S 216 Session 112 (1997-1998)
S 0216 General Bill, By Wilson
A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO
AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER,
OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN
ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT,
SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A
CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS
FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE
A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER"
TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.
01/21/97 Senate Introduced and read first time SJ-15
01/21/97 Senate Referred to Committee on Judiciary SJ-15
04/16/97 Senate Committee report: Favorable with amendment
Judiciary SJ-9
04/17/97 Senate Amended SJ-21
04/17/97 Senate Read second time SJ-21
05/27/98 Senate Recommitted to Committee on Judiciary SJ-111
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 17, 1997
S. 216
Introduced by Senator Wilson
S. Printed 4/17/97--S.
Read the first time January 21, 1997.
A BILL
TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO
AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY
OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF
VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT
AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR
INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK,
ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF
VALUE FROM A CANDIDATE; AND TO AMEND SECTION
8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR
PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN
PRACTICES, SO AS TO PROVIDE A DEFINITION FOR
"ELECTION OFFICIAL" AND TO AMEND THE DEFINITION
OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A
CANDIDATE AND AN ELECTION OFFICIAL.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 8-13-1300 of the 1976 Code is amended by
adding an appropriately numbered item to read:
"( ) (a) `Anything of value' or `thing of value' means:
(i) a pecuniary item, including money, a bank bill, or a
bank note;
(ii) a promissory note, bill of exchange, an order, a draft,
warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for
an advance, a conveyance, forgiveness of indebtedness, deposit,
distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an
entity;
(v) a receipt given for the payment of money or other
property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift,
tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal
transportation;
(xi) real property or an interest in real property, including
title to realty, a fee simple or partial interest in realty including
present, future, contingent, or vested interests in realty, a leasehold
interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory
worth to a person.
(b) `Anything of value' or `thing of value' does not mean:
(i) printed informational or promotional material, not to
exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars,
containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does
not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related
to the public official's, public member's, or public employee's official
responsibilities;
(v) an honorary degree bestowed upon a public official,
public member, or public employee by a public or private university
or college;
(vi) promotional or marketing items offered to the general
public on the same terms and conditions without regard to status as
a public official or public employee; or
(vii) campaign contribution properly received and reported
under the provisions of this chapter."
SECTION 2. Section 8-13-1300 of the 1976 Code is amended by
adding an appropriately numbered item to read:
"( ) 'Election official' means a member or employee of a
municipal, county, or state election commission, whether elected or
appointed; a member or employee of a county voter registration
board, whether elected or appointed; a member or employee of a
combined election commission and voter registration board, whether
elected or appointed; if he is conducting an election, a member or
employee of a municipal, county, or state party executive committee,
whether elected or appointed; and a municipal, county, or state poll
manager."
SECTION 3. Section 8-13-1300(30) of the 1976 Code is amended
to read:
"(30) 'Transfer' means the movement or exchange of funds or
anything of value between committees and candidates, between
a candidate and an election official, or between a committee and an
election official, except the disposition of surplus funds or
material assets by a candidate to a party committee, as provided in
this article."
SECTION 4. Article 13, Title 8 of the 1976 Code is amended by
adding:
"Section 8-13-1315. (A) A candidate or committee may not,
directly or indirectly, give, transfer, offer, or promise anything of
value to an election official. An election official may not, directly or
indirectly, ask for, demand, exact, solicit, seek, accept, assign,
receive, or agree to receive anything of value from a candidate or
committee. This section does not prohibit (1) an election official
from receiving a salary for employment with a candidate or
committee if that employment is not related to an elective office or a
campaign for elective office and (2) an election official from
accepting food and beverages at an appreciation dinner, reception, or
other similar function hosted by a candidate within thirty days after
the election in which he was a candidate.
(B) The provisions of subsection (A) apply from the time a
candidate files for office or files a petition until the time a candidate
files a final campaign report."
SECTION 5. This act takes effect upon approval by the Governor.
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