South Carolina General Assembly
111th Session, 1995-1996

Bill 334


                    Current Status

Bill Number:                    334
Ratification Number:            3
Act Number:                     14
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950110
Primary Sponsor:                McGill 
All Sponsors:                   McGill, Glover and Leatherman
Drafted Document Number:        res9581.jym
Companion Bill Number:          3218
Date Bill Passed both Bodies:   19950119
Governor's Action:              V
Date of Governor's Action:      19950307
Action on Governor's Veto:      O
Subject:                        Dissolved nonprofit corporations,
                                Florence County

History



Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950315  Act No. A14
House   19950315  Veto overridden
House   19950314  Debate adjourned on veto message
Senate  19950309  Veto overridden
------  19950307  Vetoed by Governor
------  19950302  Ratified R3
House   19950119  Read third time, enrolled for
                  ratification
House   19950118  Read second time
House   19950117  Introduced, read first time,
                  placed on Calendar without reference
Senate  19950112  Read third time, sent to House
Senate  19950111  Read second time
Senate  19950110  Unanimous consent for second
                  and third reading on the next two
                  consecutive Legislative days
Senate  19950110  Introduced, read first time,
                  placed on Calendar without reference

View additional legislative information at the LPITS web site.


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

(A14, R3, S334)

AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

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

Authority to dispose of assets; etc.

SECTION 1. Article 1, Chapter 31, Title 33 of the 1976 Code is amended by adding:

"Section 33-31-155. (A) Persons serving as directors or trustees at the time of dissolution of a nonprofit corporation or eleemosynary organization created pursuant to Section 33-31-10 and located in Florence County for the public good other than religious purposes are invested with the authority to dispose of any remaining assets of the corporation by resolution pursuant to the requirements of this section.

(B) The corporation's charter does not have to be reinstated for the disposition of such assets.

(C) The directors or trustees must call a special meeting for the limited purpose of disposing of the corporate assets remaining after dissolution. Notwithstanding any other provision of law, a quorum shall not be required for the conducting of the special meeting. Notice of such meeting must be published in a newspaper of general circulation, in the county in which the organization was perfected, for a period of one week prior to the meeting date.

(D) The assets may only be disposed of if a majority of the directors or trustees present and voting cast a favorable majority for such disposition. The assets must be distributed in such a manner to ensure their continued use for public and civic purposes.

(E) If persons serving as directors or trustees at the time of dissolution are deceased or have not taken action to dispose of assets of a dissolved nonprofit eleemosynary organization within five years of dissolution, any remaining assets escheat to the general fund of the State."

Time effective; delayed effect of certain provisions

SECTION 2. This act takes effect upon approval by the Governor with the exception of Section 33-31-155(E), which shall take effect two years from the date of approval by the Governor.

Vetoed by the Governor -- 3/7/95.

Veto overridden by Senate -- 3/9/95.

Veto overridden by House -- 3/15/95.