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109th Session, 1991-1992 Journal of the House of Representatives
(Statewide Session)
In accordance with the Proclamation of the Governor, the House assembled at 10:00 A.M. The SPEAKER took the Chair and deliberations were opened with prayer by the Chaplain as follows: When extraordinary demands are before us, we need, O Lord, extraordinary guidance from You. We, therefore, seek a double measure of Your wisdom as we go about the business before us. Help us to conduct ourselves that we have no remorse about our yesterdays and no fears of our tomorrows. Keep us from being content to wait to see what will happen. Instead give us determination to make right things happen. Make us steadfast in attaining right goals, knowing that by persistence even the turtle reached Noah's Ark. While we cannot turn back the clock, use us to wind it to keep it running. So use us, our God, as instruments in Your hands. Amen. Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER. After corrections to the Journal of the proceedings of Thursday, June 6, the SPEAKER ordered it confirmed.
STATE OF SOUTH CAROLINA The following was received.
WHEREAS, The General Assembly of the State of South Carolina has pending before it several matters of great importance, including the Ethics, Government Accountability and Campaign Reform Act of 1991 (H. 3743) and the State Bond Bill (H. 3651); and WHEREAS, substantial agreement has been achieved on matters relating to H. 3743 and H. 3651, but no such consensus has been achieved on other matters before the General Assembly, including reapportionment; and WHEREAS, the South Carolina Constitution empowers me to convene the General Assembly in extra session on such extraordinary occasions; and WHEREAS, it appears necessary to convene an extraordinary session to deal with those matters on which consensus has been achieved before the next session of the General Assembly; and WHEREAS, the leadership of the State Senate and the State House of Representatives has assured me that the first order of business will be to adopt a Sine Die Resolution that limits the subject matter in which the bodies will deliberate and set an adjournment date no later than September 25, 1991 at 11:00 A.M; NOW, THEREFORE, by the power vested in me by Article IV, Section 19 of the Constitution of the State of South Carolina, I hereby call an extraordinary session of the General Assembly of South Carolina, to convene at the State House in Columbia on Monday, September 23, 1991 at 10:00 A.M.
GIVEN UNDER MY HAND AND THE GREAT SEAL OF THE STATE OF SOUTH CAROLINA, THIS 18TH DAY OF SEPTEMBER 1991.
Attest:
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
June 28, 1991 Dear Mrs. McKinney: Under date of June 27, 1991, the State Election Commission certified to this office the results of the election in House District 23, held in South Carolina on June 25, 1991. The certification shows that Mr. Ralph Anderson has been elected to the South Carolina House of Representatives, District 23. I, therefore, certify that Mr. Ralph Anderson has been elected as a member of the South Carolina House of Representatives from District 23, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
June 27, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Mr. Ralph Anderson was elected to House of Representatives District 23 at a special election held in Greenville County on June 25, 1991.
Sincerely,
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
June 28, 1991 Dear Mrs. McKinney: Under date of June 27, 1991, the State Election Commission certified to this office the results of the election in House District 74, held in South Carolina on June 25, 1991. The Certification shows that Ms. Alma Byrd has been elected to the South Carolina House of Representatives, District 74. I, therefore, certify that Ms. Alma Byrd has been elected as a member of the South Carolina House of Representatives from District 74, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
June 27, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Ms. Alma Byrd was elected to House of Representatives District 74 at a special election held in Richland County on June 25, 1991.
Sincerely,
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
June 28, 1991 Dear Mrs. McKinney: Under date of June 27, 1991, the State Election Commission certified to this office the results of the election in House District 70, held in South Carolina on June 25, 1991. The Certification shows that Ms. Levola Simons Taylor has been elected to the South Carolina House of Representatives, District 70. I, therefore, certify that Ms. Levola Simons Taylor has been elected as a member of the South Carolina House of Representatives from District 70, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
June 27, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Ms. Levola Simons Taylor was elected to House of Representatives District 70 at a special election held in Richland County on June 25, 1991.
Sincerely,
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
July 19, 1991 Dear Mrs. McKinney: Under date of July 18, 1991, the State Election Commission certified to this office the results of the election in House District 66, held in South Carolina on July 9, 1991. The Certification shows that Mr. Ralph W. Canty has been elected to the South Carolina House of Representatives, District 66. I, therefore, certify that Mr. Ralph W. Canty has been elected as a member of the South Carolina House of Representatives from District 66, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
July 18, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Mr. Ralph W. Canty was elected to House of Representatives District 66 at a special election held in Sumter County on July 9, 1991.
Sincerely,
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
July 19, 1991 Dear Mrs. McKinney: Under date of July 18, 1991, the State Election Commission certified to this office the results of the election in House District 101, held in South Carolina on July 9, 1991. The Certification shows that Mr. Kenneth "Ken" Kennedy has been elected to the South Carolina House of Representatives, District 101. I, therefore, certify that Mr. Kenneth "Ken" Kennedy has been elected as a member of the South Carolina House of Representatives from District 101, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
July 18, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Mr. Kenneth "Ken" Kennedy was elected to House of Representatives District 101 at a special election held in Williamsburg County on July 9, 1991.
Sincerely,
STATE OF SOUTH CAROLINA OFFICE OF SECRETARY OF STATE The following was received.
September 20, 1991 Dear Mrs. McKinney: Under date of September 18, 1991, the State Election Commission certified to this office the results of the election in House District 69, held in South Carolina on September 10, 1991. The Certification shows that Mr. John W. (Bill) Riser has been elected to the South Carolina House of Representatives, District 69. I, therefore, certify that Mr. John W. (Bill) Riser has been elected as a member of the South Carolina House of Representatives from District 69, for a term as prescribed by law.
Yours very truly,
ELECTION COMMISSION CERTIFICATION
September 18, 1991 Dear Mr. Speaker: The State Board of Canvassers hereby certifies that Mr. Bill Riser was elected to House of Representatives District 69 at a special election held in Lexington County on September 10, 1991.
Sincerely,
Mr. Ralph Anderson, Member-elect from District No. 23; Ms. Alma Byrd, Member-elect from District No. 74; Ms. Levola Simons Taylor, Member-elect from District No. 70; Mr. Ralph W. Canty, Member-elect from District No. 66; Mr. Kenneth "Ken" Kennedy, Member-elect from District No. 101; and Mr. John W. "Bill" Riser, Member-elect from District No. 69, presented their credentials and the oath of office was administered to them by the SPEAKER.
The following was received.
Document No. 1359
The following was introduced: H. 4056 -- Reps. Sheheen, Wilkins, Boan, T.C. Alexander, Phillips, Bennett, Waldrop and McTeer: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING MONDAY, SEPTEMBER 23, 1991, AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON WEDNESDAY, SEPTEMBER 25, 1991, NO LATER THAN 11:00 A.M. Be it resolved by the House of Representatives, the Senate concurring: That during the Extra Session of the General Assembly beginning 10:00 a.m., Monday, September 23, 1991, the only matters that may be taken up by the General Assembly are the following: (1) consideration of gubernatorial vetoes; (2) receipt and confirmation of appointments; (3) consideration of H. 3743, including the receipt of and action on any conference or free conference reports; (4) consideration of H. 3651, including the appointment of committees of conference and free conference, if necessary, and the receipt of and action on any conference or free conference reports; (5) consideration of S. 362, including the receipt of and action on any conference or free conference reports; (6) ratification of acts; (7) consideration of local matters. Be it further resolved that the Extra Session of the General Assembly convened on September 23, 1991, shall stand adjourned sine die no later than 11:00 a.m., on Wednesday, September 25, 1991, unless extended by concurrent resolution adopted by a two-thirds vote of both the Senate and House of Representatives, provided that such extension resolution may only provide for the consideration of those matters set forth in items (1) through (7) above. Rep. CORNING proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5883.HC), which was tabled. Amend the resolution, as and if amended, by striking item 4 in its entirety. Renumber items to conform. Amend title to conform. Rep. CORNING explained the amendment. Rep. BOAN moved to table the amendment, which was agreed to, by a division vote of 61 to 14. The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced: H. 4057 -- Rep. Sheheen: A HOUSE RESOLUTION TO PROVIDE THAT MEMBERS OF THE HOUSE OF REPRESENTATIVES MAY RECEIVE ONLY PER DIEM AND SUBSISTENCE PAY, BUT NO SALARY, FOR THE DAYS THEY ARE PRESENT DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY CONVENED SEPTEMBER 23, 1991. Be it resolved by the House of Representatives: That the members of the House of Representatives may receive only per diem and subsistence pay, but no salary, for the days they are present during the extra session of the General Assembly convened September 23, 1991. The Resolution was adopted by a division vote of 73 to 9.
The following was introduced: H. 4058 -- Reps. Sheheen, Wilkins, Boan, T.C. Alexander, Phillips, Bennett, Waldrop and McTeer: A HOUSE RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE HOUSE OF REPRESENTATIVES DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING MONDAY, SEPTEMBER 23, 1991. The Resolution was ordered referred to the Committee on Rules.
The following was received.
The House Of Representatives State Of South Carolina
August 27, 1991 Dear Ken: I have received today a copy of the jury verdict issued in the U.S. District Court of South Carolina criminal case of United States of America v. Kenneth E. Bailey, Docket No. 3:91-250. Based upon two convictions contained in that verdict and in accord with House Rule 3.12, I must regretfully declare the House District No. 94 seat vacant. Accordingly, all privileges of office, including those previously suspended upon your indictment, are now terminated.
Sincerely, Received as information.
The following was received.
State Of South Carolina
May 14, 1991 Dear Mr. Speaker: I hereby resign from the South Carolina House of Representatives effective July 1, 1991. Please express to the members of the House my sincere appreciation for the cooperation and courtesy shown me during my tenure.
Sincerely, Received as information.
The following was received.
State Of South Carolina
June 26, 1991 Dear Bob: I hereby resign from the South Carolina House of Representatives effective immediately. I will always be grateful to the people of Colleton County for the support and trust they have placed in me these past twelve years in allowing me to serve as their Representative. I believe that in spite of the recent events, the House is composed of mostly fine people, dedicated to public service. I will always treasure the many friendships that I have made among the members, staff, state employees and private citizens interested in good government.
Sincerely, Received as information.
The following was received.
State Of South Carolina
June 28, 1991 Dear Mr. Speaker: I hereby respectfully resign as Representative from South Carolina House District 43 effective July 1, 1991, at 12:00 Noon. I have certainly enjoyed serving with you and all of the other fine men and women during the last nine (9) years. I look forward to serving the people of the State of South Carolina as a Circuit Court Judge and I will do my best to be deserving of the confidence and trust which you and the other members of the General Assembly have granted to me. With warm regards, I remain
Respectively, Received as information.
The following was received.
State Of South Carolina
July 1, 1991 Dear Mr. Speaker: Due to my election to the position of resident Judge of the Eleventh Judicial Circuit, I hereby tender my resignation from the South Carolina House of Representatives, effective August 12, 1991. I am deeply grateful for the honor of serving in the House and thank you for your strong leadership through the best of times, and the worst of times.
Sincerely, Received as information.
The following was received.
State Of South Carolina
September 3, 1991 Dear Mr. Speaker: For the past few months, I have been considering a business opportunity which has been made available to me and I have decided to accept. Unfortunately, it necessitates that I give up my seat in the House. During the fifteen (15) years that I have served, I have made many friends in government, business and among my constituents. It has been a rewarding experience and one that I shall always cherish. Therefore, it is with much reluctance and regret that I hereby submit my resignation effective noon, September 3, 1991. My best wishes to you and my colleagues in the House and Senate in the years to come.
Sincerely, Received as information.
The following was received.
State Of South Carolina
September 18, 1991 Dear Mr. Speaker: On September 17, 1991, in a Special Election I was elected to the Senate District 15 Seat recently vacated by John Hayes when he was elected to the Circuit Court bench. Therefore, I hereby submit my irrevocable resignation from the House of Representatives effective September 30, 1991. I have enjoyed my seven years of service in the House of Representatives, and I look forward to my continued association with you and my other friends in the House as I serve in the Senate. With warm regards, I am
Sincerely, Received as information.
The following was received.
State Of South Carolina
September 19, 1991 Dear Mr. Speaker: You are aware that almost a year has passed since my suspension from the House. At that time, I wrote you that I hoped for a speedy positive resolve. Needless to say, that is all they were - hopes. After having my trial postponed several times from November 1990 to February 1991, we finally went to trial. Subsequently, we had to wait 5 months on post trial rulings from what I understand are customary and frequent and quickly disposed. This delayed our quest for justice. I have been recently sentenced and have petitioned for appeal to the 4th Circuit Court of Appeals. Thus, with the apparent slow-turning wheels of justice, I see no way of possible return to the House prior to the completion of the term to which I have been elected. Therefore, I hereby tender my resignation from the South Carolina House of Representatives, District #66 effective immediately. I wish you and all present members success as you continue to serve our great State.
Sincerely, As I prepare to enter Federal Prison, for a crime I did not commit, it is my hope that you all will not throw the baby with the bath water to fix something that is perceived to be broken. I look forward to my return. Received as information.
Rep. McTEER, from the Committee on Rules, submitted a favorable report, on: H. 4058 -- Reps. Sheheen, Wilkins, Boan, T.C. Alexander, Phillips, Bennett, Waldrop and McTeer: A HOUSE RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE HOUSE OF REPRESENTATIVES DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING MONDAY, SEPTEMBER 23, 1991.
On motion of Rep. McTEER, with unanimous consent, the following House Resolution was taken up for immediate consideration. H. 4058 -- Reps. Sheheen, Wilkins, Boan, T.C. Alexander, Phillips, Bennett, Waldrop and McTeer: A HOUSE RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE HOUSE OF REPRESENTATIVES DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING MONDAY, SEPTEMBER 23, 1991. Be it resolved by the House of Representatives: That during the Extra Session of the General Assembly beginning 10:00 a.m., Monday, September 23, 1991, the only matters that may be taken up by the House of Representatives are the following: (1) consideration of gubernatorial vetoes; (2) receipt and confirmation of appointments; (3) consideration of H. 3743, including the receipt of and action on any conference or free conference reports; (4) consideration of H. 3651, including the appointment of committees of conference and free conference, if necessary, and the receipt of and action on any conference or free conference reports; (5) consideration of S. 362, including the receipt of and action on any conference or free conference reports; (6) ratification of acts; (7) consideration of local matters. The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Fair Farr Foster Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Kempe Kennedy Keyserling Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Rudnick Scott Sheheen Shirley Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Monday, September 23.
Juanita M. White Dell Baker Mike Jaskwhich Larry Elliott Lowell Ross W.S. Houck Dick Elliott Maggie Glover Danny Bruce Alex Harvin Thomas N. Rhoad John Felder Steve Lanford Charles R. Sharpe Larry Koon LEAVES OF ABSENCE The SPEAKER granted Reps. KINON, FULMER and KIRSH a leave of absence for the day. The SPEAKER granted Rep. RHOAD a temporary leave of absence.
STATE OF SOUTH CAROLINA OFFICE OF THE GOVERNOR The following was received.
June 12, 1991 Dear Mr. SPEAKER and Members of the House: I am returning H. 3650, the 1991-92 Appropriations Act, with my vetoes. In the most challenging fiscal environment since I became Governor, the General Assembly has produced a responsible budget that recognizes the fiscal realities. At a time when many other states are raising taxes in a recession to make ends meet, South Carolina has tightened its belt to produce a balanced budget without general tax increases. I commend the General Assembly for doing so. That approach allows South Carolina to continue to be ranked among the top states in the country for responsible fiscal management.
I considered vetoing proviso 75.8 that uses investment income from the Worker's Compensation Fund to settle a claim for the South Carolina National Guard because it sets a bad precedent. I have not done so because I cannot with my veto authority reallocate money from another source to cover the cost of the claim. I will, however, veto any future effort to use investment income from the Fund to pay similar losses. Paying this claim directly from investment income spreads a claim loss of a state agency among all participants in the Fund including county and municipal governments who rightly object to the procedure. Moreover, last year the General Assembly provided that calculation of the Adjutant General's workers' compensation insurance premium would exclude losses for National Guard members who are injured while on Guard duty. Those losses would be paid separately by the Fund and billed to the Adjutant General as losses occur. So long as this method of paying for injuries of Guard members while on duty remains the law, continuing the practice established in proviso 75.8 will cause the unfunded liability of the workers' compensation fund to grow to dangerous levels. I have not vetoed Part II, Section 7, the nursing home bed fee increase, because of assurances I have received that the increase will not be passed along to private paying patients. A letter from the Department of Health and Environmental Control stating that understanding is included at the end of this veto message. Veto 1 Part I, Section 14, Budget and Control Board, Page 162, Proviso 14.95, $10 Parking Fee Limit This proviso would control what the Budget and Control Board could charge for parking in the Capitol Complex Parking Garage. I am vetoing this proviso because it is unnecessary. The cost of additional security that initially raised the possibility of a fee higher than $10 per month is already covered by proviso 5.19. Moreover, the Budget and Control Board is responsible for operating the garage, and authority for establishing the fees should rest with the Board. Veto 2 Part I, Section 14, Budget and Control Board, Page 163, Lines 33-55, Appropriation Lines Only of Proviso 14.98, Allocation of Higher Education Money Citadel $13,312,089 Clemson University $79,262,374 College of Charleston $21,032,395 Francis Marion College $12,249,146 Lander College $8,150,843 S.C. State College $19,039,876 USC Columbia Campus $121,579,794 USC Medical School $19,015,139 Aiken Campus $7,493,473 Coastal Carolina Campus $10,309,920 Spartanburg Campus $9,287,332 Beaufort Campus $1,770,929 USC Lancaster Campus $2,408,641 Salkahatchee Campus $1,695,635 Sumter Campus $3,302,769 Union Campus $898,486 Winthrop College $19,484,307 Medical University of S.C. $80,957,831 Medical University of S.C. Hospital $18,984,886 SC Cont. of Comm. T.H. (AHEC) $14,288,321 SBTCE INSTRUCTIONAL PROGRAMS $104,749,182 TOTAL $569,273,368 These lines in proviso 14.98 change the allocation of money for higher education specified in proviso 15.8 and in various lines of the Appropriation Act. The lines in 14.98 are specific line item appropriations drafted explicitly to allocate dollars, and therefore they are subject to the Governor's veto. I am vetoing these lines on the advice of the Commissioner of Higher Education and the Executive Director of the State Board for Technical and Comprehensive Education. These line violate the allocation of higher education money previously agreed upon by the commission on Higher Education with the various colleges and universities. My intent in vetoing these lines is to revert to the allocation specified in proviso 15.8, less the 3.3 percent cut provided for in the remainder of proviso 14.98. Veto 3 Part I, Section 28, State Education Department, Page 386, Proviso 28.86, Racial Set-Aside for Student Loans This proviso would require that funds be set aside exclusively for minority student applicants in the South Carolina Student Loan Program. I am vetoing this proviso because it establishes a racial set-aside for the allocation of student loans when there is no evidence whatsoever of discrimination in the program or of an unfair allocation of funds. This proviso is completely unnecessary. For both this year and next year, every minority student meeting the criteria received a loan. Why raise all the emotional issues associated with racial set-asides when doing so will not lead to one additional minority student receiving a loan? Moreover, the U.S. Supreme Court has held this type of set-aside to be unconstitutional in City of Richmond v. J.A. Croson Company 109 S.Ct. 706 (1989). If at any time there are more minority students than available money, then I will support increasing the funds available rather than establishing set-asides. Veto 4 Part I, Section 39, Department of Health & Environmental Control, Page 475, Proviso 39.30, 88 Minimum Nursing Care Beds This proviso mandates that DHEC issue a certificate of need for 88 nursing care beds for Allendale and Bamberg counties. I am vetoing this proviso for two reasons. First, the proviso circumvents the established certificate of need (CON) process at the Department of Health and Environmental Control. We have the CON process for a good reason, and provisos directing a certain result undermine that process. Second, this proviso is not germane to the Appropriations Act. Veto 5 Part I, Section 43, Department of Social Services, Page 501, Line 34, DSS Charleston County Rent Subsidy, $97,779 Of all the county Department of Social Service offices, only the one in Charleston receives a rent subsidy from the State Department of Social Services. I am vetoing this money because it is not fair for one county office to receive a subsidy while all the others receive none. Veto 6 Part II, Section 30, Page 29, Pinewood Fee Increase This proviso would increase fees on out-of-state non-hazardous waste to establish a designated fund to be used at the discretion of the legislators from the Pinewood area. Funds would be remitted to the town of Pinewood, but could not be used as town officials determine. Funds could only be dispersed "at the discretion of the House and Senate members serving the geographical area of the landfill and the five mile radius of the landfill..." I am a strong proponent of economic development in the Pinewood area. But decisions on economic development funds should be made by the State Development Board, the Local Government Division of the Budget and Control Board, or the appropriate city and county officials. I am vetoing this proviso for two reasons. First, it sets no legitimate criteria for allocation of the money that is normally expected with economic development funds. Second, it violates Article III, Section 34 (IX) and Article VIII, Section 10 of the South Carolina Constitution. I will support this proviso in next year's Appropriations Act if it establishes appropriate criteria for allocating of the money, and if it resolves the constitutional questions.
Sincerely,
Veto 1 Part I, Section 14, Budget and Control Board, Page 162, Proviso 14.95, $10 Parking Fee Limit The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Carnell McAbee White
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Byrd Canty Cato Chamblee Cole Cooper Corbett Cork Corning Fair Farr Foster Gentry Gonzales Hallman Harris, J. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Kempe Kennedy Keyserling Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCain McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Rama Riser Rudnick Scott Sheheen Shirley Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 2 Part I, Section 14, Budget and Control Board, Page 163, Lines 33-55, Appropriation Lines Only of Proviso 14.98, Allocation of Higher Education Money Citadel $13,312,089 Clemson University $79,262,374 College of Charleston $21,032,395 Francis Marion College $12,249,146 Lander College $8,150,843 S.C. State College $19,039,876 USC Columbia Campus $121,579,794 USC Medical School $19,015,139 Aiken Campus $7,493,473 Coastal Carolina Campus $10,309,920 Spartanburg Campus $9,287,332 Beaufort Campus $1,770,929 USC Lancaster Campus $2,408,641 Salkahatchee Campus $1,695,635 Sumter Campus $3,302,769 Union Campus $898,486 Winthrop College $19,484,307 Medical University of S.C. $80,957,831 Medical University of S.C. Hospital $18,984,886 SC Cont. of Comm. T.H. (AHEC) $14,288,321 SBTCE INSTRUCTIONAL PROGRAMS $104,749,182 TOTAL $569,273,368 Rep. McTEER spoke against the veto. Rep. McCAIN spoke in favor of the veto. Rep. MANLY moved to adjourn debate upon the veto, which was adopted.
Veto 3 Part I, Section 28, State Education Department, Page 386, Proviso 28.86, Racial Set-Aside for Student Loans Reps. WHIPPER, FOSTER, J. BROWN, and ROGERS spoke against the veto. Rep. GONZALES spoke in favor of the veto. The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Altman Anderson Bailey, J. Barber Baxley Beatty Boan Brown, J. Byrd Canty Carnell Cromer Elliott, D. Foster Glover Harris, J. Harvin Hayes Hodges Holt Inabinett Jennings Johnson, J.C. Johnson, J.W. Kempe Kennedy Keyserling Manly Martin, D. McElveen McLeod McTeer Neilson Rogers Rudnick Scott Snow Stoddard Taylor Waites Whipper White Williams, D.
Those who voted in the negative are: Alexander, T.C. Bailey, G. Baker Beasley Bennett Brown, G. Brown, H. Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fair Farr Felder Gentry Gonzales Hallman Harris, P. Harrison Harwell Haskins Hendricks Houck Huff Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McCraw McGinnis Meacham Nettles Phillips Quinn Rama Rhoad Riser Ross Sheheen Shirley Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 4 Part I, Section 39, Department of Health & Environmental Control, Page 475, Proviso 39.30, 88 Minimum Nursing Care Beds The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Anderson Brown, J. Byrd Glover Inabinett Scott Taylor
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Beatty Bennett Brown, H. Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Cromer Elliott, D. Elliott, L. Fair Felder Foster Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Houck Huff Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Kempe Kennedy Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McCain McCraw McElveen McGinnis McTeer Meacham Neilson Phillips Quinn Rama Rhoad Riser Ross Rudnick Sheheen Shirley Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells White Wilder Wilkins Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 5 Part I, Section 43, Department of Social Services, Page 501, Line 34, DSS Charleston County Rent Subsidy, $97,779 The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Bailey, J. Barber Brown, J. Byrd Holt Inabinett Martin, D. McLeod Scott Taylor Whipper White
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Baker Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Houck Huff Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Kempe Kennedy Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McAbee McCain McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Sharpe Sheheen Shirley Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 6 Part II, Section 30, Page 29, Pinewood Fee Increase Reps. McLEOD and BAXLEY spoke against the veto. Rep. HALLMAN spoke in favor of the veto. The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Barber Baxley Beatty Brown, G. Brown, J. Bruce Byrd Canty Carnell Chamblee Cole Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harris, J. Harvin Harwell Hayes Hodges Holt Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Kempe Kennedy Keyserling Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Snow Stoddard Sturkie Taylor Townsend Tucker Waites Waldrop Whipper White Wilder Williams, D. Williams, J.
Those who voted in the negative are: Bailey, G. Baker Beasley Brown, H. Cato Clyborne Cooper Corbett Cork Corning Fair Gonzales Hallman Harrison Haskins Hendricks Huff Jaskwhich Keegan Klapman Koon Marchbanks Martin, L. McCain McKay Meacham Phillips Quinn Rama Riser Sharpe Smith Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Debate was resumed on Veto 2. Veto 2 Part I, Section 14, Budget and Control Board, Page 163, Lines 33-55, Appropriation Lines Only of Proviso 14.98, Allocation of Higher Education Money Citadel $13,312,089 Clemson University $79,262,374 College of Charleston $21,032,395 Francis Marion College $12,249,146 Lander College $8,150,843 S.C. State College $19,039,876 USC Columbia Campus $121,579,794 USC Medical School $19,015,139 Aiken Campus $7,493,473 Coastal Carolina Campus $10,309,920 Spartanburg Campus $9,287,332 Beaufort Campus $1,770,929 USC Lancaster Campus $2,408,641 Salkahatchee Campus $1,695,635 Sumter Campus $3,302,769 Union Campus $898,486 Winthrop College $19,484,307 Medical University of S.C. $80,957,831 Medical University of S.C. Hospital $18,984,886 SC Cont. of Comm. T.H. (AHEC) $14,288,321 SBTCE INSTRUCTIONAL PROGRAMS $104,749,182 TOTAL $569,273,368 Rep. McTEER explained the veto. The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Anderson Beatty Boan Brown, J. Byrd Canty Carnell Chamblee Cromer Elliott, D. Foster Gentry Glover Harris, J. Hayes Hodges Houck Inabinett Jennings Johnson, J.C. Johnson, J.W. Kennedy Keyserling Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Phillips Rhoad Rogers Ross Scott Sheheen Shirley Smith Snow Stoddard Taylor Townsend Waites Whipper White Williams, D. Williams, J.
Those who voted in the negative are: Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Brown, G. Brown, H. Bruce Cato Clyborne Cole Cooper Corbett Cork Corning Elliott, L. Fair Felder Gonzales Hallman Harris, P. Harrison Harvin Haskins Hendricks Holt Huff Jaskwhich Keegan Kempe Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis McKay Meacham Quinn Rama Riser Rudnick Sharpe Sturkie Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
STATE OF SOUTH CAROLINA OFFICE OF THE GOVERNOR
June 12, 1991
I am hereby returning without my approval H. 4017, R-230, an Act: Section 33-14-220, as amended by Act 10 of 1991, provides the procedure under which a charter revoked under Section 33-14-210 may be reinstated. Since the charter of Seabanks Homeowners Association, Inc. was forfeited according to Section 33-14-210, the corporation may apply for reinstatement at anytime with the Secretary of State.
This veto is based upon an opinion of the Attorney General's Office dated March 28, 1990, which states:
"Section 33-14-220 is a general law. A general law was defined in McKiever V. City of Sumter, 137 S.C. 266, 135 S.E. 60 to be: An act that would authorize the reinstatement of a revoked corporate charter beyond the procedure set forth in the limitation of Section 33-14-220 must be by general law applicable to all similar corporations. In addition to the fact that, H. 4017, R-230, is special legislation and thus in violation of the Constitution, the necessity to reinstate a corporation through legislation is no longer necessary. The application for reinstatement after an administrative dissolution is no longer limited to the two years after the date of dissolution. The General Assembly adopted Act 10, of 1991, effective March 15, 1991, which eliminated the two year limitation so that a corporation may now apply for reinstatement anytime after dissolution.
Yours sincerely, The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Beatty Bennett Boan Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Haskins Hayes Hodges Houck Jennings Keegan Kennedy Keyserling Klapman Koon Littlejohn Marchbanks Martin, L. Mattos McAbee McCraw McGinnis McKay Meacham Neilson Phillips Quinn Rama Rhoad Riser Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
STATE OF SOUTH CAROLINA OFFICE OF THE GOVERNOR
June 12, 1991
I am hereby returning without my approval H. 3514, R-213, an Act:
This veto is based upon an opinion of the Attorney General's Office dated June 10, 1991, which states the following: ... VI. To provide for the protection of game. ... Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in the several zones. ... The subject act is clearly a special or local act in that it relates to protection of birds in one area of Clarendon County. Because the act is not for the protection of game in the entire zone of which this area would be part, see Section 50-1-60(9) of the South Carolina Code of Laws, Article III, Section 34 is likely contravened by this act. See Ops. Atty. Gen. dated June 8, 1983; June 20, 1983; June 18, 1984; June 3, 1988; February 15, 1989; May 30, 1990. While I applaud the efforts to protect birds in parts of York County, H. 3514, R-213 is considered local legislation in violation of Article VIII, Section 7, and should be decided by local government entities in York County.
Yours sincerely, The question was put, shall the Act become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Foster Hayes
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received. Mr. Speaker and Members of the House: The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:40 A.M. today for the purpose of Ratifying Acts.
Very respectfully, On motion of Rep. WILKINS, the invitation was accepted.
At 11:40 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified: (R248) H. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES. (R249) H. 3768 -- Reps. Phillips and Wright: AN ACT TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION. (R250) H. 3967 -- Rep. Wilkins: AN ACT TO PROVIDE THAT, BEGINNING IN 1992, THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY INCREASE THE TAX MILLAGE LEVIED FOR THE OPERATION OF THE DISTRICT BY NOT MORE THAN TWO MILLS IN ANY ONE YEAR AND BY NOT MORE THAN A TOTAL OF THREE MILLS IN ANY TWO-YEAR PERIOD; TO PROVIDE THAT WHEN THE DISTRICT UNDER THE EDUCATION FINANCE ACT IS CONSIDERED TO BE PROVIDING ONE HUNDRED PERCENT OF THE LOCAL EFFORT REQUIRED, NO MILLAGE INCREASES MAY THEREAFTER BE IMPOSED WHILE SUCH CIRCUMSTANCES EXIST; TO PROVIDE THAT FOR ANY TAX MILLAGE TO BE LEVIED ABOVE THE LIMITS CONTAINED IN THIS ACT, THE QUALIFIED ELECTORS OF THE DISTRICT MUST APPROVE THE EXCESS IN A REFERENDUM CALLED BY THE BOARD AND TO PROVIDE FOR THE REFERENDUM, INCLUDING ITS COSTS; TO AUTHORIZE THE BOARD TO LEVY FOR THE GENERAL OPERATION OF THE DISTRICT IN ANY YEAR A TAX MILLAGE NOT EXCEEDING EIGHTY-NINE MILLS AND PROVIDE THAT THIS LIMIT DOES NOT APPLY TO INCREASES APPROVED BY THE BOARD PURSUANT TO OTHER PROVISIONS OF THIS ACT; AND TO REQUIRE THAT AN INDEPENDENT AUDITOR PERIODICALLY CONDUCT FISCAL AND MANAGEMENT AUDITS OF THE DISTRICT AT THE DISTRICT'S EXPENSE AND TO REQUIRE THAT A COPY OF THE AUDIT BE FORWARDED TO THE GREENVILLE COUNTY LEGISLATIVE DELEGATION. (R251) H. 3070 -- Reps. Littlejohn, Rama and Whipper: AN ACT TO AMEND SECTION 29-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT BY CONTRACTORS TO LABORERS AND OTHERS FROM MONEY RECEIVED FROM A CONTRACT AND A LABORER'S LIEN, SO AS TO INCLUDE A SUBCONTRACTOR WITHIN THE PROVISIONS OF THE SECTION; TO AMEND SECTION 29-7-20, RELATING TO THE PENALTY FOR FAILURE TO PAY LABORERS AND OTHERS, SO AS TO PROVIDE THAT AN AGREEMENT TO WAIVE THE RIGHT TO FILE OR CLAIM A LIEN FOR LABOR AND MATERIALS IS AGAINST PUBLIC POLICY AND UNENFORCEABLE UNLESS PAYMENT SUBSTANTIALLY EQUAL TO THE AMOUNT WAIVED IS ACTUALLY MADE, AND PROVIDE THAT A CONTRACTOR OR SUBCONTRACTOR MAY SET OFF, AGAINST THE MONEY UPON WHICH A LABORER, SUBCONTRACTOR, OR MATERIALMAN HAS A LIEN AS PROVIDED IN SECTION 29-7-10, ANY DEBT CLAIMED TO BE OWED TO THE CONTRACTOR BY THESE PERSONS, BASED UPON A GOOD FAITH CLAIM THAT THOSE SERVICES AND MATERIALS FOR WHICH PAYMENT IS CLAIMED BY THOSE PERSONS WERE DEFECTIVE, AND PROVIDE FOR A PROCEDURE TO MAKE A SET OFF. (R252) H. 3979 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO EXEMPTIONS FROM LICENSURE; EXAMINATIONS, SCHEDULING, AND GRADING; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R253) H. 3935 -- Rep. Rhoad: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF EHRHARDT CEMETERY COMPANY IN BAMBERG COUNTY.
At 11:55 A.M. the House resumed, the SPEAKER in the Chair.
The following was received. Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of: Appointment, Orangeburg County Master-in-Equity, with term to expire on August 14, 1997: Mr. Olin Burgdorf
Very respectfully, No. 017 Received as information.
The following was received. Mr. Speaker and Members of the House: The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of: Appointment, York County Master-in-Equity, with term to expire on June 30, 1997: J. Buford Grier
Very respectfully, No. 016 Received as information.
The following Bill was taken up. S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET. Rep. HARWELL, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5884), which was adopted. Amend the bill, as and if amended, by adding an appropriately numbered section to read: /SECTION __. The auditor of Dillon County shall levy one hundred seven and one-half mills on all taxable property of the county for fiscal year 1991-92 for school purposes in Dillon County as follows: operation of schools, 84.5 mills; school debt retirement, 5 mills; teachers' sick leave, 3 mills; Dillon County Vocational School, 14.5 mills; and vocational school special fund, .5 mills./ Renumber sections to conform. Amend totals and title to conform. The Bill, as amended, was read the third time, and ordered returned to the Senate.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification. S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.
The following Bill was taken up, read the third time, and ordered sent to the Senate. H. 4042 -- Rep. Holt: A BILL TO AMEND ACT 440 OF 1949, AS AMENDED, RELATING TO THE ST. PAUL'S FIRE COMMISSION IN CHARLESTON COUNTY, SO AS TO PROVIDE FOR FOUR YEAR TERMS FOR ITS MEMBERS AND TO PROVIDE THAT CURRENT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED AS PROVIDED IN THIS ACT.
AND RETURNED TO THE SENATE Debate was resumed on the Senate amendments on the following Bill, the pending question being the consideration of amendments, immediate cloture having been ordered. H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS. Rep. CROMER moved to divide the question. Rep. BOAN moved to table the motion, which was agreed to. Rep. KIRSH proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\436\11819.DW), which was tabled. Reference is to the amendment introduced by the Finance Committee, dated June 6, 1991, Document No. L:\Council\Legis\Amend\436\11818.DW. Amend the amendment, as and if amended, page 2, subitem 3 of item (f) of Section 3 of Act 1377 of 1968, by adding: /(c) Hugo Note Retirement 33,000,000/. Amend totals and title to conform. Rep. BOAN explained the amendment. Rep. SMITH moved to table the amendment, which was agreed to. Rep. KIRSH proposed the following Amendment No. 3A (Doc Name L:\council\legis\amend\436\11821.DW), which was tabled. Reference is to the amendment introduced by the Finance Committee, dated June 6, 1991, Document No. L:\Council\Legis\Amend\436\11818.DW. Amend the amendment, as and if amended, page 13, item (f) of Section 3 of Act 1377 of 1968, by striking SECTION 7 in its entirety. Renumber SECTIONS to conform. Amend totals and title to conform. Rep. BOAN explained the amendment. Rep. SMITH moved to table the amendment, which was agreed to.
I abstained from voting on Amendment 3A to H. 3651 on 9/23/91. The amendment would have effected funding for 3 items including the proposed North Charleston Convention Center. I have performed work, generally, on that and related projects for the City of North Charleston. I will probably be called upon to perform additional legal work for the City of North Charleston relating to this project in my capacity as legal counsel for the City. I have abstained to avoid any appearance of a conflict. Rep. STEPHEN E. GONZALES Rep. KIRSH proposed the following Amendment No. 4A (Doc Name L:\council\legis\amend\436\11823.DW), which was tabled. Reference is to the amendment introduced by the Finance Committee, dated June 6, 1991, Document No. L:\Council\Legis\Amend\436\11818.DW. Amend the amendment, as and if amended, by adding an appropriately numbered section to read: /SECTION _______. (A) Section 11-9-130 of the 1976 Code, as added by Act 638 of 1988, is amended to read:
"Section 11-9-130. (B) The amendment to Section 11-9-130 of the 1976 Code as contained in subsection (A) of this section does not apply to those bonds authorized pursuant to the provisions of this act, but does apply to all general obligation bonds authorized after the effective date of this act./ Renumber sections to conform. Amend title to conform. Rep. BOAN explained the amendment. Rep. CARNELL moved to table the amendment, which was agreed to. Rep. KIRSH proposed the following Amendment No. 5A (Doc Name L:\council\legis\amend\436\11822.DW), which was adopted. Reference is to the amendment introduced by the Finance Committee, dated June 6, 1991, Document No. L:\Council\Legis\Amend\436\11818.DW. Amend the amendment, as and if amended, by striking on page 2 the paragraph under subitem 3 which reads: /Eleven million, nine hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act./ and inserting: /Twelve million, five hundred thousand of Capital Improvement Bonds for the South Carolina Fire Academy Replacement and the Budget and Control Board-State Fire Marshal's Office are authorized as departmental bonds pursuant to the authority and limitations of Section 2 of this act. The Budget and Control Board-State Fire Marshal's Office and the Fire Academy must be located in this facility./ Amend further commencing on page 9, by striking SECTION 2 and inserting: /SECTION 2. (A) As an incident to the enactment of this Section, the General Assembly makes the following findings: (1) By Section 38-7-30 of the Code of Laws of South Carolina, 1976, the General Assembly has authorized a tax of one percent on the gross premium receipts less premiums returned on canceled insurance policy contracts less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in this State. The proceeds of this tax are collected by the Chief Insurance Commissioner of South Carolina. (2) The South Carolina Fire Academy has requested the sum of not exceeding twelve million, five hundred thousand dollars to defray the cost of construction for the replacement of the Fire Academy which must also contain Budget and Control Board - State Fire Marshal's office. (3) The General Assembly has determined to raise this sum through the issuance of general obligation capital improvement bonds of the State not exceeding twelve million, five hundred thousand dollars principal amount general obligation capital improvement bonds of the State. It is the express intention of the General Assembly that these bonds are to be payable in the first instance from the annual imposition of an additional thirty-five one hundredths percent tax on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State. (B) The General Assembly authorizes the issuance of General Obligation State Capital Improvement Bonds to be issued as departmental bonds in the following amount: Budget and Control Board South Carolina Fire Academy Replacement and State Fire
Marshal's Office $12,500,000. (C) In addition to the tax imposed pursuant to the provisions of Section 38-7-30 of the 1976 Code, an additional tax of thirty-five one-hundredths percent is imposed annually on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies doing business in the State. This tax must be collected by the Chief Insurance Commissioner as other taxes on fire insurance companies are collected. All sums collected for this tax must be paid annually by the commissioner to the State Treasurer for establishment of a fund to be used by the State Treasurer to pay the debt service on the bonds issued pursuant to the provisions of subsection (B). The additional tax imposed pursuant to this subsection is imposed only so long as any of the bonds referred to in this subsection remain outstanding and unpaid. (D) The State Treasurer shall establish a special fund into which proceeds of the additional tax authorized in subsection (C) must be deposited upon their receipt from the Chief Insurance Commissioner. This fund is designed to achieve a proper matching of monies to meet the debt service obligations on the bonds authorized in this section in a given year. Monies in the fund must be used solely to pay debt service on the bonds and for no other purpose. (E) Upon payment in full of the principal of, premium, if any, and interest on the bonds authorized in this section, any remaining balances in the special fund created in this section must be transferred by the State Treasurer to the general fund of the State./ Amend title to conform. Rep. BOAN explained the amendment. Rep. SMITH moved to table the amendment, which was not agreed to. The amendment was then adopted by a division vote of 52 to 40.
Rep. SHEHEEN spoke against the Bill. Rep. CARNELL spoke in favor of the Bill.
Rep. BAXLEY moved to reconsider the vote whereby Amendment No. 5A was adopted. Rep. BOAN moved to table the motion. Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Altman Bailey, G. Bailey, J. Barber Boan Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cork Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Gonzales Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hodges Holt Huff Inabinett Jennings Johnson, J.C. Johnson, J.W. Keegan Kennedy Keyserling Klapman Manly Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Nettles Phillips Quinn Rhoad Rogers Rudnick Scott Sharpe Smith Snow Taylor Tucker Waldrop Wells Whipper White Wilder Williams, D. Williams, J. Young, R.
Those who voted in the negative are: Alexander, M.O. Alexander, T.C. Baker Baxley Beasley Beatty Bennett Brown, H. Cato Clyborne Cooper Corbett Corning Cromer Fair Hallman Haskins Hendricks Houck Jaskwhich Kempe Koon Marchbanks McCain Meacham Neilson Rama Riser Ross Sheheen Shirley Stoddard Sturkie Townsend Vaughn Waites Wilkins Wofford Wright Young, A.
So, the motion to reconsider was tabled.
Rep. BAXLEY inquired if it would be proper at this time to make a motion to remove cloture on the Bill. The SPEAKER stated that you cannot remove cloture. He further stated that once the House had a Senate Amendment to a House Bill and the House adopted the Amendment, then that would be the only action the House could take. He further stated that it would go straight back to the Senate to either concur or nonconcur. The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
I moved and voted Yea on a voice vote to divide the question of H. 3651, the Bond Bill. While there are several meritorious provisions in the Bond Bill which I could support, I cannot vote to obligate this State to accumulative, additional $300,000,000.00 of debt in such a lean financial year. Rep. JAMES CROMER
I voted to divide the question on H. 3651 for the reasons stated by Rep. CROMER. Rep. C. WAITES Rep. KLAPMAN moved that the House recede until 2:00 P.M., which was adopted by a division vote of 62 to 30.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The following was received.
The General Assembly, Columbia, S.C., September 23, 1991
The COMMITTEE OF CONFERENCE, to whom was referred: That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following: SECTION 1. Section 7-13-35 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:
"Section 7-13-35. The authority charged by law with conducting an election shall publish two notices of general, special, and primary elections held in the county SECTION 2. Section 7-13-40 of the 1976 Code, as last amended by Act 363 of 1988, is further amended to read:
"Section 7-13-40. In the event that a party SECTION 3. Section 7-13-50 of the 1976 Code, as last amended by Act 364 of 1988, is further amended to read:
"Section 7-13-50. A second primary, when necessary, must be held two weeks after the first and is subject to the rules governing the first primary. At the second primary the two candidates among those who do not withdraw their candidacies and who received more votes in the first primary than any other remaining candidate alone shall run for any one office and if only one candidate remains, he is considered nominated, except that if there are two or more vacancies for any particular office, the number of candidates must be double the number of vacancies to be filled if so many candidates remain. In all second primaries the candidate receiving the largest number of votes cast for a given office must be declared the nominee for the office whether or not he has received a majority of the votes cast for that office, and when there are several candidates for several different offices, then the several candidates receiving the largest number of votes for the several positions are considered as nominated for the offices whether or not they received a majority of the votes cast. Other primaries, if necessary, must be ordered in a similar manner by the county SECTION 4. Section 7-13-60 of the 1976 Code is amended to read:
"Section 7-13-60. The polls must be opened at seven o'clock SECTION 5. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct." SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party
SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding: "Section 7-13-611. The arrangement of each 'Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:
(NAME OF PARTY) ______________________________ COUNTY, SOUTH CAROLINA NO: Initials of Issuing Officer
____________________________________, 19_____ (NAME OF PRECINCT)
(NAME OF PARTY) ____________________________ COUNTY, SOUTH CAROLINA ____________________________, 19___ (DATE OF ELECTION) (NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square (/ /) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
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/ / / NAME OF CANDIDATE / Each 'Official State Ballot' similarly must conform to the plan set forth in this section. The State Election Commission is hereby empowered to promulgate such rules and regulations under Chapter 23 of Title 1 as are necessary for the arrangement of the official county ballot." SECTION 8. Section 7-13-830 of the 1976 Code, as last amended by Act 472 of 1988, is further amended to read:
"Section 7-13-830. When any person is so challenged, the manager shall explain to him the qualifications of an elector and may examine his as to the same. If the person insists that he is qualified and the challenge is not withdrawn, his vote must be received and placed in an envelope on which must be written the name of the voter and that of the challenger. The challenged votes must be kept separate and apart and not counted but turned over to the commissioners of election or Where, pursuant to Section 7-13-820, a person's name could not be verified by the registration board or where a telephone was not available and the person was allowed to vote a challenged ballot, the Board of Voter Registration, before the meeting, shall certify to the authority in charge whether or not the voter is a qualified elector of the precinct in which he voted his challenged ballot. If the board certifies the person challenged is not a qualified elector of the precinct, this certification is considered an administrative challenge and is clear and convincing evidence for the meeting authority to disallow the ballot. Nothing in this section prohibits the county election commission from continuing any challenge administratively as long as it has evidence to sustain the challenge." SECTION 9. Section 7-15-420 of the 1976 Code, as last amended by Act 357 of 1990, is further amended to read:
"Section 7-15-420. The county election commission, municipal election commission, SECTION 10. Section 7-15-450 of the 1976 Code is amended to read:
"Section 7-15-450. This article SECTION 11. Section 7-17-510 of the 1976 Code is amended to read:
"Section 7-17-510. SECTION 12. Section 7-17-570 of the 1976 Code is amended to read: "Section 7-17-570. The executive committee shall hear the protest or contest on Thursday following the deadline for filing the same. Testimony at the hearing shall be limited to the grounds stated in the written protest. The protestant and each other candidate in the protested race shall have the right to be present at the hearing, to be represented by counsel, to examine and cross-examine witnesses and to produce evidence relevant to the grounds of the protest. The chairman of the committee shall provide for and conduct the hearing as nearly as possible in accordance with the procedures and rules of evidence observed by the circuit courts of this State. The chairman shall have authority to administer oaths and subpoena witnesses. Upon the conclusion of the hearing of the protest the committee shall determine all issues by majority vote and forthwith certify the results of the election. The State Election Commission shall pay for the costs of the court reporter and the transcript of the hearing. The committee shall remain in session until a conclusion has been reached. All candidates in the protested or contested race shall be immediately notified of the committee's decision." SECTION 13. Section 7-25-140 of the 1976 Code is amended to read:
"Section 7-25-140. The SECTION 14. Nothing in this act nor any other provision of law may be construed as prohibiting the political parties in this State from conducting, according to their own rules and at the party's expense, presidential preference or advisory primaries. SECTION 15. If a county operates its elections through an election and registration commission composed of seven members, the structure and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis. SECTION 16. Except for municipal primaries, all primaries for national offices, excluding the office of president, and all primaries for state offices, offices including more than one county, and countywide and less than countywide offices, specifically including, but not limited to, all school boards and school trustees, special purpose district offices, which include, but are not limited to, water, sewer, fire, soil conservation, and other similar district offices, must be conducted by the State Election Commission and the county election commissions on the second Tuesday in June of each general election year. SECTION 17. Sections 7-9-110 and 7-13-90 of the 1976 Code are repealed. SECTION 18. This act takes effect upon approval by the Governor but only if funded by the General Assembly. Amend title to conform.
\s\Harvey S. Peeler, Jr. \s\James H. Hodges \s\Joe Wilson \s\Terry E. Haskins \s\Kay Patterson \s\Joseph T. McElveen, Jr. On Part of the Senate. On Part of the House. Rep. HODGES explained the Conference Report. The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request. H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES. The yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are: Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Canty Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Kempe Kennedy Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to. The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WILKINS, HAYES and WAITES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I am outside the United States but if I were present I would vote in favor of the ethics bill. Rep. MARION H. KINON
I was temporarily out of the Chamber when the vote for free conference powers was taken on House Bill 3743. I would have voted yes. Rep. M.O. ALEXANDER
I was out of the Chamber when the vote was taken but I would have voted in favor of granting free conference powers on H. 3743. Rep. JOHN B. WILLIAMS
The following was received.
The General Assembly, Columbia, S.C., September 16, 1991
The COMMITTEE OF FREE CONFERENCE, to whom was referred: That the same do pass with the following amendments: Amend the bill, as and if amended, by striking all before the enacting words and inserting therein: Whereas, the General Assembly declares that the operation of responsible democratic government requires that the fullest opportunity be afforded the people to petition their government for the redress of grievances and to express freely to any public official or public employee their opinions on legislation or agency proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation; and Whereas, the trust of the public is essential for government to function effectively. Public policy developed by elected officials affects every citizen of the State, and it must be based on honest and fair deliberations and decisions. This process must be free from all threats, favoritism, undue influence, and all forms of impropriety so that the confidence of the public is not eroded; and Whereas, the General Assembly declares that to preserve and maintain the integrity of the governmental policy-making process in South Carolina it is necessary that the identity, expenditures, and lobbying of certain persons who engage in efforts to influence any public official or public employee on legislation or agency proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation, by direct communication to any such official or employee, be publicly and regularly disclosed; and Whereas, one of the most important functions of any law aimed at making public servants more accountable is that of complete and effective disclosure. Since many public officials serve on a part-time basis, it is inevitable that conflicts of interest and appearances of impropriety will occur. Often these conflicts are unintentional and slight, but at every turn those who represent the people of this State must be certain that it is the interests of the people, and not their own, that are being served. Officials should be prepared to remove themselves immediately from a decision, vote, or process that even appears to be a conflict of interest; and Whereas, the General Assembly finds and declares that full disclosure of campaign contributions and expenditures also is needed to maintain the integrity of the political and governmental processes and to ensure that all individuals have a fair and equal opportunity to participate in the political and governmental processes regardless of any contribution they may have or have not given to an elected official; and Whereas, this act is intended to ensure that serious candidates are able to raise enough money to communicate their views and positions adequately to the public, thereby promoting public discussion of the important issues involved in political campaigns but that such fundraising shall not consume such time to the candidate or elected official that they would otherwise be unable to conduct the public's business or engage in the public discussion of the important issues involved in a political campaign; and Whereas, the General Assembly finds and declares that the rapidly increasing costs of political campaigns have forced many candidates to raise larger percentages of money from interest groups with specific financial stakes in matters before the state government, thereby fostering the public perception that votes are being improperly influenced by contributions. This perception is undermining the credibility and integrity of the political and governmental processes; and Whereas, this act is intended to reduce the influence of large contributors with specific financial stakes in matters before government, thus countering the perception that decisions are influenced more by the size of contributions than by the best interests of the people; and Whereas, this act is intended to improve the disclosure of contribution sources in reasonable and effective ways; and Whereas, this act is intended to help restore public trust in the governmental institutions and the political and governmental processes. Now, therefore, Amend the bill further, as and if amended, by striking all after the enacting words and inserting therein: SECTION 1. This act may be cited as the "Ethics, Government Accountability, and Campaign Reform Act of 1991". SECTION 2. Chapter 17, Title 2 of the 1976 Code is amended to read:
Lobbyists and Lobbying Section 2-17-5. On July 1, 1993, the duties and powers given to the Secretary of State in this chapter must be transferred to the State Ethics Commission. When this transfer takes place, the Code Commissioner is directed to change all references in this chapter from the Secretary of State to the State Ethics Commission.
Section 2-17-10.
(1) (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 from 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) a campaign contribution properly received and reported under the provisions of Chapter 13 of Title 8. (2) 'Covered agency actions' means the proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation under Article 1, Chapter 23 of Title 1 of the 1976 Code. (3) 'Covered gubernatorial actions' means: (a) gubernatorial approval or veto of legislation; (b) gubernatorial consideration or issuance of any executive order; (c) gubernatorial consideration or making of any appointment; or (d) gubernatorial consideration of or the decision to award any grant derived from federal or other funds or from any source. (4) (a) 'Economic interest' means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a public official or public employee may gain an economic benefit of fifty dollars or more. (b) This definition does not prohibit a public official or public employee from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the public official or public employee is incidental to the public official's or public employee's position or which accrues to the public official or public employee as a member of a profession, occupation, or large class to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. (5) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money or anything of value for any purpose, and a payment to a lobbyist for compensation, for expenses, or lobbying, including the direct payment of expenses incurred at the request or suggestion of a lobbyist. (6) 'Family member' means an individual who is: (a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or (b) a member of the individual's immediate family. (7) 'Immediate family' means: (a) a child residing in a public official's or public employee's household; (b) a spouse of a public official or public employee; or (c) an individual claimed by the public official or public employee or the public official's or public employee's spouse as a dependent for income tax purposes. (8) 'Individual' means one human being. (9) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable, including attorney's fees attributable to lobbying. (10) 'Legislation' means: (a) bills, resolutions, amendments, reports, legislative acts, vetoes, nominations, rules, and regulations pending or proposed in either the House or Senate; (b) any other matter which may be the subject of action by either house; or (c) the appointment of committees of conference and free conference by the Speaker of the House of Representatives or the President of the Senate. (11) 'Legislative caucus' means: (a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; (b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity. (12) 'Lobbying' means promoting or opposing through direct communication with public officials or public employees: (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly; (b) covered gubernatorial actions; (c) covered agency actions; or (d) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly. 'Lobbying' does not include the activities of a member of the General Assembly, a member of the staff of a member of the Senate or House of Representatives, the Governor, the Lieutenant Governor, or a member of the executive staff of the Governor or Lieutenant Governor acting in his capacity as a public official or public employee with regard to his public duties. (13) 'Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official of any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' does not include: (a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee; (b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State; (c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties; (d) 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; (e) a person who owns, publishes, or is 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, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions. This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made; (f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church; (g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this section; or (h) an individual who receives no compensation to engage in lobbying and who does not make expenditures or incur obligations for lobbying in an aggregate amount in excess of five hundred dollars in a calendar year. (14) 'Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. (15) 'Person' means an individual, a partnership, committee, an association, a corporation, labor organization, or any other organization or group of persons. (16) 'Public body' means the General Assembly, the Executive Office of the Governor, any department of the State, or any state board, commission, agency, or authority, including committees of any such body, by whatever name known. (17) 'Public employee' means any person employed by the State. (18) 'Public official' means any elected or appointed official of the State, including candidates for any such state office. However, 'public official' does not mean a member of the judiciary. (19) 'Voluntary membership organization' means an organization composed of persons who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization. Section 2-17-15. (A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends. (B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991.
Section 2-17-20. (B) The registration must be in a form prescribed by the Secretary of State and be limited to and contain: (1) the lobbyist's full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist; (2) an identification of the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and (3) certification by the lobbyist that the information contained on the registration statement is true and correct. (C) Each lobbyist who ceases to engage in lobbying requiring him to register under this section must file a written statement with the Secretary of State acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he was registered under this section. (D) A lobbyist must file a supplemental registration statement indicating any substantial change in the information contained in the prior registration statement within fifteen days after the date of the change. (E) The Secretary of State annually must furnish to each chairman of standing and special committees of the General Assembly, each member of the General Assembly, and each statewide constitutional officer a list of all lobbyists registered with that office. The Secretary of State must furnish monthly updates to the same persons. These lists must be available to state agency heads upon request. (F) Each lobbyist must maintain for not less than four years records which must be available to the Secretary of State for inspection and which must contain: (1) the identification of each person from whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised; and (2) the total expenditures of the lobbyist for lobbying. (G) A lobbyist must reregister annually with the Secretary of State by January fifth of each year. (H) The Secretary of State shall not allow a lobbyist to register or reregister under this section until the lobbyist complies with the reporting requirements under Section 2-17-30. Section 2-17-25. (A) Any lobbyist's principal shall, within fifteen days of employing, appointing, or retaining a lobbyist, register with the Secretary of State as provided in this section. Each person registering shall pay a fee of fifty dollars. If a partnership, committee, an association, a corporation, labor organization, or any other organization or group of persons registers as a lobbyist's principal, then it must identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement. (B) The registration must be in a form prescribed by the Secretary of State and be limited to and include: (1) the full name, address, and telephone number of the lobbyist's principal. If the lobbyist's principal is an individual, the lobbyist's principal also shall include his occupation, name of employer, principal place of business, and position of authority held in that business by the lobbyist's principal; (2) an identification of each person the lobbyist's principal expects to employ, appoint, or retain as a lobbyist; (3) an identification of the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and (4) certification by the lobbyist's principal that the information contained on the registration statement is true and correct. A lobbyist's principal may comply with the requirements of items (1), (2), and (3) above by attaching a copy of the information submitted by any lobbyist employed, retained, or appointed by the lobbyist's principal if the information requested from the lobbyist's principal is the same as the information supplied by the lobbyist pursuant to Section 2-17-20. (C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under this section must file a written statement with the Secretary of State acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist's principal who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he was registered under this section. (D) A lobbyist's principal must file a supplemental registration statement indicating any substantial change in the information contained in the prior registration statement within fifteen days after the date of the change. (E) The Secretary of State annually must furnish to each chairman of standing and special committees of the General Assembly, each member of the General Assembly, and each statewide constitutional officer a list of every lobbyist's principal registered with that office. The Secretary of State must furnish monthly updates to the same persons. These lists must be available to state agency heads upon request. (F) Each lobbyist's principal must maintain for not less than four years records which must be available to the Secretary of State for inspection and which must contain: (1) the identification of each person to whom income attributable to lobbying is paid or promised and the amount of such income attributable to lobbying paid or promised; (2) the total expenditures of the lobbyist's principal for lobbying; and (3) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year. (G) A lobbyist's principal must reregister annually with the Secretary of State by January fifth of each year. (H) The Secretary of State shall not allow a lobbyist's principal to register or reregister under this section until the lobbyist's principal complies with the reporting requirements under Section 2-17-35.
Section 2-17-30. (1) the full name, address, and telephone number of the reporting lobbyist; (2) an identification of each person on whose behalf the reporting lobbyist engaged in lobbying during the covered period; (3) the official name, number, or description, designated by the House or Senate or by an agency, of legislation, covered agency actions, or covered gubernatorial actions for which the reporting lobbyist engaged in lobbying during the covered period; (4) the identification of each person from whom income attributable to the lobbyist's lobbying is paid or promised and the amount of the income attributable to the lobbyist's lobbying paid or promised; (5) (a) a complete and itemized account of the totals of all amounts expended by a lobbyist in the performance of his lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; (b) any expenditure directly or indirectly related to lobbying if expended while engaged in the general course of lobbying and if reimbursed by the lobbyist's principal; (6) the name of each member of the judiciary on whose behalf a lobbyist initiated or made expenditures and a complete and itemized account of the amount expended by the lobbyist for each member of the judiciary; (7) a statement detailing any direct business association of a lobbyist with any current member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees. For the purposes of this item, direct business association does not include: (a) ownership interests held by a lobbyist or a lobbyist's principal and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in such entity; (b) an interest held by a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in a partnership or corporation represented by a lobbyist or a lobbyist's principal if the interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (c) any commercial transaction between a lobbyist or a lobbyist's principal and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in which the fair market value of the goods transferred or services rendered is paid. (B) Where total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date. Section 2-17-35. (A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April first and October first of each year, must file a report with the Secretary of State covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. Each report must be in a form prescribed by the Secretary of State and be limited to and contain: (1) the full name, address, and telephone number of the reporting lobbyist's principal; (2) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist's principal during the covered period; (3) the official name, number, or description, designated by the House or Senate or by an agency, of legislation, covered agency actions, or covered gubernatorial actions for which its lobbyist engaged in lobbying during the covered period; (4) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of the income attributable to the lobbyist's lobbying paid or promised; (5) (a) a complete and itemized account of all amounts expended by a lobbyist's principal for lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; (b) any expenditure directly or indirectly related to lobbying if expended while a lobbyist's principal or his lobbyist is engaged in the general course of lobbying; (c) the name of each public official on whose behalf a lobbyist's principal initiated or made expenditures pursuant to Section 2-17-90 and a complete and itemized account of the amount expended by the lobbyist's principal for each public official; (d) any reimbursements of or expenditures for actual expenses as allowed in Section 2-17-100; (6) the name of each member of the judiciary on whose behalf a lobbyist's principal initiated or made expenditures and a complete and itemized account of the amount expended by the lobbyist's principal for each member of the judiciary; (7) a statement detailing any direct business association of a lobbyist's principal with any current member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees. For the purposes of this item, direct business association does not include: (a) ownership interests held by a lobbyist or a lobbyist's principal and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in the entity; (b) an interest held by a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in a partnership or corporation represented by a lobbyist or a lobbyist's principal if the interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (c) any commercial transaction between a lobbyist or lobbyist's principal and a member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees in which the fair market value of the goods transferred or services rendered is paid; (8) any contribution, as defined by Section 8-13-1300(7), made by the lobbyist's principal to any candidate or public official, including an itemization of: (a) the name and address of the public official or candidate to whom the contribution was made; (b) the amount of the contribution; (c) the date of the contribution; (9) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year. (B) A lobbyist's principal may comply with the requirements of subsection (A) by attaching a copy of the information submitted by any lobbyists employed, retained, or appointed by the lobbyist's principal if the information requested from the lobbyist's principal is the same as the information supplied by the lobbyist pursuant to Section 2-17-30(A). (C) Where total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date. (D) If the State is a lobbyist's principal, the State is exempt from filing a report except as provided in Section 2-17-40(A).
Section 2-17-40. (1) an identification of each public official, public employee, or other person who engaged in lobbying for that agency during the covered period; (2) legislation, covered agency actions, or covered gubernatorial actions the persons identified in item (1) engaged in lobbying during the covered period; (3) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of the income attributable to the lobbyist's lobbying paid or promised; (4) (a) a complete and itemized account of all expenditures made or incurred by those persons identified in item (1) in the performance of their lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; (b) the name of each public official on whose behalf the state agency or department initiated or made expenditures pursuant to Section 2-17-90 and a complete and itemized account of the amount expended by the state agency or department for each public official; (c) any reimbursements of or expenditures for actual expenses as allowed in Section 2-17-100. (B) Where total amounts are required to be reported, totals must be reported for the entire calendar year to date. The reports required by this section are not required from any agency whose only lobbying is appearing before any committee of the General Assembly at the request of that committee or at the request of any member or members of that committee. Section 2-17-45. An entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or a member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials and which disseminates its rankings or ratings to the general public must no later than April first of each year file a report with the Secretary of State. The provisions of this section do not apply to an entity whose primary business is the publication of a newspaper or other periodical or the production of electronic media programming or to a private membership organization which disseminates its rankings or ratings only to its own membership. The entity shall file the report on a form prescribed by the Secretary of State which must contain the full name, address, and telephone number of: (1) the entity; (2) each officer and director of the entity; (3) each member of the entity who is a member of the General Assembly; and (4) each member of the entity who is a lobbyist or a lobbyist's principal.
Section 2-17-50.
(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 any person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows: (a) a fine of one hundred dollars if not filed within ten days after the established deadline provided in this chapter; (b) after notice has been given by certified or registered mail by the Secretary of State that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars. (B) Filing of the required report and payment of the fine within twenty days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with this chapter. (C) Payment of the fine without filing the required report does not in any way excuse or exempt any person required to file from the filing requirements of this chapter.
Section 2-17-60. (1) to develop forms for the filing of notices of registration, representation, complaints, and reports required by this chapter and to furnish the forms to persons upon request; (2) to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and prior to January tenth of each succeeding year; (3) to develop a filing, coding, and cross-indexing system consonant with the purpose of this chapter; (4) to make the notices of registration and the reports filed with the Secretary of State available for public inspection and copying as soon as practicable after receipt of them and to permit copying of any report or statement by hand or by duplicating machine, as requested by any person, at the expense of the person; (5) to preserve the originals or copies of notices and reports for a period of four years from date of receipt; (6) to have information, compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period. Section 2-17-65. (A) The Secretary of State shall conduct periodic reviews of reports filed with the Secretary of State so as to ascertain whether any lobbyist or lobbyist's principal has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations prescribed by the Secretary of State under this chapter. (B) The Secretary of State, upon a failure by any lobbyist or lobbyist's principal to comply fully and accurately with the disclosure requirements of this chapter, may conduct audits of the records of the lobbyist or the lobbyist's principal to verify the accuracy of the information provided by the lobbyist or the lobbyist's principal according to the requirements of this chapter. However, the Secretary of State shall limit his audit of those records of a lobbyist or a lobbyist's principal to matters within the scope of lobbying. (C) If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of probable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70.
Section 2-17-70. (B) If, after preliminary investigation, the Attorney General finds that probable cause exists to support an alleged violation, he shall, as appropriate,: (1) render an advisory opinion to the lobbyist or lobbyist's principal complained of and require his compliance with the opinion in a reasonable time period; (2) issue subpoenas, upon order of a court of competent jurisdiction, or submit interrogatories to the lobbyist or lobbyist's principal complained of for the purpose of further investigating violations of this chapter; (3) prosecute a person who knowingly or wilfully violates any provision of this chapter. (C) All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist or lobbyist's principal. If further investigation is conducted by the Attorney General under subsection (B)(2), the lobbyist or lobbyist's principal must be afforded appropriate due process protections, including the right to be represented by counsel. (D) All actions taken by the Secretary of State or the Attorney General on complaints, except on alleged violations which are found to be groundless, are a matter of public record upon final disposition. Section 2-17-80. (A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following: (1) lodging; (2) transportation; (3) entertainment; (4) food, meals, beverages, money, or any other thing of value; (5) contributions, as defined in Section 8-13-1300(7). (B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following: (1) lodging; (2) transportation; (3) entertainment; (4) food, meals, beverages, money, or any other thing of value; (5) contributions, as defined in Section 8-13-1300(7). (C) Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee. (D) Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or any person acting on behalf of a lobbyist or a lobbyist's principal to any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees. (E) Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection. Section 2-17-90. (A) Except as otherwise provided under Section 2-17-100, no lobbyist's principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except for: (1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups; (2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited; (3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section; (4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited; (5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited; (6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from: (a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below; (b) any statewide constitutional officer, in the case of himself or any of his employees; (c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or (d) the Speaker of the House, in the case of a member of the House of Representatives or its employees. (B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee. (C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received. (D) Except as otherwise provided by subsection (E), a lobbyist's principal extending an invitation under subsection (A) must report all expenses as required by Section 2-17-35. (E) If the disclosure required by subsections (C) or (D) would compromise the confidentiality of a state or local economic development project and the approving official under subsection (A)(6) has indicated in the prior written approval that disclosure of that information would jeopardize the negotiations in an economic development project, then the approving official must forward a confidential copy of the prior written approval to the lobbyist's principal involved and the Secretary of State. The public official must disclose only the value of the thing of value received with a notation 'for economic development -- confidential' on the forms required by Sections 8-13-1110 and 8-13-1120. The lobbyist's principal must not disclose any information identifying the recipient or details of the expenditure on the form required by Section 2-17-35. The public official and the lobbyist's principal must report all required information on forms developed by the Secretary of State for the reporting of information under this subsection. These forms must be marked 'confidential' and must not be a part of the public record until such time as the approving official determines that public disclosure is appropriate. (F) The provisions of this section do not apply to a public official or a public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal. Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. Notwithstanding the limitations of Section 2-17-90, a public official may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official who is required to file a statement of economic interests under Section 8-13-1100. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from: (1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below; (2) any statewide constitutional officer, in the case of himself; (3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or (4) the Speaker of the House, in the case of a member of the House of Representatives. Section 2-17-110. (A) A lobbyist may not solicit or accept compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation, covered agency actions, or covered gubernatorial actions. A lobbyist's principal may not employ, appoint, or retain a lobbyist for compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation, covered agency actions, or covered gubernatorial actions. (B) A lobbyist may not cause the introduction of legislation, covered agency actions, or covered gubernatorial actions for the purpose of obtaining employment to engage in lobbying in support of or in opposition to the action. (C) A lobbyist may not serve as a treasurer for a candidate, as defined in Section 8-13-1300(4). (D) A lobbyist may not serve as a member of a state board or state commission, except that any lobbyist serving as a member of a state board or a state commission before January 1, 1991, may continue to serve as a member of the same state board or state commission until the end of his current term. (E) A lobbyist, including a lobbyist who is a former member of the General Assembly, may not enter the floor of the House of Representatives or the Senate unless invited by the membership of the respective chamber during a session of the General Assembly. (F) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal may not host events to raise funds for public officials. No public official may solicit a lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal to host a fundraising event for the public official. (G) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal may not employ on retainer a public official, a public employee, a member of the immediate family of a public official or public employee, or a firm or organization in which the public official or public employee has an economic interest. A retainer, for purposes of this section, is a payment for availability to perform services rather than for actual services rendered. (H) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not pay an honorarium to a public official or a public employee. This subsection does not prohibit the reimbursement of or expenditure for actual expenses by a lobbyist's principal as allowed in Section 2-17-100. (I) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal may not offer, facilitate, or provide a loan to or on behalf of a statewide constitutional officer or a member of the General Assembly unless the lobbyist's principal is a financial institution authorized to transact business in the State and makes the loan in the ordinary course of business. Section 2-17-120. A lobbyist who is indicted in a state or federal court for a violation of this chapter must be suspended immediately from acting as a lobbyist by the Secretary of State. The suspension shall remain in effect until the lobbyist is acquitted, the charge is dismissed, or the lobbyist becomes subject to Section 2-17-130. Section 2-17-130. (A) A lobbyist or a lobbyist's principal who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. In addition, any lobbyist or lobbyist's principal convicted of or pleading guilty or nolo contendere to a misdemeanor under the provisions of this section is barred from acting as a lobbyist or a lobbyist's principal for a period of three years from the date of the conviction. (B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. (C) The payment of any fines does not in any way excuse or exempt any person required to file from the filing requirements of this chapter. Section 2-17-140. If an alleged violation is found to be groundless by the Secretary of State, the entire matter must be stricken from public record. If the Secretary of State finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint by a person with the Secretary of State is a misdemeanor, and the person filing a complaint, upon conviction, must be fined not more than one thousand dollars. In lieu of the criminal penalty provided by this section, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. Section 2-17-150. A prosecution for a violation of the provisions of this chapter must be commenced no later than four years after the date the violation is alleged to have occurred unless a person, who by fraud or other device, prevents discovery of the violation." SECTION 3. Chapter 13, Title 8 of the 1976 Code is amended to read:
Ethics, Government Accountability, and Campaign Reform Article 1 General Provisions
Section
(1) (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) a campaign contribution properly received and reported under the provisions of this chapter. (2) 'Appropriate supervisory office' means: (a) the State Ethics Commission for all persons required to file reports under this chapter except for those members of or candidates for the office of State Senator or State Representative; (b) the Senate Ethics Committee for members of or candidates for the office of State Senator and the House of Representatives Ethics Committee for members of or candidates for the office of State Representative. (3) 'Business' means a corporation, partnership, proprietorship, firm, an enterprise, a franchise, an association, organization, or a self-employed individual. (4) 'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class. (5) 'Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976. (6) 'Compensation' means money, anything of value, an in-kind contribution or expenditure, or economic benefit conferred on or received by a person. (7) 'Confidential information' means information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of such nature that it is not, at the time of transmission, a matter of public record or public knowledge. (8) 'Consultant' means a person, other than a public official, public member, or public employee who contracts with the State, county, municipality, or a political subdivision thereof to: (a) evaluate bids for public contracts, or (b) award public contracts. (9) '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, as defined in Section 8-13-1300(6), for the purpose of influencing an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. 'Contributions' do not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source. (10) 'Corporation' means an entity organized in the corporate form under federal law or the laws of any state. (11) (a) 'Economic interest' means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a public official, public member, or public employee may gain an economic benefit of fifty dollars or more. (b) This definition does not prohibit a public official, public member, or public employee from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the public official, public member, or public employee is incidental to the public official's, public member's, or public employee's position or which accrues to the public official, public member, or public employee as a member of a profession, occupation, or large class to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class. (12) '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. (13) 'Elective office' means an office at the state, county, municipal, or political subdivision level. For the purposes of Articles 1 through 11, the term 'elective office' does not include an office under the unified judicial system except that for purposes of campaign practices, campaign disclosure, and disclosure of economic interests, 'elective office' includes the office of probate judge. (14) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, a gift of money, or anything of value for any purpose. (15) 'Family member' means an individual who is: (a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or (b) a member of the individual's immediate family. (16) 'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given or paid to a public official, public member, or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. A gift does not include campaign contributions accepted pursuant to this chapter. (17) 'Governmental entity' means the State, a county, municipality, or political subdivision thereof with which a public official, public member, or public employee is associated or employed. '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. (18) 'Immediate family' means: (a) a child residing in a candidate's, public official's, public member's, or public employee's household; (b) a spouse of a candidate, public official, public member, or public employee; or (c) an individual claimed by the candidate, public official, public member, or public employee or the candidate's, public official's, public member's, or public employee's spouse as a dependent for income tax purposes. (19) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable. (20) 'Individual' means one human being. (21) 'Individual with whom he is associated' means an individual with whom the person or a member of his immediate family mutually have an interest in any business of which the person or a member of his immediate family is a director, officer, owner, employee, compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class. (22) 'Loan' means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part. (23) 'Official responsibility' means the direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates, to approve, disapprove, or otherwise direct government action. (24) 'Person' means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any other organization or group of persons acting in concert. (25) 'Public employee' means a person employed by the State, a county, a municipality, or a political subdivision thereof. (26) 'Public member' means an individual appointed to a noncompensated part-time position on a board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. (27) 'Public official' means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereof, including candidates for the office. 'Public official' does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter. (28) 'Represent' or 'Representation' means making an appearance, whether gratuitous or for compensation, before a state agency, office, department, division, bureau, board, commission, or council, including the General Assembly, or before a local or regional government office, department, division, bureau, board, or commission. (29) 'Substantial monetary value' means a monetary value of five hundred dollars or more.
State Ethics Commission
Section
(B) There is
(C) The terms of the members
(D) The commission shall elect a chairman, a vice-chairman, and such other officers as it
Section
(5) to make the notices of registration and reports filed available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of a report or statement by hand or by duplicating machine, as requested by a person, at the expense of the person; (6) to preserve the originals or copies of notices and reports for four years from date of receipt; (7) to ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly to notify the person to file the necessary notices and reports to satisfy the requirements of this chapter or regulations promulgated by the commission under this chapter; (8) to request the Attorney General, in the name of the commission, to initiate, prosecute, defend, or appear in a civil or criminal action for the purpose of enforcing the provisions of this chapter, including a civil proceeding for injunctive relief and presentation to a grand jury;
(a) The commission may commence an investigation on the filing of a complaint by an individual or by the commission, as provided in item (10)(d), upon a majority vote of the total membership of the commission.
(b)
(c) If an alleged violation is found to be groundless by the commission, the entire matter
(d)
(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation,
(c) If the commission or its executive director determines that the complaint (d) If the commission, upon the receipt of any information, finds probable cause to believe that a violation of the chapter has occurred, it may, upon its own motion and an affirmative vote of the majority of the total membership of the commission, file a verified complaint, in writing, that states the name of the person alleged to have committed a violation of this chapter and the particulars of the violation. The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint. (e) If the commission determines that assistance is needed in conducting an investigation, the commission shall request the assistance of appropriate agencies.
(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by affirmative vote of a majority of the members of the commission, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section. (g) All investigations, inquiries, hearings, and accompanying documents must remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars. (h) The commission must afford a public official, public member, public employee, lobbyist, or lobbyist's principal who is the subject of a complaint the opportunity to be heard on the alleged violation under oath, the opportunity to offer information, and the appropriate due process rights including, but not limited to, the right to counsel. The commission, in its discretion, may turn over to the Attorney General for prosecution apparent evidence of a violation of the chapter. (i) At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of law, must make a recommendation whether probable cause exists to believe that a violation of this chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission determines that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the chapter has occurred. If the commission finds probable cause to believe that a violation of this chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation.
(k) No later than sixty days after the conclusion of a hearing to determine whether a violation of the chapter has occurred, the commission panel must set forth its determination in a written decision with findings of fact and conclusions of law. (l) The written decision as provided for in subitem (k) may set forth an order: (i) requiring the public official, public member, or public employee to pay a civil penalty of not more than two thousand dollars for each violation; (ii) requiring the forfeiture of gifts, receipts, or profits, or the value thereof, obtained in violation of the chapter, voiding nonlegislative state action obtained in violation of the chapter; or (iii) requiring a combination of subitems (i) and (ii) above, as necessary and appropriate. (m) Within ten days after service of an order, report, or recommendation, a respondent may apply to the commission for a full commission review of the decision made by the commission panel. The review must be made on the record established in the panel hearings. This review is the final disposition of the complaint before the commission. An appeal to the circuit court, pursuant to Section 1-23-380, stays all actions and recommendations of the commission unless otherwise determined by the circuit court. (n) A fine imposed by the commission, disciplinary action taken by an appropriate authority, or a determination not to take disciplinary action made by an appropriate authority is public record. This section does not limit the power of either chamber of the General Assembly to impeach a public official or limit the power of a department to discipline its own officials or employees. This section does not preclude prosecution of public officials, public members, or public employees for violation of any law of this State.
(o) All actions taken by the commission on complaints, except on alleged violations which are found to be groundless by the commission, are a matter of public record upon final disposition
(13) on and after July 1, 1993, to administer Chapter 17 of Title 2 by use of the duties and powers listed in this section.
Section (B) No member or employee of the commission may be a candidate, an official in a political party, or a lobbyist. Other than by virtue of membership on or employment with the State Ethics Commission, no member or employee of the commission may be a public official, public member, or public employee. (C) No member of the commission or its staff may participate in political management or in a political campaign during the member's or employee's term of office or employment. No member of the commission or its staff may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate.__Violation of this provision subjects the employee to immediate dismissal and the commissioner to removal by the Governor.
Section Section 8-13-350. When hired, filing for office, or appointed and upon assuming the duties of employment, office, or position in state government, a public official, public member, and public employee shall receive a brochure prepared by the State Ethics Commission describing the general application of this chapter. Section 8-13-360. Upon request, the commission shall make statements and reports filed with the commission available for public inspection and copying during regular office hours. The commission shall provide copying facilities at a cost not to exceed the actual cost. A statement may be requested by mail, and the commission shall mail a copy of the requested information to the individual making the request upon payment of appropriate postage, copying costs, and employee labor costs. The commission shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter.
Senate and House of Representatives Ethics
Section
Section
Section (1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;
(2) receive and hear
Section
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate: (a) render an advisory opinion to the respondent and require the respondent's compliance
(a) administer a public or private reprimand; (b) determine that a technical violation as provided for in Section 8-13-1170 has occurred; (c) recommend expulsion of the member; and/or, (d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation.
The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. (4) An individual has ten days from the date of the notification of the ethics committee's action to appeal the action to the full legislative body.
(6) The ethics committee shall establish procedures which afford respondents appropriate due process protections, 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.
Section
(B) Upon
Section (1) A member of the General Assembly who is indicted in a state court or a federal court for a crime that is a felony, a crime that involves moral turpitude, a crime that has a sentence of two or more years, or a crime that violates election laws must be suspended immediately without pay by the presiding officer of the House or Senate, as appropriate. The suspension remains in effect until the public official is acquitted, convicted, pleads guilty, or pleads nolo contendere. In the case of a conviction, the office must be declared vacant. In the event of an acquittal or dismissal of charges against the public official, he is entitled to reinstatement and back pay. (2) If the public official is involved in an election between the time of the suspension and final conclusion of the indictment, the presiding officer of the House or Senate, or the Governor, as appropriate, shall again suspend him at the beginning of his next term. The suspended public official may not participate in the business of his public office.
Rules of Conduct
Section
(B) No public official, public member, or public employee may make, participate in making, or in any way attempt to use his office, membership, or employment to influence a governmental decision in which he, a member of his immediate family, an individual with whom he is associated, or a business with which he is associated has an economic interest. A public official, public member, or public employee who, in the discharge of his official responsibilities, is required to take an action or make a decision which affects an economic interest of himself, a member of his immediate family, an individual with whom he is associated, or a business with which he associated shall: (1) prepare a written statement describing the matter requiring action or decisions and the nature of his potential conflict of interest with respect to the action or decision; (2) if the public official is a member of the General Assembly, he shall deliver a copy of the statement to the presiding officer of the appropriate house. The presiding officer shall have the statement printed in the appropriate journal and require that the member of the General Assembly be excused from votes, deliberations, and other action on the matter on which a potential conflict exists; (3) if he is a public employee, he shall furnish a copy of the statement to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take the action prescribed by the State Ethics Commission; (4) if he is a public official, other than a member of the General Assembly, he shall furnish a copy of the statement to the presiding officer of the governing body of any agency, commission, board, or of any county, municipality, or a political subdivision thereof, on which he serves, who shall cause the statement to be printed in the minutes and require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause the disqualification and the reasons for it to be noted in the minutes; (5) if he is a public member, he shall furnish a copy to the presiding officer of any agency, commission, board, or of any county, municipality, or a political subdivision thereof, on which he serves, who shall cause the statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists and shall cause such disqualification and the reasons for it to be noted in the minutes.
(D) The provisions of this section do not apply to any court in the unified judicial system. (E) When a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply.
Section (1) influence the discharge of a public official's, public member's, or public employee's official responsibilities; (2) influence a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or (3) induce a public official, public member, or public employee to perform or fail to perform an act in violation of the public official's, public member's, or public employee's official responsibilities. (B) A public official, public member, or public employee may not, directly or indirectly, knowingly ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person in return for being: (1) influenced in the discharge of his official responsibilities; (2) influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a governmental entity; or (3) induced to perform or fail to perform an act in violation of his official responsibilities. (C) A person may not, directly or indirectly, give, offer, or promise to give anything of value to another person 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: (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. (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 costs of travel and subsistence at trial, hearing, or proceeding, or, in the case of an expert witness, of the reasonable fee for time spent in the preparation of the opinion and in appearing or testifying. (F) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be punished by imprisonment for not more than ten years and a fine of not more than ten thousand dollars and is permanently disqualified from being a public official or a public member. A public official, public member, or public employee who violates the provisions of this section forfeits his public office, membership, or employment. (G) This section does not apply to political contributions unless the contributions are conditioned upon the performance of specific actions of the person accepting the contributions nor does it prohibit a parent, grandparent, or other close relative from making a gift to a child, grandchild, or other close relative for love and affection except as otherwise provided.
Section (A) Unless provided by subsection (B) and in addition to the requirements of Chapter 17 of Title 2, a public official or public employee required to file a statement of economic interests under Section 8-13-1110 who accepts anything of value from a lobbyist's principal must report the value of anything received on his statement of economic interests pursuant to Section 8-13-1120(A)(9). (B) A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 who receives, accepts, or takes, directly or indirectly, from a person, anything of value worth twenty-five dollars or more in a day and anything of value worth two hundred dollars or more in the aggregate in a calendar year must report on his statement of economic interests pursuant to Section 8-13-1120 the thing of value from: (1) a person, if there is reason to believe the donor would not give the thing of value but for the public official's, public member's, or public employee's office or position; (2) a person, or from an officer or director of a person, if the public official, public member, or public employee has reason to believe the person: (a) has or is seeking to obtain contractual or other business or financial relationships with the public official's, public member's, or public employee's governmental entity; (b) conducts operations or activities which are regulated by the public official's, public member's, or public employee's governmental entity. (C) Nothing in this section requires a public official, public member, or public employee to report a gift from a parent, grandparent, or relative to a child, grandchild, or other immediate family member for love and affection. Section 8-13-715. A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. Notwithstanding the limitations of Section 2-17-90, a public official or public member may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from: (1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section; (2) a statewide constitutional officer, in the case of himself; (3) the President Pro Tempore of the Senate, in the case of a member of the Senate; (4) the Speaker of the House, in the case of a member of the House of Representatives; or (5) the chief executive of the governmental entity in all other cases. Section 8-13-720. No person may offer or pay to a public official, public member, or public employee and no public official, public member, or public employee may solicit or receive money in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee.
Section
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(1) the governing body of a state, county, municipal, or political subdivision board or commission, and (2) as an employee of the same board or commission or serves in a position which is subject to the control of that board or commission may make or participate in making a decision which affects his economic interests.
Section (2) A member of the General Assembly, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before a governmental entity, except: (a) as required by law; (b) before a court under the unified judicial system; or (c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing. (3) A public member occupying statewide office, an individual with whom he is associated, or a business with which he is associated may not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law. (4) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that county except: (a) as required by law; or (b) before a court under the unified judicial system. (5) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law. (6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government except: (a) as required by law; (b) before a court under the unified judicial system; or (c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing. (7) The restrictions set forth in items (1) through (6) of this subsection do not apply to: (a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the public official, public member, or public employee is appearing; (b) representation by a public official, public member, or public employee in the course of the public official's, public member's, or public employee's official duties; (c) representation by the public official, public member, or public employee in matters relating to the public official's, public member's, or public employee's personal affairs or the personal affairs of the public official's, public member's, or public employee's immediate family. (B) A member of the General Assembly, when he, an individual with whom he is associated, or a business with which he is associated represents a client for compensation as permitted by subsection (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities. (C) A member of the General Assembly may not vote on the section of that year's general appropriation bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subsection (A)(2)(c) within one year prior to such vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole. Section 8-13-745. (A) No member of the General Assembly or an individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity if the member of the General Assembly has voted in the election, appointment, recommendation, or confirmation of a member of the governing body of the agency, board, department, or other entity within the twelve preceding months. (B) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or any individual with whom he is associated or business with which he is associated may represent a client for a fee in a contested case, as defined in Section 1-23-310, before an agency, a commission, board, department, or other entity elected, appointed, recommended, or confirmed by the House, the Senate, or the General Assembly if that member has voted on the section of that year's general appropriation bill or supplemental appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the general appropriation bill or from voting on the general appropriation bill as a whole. (C) Notwithstanding any other provision of law, after the effective date of this section, no member of the General Assembly or an individual with whom he is associated in partnership or a business, company, corporation, or partnership where his interest is greater than five percent may enter into any contract for goods or services with an agency, a commission, board, department, or other entity funded with general funds or other funds if the member has voted on the section of that year's appropriation bill relating to that agency, commission, board, department, or other entity within one year from the date of the vote. This subsection does not prohibit a member from voting on other sections of the appropriation bill or from voting on the general appropriation bill as a whole. (D) The provisions of this section do not apply to any court in the unified judicial system. (E) When a member of the General Assembly is required by law to appear because of his business interest as an owner or officer of the business or in his official capacity as a member of the General Assembly, this section does not apply. (F) The provisions of subsections (A), (B), and (C) do not apply in the case of any vote or action taken by a member of the General Assembly prior to January 1, 1992. Section 8-13-750. (A) No public official, public member, or public employee may cause the employment, appointment, promotion, transfer, or advancement of a family member to a state or local office or position in which the public official, public member, or public employee supervises or manages. (B) A public official, public member, or public employee may not participate in an action relating to the discipline of the public official's, public member's, or public employee's family member.
Section (1) serve as a lobbyist or represent clients before the agency or department on which he formerly served in a matter which he directly and substantially participated during his public service or employment; or (2) accept employment if the employment: (a) is from a person who is regulated by the agency or department on which the former public official, former public member, or former public employee served or was employed; and (b) involves a matter in which the former public official, former public member, or former public employee directly and substantially participated during his public service or public employment.
Section
Section 8-13-765. (A) No person may use government personnel, equipment, materials, or an office building in an election campaign. The provisions of this subsection do not apply to a public official's use of an official residence. (B) A government, however, may rent or provide public facilities for political meetings and other campaign-related purposes if they are available on similar terms to all candidates and committees, as defined in Section 8-13-1300(6). (C) This section does not prohibit government personnel, where not otherwise prohibited, from participating in election campaigns on their own time and on nongovernment premises. Section 8-13-770. A member of the General Assembly may not serve in any capacity as a member of a state board or commission, except for the State Budget and Control Board, the Advisory Commission on Intergovernmental Relations, the Legislative Audit Council, the Legislative Council, the Legislative Information Systems, the Reorganization Commission, the Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, and the joint legislative committees. Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of such contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State.
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(A) Nothing in Chapter 13 of Title 8 prevents an elected official from communicating, in writing, with a board or commission member or employee, on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the elected official, an individual with whom the elected official is associated, or a business with which the elected official is associated is not representing the constituent for compensation. (B) The provisions of Articles 1 through 11 of this chapter do not prohibit a public official from contracting with the State or a governmental entity when the contract is awarded in accordance with Chapter 35 of Title 11.
Section
Section 8-13-795. Nothing in Chapter 13 of Title 8 prevents a public official or a member of his immediate family from being awarded an award, a grant, or scholarship, or negatively reflects on a public official because of an award, a grant, or scholarship awarded to the public official or to a member of his immediate family on a competitive, objective basis if the public official has not wilfully contacted any person involved in the selection of the recipient, on behalf of the recipient, before the award.
Forms and Reports by Candidates for Election by the General Assembly
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Disclosure of Economic
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(B)
(10) a public official; (11) a public member who serves on a state board, commission, or council; (12) a consultant.
Section
(1) the name, business or government address, and workplace telephone number of the filer; (2) the source, type, and amount or value of income, not to include tax refunds, of substantial monetary value received from a governmental entity by the filer or a member of the filer's immediate family during the reporting period; (3) (a) the description, value, and location of all real property owned and options to purchase real property during the reporting period by a filer or a member of the filer's immediate family if: (i) there have been any public improvements of more than two hundred dollars on or adjacent to the real property within the reporting period and the public improvements are known to the filer; or (ii) the interest can reasonably be expected to be the subject of a conflict of interest; or (b) if the sale, lease, or rental of real property is to a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; or (4) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In the sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests; (5) the identity of every business or entity in which the filer or a member of the filer's immediate family held or controlled, in the aggregate, securities or interests constituting five percent or more of the total issued and outstanding securities and interests which constitute a value of one hundred thousand dollars or more; (6) (a) a listing by name and address of each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless: (i) the debt is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official, public member, or public employee; or (ii) the debt is promised or loaned by an individual's family member if the person who promises or makes the loan is not acting as the agent or intermediary for someone other than a person named in this subitem; and (b) the rate of interest charged the filer or a member of the filer's immediate family for a debt required to be reported in (a); If a discharge of a debt required to be reported in (a) has been made, the date of the transaction must be shown. (7) the name of any lobbyist, as defined in Section 2-17-10(13) who is: (a) an immediate family member of the filer; (b) an individual with whom or business with which the filer or a member of the filer's immediate family is associated; (8) if a public official, public member, or public employee receives compensation from an individual or business which contracts with the governmental entity with which the public official, public member, or public employee serves or is employed, the public official, public member, or public employee must report the name and address of that individual or business and the amount of compensation paid to the public official, public member, or public employee by that individual or business; (9) the source and a brief description of any gifts, including transportation, lodging, food, or entertainment received during the preceding calendar year from: (a) a person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position; or (b) a person, or from an officer or director of a person, if the public official or public employee has reason to believe the person: (i) has or is seeking to obtain contractual or other business or financial relationship with the official's or employee's agency; or (ii) conducts operations or activities which are regulated by the official's or employee's agency if the value of the gift is twenty-five dollars or more in a day or if the value totals, in the aggregate, two hundred dollars or more in a calendar year. (B) This article does not require the disclosure of economic interests information concerning: (1) a spouse separated pursuant to a court order from the public official, public member, or public employee; (2) a former spouse; (3) a campaign contribution that is permitted and reported under Article 13 of this chapter; or (4) matters determined to require confidentiality pursuant to Section 2-17-(90)(E).
Section
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Section (1) where the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or (2) where the entity was awarded a contract by the consultant. Section 8-13-1160. (A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two business days of receipt. (B) Within two business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee. Section 8-13-1170. (A) The appropriate supervisory office may, in its discretion, determine that errors or omissions on statements of economic interests are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the public official, public member, or public employee filing the statement. In lieu of all other penalties, the appropriate supervisory office may assess a technical violations penalty not exceeding fifty dollars. (B) The appropriate supervisory office may grant a reasonable extension of time for filing a statement of economic interests. The extension may not exceed thirty days except in cases of illness or incapacitation. Section 8-13-1180. (A) An elective official or the elective official's agent may not knowingly solicit a contribution from an employee in the elective official's area of official responsibility. (B) A public official or public employee may not provide an advantage or disadvantage to a public employee or applicant for public employment concerning employment, conditions of employment, or application for employment based on the employee's or applicant's contribution, promise to contribute, or failure to contribute to a candidate, a political party, as defined in Section 8-13-1300(26) or a committee, as defined in Section 8-13-1300(6).
Section 8-13-1300. As used in this article: (1) 'Appropriate supervisory office' means: (a) the State Ethics Commission for all candidates for public office in this State except for members of or candidates for the office of State Senator or State Representative; (b) the Senate Ethics Committee for members of or candidates for the office of State Senator, and the House of Representatives Ethics Committee for members of or candidates for the office of State Representative; (c) the State Ethics Commission for all committees, except legislative caucus committees, supporting or opposing a ballot measure or supporting or opposing a candidate; (d) the Senate Ethics Committee for all legislative caucus committees affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees affiliated with both houses. (2) 'Ballot measure' means a referendum, proposition, or measure submitted to voters for their approval. (3) 'Business' means a corporation, partnership, proprietorship, firm, an enterprise, a franchise, an association, organization, or a self-employed individual. (4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976. (5) 'Charitable organization' means an organization described in Title 26, Section 170(c) of the United States Code as it currently exists or as it may be amended. (6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual who, to influence the outcome of an elective office or a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them. 'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election. (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. (8) 'Corporation' means an entity organized in the corporate form under federal law or the laws of any state. (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. (10) 'Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply. (11) 'Elective office' means an office at the state, county, municipal or political subdivision level. For the purposes of this article, the term 'elective office' does not include an office under the unified judicial system except for purposes of campaign practices, campaign disclosure, and disclosure of economic interests, 'elective office' includes the office of probate judge. (12) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money, or anything of value for any purpose. (13) 'Expenditures incurred' means an amount owed to a creditor for purchase of delivered goods or completed services. (14) 'Family member' means an individual who is: (a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or (b) a member of the individual's immediate family. (15) 'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given for pay to a public official or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. A gift does not include campaign contributions accepted pursuant to this article. (16) 'Immediate family' means: (a) a child residing in a candidate's, public official's, public member's, or public employee's household; (b) a spouse of a candidate, public official, public member, or public employee; or (c) an individual claimed by the candidate, public official, public member, or public employee or the candidate's, public official's, public member's, or public employee's spouse as a dependent for income tax purposes. (17) 'Independent expenditure' means: (a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate; 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. (18) 'Individual' means one human being. (19) 'Individual with whom he is associated' means an individual with whom the person or a member of his immediate family mutually has an interest in a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class. (20) 'In-kind contribution or expenditure' means goods or services which are provided to or by a person at no charge or for less than their fair market value. (21) 'Legislative caucus committee' means: (a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; (b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for each racial-, ethnic-, or gender-based affinity. (22) 'Loan' means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part. (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, 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. (24) 'Party committee' means a committee established by a political party. (25) 'Person' means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any other organization or group of persons acting in concert. (26) 'Political party' means an association, a committee, or an organization which nominates a candidate whose name appears on the election ballot as the candidate of that association, committee, or organization. (27) 'Public employee' means a person employed by the State, a county, a municipality, or a political subdivision thereof. (28) 'Public official' means an elected or appointed official of the State, a county, a municipality or a political subdivision thereof, including candidates for the office. However, 'public official' does not mean a member of the judiciary except for purposes of campaign financing, a probate judge is considered a public official and must meet the requirements of this article. (29) 'Statewide office' means an elective office other than a federal office eligible to be voted upon by all electors of the State. (30) 'Transfer' means the movement or exchange of funds or anything of value between committees and candidates except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article. Section 8-13-1302. (A) A candidate or committee shall maintain and preserve an account of: (1) the total of contributions accepted by the candidate or committee; (2) the name and address of each person making a contribution and the date of receipt of each contribution; (3) the total of expenditures made by or on behalf of the candidate or committee; (4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; (5) all receipted bills, canceled checks, or other proof of payment for each expenditure. (B) The candidate or committee must maintain and preserve all receipted bills and accounts required by this article for four years. Section 8-13-1304. A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure. Section 8-13-1306. (A) The statement of organization of a committee must include: (1) the full name of the committee; (2) the complete address and telephone number of the committee; (3) the date the committee was organized; (4) a summary of the purpose of the committee; (5) the name and 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 must specify the trade, profession, or primary interest of contributors to the committee; (6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee; (7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers; (8) the full name and address of the depository in which the committee maintains its campaign account and the number of the account; (9) a certification of the statement by the chairman and the treasurer. (B) 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 commonly is known or clearly recognized by the general public. (C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change. Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election as provided in subsection (D). (B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election. (C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee. (D) (1) At least fifteen days before an election, 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 maintain a current list during the twenty-day period before the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request. (2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within twenty days before the election 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 a runoff election, 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. (E) Certified campaign reports detailing campaign contributions and expenditures must contain: (1) the total of contributions accepted by the candidate or committee; (2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution; (3) the total expenditures made by or on behalf of the candidate or committee; (4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure. Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office. (B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within two business days of receipt. (C) Within two days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file. (D) As provided in Section 8-13-1372, the State Election Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions. Section 8-13-1312. A candidate may not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee may not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's 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 a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within ten days after receipt, the contribution must be remitted to the Children's Trust Fund. Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept: (1) a contribution which exceeds: (a) three thousand five hundred dollars in the case of a candidate for statewide office; or (b) one thousand dollars in the case of a candidate for any other office; (2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor; (3) a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; (4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318. (B) The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign. Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees which total in the aggregate more than: (1) fifty thousand dollars in the case of a candidate for statewide office; (2) five thousand dollars in the case of a candidate for any other office. (B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to: (1) the operation of telephone banks; (2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or (3) voter registration and ballot information. Section 8-13-1318. If a candidate has a debt from a campaign for an elective office, the candidate may accept contributions to retire the debt, even if the candidate accepts contributions for another elective office or the same elective office during a subsequent election cycle, as long as those contributions accepted to retire the debt are: (1) within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred; and (2) reported as provided in this article. Section 8-13-1320. For purposes of this article: (1) A contribution made on or before the seventh day after a primary or primary runoff is attributed to the primary or primary runoff, respectively. (2) A contribution made on or before the end of the quarter immediately following a general election or special election is attributed to the general election or special election, respectively. Section 8-13-1322. (A) A person may not contribute to a committee and a committee may not accept from a person contributions aggregating more than three thousand five hundred dollars in a calendar year. (B) A person may not contribute to a committee and a committee may not accept from a person a cash contribution unless the cash contribution does not exceed twenty-five dollars for each election and is accompanied by a record of the amount of the contribution and the name and address of the contributor. Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate or committee and a candidate or committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part. (B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund. Section 8-13-1326. (A) A loan is considered a contribution from the maker or the guarantors of the loan and is subject to the contribution limitations of this article. (B) A loan to a candidate must be by written agreement. (C) The proceeds of a loan made to a candidate under the following conditions are not subject to the contribution limits of this article: (1) by a commercial lending institution; (2) in the regular course of business; (3) on the same terms ordinarily available to members of the public; and (4) secured or guaranteed upon which collection is not made. Section 8-13-1328. (A) A candidate for statewide office or the candidate's family member must not be repaid, for a loan made to the candidate, more than twenty-five thousand dollars in the aggregate after the election. (B) A candidate for an elective office other than those specified in subsection (A) or a family member of a candidate for an elective office other than those specified in subsection (A) must not be repaid, for a loan made to the candidate, more than ten thousand dollars in the aggregate after the election. Section 8-13-1330. Contributions by each spouse are considered separate contributions and are not attributable to the other spouse. Contributions by unemancipated children under eighteen years of age are considered contributions by their parents. 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 custodial parent. Section 8-13-1332. It is unlawful for: (1) a committee to make a contribution or expenditure by using: (a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or (b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or (c) monies obtained by the committee in a commercial transaction; (2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; (3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families; (4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families. Section 8-13-1334. Notwithstanding Section 8-13-1332, a corporation or organization and their committees may through biannual seminars or at the time of hiring nonexecutive and nonadministrative personnel provide educational materials to such personnel explaining their organization, purposes, and operation and also may request contributions to their committees if the committees certify in their reports, as required under Section 8-13-1308, that the requirements of Section 8-13-1332 are met. Section 8-13-1336. (A) No public official, candidate, public employee, or committee may accept or solicit campaign contributions on the State Capitol grounds, including the office complexes located on them, or in any building which houses the principal office of a statewide officer. (B) No public official, candidate, public employee, or committee may accept or collect campaign contributions on the grounds of or in any building which houses the official residence of a statewide officer. (C) Contributions delivered by mail are excluded from the provisions of this section. Section 8-13-1338. (A) The following persons personally may not solicit, verbally or in writing, a contribution to a candidate: (1) a law enforcement officer while in uniform; (2) a judge or candidate for judicial office; (3) a solicitor, an assistant solicitor, or an investigator in a solicitor's office; (4) the Attorney General, a deputy attorney general, an assistant attorney general, or an investigator in the Attorney General's office. (B) The restrictions of subsection (A) on solicitation of contributions do not apply to: (1) a candidate soliciting a contribution to his own campaign; or (2) a part-time assistant solicitor. (C) A law enforcement officer while in uniform may not solicit a contribution to any political party or candidate. Section 8-13-1340. (A) A candidate may not make a contribution to another candidate or make an independent expenditure on behalf of another candidate. (B) This section does not prohibit a candidate from: (1) making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or (2) providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article. (C) Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A). Section 8-13-1342. No person who has been awarded a contract with the State, a county, a municipality, or a political subdivision thereof, other than contracts awarded through competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which a public official has an interest if that official was in a position to act on the contract's award. No public official or public employee may solicit campaign contributions or investments in exchange for the prior award of a contract or the promise of a contract with the State, a county, a municipality, or a political subdivision thereof. Section 8-13-1344. (A) A public utility may not include in its operating expenses a contribution or expenditure to influence an election or to operate a political action committee. (B) 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. (C) An employer may not provide an advantage or disadvantage to an employee concerning the employee's employment or conditions of employment based on the employee's contribution, promise to contribute, or failure to contribute to a candidate, committee, or political party. (D) A person may not, directly or indirectly, reimburse a person, except for the person's immediate family, for a contribution to a candidate, committee, or political party. Section 8-13-1346. A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. 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. Section 8-13-1348. (A) No candidate, committee, public official, or political party may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office. (B) The payment of reasonable and necessary travel expenses or for food or beverages consumed by the candidate or members of his immediate family while at, and in connection with, a political event are permitted. (C) An expenditure of more than twenty-five dollars must be made by a written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient. Expenditures of twenty-five dollars or less that are not made by a written instrument containing the name of the candidate or committee and the name of the recipient must be accounted for by a written receipt or written record. (D) An expenditure may not be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange. (E) A candidate or a duly authorized officer of a committee may not withdraw more than one hundred dollars from the campaign account to establish or replenish a petty cash fund for the candidate or committee at any time, and at no time may the fund exceed one hundred dollars. Expenditures from the petty cash fund may be made only for office supplies, food, transportation expenses, and other necessities and may not exceed twenty-five dollars for each expenditure. Section 8-13-1350. (A) A candidate for elective office may use or permit the use of contributions solicited for or received by the candidate for that office to further the candidacy of the individual for a different office as long as the contributions have been received on or before December 31, 1992, and have been transferred to a campaign account for the different office on or before December 31, 1992. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds does not limit in any way a candidate from retaining funds for use in a subsequent race for the same elective office. (B) Any assets or funds which are: (1) the proceeds of a campaign contribution which are held by or under the control of a public official or a candidate for public office on January 1, 1993; and
(2) which continue to be held by or under the control of a public official or a candidate for public office on January 1, 1993; Section 8-13-1352. Notwithstanding the provisions of Section 8-13-1350, a candidate may use or permit the use of contributions solicited for or received by the candidate to further the candidacy of the individual for an elective office other than the elective office for which the contributions were received if: (1) the person originally making the contribution gives written authorization for its use to further the candidacy of the individual for a specific office which is not the office for which the contribution was originally intended; and (2) the contribution is otherwise permitted by law. Section 8-13-1354. A person who makes an independent expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement. Section 8-13-1356. (A) This section applies to a person who has not filed a statement for the calendar year as a public official under Section 8-13-1110. (B) A candidate must file a statement of economic interests for the preceding calendar year at the same time and with the same official with whom the candidate files a declaration of candidacy or petition for nomination. (C) The official with whom the candidate files a declaration of candidacy or petition for nomination must, no later than five business days after receiving a candidate's statement of economic interests under subsection (B), file a copy of the statement with the appropriate supervisory office. (D) An individual who becomes a candidate other than by filing must, no later than fifteen business days after becoming a candidate, file a statement of economic interests for the preceding calendar year with the appropriate supervisory office. (E) An officer authorized to receive declarations of candidacy and petitions for nominations under the provisions of Chapter 11 of Title 7 may not accept a declaration of candidacy or petition for nomination unless the declaration or petition is accompanied by a statement of economic interests. If the candidate's name inadvertently appears on the ballot, the officer authorized to receive declarations of candidacy or petitions for nomination must not certify the candidate subsequent to the election. (F) If the candidate files for office before January first of the year in which the election is held, he must file a supplementary statement covering the preceding calendar year no later than April first of the year in which the election is held. (G) A candidate who is not a public official otherwise filing a statement has the same disclosure requirements as a public official with the exception of reporting gifts. (H) The State Ethics Commission must furnish to each clerk of court in the State forms on which the statement of economic interests shall be filed. Section 8-13-1358. Certified campaign reports must be filed on a format specified by the State Ethics Commission. The reports filed must be typed or printed in ink on forms supplied by the commission. A report may be filed with the commission on a computerized printout if the commission approves the proposed format and style. Section 8-13-1360. (A) The State Ethics Commission shall develop a contribution and expenditure reporting form which must include: (1) a designation as a pre-election or quarterly report and, if a pre-election report, the election date; (2) the candidate's name and address or, in the case of a committee, the name and address of the committee; (3) the balance of campaign accounts on hand at the beginning and at the close of the reporting period and the location of those campaign accounts; (4) the total amount of all contributions received during the reporting period; the total amount of contributions of one hundred dollars or less in the aggregate from one source received during the reporting period; and the name and address of each person contributing more than one hundred dollars in the aggregate during the reporting period, the date and amount of the contribution, and the year-to-date total for each contributor. Written promises or pledges to make a contribution must be reported separately in the same manner as other monetary contributions; (5) the total amount of all loans received during the reporting period and the total amount of loans for the year to date. The report also must include the date and amount of each loan from one source during the reporting period, the name and address of each maker or guarantor of each loan, the year-to-date total of each maker or guarantor, and the terms of the loan, including the interest rate, repayment terms, loan payments, and existing balances on each loan; (6) the date and amount of any in-kind contributions of more than one hundred dollars in the aggregate by one person during the reporting period, and the contributor's name, address, and year-to-date total; (7) the total amount of all refunds, rebates, interest, and other receipts not previously identified during the reporting period, and their year-to-date total; the total amount of other receipts received of one hundred dollars or less in the aggregate from one source during the reporting period; the date and amount of each refund, rebate, interest, or other receipt not previously identified of more than one hundred dollars_in the aggregate from one source, the name and address and the year-to-date total for each source; (8) the aggregate total of all contributions, loans, and other receipts during the reporting period and the year-to-date total; the amount, date, and a brief description of each expenditure made during the reporting period, the name and address of the entity to which the expenditure was made, and the year-to-date total of expenditures to that entity. Credit card expenses and candidate reimbursements must be itemized so that the purpose and recipient of the expenditure are identified; (9) the total amount of all loans made during the reporting period and the year-to-date total. The report also must include the date and amount of each loan to one entity during the reporting period, the name and address of each recipient of the loan, and the terms of the loan, including the interest rate, repayment terms, purpose of the loan, the year-to-date total, and existing balances. (B) A candidate or committee must disclose all information required on the form developed under this section. Section 8-13-1362. (A) If a candidate or committee has not accepted any contributions and has not made any expenditures during a reporting period, the candidate or a duly authorized officer of the committee must file a statement of inactivity. (B) A statement of inactivity must include the candidate's or committee's name and address; the type of report, pre-election or quarterly; and a statement by the candidate or a duly authorized officer of the committee verifying that no contributions were received and no expenditures were made during the reporting period. For the purpose of this report, interest earned is not a contribution. Section 8-13-1364. The appropriate supervisory office must send a notice of obligation to report and reporting forms by first class mail no less than thirty days before the filing date for each reporting period. A candidate or committee is not relieved of reporting responsibilities if the notice or forms are not sent or if the candidate or committee does not receive a notice or forms. Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost. Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred. (B) Committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred. (C) If a committee owes or is owed money, the committee may dissolve but must report the status of the debt annually on the same schedule as active committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report. (D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition. Section 8-13-1370. (A) Contributions received by a candidate that are in excess of expenditures during an election cycle must be used by the candidate upon final disbursement: (1) to defray ordinary and necessary expenses incurred in connection with his duties in his public office; (2) to be contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986, a political party, or a committee; (3) to be maintained in the campaign account for a subsequent race for the same elective office; (4) to further the candidacy of the individual for a different elective office. However, after December 31, 1992, the funds must be used in a campaign for a different elective office only as provided for in Section 8-13-1352; (5) to be returned pro rata to all contributors; (6) to be contributed to the state's general fund; or (7) to be distributed using a combination of these options. (B) No candidate may expend contributions for personal use. (C) A committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be: (1) contributed to the state's general fund; (2) returned pro rata to all contributors; (3) contributed to a political party or to another committee; (4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or (5) distributed using a combination of these options. Section 8-13-1372. (A) The State Election Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Commission may assess a technical violations penalty not to exceed fifty dollars. (B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action.
Penalties Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows: (1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter; (2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars. Section 8-13-1520. Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." SECTION 4. The felony offenses provided in Section 8-13-705 are added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code. SECTION 5. Section 8-5-10 of the 1976 Code is repealed. Section 2-17-70, as amended by this act, is repealed on July 1, 1993. SECTION 6. The Code Commissioner is directed to delete all references to legislative members serving in any capacity as a member of a state board or commission, except as allowed by Section 8-13-770 of the 1976 Code. SECTION 7. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable. SECTION 8. This act takes effect January 1, 1992, except Section 8-13-1350 takes effect January 1, 1993, and the transfer of duties from the Secretary of State to the State Ethics Commission pursuant to Chapter 17 of Title 2 of the 1976 Code takes effect July 1, 1993. Except as otherwise provided, this act governs only transactions which take place after December 31, 1991. Amend the bill further, as and if amended, by striking the title in its entirety and inserting therein:
TO ENACT "THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND CHAPTER 13, TITLE 8, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, DISCLOSURES OF ECONOMIC INTERESTS, CAMPAIGN PRACTICES, AND PENALTIES FOR CERTAIN VIOLATIONS; TO ADD CERTAIN FELONY OFFENSES TO THE LIST OF CRIMES CLASSIFIED AS FELONIES IN SECTION 16-1-10; TO REPEAL SECTION 8-5-10, RELATING TO NEPOTISM; AND TO DELETE THE LEGISLATIVE MEMBERS FROM STATE BOARDS AND COMMISSIONS.
\s\Thomas L. Moore \s\David H. Wilkins \s\H. Samuel Stilwell \s\R. Wesley Hayes, Jr. \s\McKinley Washington, Jr. \s\Candy Y. Waites On Part of the Senate. On Part of the House. The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of Chair.
At 4:20 P.M. the House resumed, the SPEAKER in the Chair.
The Senate returned to the House with concurrence the following: H. 4056 -- Reps. Sheheen, Wilkins, Boan, T.C. Alexander, Phillips, Bennett, Waldrop and McTeer: A CONCURRENT RESOLUTION TO PROVIDE FOR THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY DURING THE EXTRA SESSION OF THE GENERAL ASSEMBLY BEGINNING MONDAY, SEPTEMBER 23, 1991, AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE ON WEDNESDAY, SEPTEMBER 25, 1991, NO LATER THAN 11:00 A.M.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers on H. 3743:
Very respectfully, No. 136
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3743: No. 085
Rep. BAXLEY moved to reconsider the vote whereby the following Veto No. 6 was sustained, which was agreed to. VETO 6 Part II, Section 30, Page 29, Pinewood Fee Increase The question was put, shall the Item become a part of the law, the veto of his excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are: Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Baxley Beatty Bennett Boan Brown, G. Brown, J. Byrd Canty Carnell Chamblee Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harvin Harwell Hayes Hodges Holt Houck Inabinett Johnson, J.C. Johnson, J.W. Kempe Kennedy Keyserling Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Nettles Phillips Rogers Ross Rudnick Scott Sheheen Shirley Smith Snow Sturkie Taylor Townsend Tucker Waites Whipper White Wilder Williams, D. Williams, J.
Those who voted in the negative are: Beasley Brown, H. Bruce Cato Clyborne Cooper Corbett Cork Fair Gonzales Hallman Harrison Haskins Hendricks Jaskwhich Keegan Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McCain McGinnis Meacham Quinn Rama Riser Sharpe Vaughn Wells Wofford Wright Young, A. Young, R.
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of: Mr. Thomas Kemmerlin, Jr., 1000 Ribaut Road, Beaufort, S.C. 29902
Very respectfully, No. 018 Received as information.
The House stood at ease subject to the call of Chair.
At 5:05 P.M. the House resumed, the SPEAKER in the Chair.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3651:
Very respectfully, Received as information.
The following was received. Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses have adopted the report of the Committee of Free Conference on H. 3743:
Very respectfully, No. 086 Received as information.
The following was received. Mr. Speaker and Members of the House: The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately for the purpose of Ratifying Acts.
Very respectfully, On motion of Rep. McTEER the invitation was accepted.
At 5:10 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified. (R254) S. 1010 -- Senator McGill: AN ACT TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET; AND TO PROVIDE FOR A LEVY BY THE AUDITOR OF DILLON COUNTY FOR FISCAL YEAR 1991-92. (R255) S. 1026 -- Senator Holland: AN ACT TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY. (R256) H. 3651 -- Ways and Means Committee: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND REVISE EXISTING BOND AUTHORIZATIONS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS IN THE AMOUNT OF TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS AUTHORIZED FOR A FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT, TO REQUIRE THE FIRE ACADEMY CONSTRUCTED PURSUANT TO THIS AUTHORIZATION TO CONTAIN THE OFFICES OF THE STATE FIRE MARSHAL, AND TO PROVIDE THAT THE SUBTOTALS AND TOTALS IN ACTS AUTHORIZING BONDED INDEBTEDNESS AMENDED BY THIS ACT ARE ADJUSTED TO REFLECT AMENDMENTS CONTAINED IN THIS ACT. (R257) H. 3743 -- Judiciary Committee: AN ACT TO ENACT "THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND CHAPTER 13, TITLE 8, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, DISCLOSURES OF ECONOMIC INTERESTS, CAMPAIGN PRACTICES, AND PENALTIES FOR CERTAIN VIOLATIONS; TO ADD CERTAIN FELONY OFFENSES TO THE LIST OF CRIMES CLASSIFIED AS FELONIES IN SECTION 16-1-10; TO REPEAL SECTION 8-5-10, RELATING TO NEPOTISM; AND TO DELETE THE LEGISLATIVE MEMBERS FROM STATE BOARDS AND COMMISSIONS.
At 5:25 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER appointed Reps. WILKINS, McELVEEN and WELLS as a committee to notify the Senate that the House had completed its work, and was ready to adjourn Sine Die.
The SPEAKER appointed Reps. WHIPPER, GENTRY and MARCHBANKS as a committee to notify the Governor that the House had completed its work, and was ready to adjourn Sine Die.
The House stood at ease subject to the call of Chair.
At 6:40 P.M. the House resumed, the SPEAKER in the Chair. Rep. GENTRY moved that the House do now adjourn, which was adopted.
At 6:41 P.M. the House in accordance with H. 4056 (SINE DIE Adjournment Resolution) adjourned Sine Die.
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