H*3557(Rat #0330, Act #0294 of 1996)  General Bill, By Kirsh
 A Bill 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.-amended
 title

   02/08/95  House  Introduced and read first time HJ-47
   02/08/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-47
   04/19/95  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-7
   04/26/95  House  Amended HJ-47
   04/26/95  House  Read second time HJ-47
   04/27/95  House  Read third time and sent to Senate HJ-8
   05/01/95  Senate Introduced and read first time SJ-19
   05/01/95  Senate Referred to Committee on Judiciary SJ-19
   04/03/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   04/04/96  Senate Amended SJ-52
   04/04/96  Senate Read second time SJ-52
   04/04/96  Senate Ordered to third reading with notice of
                     amendments SJ-52
   04/10/96  Senate Amended SJ-20
   04/10/96  Senate Read third time and returned to House with
                     amendments SJ-20
   04/17/96  House  Concurred in Senate amendment and enrolled HJ-59
   04/30/96         Ratified R 330
   05/07/96         Became law without Governor's signature
   05/07/96         Effective date 05/07/96
   05/16/96         Copies available
   05/16/96         Act No. 294

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.