Current Status Introducing Body:Senate Bill Number:1427 Primary Sponsor:Williams Committee Number:25 Type of Legislation:GB Subject:Charitable Funds Act Residing Body:House Current Committee:Judiciary Companion Bill Number:4733 Computer Document Number:CYY/18987.SD Introduced Date:Mar 25, 1992 Last History Body:House Last History Date:May 20, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Williams Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1427 House May 20, 1992 Introduced, read first time, 25
referred to Committee
1427 Senate May 19, 1992 Read third time, sent to House
1427 Senate May 12, 1992 Read second time
1427 Senate Apr 30, 1992 Polled out of Committee: 11
Favorable
1427 Senate Mar 25, 1992 Introduced, read first time, 11
referred to Committee
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COMMITTEE REPORT
April 30, 1992
S. 1427
Introduced by SENATORS Williams and Drummond
S. Printed 4/30/92--S.
Read the first time March 25, 1992.
To whom was referred a Bill (S. 1427), to amend Section 33-55-50, Code of Laws of South Carolina, 1976, relating to exemptions from registration fees under the Solicitation of Charitable Funds Act, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
MARSHALL B. WILLIAMS, for Committee.
TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 33-55-50 of the 1976 Code is amended to read:
"Section 33-55-50. Any individual chapter, branch, or affiliate of a parent organization or a federated fund-raising organization provided for in Section 33-55-40 which raises money by the sale of merchandise or any other thing of value for which a reasonable return is received by the purchaser, is not required to pay the annual registration fee provided for in Section 33-55-40.
The Children's Trust Fund of South Carolina as created 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 33-55-40."
SECTION 2. Section 33-55-90 of the 1976 Code is amended to read:
"Section 33-55-90. Every contract or agreement between professional fund-raising counsel and a charitable organization must be in writing and shall must be filed with the Secretary of State within ten days after such the contract or written agreement is concluded.
Every contract or a written statement of the nature of the arrangement to prevail in the absence of a contract between a professional solicitor and a charitable organization shall must be filed with the Secretary of State within ten days after such the contract or written agreement is concluded. If the Secretary concludes that such a contract or written arrangement will involve an excessively high fund-raising cost, he shall request the parties to provide satisfactory explanation and may, if not satisfied, request renegotiation of the arrangement upon terms acceptable to him. In the event this is not done within ten days, the Secretary may disapprove the contract or arrangement. No registered charitable organization or professional solicitor shall carry out or execute a disapproved contract, or receive or perform services, or receive or make payments, pursuant to a disapproved contract. Any party to a disapproved contract shall, upon written request made within thirty days of disapproval, be given a hearing before the Commission within thirty days after such a request is filed."
SECTION 3. The 1976 Code is amended by adding:
"Section 33-55-95. (1) The Charities Division of the Office of the Secretary of State must examine each registration statement, contract, or agreement and supporting documentation filed by a charitable organization, professional fund-raising counsel, or professional solicitor and determine whether the registration requirements are satisfied.
(a) If registration requirements are not satisfied, the division must notify the charitable organization, professional fund-raising counsel, or professional solicitor within ten days after its receipt of the registration statement.
(b) If registration requirements are not satisfied, the charitable organization, professional fund-raising counsel, or professional solicitor may request a hearing within fourteen days which must be held within fifteen working days after receipt of the request and any recommended order, if one is issued, must be rendered within three working days of the hearing. The final order must then be issued within two working days after the recommended order and if no recommended order was issued, then a final order must be issued within five working days of the hearing.
(2) If notification is not given to the charitable organization, professional fund-raising counsel, or professional solicitor within ten days of its filing the registration statement that the requirements are not satisfied, the registration is deemed approved."
SECTION 4. Section 33-55-80 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.