H 3503 Session 112 (1997-1998)
H 3503 General Bill, By Tripp, Allison, Altman, Askins, Bailey, Barrett, Battle,
Bauer, J.M. Baxley, Beck, Carnell, Cato, Chellis, Cobb-Hunter, Cooper,
J.L.M. Cromer, Dantzler, Davenport, Edge, Fleming, Gamble, Govan, Hamilton,
Harrell, Harrison, Harvin, Hawkins, J. Hines, Hinson, J.H. Hodges, Inabinett,
Jennings, B.L. Jordan, Keegan, Kelley, Kennedy, M.H. Kinon, Kirsh, Klauber,
Knotts, Lanford, Law, Leach, Lee, L.H. Limbaugh, Limehouse, Littlejohn, Lloyd,
Loftis, Maddox, Martin, Mason, McCraw, McKay, W. McLeod, J.D. McMaster, Meacham,
Miller, Moody-Lawrence, J.H. Neal, Neilson, Parks, Quinn, Rice, Riser, Robinson,
Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Spearman, Stille,
E.C. Stoddard, Townsend, Trotter, Vaughn, Webb, Whatley, Wilder, Witherspoon and
Young-Brickell
Similar(S 471)
A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING
CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE
WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE
OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS,
IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT
AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS
UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT
IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
02/20/97 House Introduced and read first time HJ-4
02/20/97 House Referred to Committee on Judiciary HJ-5
02/26/97 House Recalled from Committee on Judiciary HJ-23
02/27/97 House Read second time HJ-20
02/27/97 House Unanimous consent for third reading on next
legislative day HJ-21
02/28/97 House Read third time and sent to Senate HJ-3
03/04/97 Senate Introduced and read first time SJ-17
03/04/97 Senate Referred to Committee on Judiciary SJ-17
04/30/97 Senate Committee report: Favorable with amendment
Judiciary SJ-19
05/26/98 Senate Read second time SJ-44
05/26/98 Senate Ordered to third reading with notice of
amendments SJ-44
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 30, 1997
H. 3503
Introduced by Reps. Tripp, Maddox, R. Smith, Wilder, Jordan,
Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer,
Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason,
Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan,
Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal,
Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber,
Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn,
McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford,
Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley,
Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd,
McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw,
Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport
S. Printed 4/30/97--S.
Read the first time March 4, 1997.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3503), to amend Section
8-13-1300, as amended, Code of Laws of South Carolina, 1976,
relating to definitions for purposes of the provisions concerning
campaign practices, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/ SECTION 1. Section 8-13-1300(1)(c) of the 1976 Code is
amended to read:
"(c) the State Ethics Commission for all committees, except
legislative caucus committees, supporting or opposing a ballot
measure, or supporting or opposing a candidate,
or influencing the outcome of matters considered by the General
Assembly when the likeness, image, voice, or endorsement of a
public official is used;"
SECTION 2. Section 8-13-1300(6) of the 1976 Code is
amended to read:
"(6) 'Committee' means an association, a corporation, a
club, an organization, or a group of persons which, to influence the
outcome of an elective office, or a ballot measure,
or matters considered by the General Assembly when the
likeness, image, voice, or endorsement of a public official is
used, 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, or matters considered
by the General Assembly when the likeness, image, voice, or
endorsement of a public official is used, 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, a corporation, or a
committee that is not a campaign committee for a candidate but that
is organized for the purpose of influencing an election or the
outcome of matters considered by the General Assembly when the
likeness, image, voice, or endorsement of a public official is
used."
SECTION 3. Section 8-13-1300(8) of the 1976 Code is
amended to read:
"(8) `Corporation' means an entity organized in the corporate form
under federal law or the laws of any state. `Corporation' does not
include electronic or print media."
SECTION 4. Section 8-13-1300(17) of the 1976 Code is
amended to read:
"(17) `Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or
defeat of a clearly identified candidate or ballot measure, or made
to influence the outcome of matters considered by the General
Assembly when the likeness, image, voice, or endorsement of a
public official is used; 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 or
made to influence the outcome of matters considered by the General
Assembly when the likeness, image, voice, or endorsement of a
public official is used, but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of
a candidate.
Expenditures by party committees or expenditures by legislative
caucus committees based upon party affiliation are considered to be
controlled by, coordinated with, requested by, or made upon
consultation with a candidate or an agent of a candidate."
SECTION 5. Section 8-13-1300(23) of the 1976 Code is
amended to read:
"(23) `Noncandidate committee' means a committee that is not a
campaign committee for a candidate but is organized to influence an
election, or to support or oppose a candidate or
public official, or to influence the outcome of matters considered
by the General Assembly when the likeness, image, voice, or
endorsement of a public official is used, which receives
contributions or makes expenditures in excess of five hundred dollars
in the aggregate during an election cycle. `Noncandidate committee'
does not include political action committees that contribute solely to
federal campaigns."
SECTION 6. Section 8-13-1304 of the 1976 Code is amended
to read:
"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, or matters
considered by the General Assembly when the likeness, image, voice,
or endorsement of a public official is used, 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, or matters
considered by the General Assembly when the likeness, image, voice,
or endorsement of a public official is used must file a statement
of organization with the State Ethics Commission no later than five
days after making the expenditure."
SECTION 7. Section 8-13-1346(C) of the 1976 Code is
amended to read:
"(C) This section does not prohibit the expenditure of public
resources by a governmental entity to prepare informational
materials, conduct public meetings, or respond to news media or
citizens' inquiries concerning a ballot measure affecting that
governmental entity; however, a governmental entity may not use
public funds, property, or time in an attempt to influence the outcome
of a ballot measure or the outcome of matters considered by the
General Assembly when the likeness, image, voice, or endorsement
of a public official is used."
SECTION 8. Section 8-13-1354 of the 1976 Code is amended
to read:
"Section 8-13-1354. A candidate, committee, or other person
which makes an expenditure in the distribution, posting, or
broadcasting of a communication to voters supporting or opposing a
public official, a candidate, or a ballot measure, or
matters considered by the General Assembly when the likeness,
image, voice, or endorsement of a public official is used 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 9. (A) The reporting requirements in this act pertain
only to those contributions received since September 1, 1996. All
committees, except those already required to report pursuant to
Article 13, Chapter 13, Title 8, must comply with a contribution
reporting form developed by the State Ethics Commission, which
must include:
(1) the name and address of the committee;
(2) 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;
(3) 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; and
(4) the aggregate total of all contributions, loans, and other
receipts during the reporting period and the year-to-date total.
(B) A committee must disclose all information required on the
form developed under this section.
(C) The reporting period for this section only shall include the
period of September 1, 1996, through the end of the quarter
designated for the next quarterly report after the effective date of this
act. Thereafter, a committee is subject to all the reporting
requirements under Article 13, Chapter 13, Title 8.
SECTION 10. This act takes effect upon approval by the
Governor. /
Amend title to conform.
DONALD H. HOLLAND, for Committee.
A BILL
TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS FOR PURPOSES OF THE PROVISIONS
CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND
THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN
THE DEFINITION A CORPORATION, AND INCLUDE THE
INFLUENCING OF THE OUTCOME OF MATTERS
CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE
LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC
OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED
ENTITIES ARE SUBJECT TO THE REPORTING AND
RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13,
CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST
REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 8-13-1300(6) of the 1976 Code is amended
to read:
"(6) 'Committee' means an association, a corporation, a
club, an organization, or a group of persons which, to influence the
outcome of an elective office, or a ballot measure,
or the outcome of matters considered by the General Assembly
when the likeness, image, voice, or endorsement of a public official
is used, 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, a corporation, or a committee that
is not a campaign committee for a candidate but that is organized for
the purpose of influencing an election or the outcome of matters
considered by the General Assembly when the likeness, image, voice,
or endorsement of a public official is used."
SECTION 2. The amendment to Section 8-13-1300(6) of the 1976
Code in Section 1 of this act, is effective for those affected entities
beginning July 1, 1996, for all reports and records required under the
provisions of Article 13, Chapter 13, Title 8.
SECTION 3. This act takes effect upon approval by the Governor.
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