S*153 Session 104 (1981-1982)
S*0153(Rat #0210, Act #0149 of 1981) General Bill, By Senate Medical Affairs
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
8-11-91, 8-11-92, 8-11-93, 8-11-94, 8-11-95, 8-11-96 and 8-11-97, so as to
provide that the Comptroller General shall and the governing body of any
school district may, upon the authorization of any officer or employee
thereof, deduct from salary of such officer or employee contributions for
qualifying public charities; to provide qualifying criteria for such charities
and to direct the Secretary of State to determine the specific charities which
qualify; to make as a prerequisite a minimum level of employee participation;
to make confidential the names of contributors and the individual amounts; to
provide for the control of solicitation drives and the minimizing of
administrative overhead; to require qualifying organizations to make business
records available for verification of their status; and to authorize
promulgation of appropriate regulations; to further amend the 1976 Code by
adding Section 8-11-98, so as to authorize deductions from the salary or wages
of officers and employees of the State and its political subdivisions for
payments to lawfully chartered credit unions and to authorize promulgation of
appropriate regulations in connection therewith, and to provide that the above
provisions shall not be construed as authorizing payroll deductions for any
organization recognized or classified as a labor organization under Section
501 (c) (5) of Title 26 of the United States Code annotated, by the United
States Department of Labor, or by any court of competent jurisdiction.-at
02/03/81 Senate Introduced, read first time, placed on calendar
without reference SJ-10
02/17/81 Senate Amended SJ-15
02/17/81 Senate Debate interrupted SJ-15
02/18/81 Senate Read second time SJ-15
02/18/81 Senate Ordered to third reading with notice of
amendments SJ-15
02/19/81 Senate Debate adjourned SJ-19
02/25/81 Senate Debate interrupted SJ-8
02/26/81 Senate Amended SJ-3
02/26/81 Senate Read third time and sent to House SJ-5
03/03/81 House Introduced and read first time HJ-874
03/03/81 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-875
04/09/81 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
HJ-1786
04/16/81 House Amended HJ-1925
04/16/81 House Read second time HJ-1927
04/21/81 House Read third time HJ-1938
04/21/81 House Returned HJ-1938
04/22/81 Senate Non-concurrence in House amendment SJ-3
04/23/81 House House insists upon amendment and conference
committee appointed Reps. Reps. Evatt, Marchant
& Nunnery HJ-2008
04/23/81 Senate Conference committee appointed Sens. Rubin,
Heyward McDonald & Cantrell SJ-3
05/13/81 House Conference report received HJ-2341
05/20/81 House Recommitted to conference committee HJ-2546
06/04/81 Senate Conference report received SJ-3
06/09/81 Senate Recommitted to conference committee SJ-11
06/24/81 House 2nd Conference Report Received HJ-3398
06/25/81 House Debate adjourned HJ-3413
06/25/81 House 2nd Conf. Rept. Recommitted to Conf. Comm. HJ-3433
06/30/81 House Third Conference Report Received HJ-3473
06/30/81 House Third Conference Report Adopted HJ-3479
06/30/81 Senate 2nd Conference Report Received SJ-23
06/30/81 Senate 2nd Conference Report Adopted SJ-23
06/30/81 Senate Ordered enrolled for ratification SJ-27
07/14/81 Senate Ratified R 210 SJ-5
07/15/81 Signed By Governor
07/15/81 Effective date 07/15/81
07/15/81 Act No. 149
07/23/81 Copies available
(A149, R210, S153)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
8-11-91, 8-11-92, 8-11-93, 8-11-94, 8-11-95, 8-11-96 AND 8-11-97, SO AS TO
PROVIDE THAT THE COMPTROLLER GENERAL SHALL AND THE GOVERNING BODY OF ANY SCHOOL
DISTRICT MAY, UPON THE AUTHORIZATION OF ANY OFFICER OR EMPLOYEE THEREOF, DEDUCT
FROM SALARY OF SUCH OFFICER OR EMPLOYEE CONTRIBUTIONS FOR QUALIFYING PUBLIC
CHARITIES; TO PROVIDE QUALIFYING CRITERIA FOR SUCH CHARITIES AND TO DIRECT THE
SECRETARY OF STATE TO DETERMINE THE SPECIFIC CHARITIES WHICH QUALIFY; TO MAKE AS
A PREREQUISITE A MINIMUM LEVEL OF EMPLOYEE PARTICIPATION; TO MAKE CONFIDENTIAL
THE NAMES OF CONTRIBUTORS AND THE INDIVIDUAL AMOUNTS; TO PROVIDE FOR THE CONTROL
OF SOLICITATION DRIVES AND THE MINIMIZING OF ADMINISTRATIVE OVERHEAD; TO REQUIRE
QUALIFYING ORGANIZATIONS TO MAKE BUSINESS RECORDS AVAILABLE FOR VERIFICATION OF
THEIR STATUS; AND TO AUTHORIZE PROMULGATION OF APPROPRIATE REGULATIONS; TO
FURTHER AMEND THE 1976 CODE BY ADDING SECTION 8-11-98, SO AS TO AUTHORIZE
DEDUCTIONS FROM THO SALARY OR WAGES OF OFFICERS AND EMPLOYEES OF THE STATE AND
ITS POLITICAL SUBDIVISION FOR PAYMENTS TO LAWFULLY CHARTERED CREDIT UNIONS AND
TO AUTHORIZE PROMULGATION OF APPROPRIATE REGULATIONS IN CONNECTION THEREWITH, AND
TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE CONSTRUED AS AUTHORIZING
PAYROLL DEDUCTIONS FOR ANY ORGANIZATION RECOGNIZED OR CLASSIFIED AS A LABOR
ORGANIZATION UNDER SECTION 501(C) (5) OF TITLE 26 OF THE UNITED STATES CODE
ANNOTATED, BY THE UNITED STATES DEPARTMENT OF LABOR, OR BY ANY COURT OF COMPETENT
JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
Comptroller General may deduct contributions
SECTION 1. The 1976 Code is amended by adding:
"Section 8-11-91. The Comptroller General shall, and the governing body
of any school district may, upon written authorization by any officer or
employee, deduct from the salary or wages of any such officer or employee
contributions to be paid over to eligible nonprofit charitable organizations, or
groups of such organizations, in the manner prescribed by Sections 8-11-92
through 8-11-97. Chief finance officers of state agencies and institutions
maintaining payroll accounts separate from the office of the Comptroller General
likewise shall make deductions from the salaries and wages of their officers and
employees for such contributions.
Section 8-11-92. A. Nonprofit charitable organizations for which such payroll
deductions may be made shall include any nonprofit, eleemosynary corporation,
association or organization which is organized and operated exclusively for
charitable, health, or welfare services to the public and meets all of the
following qualifications:
(1) Is and continues to be organized and qualified to solicit and operate
under the laws of this State, pursuant to Chapter 55 of Title 33;
(2) Provides direct and continuing services to or on behalf of the citizens
of the State. For purposes of this section, 'direct and continuing services'
means: (a) services other than legal advocacy services which are provided
directly to and specifically for one individual or one family; (b) services which
are in the nature of medical research; or (c) services which involve the
collection and administration of funds by umbrella organizations for other
organizations, all of which qualify under this act;
(3) Is recognized as tax exempt under Section 501(c)(3) of Title 26, United
States Code (the Internal Revenue Code of 1954, as amended);
(4) Is not an organization contemplated by Section 501 (c) (4), 501(c)(5),
or 501(c)(6) of Title 26, United States Code (the Internal Revenue Code of 1954,
as amended) and is not an organization primarily engaged in the propagation of
a religious faith or belief; this prohibition shall include, but not ,be limited
to, organizations primarily engaged in lobbying or political activity;
(5) Is operated without discrimination in regard to all persons served, and
complies with all requirements of law, including administrative regulations,
respecting nondiscrimination and equal opportunity regarding its officers, staff,
employees and volunteers;
(6) Has neither a parent organization nor a subsidiary organization which
fails to meet qualifications herein contained in items (1) through (5).
B. The Secretary of State shall determine on an annual basis, based upon the
applications of nonprofit, charitable organizations and groups of such
organizations, those which are eligible to participate in payroll deductions for
state employee contributions. His decision shall be final unless determined by
a court of competent jurisdiction to be arbitrary, capricious or unsupported by
any credible evidence.
Section 8-11-93. Because of the high cost to be borne by the State in providing
administrative services regarding payroll deductions for contributions to
charitable organizations, even though an organization may be eligible under
Section 8-11-92 no such deductions shall be authorized by the Comptroller
General, or by the chief finance officer of a state agency or institution
maintaining separate payroll accounts, unless at least ten percent of the
employees or two hundred employees, whichever shall be the lesser, who are paid
from such payroll account, have made a written authorization to deduct
contributions to an eligible charitable organization or group of such
organizations.
Section 8-11-94. The names of state employees authorizing deductions of
charitable contributions and the amount of the individual contributions shall be
confidential and shall not be made public. This prohibition against disclosure
shall not bar the Secretary of State, State Auditor or state or federal tax
authorities from access to all information necessary to verify or establish the
eligibility, the tax exempt status or the tax liability of such organizations or
groups of such organizations. The tax returns and books and records of such
organizations or groups of such organizations shall be made available at all
times necessary to determine the status and eligibility of any such charitable
organization or groups of such organizations.
Section 8-11-95. The Comptroller General, and the chief finance officers of
state agencies and institutions maintaining separate payroll accounts, shall
permit two time periods during any calendar year for general charitable-solicitation drives within state offices, agencies and institutions.
Section 8-11-96. Authorization for payroll deductions for charitable
contributions may be made or terminated at any payroll period by the officer or
employee concerned; provided that either the Comptroller General or the chief
finance officer concerned may require that deductions be made pro rata from each
payroll check or in such other manner as will reduce to a minimum both the cost
of handling such deductions and any interference with regular payroll procedures.
Section 8-11-97. The Comptroller General, and the chief finance officers
concerned, shall promulgate regulations necessary and expedient to accomplishing
the purposes of Section 8-11-91 through 8-11-96.
Section 8-11-98. The Comptroller General or any official of a political
subdivision of the State which is authorized to disburse funds in payment of
salaries or wages of public officers or employees shall, upon written
authorization, deduct from the salary or wages of such officer or employee the
amounts authorized for payment to any lawfully chartered credit union. The monies
deducted shall be paid promptly to the designated organization. Subject to any
regulations prescribed by the Budget and Control Board, the Comptroller General
may prescribe any procedures necessary to carry out the provisions of this
section."
Severability clause
SECTION 2. If any portion of this act is held unconstitutional or otherwise
unenforceable, such portion shall be deemed severable and the remainder shall
continue in full force and effect.
Provisions not to include labor organizations
SECTION 3. Notwithstanding any other provision of this act including
definitions of organizations eligible for payroll deductions, such provisions
shall not be construed to include any organization recognized or classified as
a labor organization under Section 501 (c)(5) of Title 26 of the United States
Code Annotated, by the United States Department of Labor, or by any court of
competent jurisdiction nor shall any such deduction be made if any of the
proceeds of the deduction would be for the benefit of any such organization.
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |