S 291 Session 110 (1993-1994)
S 0291 General Bill, By McConnell
A Bill to amend Section 8-13-1300, relating to the definitions regarding
campaign practices, so as to delete references to "ballot measure", add
references to "ballot measure", and define "governmental entity"; and to amend
Section 8-13-1346, relating to the use of public funds, property, or time to
influence the outcome of an election, so as to set forth the circumstances in
which a public entity is authorized to use public funds, property, or time on
a ballot measure.
01/26/93 Senate Introduced and read first time SJ-26
01/26/93 Senate Referred to Committee on Judiciary SJ-26
03/03/93 Senate Committee report: Favorable with amendment
Judiciary SJ-11
03/04/93 Senate Amended SJ-15
03/04/93 Senate Read second time SJ-15
03/09/93 Senate Read third time and sent to House SJ-18
03/10/93 House Introduced and read first time HJ-5
03/10/93 House Referred to Committee on Judiciary HJ-6
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 4, 1993
S. 291
Introduced by SENATOR McConnell
S. Printed 3/4/93--S.
Read the first time January 26, 1993.
A BILL
TO AMEND SECTION 8-13-1300, RELATING TO THE
DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO
DELETE REFERENCES TO "BALLOT MEASURE",
ADD REFERENCES TO "BALLOT MEASURE", AND
DEFINE "GOVERNMENTAL ENTITY"; AND TO
AMEND SECTION 8-13-1346, RELATING TO THE USE OF
PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE
OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE
CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS
AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME
ON A BALLOT MEASURE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1300(7) of the 1976 Code, as added by
act number 248 of 1991, is amended to read:
"(7) `Contribution' means a gift, subscription, loan,
guarantee upon which collection is made, forgiveness of a loan, an
advance, in-kind contribution or expenditure, a deposit of money, or
anything of value made to a candidate or committee to influence an
election or ballot measure; or payment or compensation for the
personal service of another person which is rendered for any purpose
to a candidate or committee without charge. `Contribution' does not
include volunteer personal services on behalf of a candidate or
committee for which the volunteer receives no compensation from any
source."
SECTION 2. Section 8-13-1300(9) of the 1976 Code, as added by
act number 248 of 1991, is amended to read:
"(9) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate
a candidate; or
(c) the election of delegates to a constitutional convention for
proposing amendments to the Constitution of the United States or the
Constitution of this State; or
(d) a ballot measure."
SECTION 3. Section 8-13-1300(17) of the 1976 Code, as added by
act number 248 of 1991, is amended to read:
"(17) `Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or
defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made
by a person expressly to urge a particular result in an election but
which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of
a candidate.
Expenditures by party committees or expenditures by legislative
caucus committees based upon party affiliation are considered to be
controlled by, coordinated with, requested by, or made upon
consultation with a candidate or an agent of a candidate."
SECTION 4. Section 8-13-1300(23) of the 1976 Code, as added by
act number 248 of 1991, is amended to read:
"(23) `Noncandidate committee' means a committee that is
not a campaign committee for a candidate but is organized to
influence an election or to support or oppose a candidate,
or public official, or ballot measure, which receives
contributions or makes expenditures in excess of five hundred dollars
in the aggregate during an election cycle. `Noncandidate committee'
does not include political action committees that contribute solely to
federal campaigns."
SECTION 5. Section 8-13-1300 of the 1976 Code, as added by act
number 248 of 1991, is amended by adding an appropriately numbered
item to read:
"( ) `Governmental entity' means the State, a county,
municipality, or political subdivision. `Governmental entity' also
means any charitable organization or foundation, but not an athletic
organization or athletic foundation, which is associated with a state
educational institution and which is organized to raise funds for the
academic, educational, research, or building programs of a college or
university."
SECTION 6. Section 8-13-1346 of the 1976 Code, as added by act
number 248 of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or
authorize the use of public funds, property, or time to influence the
outcome of an election.
(B) This section does not prohibit the incidental use of
time and materials for preparation of a newsletter reporting activities
of the body of which a public official is a member.
(C) This section does not prohibit a governmental entity's use
of public funds, property, or time to conduct a ballot measure or to
print, broadcast, or distribute educational material on the merits,
benefits, restrictions, and weaknesses of each question presented by a
ballot measure. A governmental entity may use public funds,
property, or time in an effort to encourage voters to vote; however, a
governmental entity may not use public funds, property, or time in an
attempt to influence the outcome of a ballot measure."
SECTION 7. This act takes effect upon approval by the Governor.
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