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TO AMEND CHAPTER 17, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL DISTRICTS, BY ADDING SECTION 59-17-170, TO PROVIDE THAT A PERSON WITH CERTAIN CRIMINAL CONVICTIONS IS PROHIBITED FROM SERVING AS THE CHIEF FINANCIAL OFFICER OF A BOOSTER CLUB, TO PROVIDE THAT EACH BOOSTER CLUB WITHIN A SCHOOL DISTRICT SHALL ANNUALLY REGISTER WITH THE SCHOOL BOARD, TO PROVIDE THAT THE SCHOOL BOARD MUST RUN A CRIMINAL BACKGROUND CHECK TO DETERMINE IF THE CHIEF FINANCIAL OFFICER OF A BOOSTER CLUB IS PROHIBITED FROM SERVING IN THAT ROLE DUE A CRIMINAL CONVICTION, AND TO DEFINE NECESSARY TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 59 of the 1976 Code is amended by adding:
"Section 59-17-170. (A) For the purposes of this section:
(1) 'Booster club' means a parent-led organization, not directly controlled by a school or school district, that is formed with the primary purpose of raising funds for the school, school district programs, interscholastic athletics, or after-school activities.
(2) 'Chief financial officer' means a person who maintains custody of a booster club's financial records and who has signatory authority on all of the booster club's transactions, accounts, contracts, checks, or other instruments or undertakings of any kind.
(B)(1) A person who was convicted of, or pled guilty or nolo contendere to, a felony, a violation of Chapter 13 of Title 16, or a violation of Chapter 14 of Title 16 is prohibited from serving as the chief financial officer of a booster club.
(2) If a chief financial officer was convicted of, or pled guilty or nolo contendere to, a crime identified in item (1), then the chief financial officer must immediately resign, and a new person shall be assigned to that role within the booster club. A booster club is prohibited from disbursing funds for any purpose until a new person is installed as its chief financial officer.
(C)(1) Each booster club within a school district must annually register with the school district board of trustees no later than August first. The registration shall include the name of the booster club, its purpose, the name of each of the booster club's officers, including its chief financial officer, and other information required by the school district board of trustees.
(2) A booster club that fails to register by August first is prohibited from disbursing any funds for any purpose until registration has been completed.
(D)(1) Upon the receipt of a booster club's registration, a school district board of trustees must request a state criminal records check, including fingerprints, from the South Carolina Law Enforcement Division for the chief financial officer. The school district board of trustees shall immediately notify a booster club if the criminal records check reveals that its chief financial officer is prohibited from serving in that role for the booster club pursuant to subsection (B).
(2) A school district board of trustees may charge a fee to offset the costs associated with the state criminal records check."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 16, 2021 at 1:23 PM