South Carolina General Assembly
118th Session, 2009-2010

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Bill 3066

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 5, 2010

H. 3066

Introduced by Reps. Ballentine, Haley, J.R. Smith, Hamilton, Wylie, Simrill, Huggins, E.H. Pitts, Cobb-Hunter, Harrell, G.M. Smith, Gullick, J.E. Smith, Merrill, Phillips, Jennings, Owens, G.R. Smith, Daning, Rice, Knight, Funderburk, Harrison, Crawford, Kirsh, Bedingfield, Allison, Stringer, T.R. Young, Agnew, Gunn, Bingham, Toole, Millwood, Stavrinakis, Miller, Battle, Hutto, Erickson, Clemmons, Horne, Lucas, Bales, Whipper and R.L. Brown

S. Printed 5/5/10--S.

Read the first time February 23, 2010.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3066) to amend Section 8-13-365, Code of Laws of South Carolina, 1976, relating to electronic filing of campaign disclosures and reports, so as to make it, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 2, lines 5-33 on page 2.

Renumber sections to conform.

Amend title to conform.

GEORGE E. CAMPSEN III for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The State Ethics Commission estimates the bill will require that the commission incur some administrative costs and postage to notify all filers of the electronic filing requirement; and, to return all paper copies of forms received. The commission estimates these costs should not exceed $5,000.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 8-13-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRONIC FILING OF CAMPAIGN DISCLOSURES AND REPORTS, SO AS TO MAKE IT APPLICABLE TO COUNTY, SCHOOL BOARD, AND MUNICIPAL ELECTIONS IN ADDITION TO STATEWIDE ELECTIONS; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE REQUIREMENT TO FILE CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THAT THEY MUST BE FILED FORTY-EIGHT HOURS AFTER THEIR RECEIPT STARTING AFTER THE FILING OF THE PRE-ELECTION REPORT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 8-13-365(A) of the 1976 Code, as added by Act 76 of 2003, is amended to read:

"(A)    The commission must shall establish a system of electronic filing for all disclosures and reports required pursuant to Article 13 of Chapter 13, of Title 8 and Chapter 17, Title 2 from all candidates persons and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide offices must be filed using an Internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet-based system. The information contained in the campaign reports and disclosure form forms, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable."

SECTION    2.    Section 8-13-1308(D) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"(D)(1)    At least fifteen days before an election, After the filing of the pre-election report, a contribution received before the election must be reported within forty-eight hours and a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must shall maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request.

(2)    A committee immediately shall file within forty-eight hours a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, in excess of:

(a)    ten thousand dollars in the case of a candidate for statewide office; or

(b)    two thousand dollars in the case of a candidate for any other office.

(3)    In the event of If a runoff election occurs, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff."

SECTION    3.    This act takes effect upon approval by the Governor.

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