S 0028 General Bill, By Courson, Bryan, H.U. Fielding, Giese, I.E. Lourie, 
McConnell, O'Dell, T.H. Pope, M.T. Rose, M.B. Williams and Wilson
 A Bill to amend Article 9, Chapter 13, Title 8, Code of Laws of South
 Carolina, 1976, relating to campaign practices, by adding Section 8-13-640, so
 as to prohibit a candidate for public office, public official or their agent
 from accepting cash contributions and provide penalties; and to amend Article
 7, Chapter 13, Title 8, Code of Laws of South Carolina, 1976, relating to
 rules of conduct, by adding Sections 8-13-415 and 8-13-540, so as to prohibit
 a public official from accepting honorariums, and to prohibit a public
 official or his agent from accepting cash contributions and provide penalties;
 and to amend Section 8-13-20, Code of Laws of South Carolina, 1976, relating
 to definitions, so as to define "honorarium" and "travel expenses".

   09/10/90  Senate Prefiled
   09/10/90  Senate Referred to Committee on Ethics
   01/08/91  Senate Introduced and read first time SJ-32
   01/08/91  Senate Referred to Committee on Ethics SJ-32

A BILL

TO AMEND ARTICLE 9, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-640, SO AS TO PROHIBIT A CANDIDATE FOR PUBLIC OFFICE, PUBLIC OFFICIAL OR THEIR AGENT FROM ACCEPTING CASH CONTRIBUTIONS AND PROVIDE PENALTIES; AND TO AMEND ARTICLE 7, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES OF CONDUCT, BY ADDING SECTIONS 8-13-415 AND 8-13-540, SO AS TO PROHIBIT A PUBLIC OFFICIAL FROM ACCEPTING HONORARIUMS, AND TO PROHIBIT A PUBLIC OFFICIAL OR HIS AGENT FROM ACCEPTING CASH CONTRIBUTIONS AND PROVIDE PENALTIES; AND TO AMEND SECTION 8-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO DEFINE "HONORARIUM" AND "TRAVEL EXPENSES".

Be it enacted by the General Assembly of South Carolina:

SECTION 1. Article 9, Chapter 13 of Title 8 of the 1976 Code is amended by adding:

"Section 8-13-640. No candidate for public office, public official, or their agent may solicit or accept, directly or indirectly, monetary contributions from any person, except in the form of a check or other negotiable instrument payable to the candidate or public official, to any committee or duly organized group or political party working on behalf of a candidate for public office or public official, or to the treasurer of such group and such check or negotiable instrument shall be signed or endorsed by the donor. No candidate for public office, public official, or their agent may knowingly accept any contribution made by any person in the name of another person.

Any anonymous contribution received by a candidate for public office, public official, or their agent must not be used or expended, but shall be returned to the donor, if his identity can be determined. If no donor is found, the contribution shall escheat to the State to be deposited into the Children's Trust Fund. The failure of any candidate for public office, public official, or their agent to remit an anonymous contribution to the donor or the State Treasurer within ten days after receipt shall constitute a violation of this section.

Any candidate for public office, public official, or their agent violating the provisions of this section shall be guilty of a felony and upon conviction shall be imprisoned for not more than one year or be fined not more than three thousand dollars."

SECTION 2. Article 7, Chapter 13 of Title 8 is amended by adding Section 8-13-415:

"Section 8-13-415. No public official, directly or indirectly, shall accept or solicit honorariums, as defined in Section 8-13-20."

SECTION 3. Article 7, Chapter 13 of Title 8 of the 1976 Code is amended by adding:

"Section 8-13-540. Subject to the provisions of Section 8-13-640 governing anonymous contributions, no public official or their agent may solicit or accept, directly or indirectly, monetary contributions from any person, except in the form of a check or other negotiable instrument payable to the public official, to any committee or duly organized group or political party working on behalf of a public official, or to the treasurer of such group and such check or negotiable instrument shall be signed or endorsed by the donor. Any public official violating the provisions of this section shall be guilty of a felony and upon conviction shall be imprisoned for not more than one year or fined not more than three thousand dollars."

SECTION 4. Section 8-13-20 of the 1976 Code is amended by adding the appropriately itemized definitions:

"( ) 'Honorarium' means a payment of money or anything of value to a public official for an appearance, speech, or article, by the public official; but there shall not be taken into account for the purposes of this section any actual and necessary travel expenses, incurred by the public official, and spouse or an aide to the extent that such expenses are paid or reimbursed by any other person.

( ) 'Travel expenses' means with respect to a public official, and spouse or an aide, the cost of transportation, and the cost of lodging and meals while away from his residence while in performance of the duties of his office and serving as a representative of the State or a political subdivision."

SECTION 5. This act takes effect upon approval by the Governor.