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TO AMEND SECTIONS 33-56-30 AND 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND ORGANIZATIONS EXEMPT FROM REGISTRATION PURSUANT TO THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO ALLOW CHARITABLE ORGANIZATIONS TO FILE THEIR ANNUAL REGISTRATION ON THE SAME DATE THAT FINANCIAL REPORTS PURSUANT TO THE ACT MUST BE FILED AND TO EXEMPT FROM REGISTRATION PURSUANT TO THE ACT CHARITABLE ORGANIZATIONS THAT DO NOT INTEND TO SOLICIT OR RECEIVE IN EXCESS OF SEVEN THOUSAND FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR WHETHER OR NOT THE FUNDRAISING ACTIVITIES ARE CONDUCTED BY PROFESSIONAL SOLICITORS, PROFESSIONAL FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 33-56-30(A) of the 1976 Code is amended to read:
"(A) Except as otherwise provided in this chapter, a charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf must file a registration statement with the Secretary of State, on forms prescribed by the Secretary of State, by July first of each year the date provided pursuant to Section 33-56-60(A) but in all cases prior to before solicitation. The registration forms and other documents prescribed by the Secretary of State must be (i) signed by the chief executive officer and chief financial officer of the charitable organization, (ii) certified as true, and (iii) filed, along with a fee of fifty dollars."
SECTION 2. A. That portion of Section 33-56-50(A) preceding item (1) of the 1976 Code, is amended to read:
"(A) The following are not required to file registration statements with the Secretary of State if their fundraising activities are not conducted by professional solicitors, professional fundraising counsel, or commercial co-venturers:"
B. Section 33-56-50(A)(3) of the 1976 Code is amended to read:
"(3) a charitable organization which (a) does not intend to solicit or receive contributions from the public in excess of five seven thousand five hundred dollars during a calendar year, or (b)(i) does not intend to solicit or receive contributions from the public in excess of twenty thousand dollars in a calendar year and (ii) has received a letter of tax exemption from the Internal Revenue Service, if all functions, including fundraising activities, of the organization exempted pursuant to this item are conducted by persons who are compensated no more than five hundred dollars in a year for their services and no part of their assets or income inures to the benefit of or is paid to an officer or a member. If the contributions raised from the public, whether or not the contributions are actually received by a charitable organization during any calendar year, are in excess of these amounts, within thirty days after the date the contributions exceed these amounts, the organization must register with and report to the Secretary of State as required by this chapter;"
SECTION 3. This act takes effect upon approval by the Governor.
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