.

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

SECTION    1.    Section 33-56-20(2) of the 1976 Code, as amended by Act 336 of 2000, is further amended to read:

    "(2)    '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, including an objective of an organization of law enforcement personnel, firefighters, or other persons who protect the public safety if a stated purpose of the solicitations includes a benefit to a person outside the actual service membership of the organization. For purposes of this chapter, 'charitable purpose' contemplates the requirement that at least eighty percent of the gross contributions solicited by the organization in this State be used by the organization to fund that purpose."

SECTION    2.    Section 33-56-30(B)(9) of the 1976 Code, as added by Act 338 of 2000, is amended to read:

    "(9)    the general purpose for which the solicited contributions are to be used an express undertaking that at least eighty percent of its gross receipts from contributions solicited in this State go directly to use for its charitable purpose as defined in Section 33-56-20(2);"

SECTION    3.    Section 33-56-50(B) of the 1976 Code, as last amended by Act 336 of 2000, is further amended to read:

    "(B)    A charitable organization claiming to be exempt an exemption from the registration provisions of this chapter and which solicits soliciting charitable contributions in this State must submit annually to the Secretary of State, on forms prescribed by the Secretary of State, the name, address, and purpose of the organization, and a statement setting forth the reason for the claim for exemption, and an express undertaking that at least eighty percent of its gross receipts from contributions solicited in this State go directly to use for its charitable purpose as defined in Section 33-56-20(2). If appropriate, the Secretary of State or his appropriate division shall issue a letter of exemption which that may be exhibited to the public. A filing fee is not required of an exempt organization."

SECTION    4.    This act takes effect upon approval by the Governor.

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