H 3406 Session 109 (1991-1992)
H 3406 General Bill, By Hayes, T.L. Farr, P.B. Harris, D.N. Holt, Martin,
Neilson and Sheheen
A Bill to enact "The Ethics in Government Act of 1991" by amending Sections
8-13-20, as amended, 8-13-120, 8-13-230, 8-13-240, 8-13-250, 8-13-260,
8-13-420, 8-13-460, 8-13-620, 8-13-810, 8-13-820, and 8-13-1010, Code of Laws
of South Carolina, 1976, relating to ethics in government and campaign
practices, so as to revise and add definitions, revise complaint procedures
for the State Ethics Commission and the Legislative Ethics Committees, to
authorize additional dispositions for legislative Ethics Committees and
provide for appeals, to provide for the appropriate action in the House of
Representatives and Senate on receiving a report of the appropriate
Legislative Ethics Committee or an appeal from the committee action, to
provide for the suspension of a member of the General Assembly indicted for
certain crimes and his expulsion on conviction, or reinstatement after
prevailing on appeal, to establish additional offenses relating to public
corruption, make the offense a felony, increase the penalty and include
forfeiture of office, to revise the procedure excusing members of the General
Assembly from voting on matters that are a conflict of interest, to require
additional campaign contribution reporting, to require additional persons to
file statements of economic interest, to require a person required to file a
statement of economic interest to disclose the state government agencies
before which he appears, to amend the 1976 Code by adding Sections 8-13-245,
8-13-495, 8-13-615, 8-13-635, 8-13-637, 8-13-639, 8-13-641, 8-13-643,
8-13-645, 8-13-647, 8-13-649, 8-13-651, 8-13-653, 8-13-655, 8-13-657,
8-13-659, 8-13-661, 8-13-663, 8-13-665, 8-13-667, 8-13-669, 8-13-671,
8-13-673, 8-13-675, 8-13-677, 8-13-679, 8-13-681, 8-13-683, 8-13-685, and
8-13-687, so as to reduce conflicts of interest, prohibit a public official
from accepting an honorarium, to limit and regulate campaign contributions, to
regulate candidate committees and political action committees, to provide for
the use of surplus campaign funds, to prohibit the use of public funds to
influence elections and to require distribution of the ethics laws to
candidates; to amend Sections 2-17-10, 2-17-20, 2-17-30, 2-17-40, and 2-17-60,
relating to regulation of lobbying, so as to require additional regulation of
lobbying, including higher registration fees, additional reporting, and
increased criminal penalties; to amend the 1976 Code by adding Sections
2-17-25, 2-17-35, 2-17-45, 2-17-55, and 2-17-65 so as to provide for the
additional regulation of lobbying, including civil penalties for violations;
and to amend Section 16-1-10, as amended, enumerating offenses classified as
felonies, so as to include as a felony the offense of corruptly giving,
offering, promising, or accepting gifts and gratuities to public officials.
01/31/91 House Introduced and read first time HJ-462
01/31/91 House Referred to Committee on Judiciary HJ-463
A BILL
TO ENACT "THE ETHICS IN GOVERNMENT ACT OF
1991" BY AMENDING SECTIONS 8-13-20, AS AMENDED,
8-13-120, 8-13-230, 8-13-240, 8-13-250, 8-13-260, 8-13-420, 8-13-460,
8-13-620, 8-13-810, 8-13-820, AND 8-13-1010, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ETHICS IN
GOVERNMENT AND CAMPAIGN PRACTICES, SO AS TO REVISE
AND ADD DEFINITIONS, REVISE COMPLAINT PROCEDURES
FOR THE STATE ETHICS COMMISION AND THE LEGISLATIVE
ETHICS COMMITTEES, TO AUTHORIZE ADDITIONAL
DISPOSITIONS FOR LEGISLATIVE ETHICS COMMITTEES AND
PROVIDE FOR APPEALS, TO PROVIDE FOR THE APPROPRIATE
ACTION IN THE HOUSE OF REPRESENTATIVES AND SENATE
ON RECEIVING A REPORT OF THE APPROPRIATE
LEGISLATIVE ETHICS COMMITTEE OR AN APPEAL FROM THE
COMMITTEE ACTION, TO PROVIDE FOR THE SUSPENSION OF
A MEMBER OF THE GENERAL ASSEMBLY INDICTED FOR
CERTAIN CRIMES AND HIS EXPULSION ON CONVICTION, OR
REINSTATEMENT AFTER PREVAILING ON APPEAL, TO
ESTABLISH ADDITIONAL OFFENSES RELATING TO PUBLIC
CORRUPTION, MAKE THE OFFENSE A FELONY, INCREASE THE
PENALTY AND INCLUDE FORFEITURE OF OFFICE, TO REVISE
THE PROCEDURE EXCUSING MEMBERS OF THE GENERAL
ASSEMBLY FROM VOTING ON MATTERS THAT ARE A
CONFLICT OF INTEREST, TO REQUIRE ADDITIONAL
CAMPAIGN CONTRIBUTION REPORTING, TO REQUIRE
ADDITIONAL PERSONS TO FILE STATEMENTS OF ECONOMIC
INTEREST, TO REQUIRE A PERSON REQUIRED TO FILE A
STATEMENT OF ECONOMIC INTEREST TO DISCLOSE THE
STATE GOVERNMENT AGENCIES BEFORE WHICH HE
APPEARS, TO AMEND THE 1976 CODE BY ADDING SECTIONS
8-13-245, 8-13-495, 8-13-615, 8-13-635, 8-13-637, 8-13-639, 8-13-641,
8-13-643, 8-13-645, 8-13-647, 8-13-649, 8-13-651, 8-13-653, 8-13-655,
8-13-657, 8-13-659, 8-13-661, 8-13-663, 8-13-665, 8-13-667, 8-13-669,
8-13-671, 8-13-673, 8-13-675, 8-13-677, 8-13-679, 8-13-681, 8-13-683,
8-13-685, AND 8-13-687, SO AS TO REDUCE CONFLICTS OF
INTEREST, PROHIBIT A PUBLIC OFFICIAL FROM ACCEPTING
AN HONORARIUM, TO LIMIT AND REGULATE CAMPAIGN
CONTRIBUTIONS, TO REGULATE CANDIDATE COMMITTEES
AND POLITICAL ACTION COMMITTEES, TO PROVIDE FOR THE
USE OF SURPLUS CAMPAIGN FUNDS, TO PROHIBIT THE USE
OF PUBLIC FUNDS TO INFLUENCE ELECTIONS AND TO
REQUIRE DISTRIBUTION OF THE ETHICS LAWS TO
CANDIDATES; TO AMEND SECTIONS 2-17-10, 2-17-20, 2-17-30,
2-17-40, AND 2-17-60, RELATING TO REGULATION OF
LOBBYING, SO AS TO REQUIRE ADDITIONAL REGULATION OF
LOBBYING, INCLUDING HIGHER REGISTRATION FEES,
ADDITIONAL REPORTING, AND INCREASED CRIMINAL
PENALTIES; TO AMEND THE 1976 CODE BY ADDING
SECTIONS 2-17-25, 2-17-35, 2-17-45, 2-17-55, AND 2-17-65 SO AS
TO PROVIDE FOR THE ADDITIONAL REGULATION OF
LOBBYING, INCLUDING CIVIL PENALTIES FOR VIOLATIONS;
AND TO AMEND SECTION 16-1-10, AS AMENDED,
ENUMERATING OFFENSES CLASSIFIED AS FELONIES, SO AS
TO INCLUDE AS A FELONY THE OFFENSE OF CORRUPTLY
GIVING, OFFERING, PROMISING, OR ACCEPTING GIFTS AND
GRATUITIES TO PUBLIC OFFICIALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Items (i) and (j) of Section 8-13-20 of the 1976
Code are amended to read:
"(i) `Anything of value' means any an item,
article, money, or thing of monetary worth but shall not
include food and beverage of nominal cost which is consumed at the
time presented and in the presence of the donor and any item of nominal
value not to exceed ten dollars;."
"(j) `Contribution' means (1) gift, subscription, loan,
advance, in kind, service, or deposit of money or anything of value,
made for the purpose of influencing the nomination for election, or
election or appointment of any person to elective or appointed public
office; (2) a transfer of funds between political committees; (3) the
payment, by any a person other than a candidate or
political committee, of compensation for the personal services of another
person which are rendered to such the candidate or
committee without charge for any such the
purpose.; (4) the purchase of tickets for an event such as
a meal reception, rally, and a similar fund raising event; (5)the
candidate's own money used on behalf of his candidacy.
Notwithstanding the meanings of `contribution'
`Contribution' herein in this item, the word
shall must not be construed to include services provided
without compensation by individuals volunteering a portion or all of
their time on behalf of a candidate or political committee for which time
they receive no compensation from any source;".
(B) Section 8-13-20 of the 1976 Code is amended by adding:
"(m) `Candidate committee' means the committee
designated by a candidate to (1) promote the candidate's candidacy; and
(2) serve as the recipient of all contributions and the disburser of all
expenditures;
(n) `Income' means the receipt or promise of any
consideration, whether or not legally enforceable;
(o) `Political action committee' means a committee, other
than a candidate committee which expends in excess of five hundred
dollars in a year;
(p) `Jurisdiction' means this State or a political subdivision
of this State;
(q) `Party committee' means a committee established by a
political party;
(r) `Immediate family' means a child residing in a candidate's
household, a spouse of a candidate, or an individual claimed by that
candidate or that candidate's spouse as a dependent for federal income
tax purposes."
SECTION 2. Section 8-13-120(e) of the 1976 Code is amended to
read:
"(e) To make investigations with respect to statements filed
with the commission under the provisions of this chapter, and with
respect to alleged failures to file any such the statement
and, upon on complaint by any a part
of this chapter by any a public official or public
employee except members of the General Assembly. The
commission may act on the filing of a complaint by an individual or on
its own initiative. All such complaints by any individual
allegations with respect to alleged violations whether by
complaint or on the commision's own initiative shall
must be investigated by the State Ethics Commission and a
determination made thereon. Provided, however, that no
No complaint shall may be accepted by the
commission concerning a candidate for elective office in the fifty-day
period prior to any before an election in which he is a
candidate and any a complaint filed against such
the candidate which was received more than fifty days prior
to such before the election shall must be
disposed of by the commission or by dismissal of such
the complaint not less no fewer than forty days
prior to before the election. The provisions of the above
proviso shall sentence do not apply to complaints
received concerning candidates who qualify within fifty days of an
election.
If an alleged violation is found to be groundless by the commission,
the entire matter shall must be stricken from public
record. If, in the opinion of the commission, the complaining party was
motivated by malice or reason contrary to the spirit of this chapter, in
filing the complaint without just cause, the finding shall
must be reported to appropriate law enforcement authorities.
The wilful filing of a complaint without just cause or with malice
shall be is punishable as a misdemeanor.
Any A person filing a complaint under such
these circumstances shall be deemed is guilty
of a misdemeanor and, upon conviction, shall
must be fined not more than two thousand dollars or be
imprisoned for not more than two years, or both.
No complaint shall may be accepted which is filed
later than three years after the alleged violation occurred."
SECTION 3. Section 8-13-230 of the 1976 Code is amended by adding:
"(5) On their own initiative investigate possible violations
of breach of a privilege of the appropriate house, misconduct of a
member, or a violation of the provisions of this chapter."
SECTION 4. Section 8-13-240 of the 1976 Code is amended to read:
"Section 8-13-240. Each committee shall conduct its
investigations of complaints in the following manner:
(a) When a complaint is filed with the committee, a copy
shall must promptly be sent to the person alleged to
have committed the violation. If the committee determines the complaint
does not allege facts sufficient to constitute a violation, the complaint
shall must be dismissed and the complainant and
respondent notified. If, in the opinion of the committee, the complaining
party was motivated by malice or reason contrary to the spirit of this
chapter, in filing the complaint without just cause, the finding
shall must be reported to appropriate law enforcement
authorities. The wilful filing of a complaint without just cause or with
malice shall be is punishable as a
misdemeanor. Any A person filing a complaint under
such these circumstances shall be deemed
is guilty of a misdemeanor and, upon
conviction, shall must be fined not more than
two thousand dollars or be imprisoned for not more than two
years, or both. If the committee determines the complaint does
allege facts sufficient to constitute a violation, it shall promptly
investigate the alleged violation. If after such the
preliminary investigation the committee finds that probable cause exists
to support an alleged violation, it shall, as appropriate (a) (1) render an advisory opinion to the respondent and require the
respondent's compliance therewith with the opinion
within a reasonable time, or (b) (2) convene a formal
hearing on the matter within thirty days after making such
the determination of probable cause or within thirty days of the
respondent's failure to comply with the advisory, whichever comes later.
All committee investigations and records relating to the preliminary
investigation shall be are confidential. No complaint
shall may be accepted which is filed later than three
years after the alleged violation occurred.
(b) If a hearing is to be held, the respondent shall be allowed
to may examine and make copies of all evidence in the
committee's possession relating to the charges. At the hearing the
charged party shall must be afforded appropriate due
process protection consistent with state administrative procedures,
including the right to be represented by counsel, the right to call and
examine witnesses, the right to introduce exhibits, and the right
to cross-examine opposing witnesses. All hearings shall
must be conducted in executive session.
(c) After the hearing, the committee shall determine its findings of
fact. If the committee, based on competent and substantial evidence,
finds the respondent has violated the provisions of this chapter, it
may shall: (1) administer a public or private
reprimand which may be appealed to the full legislative body; (2)
recommend expulsion of members; and/or (3) in the case of an alleged
criminal violation, refer the matter to the Attorney General for
investigation. The committee shall report its findings in writing to
the Speaker of the House or President Pro Tempore of the Senate, as
appropriate. Such The report shall
must be supported and signed by a majority of the committee
members. If the committee finds the respondent has not violated a code
or statutory provision, it shall dismiss the charges.
(d) No committee member shall may participate
in any a matter in which he is involved.
(e) An individual has ten days from the date of notification
of the committee's action to appeal a reprimand to the full legislative
body."
SECTION 5. Article 5, Chapter 13, Title 8 of the 1976 Code is amended
by adding:
"Section 8-13-245. Each committee, in the performance of its
duties, may utilize the resources of state agencies."
SECTION 6. Section 8-13-250 of the 1976 Code is amended to read:
"Section 8-13-250. The presiding officer of the House or
Senate shall call the House or Senate into open session as a committee
of the whole immediately upon receipt of the committee's
report, without compensation, to consider the report of the
appropriate Ethics Committee or any an appeal from the
action or report of the committee at such the time
as the presiding officer deems considers
necessary. Upon On receiving a report of the
committee which alleges a violation recommends expulsion,
or on an appeal, the Speaker or the President Pro Tempore shall
present such the report or appeal to the
legislative body concerned, which body shall thereupon:
(a) recommend a public or private reprimand; sustain the
committee's findings; or
(b) dismiss the charges; or
(b) (c) expel the member charged in accordance
with Section 12, of Article III of the Constitution of this
State; or.
(c) in the case of an alleged criminal violation, refer the matter to
the Attorney General for appropriate action; or
(d) dismiss the charges.
Consideration of an ethics committee report by the House or the
Senate may or may not be done in executive session, as each body
shall decide decides, but the results of such
the consideration shall be are a matter of public
record."
SECTION 7. Section 8-13-260 of the 1976 Code is amended to read:
"Section 8-13-260. Notwithstanding any other
provision of this article, in the event If a member of the
Senate General Assembly is indicted,
or informed against, pleads guilty or nolo contendere to, or
is convicted of, a felony or an offense against the
election laws, the Senate or House of Representatives
may take disciplinary action as provided by Senate rule shall
suspend the member within twenty-four hours. Upon conviction or
pleading of nolo contendere of a member, the member must be
immediately expelled from the General Assembly.
If the conviction is vacated on appeal and no charges remain
against the member, the member is entitled to restitution of back pay and
restoration of all other benefits and privileges of membership of the
General Assembly."
SECTION 8. (A) Section 8-13-420 of the 1976 Code is amended to
read:
"Section 8-13-420. Whoever gives or offers to any public
official or public employee any compensation including a promise of
future employment to influence his action, vote, opinion or judgment as
a public official or public employee or such public official solicits or
accepts such compensation to influence his action, vote, opinion or
judgment shall be subject to the punishment as provided by Sections
16-9-210 and 16-9-220.
(A) A person may not, directly or indirectly, give, offer, or
promise anything of value to a public official or public employee; or a
person who has been elected or selected to be a public official or public
employee with the intent to:
(1) influence an official act;
(2) influence a public official or public employee, or
individual who has been selected to be a public official or public
employee, to commit, aid in committing, collude in, or allow fraud on
a state, county, or municipal entity; or
(3) induce a public official or public employee, or individual
who has been selected to be a public official or public employee, to
perform or fail to perform an act in violation of the public official's or
public employee's lawful duty.
(B) A public official or employee, or individual who has been
elected to be a public official or public employee, may not, directly or
indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or
agree to receive anything of value for himself or for another person or
entity, in return for being:
(1) influenced in the performance of an official act;
(2) influenced to commit, aid in committing, collude in, allow
fraud, or make an opportunity for the commission of fraud on a state,
county, or municipal government entity; or
(3) induced to perform or fail to perform an act in violation of
the public official's or public employee's official duty.
(C) A person may not, directly or indirectly, give, offer, or
promise to give anything of value to another person or entity, with intent
to influence testimony under oath or affirmation in a trial or other
proceeding before:
(1) a court;
(2) a committee of either house or both houses of the General
Assembly; or
(3) an agency, commission, or officer authorized to hear
evidence or take testimony, or with intent to influence a witness to fail
to appear.
(D) A person may not, directly or indirectly, ask, demand, exact,
solicit, seek, accept, assign, receive, or agree to receive anything of
value in return for influencing testimony under oath or affirmation in a
trial or other proceeding before:
(a) a court;
(b) a committee of either house or both houses of the General
Assembly; or
(c) an agency, commission, or officer authorized to hear evidence
or take testimony or with intent to influence a witness to fail to appear.
(E) Subsections (C) and (D) of this section do not prohibit the
payment or receipt of witness fees provided by law or the payment by
the party on whose behalf a witness is called and receipt by a witness of
the reasonable cost of travel and subsistence at a trial, hearing, or
proceeding, or, in the case of an expert witness, of the reasonable cost
of travel and subsistence at a trial, hearing, or proceeding, or, in the case
of an expert witness involving a technical or professional opinion, a
reasonable fee for time spent in the preparation of the opinion, and in
appearing or testifying.
(F) A person who violates this section, upon conviction, is guilty
of a felony and must forfeit his office, is forever disqualified to hold a
public office, trust, or appointment under the laws of this State and must
be punished by imprisonment for not more than ten years and by a fine
of not more than ten thousand dollars.
(G) The provisions of this section shall do not
apply to political contributions unless such the
contributions are conditioned upon the performance of specific actions
of the person accepting such the contributions nor
shall do they prohibit a parent, grandparent, or
relative from making a gift to a child, grandchild, or other close relative
for love and affection except as hereinafter otherwise
provided."
(B) The felony offenses provided in Section 8-13-420 of the 1976
Code, as amended by Section 8(A), Part I of this act, are added to the list
of crimes classified as felonies in Section 16-1-10 of the 1976 Code.
SECTION 9. Section 8-13-460(b) of the 1976 Code is amended to
read:
"(b) If he is a legislator, he shall deliver a copy of
such the statement to the presiding officer of his
legislative branch. The presiding officer if requested by the
legislator shall cause such statement to be printed in the journal and,
upon request, shall excuse a legislator from votes, deliberations, and
other action on the matter on which a potential conflict exists;
provided, however, any statement delivered within twenty-four hours
after the action or decisions shall be deemed to be in compliance with
this section."
SECTION 10. Article 7, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-495. A public official or public employee
must not have an interest in a contract with the State or its political
subdivisions if the public official or public employee is authorized to
perform an official function relating to the contract. This section is not
intended to infringe on or prohibit public employment contracts with this
State or a political subdivision of this State."
SECTION 11. Article 9, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-615. All public officials and public employees,
when filing a statement of economic interest, shall disclose retainers,
legal fees, and all other income earned from companies and
organizations that employ a lobbyist."
SECTION 12. Section 8-13-620 of the 1976 Code is amended to read:
"Section 8-13-620. Any A candidate for
office or any committee working on behalf of a candidate for office, or
any a duly organized group or political party receiving
or soliciting funds for the support of a political candidate or candidates
shall maintain a record of all funds and contributions received, with the
name and amount of each individual or group contributing more than
one hundred dollars and to what candidate such the
contribution was made. Duplicate, certified originals of
such the list showing the names of all contributors of
more than one hundred dollars shall must be filed with
the appropriate supervisory office fifteen days before and
within thirty days after each election in which such the
contributions are sought or received. In nonelection years, a report
must be filed no later than January tenth. Any such candidate,
or committee, or group or party shall maintain a current list of all
contributors in the amount of more than one hundred dollars during the
two-week period prior to the election, All reports which
shall must be open to public inspection upon
on request. Each report must contain all contributions
received up to five days before the report due date. When a final
list is filed with the supervisory office such the
candidate or group receiving such the funds shall file a
certified report stating the amounts expended and for what purposes,
how much is retained and what its ultimate distribution shall be. All
reports must include the:
(1) name of the legislative or executive official in whose
behalf a contribution was made;
(2) name of the person receiving the contribution;
(3) name and address of every person making the contribution;
(4) amount of the contribution;
(5) date the contribution was made; and
(6) item contributed if other than a monetary contribution or
expenditure.
The report due thirty days after the election must contain all
individual expenditures made up to five days before the report due date.
The individual expenditures must disclose date of expenditure, purpose
of expenditure, amount of expenditure, and to whom the expenditure
was made. Expenditures less than ten dollars may be grouped and
reported as other expenditures.
The appropriate supervisory office may assess a person who files a
late statement or fails to file a required statement a civil penalty as
follows:
(1) a penalty of one hundred dollars if not filed within ten days
after the established deadline provided in this chapter;
(2) after notice has been given by certified or registered mail
that a required statement has not been filed, a penalty of ten dollars a day
for each additional calendar day in which the required statement is not
filed, not to exceed a total penalty of five hundred dollars."
SECTION 13. Article 9, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-635. For purposes of the contribution
limitations pursuant to Sections 8-13-63 and 8-13-639, the following
apply:
(1) All contributions made by a political committee whose
contribution or expenditure activity is financed, maintained, or
controlled by a corporation, labor organization, association, political
party, or other person or committee, including a parent, subsidiary,
branch, division, department, or local unit of the corporation, labor
organization, association, political party, or other person, or by a group
of these persons are considered made by the same political committee.
(2) Two or more entities are treated as a single entity if they:
(a) share the majority of members on their board of directors;
(b) share two or more officers;
(c) are owned or controlled by the same majority shareholder or
shareholders;
(d) are in a parent-subsidiary relationship or have bylaws
stating that they are a parent-subsidiary.
(3) A candidate committee and a committee other than a
candidate committee are treated as a single committee if the committees
both have the candidate or a member of the candidate's immediate family
as an officer.
Section 8-13-637. A person or political committee may not make
to a candidate or candidate committee and a candidate or candidate
committee may not accept from an individual, contributions aggregating
more than five thousand dollars for Governor or other statewide elective
office or one thousand dollars for the Senate and House of
Representatives, multi-county, county, or municipal candidates for a
calendar year. This limitation does not apply to a candidate making a
contribution to his own campaign, party committee, or a legislative
caucus committee.
Section 8-13-639. A candidate or candidate committee may not
accept from a party committee or legislative caucus committee more
than:
(1) one hundred thousand dollars an election in the case of a
candidate for Governor or other statewide elective office;
(2) twenty-five thousand dollars an election in the case of a
candidate for Senate, House of Representatives, multi-county, county,
or municipal office.
Section 8-13-641. Contributions by spouses are considered
separate contributions and not aggregated. Contributions by
unemancipated children under eighteen years of age are considered
contributions by their parents and attributed proportionately to each
parent. Fifty percent of the contributions are attributed to each parent or,
in the case of a single custodial parent, the total amount is attributed to
the parent.
Section 8-13-643. A person may not make to a candidate or
candidate committee and a candidate or candidate committee may not
accept an anonymous contribution. The recipient of an anonymous
contribution may not keep the contribution but within seven days shall
remit the contribution to the State Treasurer for deposit in the general
fund of the State.
Section 8-13-645. An individual may not make to a candidate or
candidate committee and a candidate or candidate committee may not
accept a cash contribution in excess of fifty dollars. The recipient of a
cash contribution in excess of fifty dollars may not keep the excess
contribution but within seven days shall remit the contribution to the
State Treasurer for deposit in the general fund of the State.
Section 8-13-647. No public official acting in an official capacity
may receive a monetary honorarium for speaking before public or
private groups, other than for actual expenses incurred.
Section 8-13-649. A person who contracts with this State or a
political subdivision of this State, either for rendering personal services
or for furnishing material, supplies, or equipment to the jurisdiction, or
for selling land or a building to the jurisdiction, if the value of the
transaction exceeds five thousand dollars may not make a contribution
to a candidate or his candidate committee when the candidate is an
official of the jurisdiction, who has authority in determining who
receives the contract during the period between the beginning of
negotiations for, and during either:
(a) the completion of the performance under the contract; or
(b) the termination of negotiations for the contract, whichever
occurs later.
Section 8-13-651. A candidate or candidate committee may not
accept, and a person may not offer to a candidate or candidate
committee, a campaign contribution if the office the candidate seeks
regulates the person making the contribution.
Section 8-13-653. A public utility may not include in operating
expenses a contribution or expenditure to influence an election or to
operate a political action committee. A labor organization may not use
agency shop fees paid by an individual who is not a member of the
organization to make contributions or expenditures to influence an
election or to operate a political action committee, unless affirmatively
authorized by the individual. A person may not solicit from a candidate,
committee, political party, or other person, money, or other property as
a condition or consideration for an endorsement, article, or other
communication in the news media promoting or opposing a candidate,
committee, or political party.
Section 8-13-655. Campaign funds may not be used to defray
personal living expenses for the candidate or the candidate's immediate
family which are unrelated to the campaign or the officer if the candidate
is an officeholder. This section does not apply to the payment of
reasonable and necessary travel expenses, or to food or beverages
consumed by the candidate or his immediate family in connection with
the campaign. An expenditure may only be made by a candidate or
committee to influence or attempt to influence the actions of voters for
or against the nomination or election of a candidate to the office for
which the candidate has filed or for officeholder expenses. An
expenditure may not be made if it is clear from the surrounding
circumstances that it was not made for these purposes.
Section 8-13-657. A campaign expenditure of more than
twenty-five dollars:
(1) may not be made in cash; and
(2) must be made by written instrument drawn upon the campaign
account containing the name of the candidate or committee and the name
of the recipient.
An expenditure not made with a written instrument must be
accounted for by a written receipt.
An expenditure may not be made other than for overhead or normal
operating expenses, by an agent, independent contractor, or advertising
agency, on behalf of or for the benefit of a candidate or candidate
committee unless the expenditure is reported by the candidate or
committee as if the expenditure were made directly by the candidate or
committee. The agent, independent contractor, or advertising agency
shall make all information required to be reported available to the
candidate or candidate committee.
Section 8-13-659. An expenditure must not be authorized or made
by a candidate committee while there is a vacancy in the office of
campaign treasurer.
Section 8-13-661. A candidate or a committee treasurer may
withdraw from the campaign account not more than one hundred dollars
to establish or replenish a petty cash fund for the candidate or candidate
committee at any time, but the fund may never exceed one hundred
dollars.
Section 8-13-663. A person may be chairman or treasurer, or both
chairman and treasurer, of the candidate committee. A candidate
committee officer shall accept the appointment, in writing, on the
statement of organization. A treasurer or agent of the committee must
be a resident of this State.
Section 8-13-665. When a vacancy occurs in a candidate
committee office, the candidate shall:
(1) notify the State Ethics Commission or appropriate ethics
committee no later than five business days after the vacancy;
(2) assume the duties and responsibilities of the vacant office;
and/or
(3) notify the State Ethics Commission or appropriate ethics
committee of the appointment of an officer to fill the vacancy.
If a candidate dies and there is no living candidate committee officer,
the executor of the candidate's estate shall dissolve the candidate
committee as soon as is practicable under terms of the dissolution
procedures provided under this chapter and the time limits imposed for
administering an estate.
Section 8-13-667. A candidate or candidate committee treasurer
shall maintain and preserve an account of:
(1) the total of contributions accepted by the candidate or
committee;
(2) the full name and address of each person making a
contribution, but persons contributing less than one hundred dollars to
a campaign may request the withholding of their name and address from
public disclosure by the State Ethics Commission or appropriate ethics
committee;
(3) the total of expenditures made by or on behalf of the candidate
or committee;
(4) the full name and mailing address of each person to whom an
expenditure is made of more than one hundred dollars including the
date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proofs of
payment, with an explanation of each, for each expenditure.
The candidate or candidate committee treasurer shall maintain and
preserve all receipted bills and accounts required by this chapter for at
least four years from the date of the last required report. A report
submitted to the State Ethics Commission or appropriate ethics
committee must be signed by the treasurer, who shall attest to the
report's accuracy and veracity.
Section 8-13-669. A candidate or candidate committee shall
establish not more than one campaign checking account and one
campaign savings account. The accounts must be established in a
financial institution that conducts business within the State and in an
office located within the State that conducts business with the general
public. The candidate or candidate committee shall maintain the
accounts in the name of the candidate or candidate committee.
Acronyms may not be used. Expenses paid on behalf of a candidate or
candidate committee must be drawn from the campaign account and
issued on a check signed by the candidate or candidate committee
treasurer and/or the chairman. All contributions received by the
candidate or candidate committee treasurer, directly or indirectly, must
be deposited by the candidate or treasurer within ten days after receipt
in the campaign account. All contributions received by an agent of a
candidate or candidate committee must be forwarded to the candidate or
treasurer not later than five days after receipt. A candidate or candidate
committee shall disclose the location of its campaign accounts. A
contribution of one hundred dollars or more may not be deposited until
the candidate or candidate committee receives all the information about
the contributor required by Section 8-13-667(2).
Section 8-13-671. A political action committee, including an
out-of-state committee, which expends more than five hundred dollars
in a year shall file a statement of organization with the State Ethics
Commission or appropriate ethics committee no later than five days after
making the contribution or expenditure.
Section 8-13-673. The statement of organization of a candidate
committee must include:
(1) the full name of the candidate's committee;
(2) the party affiliation, if any, of the candidate;
(3) the complete mailing address and telephone number of the
candidate's residence address, if different from the mailing address;
(4) the date the committee was organized;
(5) the office being sought by the candidate or, in the case of a
recall election, the purpose of the committee;
(6) the full name, mailing address, telephone number, and
principal place of business of the chairman and the treasurer;
(7) the full name and address of the depository in which the
committee maintains its campaign account and the number of the
account.
(8) written acceptance of appointment by the chairman and
treasurer;
(9) a certification of the statement by the candidate and the
treasurer.
The candidate shall notify the State Ethics Commission or
appropriate ethics committee in writing of a change in information
previously reported in a statement of organization no later than ten
business days after the change.
Section 8-13-675. The statement of organization of a political
action committee must include:
(1) the full name of the committee;
(2) the complete mailing address and telephone number of the
committee;
(3) the date the committee was organized;
(4) the area, scope, or jurisdiction of the committee;
(5) an indication as to whether the committee is a political party
committee;
(6) the name and mailing address of a corporation or an
organization that sponsors the committee or is affiliated with the
committee. If the committee is not sponsored by or affiliated with a
corporation or an organization, the committee shall specify the trade,
profession, or primary interest of contributors to the committee;
(7) the full name, mailing address, telephone number, occupation,
and principal place of business of the chairman and treasurer;
(8) the full name, mailing address, telephone number, occupation,
and principal place of business of the custodian of the books and
accounts if other than the designated officers;
(9) the full name and address of the depository in which the
committee maintains its campaign account and the number of the
account;
(10) written acceptance of appointment by the chairman and treasurer;
(11) a certification of the statement by the chairman and the treasurer.
The name of the committee designated on the statement of
organization must incorporate the full name of the sponsoring entity, if
any. An acronym or abbreviation may be used in other communications
if the acronym or abbreviation is known commonly or clearly recognized
by the general public.
The chairman shall notify the State Ethics Commission or
appropriate ethics committee in writing of a change in information
previously reported in a statement of organization no later than ten
business days after the change.
Section 8-13-677. A candidate committee may not dissolve until
after a primary election or convention in which the candidate is defeated
for nomination or the general election in which the candidate is a
candidate by inclusion on the ballot or as a write-in candidate.
A party committee may dissolve only after the party itself dissolves.
A committee other than a party or candidate committee may dissolve
only after it determines that it no longer accepts contributions or make
expenditures.
A final report must be filed with the State Ethics Commission or
appropriate ethics committee. The form must be marked `final' and
include a list of the material assets worth fifty dollars or more and detail
their disposition.
If a committee owes or is owed money, the committee may dissolve
but shall report the status of the debts quarterly on the same schedule as
active committees until all debts are resolved. Methods of resolution
must be detailed.
Committee assets must be disposed of according to this chapter
before dissolution.
Section 8-13-679. At the time a final report is filed, a candidate or
committee deciding to terminate and having surplus assets shall either:
(1) deliver the surplus to the State Treasurer for deposit to the
general fund of the State;
(2) contribute the surplus to a charitable organization;
(3) contribute the surplus to a local, state, or national committee
or political party or to another candidate;
(4) return the surplus to the contributors on a pro rata basis;
(5) maintain the surplus for the candidate's next campaign.
Section 8-13-681. No candidate, committee, or political party shall
make an expenditure solely for the direct personal benefit of the
candidate, members of his immediate family, or any other person,
including, but not limited to, payment for clothing or medical or dental
expenses, mortgage or rental payments for a permanent resident, the
satisfaction of personal debts, including payments on personal loans,
except campaign loans that are required to be reported, personal
services, including the services of an attorney or accountant, except
campaign services required to be reported in the campaign statement.
Section 8-13-683. A person may not use or authorize the use of
public funds, property, or time to influence the outcome of an election.
A person may not use or authorize the use of public funds, property, or
time to produce, print, publish, broadcast, or otherwise disseminate
material designed or timed to influence the results of an election,
regardless of the lack of specific reference to the election.
A person may not print or distribute or cause to be printed or
distributed at public expense a newsletter or other mass mailing of
promotional material on behalf of a public official from the day the
official files a declaration of candidacy or petition for nomination
through the date of the election for the office.
A person may not distribute or post, or cause to be distributed or
posted, a communication designed to influence the outcome of an
election in a facility owned or leased by this State or a political
subdivision of this State unless the facility may be rented to the general
public. If a facility is rented to the general public, a person may not
distribute or post, or cause to be distributed or posted, a communication
on behalf of a candidate or candidate committee designed to influence
the outcome of an election except during the time the candidate or
candidate committee rents the facility.
A constitutional officer or a member of the General Assembly may
not accept a contribution on the grounds of the Capitol Complex.
A person may not solicit, verbally or in writing, a contribution on
behalf of himself or a candidate committee in a facility owned or leased
by this State or a political subdivision of this State where the person
maintains his office.
Section 8-13-685. An officeholder or the officeholder's agent
knowingly may not solicit, directly or indirectly, a contribution from an
employee in the officeholder's agency in a facility owned or leased by
this State in which the officeholder maintains his office. A public
official or employee may not provide an advantage or disadvantage to
an employee or applicant for employment in classified service
concerning the applicant's or employee's employment, conditions of
employment, or application for employment based on the employee or
applicant's contribution or promise to contribute, failure to make a
contribution, or contribute to a political party, a candidate, or
committee."
SECTION 14. Items (b), (d) and (e) of Section 8-13-810 of the
1976 Code are amended to read:
"(b) Salaried members of A person serving on
a state boards board, commissions
commission, council or agencies
agency;"
"(d) The city administrator, city manager or chief
municipal administrative official or employee, by whatever title
A county or municipal official and chief administrative officer or
employee;"
"(e) The county manager, county administrator, county
supervisor, or chief county administrative official or employee, by
whatever title; Reserved."
SECTION 15. Section 8-13-820 of the 1976 Code is amended by
adding:
"(4) A public official shall disclose before which
government agencies, boards, commissions, or councils he appears as
legal counsel."
SECTION 16. Article 9, Chapter 13, Title 8 of the 1976 Code is
amended by adding:
"Section 8-13-687. The appropriate supervisory office shall
provide a copy of this chapter to all candidates filing for public
office."
SECTION 17. Section 8-13-1010 of the 1976 Code is amended to
read:
"Section 8-13-1010. Except as otherwise specifically provided
for in this chapter and in Section Sections
16-9-210 and Section 16-9-220 of the 1976 Code,
any a person who willfully violates any
a provision of the chapter shall be deemed is
guilty of a misdemeanor and, upon conviction, must be fined
not more than one five thousand dollars or be
imprisoned for not more than ninety days or both."
PART II
Lobbying Reform
SECTION 1. Section 2-17-10 of the 1976 Code is amended to read:
"Section 2-17-10. When As used in this
chapter, the following terms shall have the meanings ascribed to
them in this section unless the context clearly indicates a different
meaning:
(a) `Person' means any an individual, firm,
partnership, committee, association, corporation and its
employees, or any other organization or group of persons.
(b)`Legislative agent' shall mean any person who is employed,
appointed or retained, with or without compensation, by another person
as defined in (a) above to influence in any matter the act or vote of any
member of the General Assembly of this State during any regular or
special session thereof upon or concerning any bill, resolution,
amendment, report, claim, act, or veto pending or to be introduced.
Reserved.
(c) `Lobbyist' shall mean the same as 'legislative agent' as defined
in (b) above. means a person who is employed, appointed, or
retained, with or without compensation, by another person to influence
in any manner the act or vote of a member of the General Assembly, the
Governor, other constitutional officers, or a state agency, board,
commission, or council concerning a bill, resolution, amendment,
standard, report, claim, act, rule, regulation, or veto pending or to be
introduced, or purchases and sales to a state agency, board, commission,
or council. `Lobbyist' also means an employee who is employed,
appointed, or retained, with or without compensation, by a state agency,
college, university, or other institution of higher learning to influence in
any manner the act or vote of a member of the General Assembly, the
Governor, or a state agency, board, commission, or council concerning
a bill, resolution, amendment, standard, report, claim, act, rule,
regulation, or veto pending or to be introduced, or purchases and sales
to a state agency, board, commission, or council. `Lobbyist' does not
include:
(1) an individual expressing a personal opinion on legislative
or administrative matters to a public official or public employee, or a
person who receives no compensation to engage in lobbying activities
and does not make expenditures or incur obligations in an aggregate
amount in excess of one thousand dollars to or for the benefit of a public
official or public employee in an annual filing period;
(2) a person who limits his lobbying activities to appearance
before public sessions of the General Assembly, committees of the
General Assembly, or public hearings of state agencies, public hearings
before a public body of a quasi-judicial nature, or proceedings of a court
of this State, if the person makes no expenditures for or on behalf of a
public official or public employee in connection with lobbying;
(3) an elected or appointed official or employee of this State,
the United States, a county, municipality, school district, or public
service district, when appearing solely on matters pertaining to his office
and public duties unless lobbying constitutes a regular and substantial
portion of the official's or employee's duties;
(4) a person performing professional services in drafting
legislation or in advising and rendering opinions to clients as to the
construction and effect of proposed or pending legislation where the
professional services are not otherwise, directly or indirectly, connected
with influencing legislative action;
(5) except with respect to a publication of a voluntary
membership organization, persons who own, publish, or are employed
by a radio station, television station, wire service, or other bona fide
news medium which in the ordinary course of business disseminates
news, editorials, columns, or other comments, if these persons engaged
in no further activities and represent no other person in connection with
a legislative matter.
(6) a person who is running for an office elected by the
General Assembly or persons soliciting votes on their behalf.
The term legislative agent when referred to in this chapter means
lobbyist.
(d) `Lobbying' shall be defined as direct communication
with members of the General Assembly or their staff to influence the
passage or defeat of legislation means the act of a person who
is employed, appointed, or retained, with or without compensation, by
another person to influence in any manner the act or vote of a member
of the General Assembly, the Governor, other constitutional officers, or
a state agency, board, commission, or council concerning a bill,
resolution, amendment, standard, report, claim, act, rule, regulation, or
veto pending or to be introduced, or purchases and sales to a state
agency, board, commission, or council.
(e) `Gifts' mean an item, entertainment, food, beverage, travel and
lodging given to a public official without the public official providing
full and adequate consideration.
(f) `Legislation' means bills, resolutions, amendments, nominations,
regulations, and other matters pending or proposed in either the House
or Senate and includes any other matter which may be the subject of
action by either house.
(g) `Compensation' means money, a thing of value, or economic
benefit conferred on or received by a person.
(h) `Public employee' means a person employed by this State or
a political subdivision of this State.
(i) `Public official' means a member of the General Assembly, a
constitutional officer, or a member of a state board, commission, or
council.
(j) `Anything of value' means an item, article, money, or thing of
monetary worth."
SECTION 2. Section 2-17-20 of the 1976 Code is amended to read:
"Section 2-17-20. Every person who employs any
a person to act as counsel or agent to promote or oppose in any
manner the passage by the General Assembly of any legislation
affecting the pecuniary interest of any a person
as distinct from those of the whole people of the
this State or to act in any a manner as
legislative counsel or agent in connection with any such
legislation shall, within ten days of such employment and in all
cases before appearing before committees of the General Assembly,
cause such the lobbyist, agent or counsel to register with
the Secretary of State State Ethics Commission as
later provided herein in this section. Each
person so registering shall pay a single annual fee of
ten two hundred dollars and present to the Secretary
of State State Ethics Commission a communication
reflecting the authority of the registrant to represent the person, firm,
corporation or association by whom he is employed. Lobbying
firms are not required to pay a registration fee. Each individual lobbyist
employed by lobbying firms shall pay the required registration fee.
However, a lobbyist who files an affidavit that he does not expend funds
or receive personal income from lobbying shall pay a fifty-dollar
registration fee. This communication shall also show the nature of
the group or association to be represented and the size and composition
of its membership. Based on this registration, each lobbyist or legislative
agent shall must be issued an identification card by the
Secretary of State State Ethics Commission which
card shall must be shown to the committee chairman
before the person can appear before any a legislative
committee. At all times, while on the Capitol Complex grounds or
while in a county or municipal government building, whether leased or
owned, where the county or municipal government conducts legislative
meetings, a registered lobbyist must have his registration card in his
possession.
The Secretary of State State Ethics Commission
shall furnish to each chairman of a standing and special
committee of the General Assembly and to the members
member of the General Assembly every three months
on a monthly basis, a list of all lobbyists registered with his
office.
State employees who are lobbyists are exempted from
registration fees."
SECTION 3. Chapter 17, Title 2 of the 1976 Code is amended by
adding:
"Section 2-17-25. No state agency, college, university, or
other institution of higher education may employ an individual for the
sole purpose of promoting or opposing legislation. This section is not
intended to prohibit a state agency, board, commission, or council from
using a state employee as a lobbyist."
SECTION 4. Section 2-17-30 of the 1976 Code is amended to read:
"Section 2-17-30. (A) No person shall
may be employed as a legislative counsel or agent for a
compensation dependent in any manner upon the passage or defeat of
any proposed legislation or upon any other contingency
connected with the action of the General Assembly or of either branch
or any a committee thereof of the General
Assembly.
(B) A lobbyist may not engage in a game of skill or chance
with a public official.
(C) A lobbyist may not knowingly make or cause to be made a
false statement to a legislative or executive official.
(D) A lobbyist may not cause the introduction of legislative or
executive action for the purpose of obtaining employment to lobby in
support of or in opposition to the legislative or executive action.
(E) A lobbyist may not serve as a treasurer for a candidate.
(F) A registered lobbyist may not deliver a campaign contribution,
other than his own, to a public official of this State."
SECTION 5. Chapter 17, Title 2 of the 1976 Code is amended by
adding:
"Section 2-17-35. No lobbyist may provide anything of
value to a public official or public employee, excluding nonalcoholic
beverages, except at a function to which the entire membership of the
House of Representatives or Senate, standing committee of either house,
joint legislative committee, subcommittee, legislative caucus, or county
delegation, county council, or city council is invited. At these functions,
no lobbyist or group of lobbyists may expend more than one hundred
dollars for each public official or public employee attending the
function.
No lobbyist or employer of a lobbyist may contribute to a candidate
or candidate committee a contribution in excess of two hundred and fifty
dollars in a calendar year.
A lobbyist or lobbyist principal may provide annually to a public
official and public employee or a public official or public employee may
accept two mementos of up to one hundred dollars each in value. Service
awards of a nonmonetary type may be given by a lobbyist or lobbyist
principal to a public official or public employee and a public official or
public employee may accept service awards."
SECTION 6. Section 2-17-40 of the 1976 Code is amended to read:
"Section 2-17-40. (A) It shall be the duty of
every Every legislative agent to shall file
annually within thirty days after the final adjournment of the General
Assembly quarterly no later than March thirty-first, June
thirtieth, September thirtieth, and December thirty-first of each year
a complete and itemized sworn statement of all contributions and
expenditures made, paid, incurred, or promised in connection
with promoting or opposing in any manner any legislation within the
terms of this chapter. A legislative agent with other duties is required to
report only that income or expense directly related to lobbying. The
report must include the following:
(1) name of the legislative or executive official in whose behalf
the payment was made;
(2) name of the person receiving the payment;
(3) name of the person making the payment;
(4) amount of the payment;
(5) date of the payment, and
(6) item presented if other than a monetary contribution or
expenditure.
A report These reports shall
must be filed annually whether or not contributions or
expenditures are made. Such The reports shall
must be in such the form as shall be
prescribed by the Secretary of State State Ethics
Commission and shall must be open to public
inspection. No legislative agent may be registered or reregistered under
the provisions of this chapter until compliance is made with this section.
(B) The State Ethics Commission shall:
(1) require a person to submit information pursuant to the
requirements of this chapter;
(2) In addition to any other penalty in this chapter, require a
person who files a late statement or fails to file a required statement to
be assessed a civil penalty as follows:
(a) a penalty of one hundred dollars if not filed within fifteen
days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered
mail by the State Ethics Commission that a required statement has not
been filed, a penalty of ten dollars a day for each additional calendar day
in which the required statement is not filed, not to exceed a total penalty
of five hundred dollars.
A legislative agent shall preserve for three years all accounts, bills,
books, papers, receipts, and other documents and records necessary to
substantiate the expenditure reports submitted under this act."
SECTION 7. Chapter 17, Title 2 of the 1976 Code is amended by
adding:
"Section 2-17-45. (A) A lobbyist's principal shall
maintain for three years records of contributions and expenditures. The
records must contain information on all contributions or expenditures
paid by the lobbyist's principal during the preceding three calendar
years. The records must record expenditures for the purpose of lobbying
according to the following categories:
(1) salaries, fees, and retainers paid for lobbyists;
(2) those portions of office rent, utilities, supplies, and
compensation of support personnel attributable to lobbying activities;
(3) other lobbying expenditures.
(B) For each legislative or executive official in whose behalf a
payment in one year was initiated or made by the lobbyist's principal, the
report must also include the:
(1) name of the legislative or executive official in whose
behalf the payment was made;
(2) name of the person receiving the payment;
(3) name of the person making the payment;
(4) amount of the payment;
(5) date of the payment; and
(6) item presented if other than a monetary contribution or
expenditure.
(C) The State Ethics Commission may:
(1) Require a person to submit information pursuant to the
requirements of this chapter.
(2) In addition to any other penalty in this chapter, require a
person who fails to supply all requested information to be assessed a
civil penalty as follows:
(a) a penalty of one hundred dollars if not filed within fifteen
days after the established deadline provided by the State Ethics
Commission;
(b) after notice has been given by certified or registered
mail by the State Ethics Commission that required records have not been
filed, a penalty of ten dollars a day for each additional calendar day in
which the required statement is not filed, not to exceed a total penalty of
five hundred dollars.
Section 2-17-55. No lobbyist may enter the floor of the House of
Representatives or Senate unless invited by the membership of the
respective chamber during sessions of the General Assembly.
Section 2-17-65. A lobbyist may seek to terminate a lobbyist
registration by filing a report required under Section 2-17-40 including
information through the last day of lobbying activity. A termination
report shall indicate that the lobbyist intends to use the report as the final
accounting of lobbying activity. Termination is not become effective
until approved by the State Ethics Commission. In determining whether
the termination should become effective, the commission shall consider:
(1) completeness and accuracy of reporting;
(2) the likelihood that the lobbying activity will continue;
(3) circumstances about the lobbyist or lobbyist's principal that
the commission considers appropriate in determining whether the
termination should be honored."
SECTION 7. Section 2-17-60 of the 1976 Code is amended to read:
"Section 2-17-60. Any legislative counsel A
lobbyist or legislative agent and any an
employer of such a legislative counsel
lobbyist or legislative agent violating any of the
provisions of this chapter shall be is guilty of a
misdemeanor and, upon conviction, shall must be fined
not less more than two five hundred nor
more than one hundred thousand dollars or imprisoned not
exceeding more than sixty days for each
violation , within the discretion of the court. Provided,
that any A person convicted of a violation of the provisions
of this chapter shall may not serve, register, or
otherwise act in the capacity of a lobbyist in this State for a period of
two years following his conviction."
PART III
Effective Date
SECTION 1. This act takes effect January 1, 1992.
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