H 4541 Session 110 (1993-1994)
H 4541 General Bill, By Jennings, B.O. Baker, R.A. Barber, J.M. Baxley,
J. Brown, Cato, Cooper, Fair, R.C. Fulmer, Govan, Harrison, Harvin,
B.H. Harwell, J. Hines, Kelley, McCraw, M. McLeod, Meacham, Quinn, Riser,
Robinson, J.S. Shissias, D. Smith, C.Y. Waites, D.C. Waldrop, J.B. Wilder,
Wilkins, Witherspoon, D.A. Wright, Young-Brickell and R.M. Young
Similar(S 1062)
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.
01/19/94 House Introduced and read first time HJ-22
01/19/94 House Referred to Committee on Judiciary HJ-22
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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