South Carolina General Assembly
116th Session, 2005-2006

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Bill 216

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 6, 2005

S. 216

Introduced by Senator Hayes

S. Printed 4/6/05--H.

Read the first time February 17, 2005.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (S. 216) to amend Section 25-1-120, Code of Laws of South Carolina, 1976, relating to the organization and purposes of military corporations, so as to further provide, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JOE E. BROWN for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs are expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Adjutant General

The office reports this bill will have no impact on the General Fund of the State, or on federal and/or other funds.

The Secretary of State

The office reports that implementation of this bill will result in minimal costs to the General Fund of the State in order to print new incorporation forms. The agency can absorb these costs at its current level of funding.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 25-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND PURPOSES OF MILITARY CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THE MAKEUP OF THESE CORPORATIONS AND FOR THE PURPOSES, PROGRAMS, AND FUNDING OF THESE CORPORATIONS.

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

SECTION    1.    Section 25-1-120 of the 1976 Code is amended to read:

"Section 25-1-120.    The officers, the enlisted men personnel, or the officers and enlisted men personnel or support groups of any an organization or unit of the National Guard of South Carolina may organize themselves into a corporation for social purposes and for the purpose of holding, acquiring, and disposing of such that property, real and personal, as such the military organizations may possess or acquire. Such The corporation shall may not engage in business and shall may not be required to pay any a filing or license fee to the State.

These organizations may include:

(1)    enlisted, officer, or all-ranks clubs;

(2)    family support groups;

(3)    auxiliary organizations;

(4)    service branch organizations;

(5)    battalion, brigade, or unit fund organizations;

(6)    other such organizations that provide support to personnel and their families.

The corporations may raise funds and provide services, if retained funds are used for unit support, eleemosynary causes, or charitable purposes within their charter. The organizations may use armory or national guard facilities, if there is no expense to the government. When any area of national guard facilities is used, the national guard and State shall have access to that area as needed or practical, and the use of that area by the corporation is not exclusive. Any sale of alcoholic beverages must conform to the limitations of sales under other provisions of law, except that sales within the unit, and not for profit, do not require licensing by the State.

The Adjutant General and the Secretary of State shall coordinate and make provisions to standardize applications for incorporation. No incorporation may be made under this article without the approval of the Adjutant General and the State Judge Advocate. All accounts and documents of the corporation organized under this article must be available for inspection and review by the Adjutant General."

SECTION    2.    This act takes effect upon approval by the Governor.

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