South Carolina General Assembly

General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998

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14                       SECTION 16
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16     TO AMEND SECTIONS 8-11-92 AND 8-11-94 OF THE 1976 CODE, RELATING TO CRITERIA REQUIRED FOR STATE
17     EMPLOYEE PAYROLL DEDUCTIONS OF CHARITABLE CONTRIBUTIONS AND THE CONFIDENTIALITY OF THE
18     NAMES OF STATE EMPLOYEES AUTHORIZING THESE DEDUCTIONS, SO AS TO CHANGE REFERENCES FROM
19     "SECRETARY OF STATE" TO "ATTORNEY GENERAL" TO REFLECT THE ENFORCEMENT OF THE SOUTH
20     CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT BY THE ATTORNEY GENERAL.
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22     A.  Section 8-11-92B. of the 1976 Code is amended to read:
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24           "B. The Secretary of State Attorney General shall determine on an annual basis, based upon the applications of nonprofit, charitable
25     organizations and groups of such organizations, those which are eligible to participate in payroll deductions for state-employee state
26     employee contributions.  His The Attorney General's decision shall be is final unless determined by a court of competent jurisdiction to
27     be arbitrary, capricious, or unsupported by any credible evidence."
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29     B.  Section 8-11-94 of the 1976 Code is amended to read:
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31           "Section 8-11-94. The names of state employees authorizing deductions of charitable contributions and the amount of the individual
32     contributions shall be is confidential and shall must not be made public. This prohibition against disclosure shall does not bar the Secretary
33     of State Attorney General, State Auditor, or state or federal tax authorities from access to all information necessary to verify or establish
34     the eligibility, the tax exempt status, or the tax liability of such organizations or groups of such organizations. The tax returns and books


PART II PAGE 547 1 and records of such organizations or groups of such organizations shall must be made available at all times necessary to determine the 2 status and eligibility of any such charitable organization or groups of such organizations." 3 4 C. This section takes effect July 1, 1998. 5