H 3406 General Bill, By Hayes, T.L. Farr, P.B. Harris, D.N. Holt, Martin, 
Neilson and Sheheen
 A Bill to enact "The Ethics in Government Act of 1991" by amending Sections
 8-13-20, as amended, 8-13-120, 8-13-230, 8-13-240, 8-13-250, 8-13-260,
 8-13-420, 8-13-460, 8-13-620, 8-13-810, 8-13-820, and 8-13-1010, Code of Laws
 of South Carolina, 1976, relating to ethics in government and campaign
 practices, so as to revise and add definitions, revise complaint procedures
 for the State Ethics Commission and the Legislative Ethics Committees, to
 authorize additional dispositions for legislative Ethics Committees and
 provide for appeals, to provide for the appropriate action in the House of
 Representatives and Senate on receiving a report of the appropriate
 Legislative Ethics Committee or an appeal from the committee action, to
 provide for the suspension of a member of the General Assembly indicted for
 certain crimes and his expulsion on conviction, or reinstatement after
 prevailing on appeal, to establish additional offenses relating to public
 corruption, make the offense a felony, increase the penalty and include
 forfeiture of office, to revise the procedure excusing members of the General
 Assembly from voting on matters that are a conflict of interest, to require
 additional campaign contribution reporting, to require additional persons to
 file statements of economic interest, to require a person required to file a
 statement of economic interest to disclose the state government agencies
 before which he appears, to amend the 1976 Code by adding Sections 8-13-245,
 8-13-495, 8-13-615, 8-13-635, 8-13-637, 8-13-639, 8-13-641, 8-13-643,
 8-13-645, 8-13-647, 8-13-649, 8-13-651, 8-13-653, 8-13-655, 8-13-657,
 8-13-659, 8-13-661, 8-13-663, 8-13-665, 8-13-667, 8-13-669, 8-13-671,
 8-13-673, 8-13-675, 8-13-677, 8-13-679, 8-13-681, 8-13-683, 8-13-685, and
 8-13-687, so as to reduce conflicts of interest, prohibit a public official
 from accepting an honorarium, to limit and regulate campaign contributions, to
 regulate candidate committees and political action committees, to provide for
 the use of surplus campaign funds, to prohibit the use of public funds to
 influence elections and to require distribution of the ethics laws to
 candidates; to amend Sections 2-17-10, 2-17-20, 2-17-30, 2-17-40, and 2-17-60,
 relating to regulation of lobbying, so as to require additional regulation of
 lobbying, including higher registration fees, additional reporting, and
 increased criminal penalties; to amend the 1976 Code by adding Sections
 2-17-25, 2-17-35, 2-17-45, 2-17-55, and 2-17-65 so as to provide for the
 additional regulation of lobbying, including civil penalties for violations;
 and to amend Section 16-1-10, as amended, enumerating offenses classified as
 felonies, so as to include as a felony the offense of corruptly giving,
 offering, promising, or accepting gifts and gratuities to public officials.

   01/31/91  House  Introduced and read first time HJ-462
   01/31/91  House  Referred to Committee on Judiciary HJ-463

A BILL

TO ENACT "THE ETHICS IN GOVERNMENT ACT OF 1991" BY AMENDING SECTIONS 8-13-20, AS AMENDED, 8-13-120, 8-13-230, 8-13-240, 8-13-250, 8-13-260, 8-13-420, 8-13-460, 8-13-620, 8-13-810, 8-13-820, AND 8-13-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS IN GOVERNMENT AND CAMPAIGN PRACTICES, SO AS TO REVISE AND ADD DEFINITIONS, REVISE COMPLAINT PROCEDURES FOR THE STATE ETHICS COMMISION AND THE LEGISLATIVE ETHICS COMMITTEES, TO AUTHORIZE ADDITIONAL DISPOSITIONS FOR LEGISLATIVE ETHICS COMMITTEES AND PROVIDE FOR APPEALS, TO PROVIDE FOR THE APPROPRIATE ACTION IN THE HOUSE OF REPRESENTATIVES AND SENATE ON RECEIVING A REPORT OF THE APPROPRIATE LEGISLATIVE ETHICS COMMITTEE OR AN APPEAL FROM THE COMMITTEE ACTION, TO PROVIDE FOR THE SUSPENSION OF A MEMBER OF THE GENERAL ASSEMBLY INDICTED FOR CERTAIN CRIMES AND HIS EXPULSION ON CONVICTION, OR REINSTATEMENT AFTER PREVAILING ON APPEAL, TO ESTABLISH ADDITIONAL OFFENSES RELATING TO PUBLIC CORRUPTION, MAKE THE OFFENSE A FELONY, INCREASE THE PENALTY AND INCLUDE FORFEITURE OF OFFICE, TO REVISE THE PROCEDURE EXCUSING MEMBERS OF THE GENERAL ASSEMBLY FROM VOTING ON MATTERS THAT ARE A CONFLICT OF INTEREST, TO REQUIRE ADDITIONAL CAMPAIGN CONTRIBUTION REPORTING, TO REQUIRE ADDITIONAL PERSONS TO FILE STATEMENTS OF ECONOMIC INTEREST, TO REQUIRE A PERSON REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST TO DISCLOSE THE STATE GOVERNMENT AGENCIES BEFORE WHICH HE APPEARS, TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-245, 8-13-495, 8-13-615, 8-13-635, 8-13-637, 8-13-639, 8-13-641, 8-13-643, 8-13-645, 8-13-647, 8-13-649, 8-13-651, 8-13-653, 8-13-655, 8-13-657, 8-13-659, 8-13-661, 8-13-663, 8-13-665, 8-13-667, 8-13-669, 8-13-671, 8-13-673, 8-13-675, 8-13-677, 8-13-679, 8-13-681, 8-13-683, 8-13-685, AND 8-13-687, SO AS TO REDUCE CONFLICTS OF INTEREST, PROHIBIT A PUBLIC OFFICIAL FROM ACCEPTING AN HONORARIUM, TO LIMIT AND REGULATE CAMPAIGN CONTRIBUTIONS, TO REGULATE CANDIDATE COMMITTEES AND POLITICAL ACTION COMMITTEES, TO PROVIDE FOR THE USE OF SURPLUS CAMPAIGN FUNDS, TO PROHIBIT THE USE OF PUBLIC FUNDS TO INFLUENCE ELECTIONS AND TO REQUIRE DISTRIBUTION OF THE ETHICS LAWS TO CANDIDATES; TO AMEND SECTIONS 2-17-10, 2-17-20, 2-17-30, 2-17-40, AND 2-17-60, RELATING TO REGULATION OF LOBBYING, SO AS TO REQUIRE ADDITIONAL REGULATION OF LOBBYING, INCLUDING HIGHER REGISTRATION FEES, ADDITIONAL REPORTING, AND INCREASED CRIMINAL PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-17-25, 2-17-35, 2-17-45, 2-17-55, AND 2-17-65 SO AS TO PROVIDE FOR THE ADDITIONAL REGULATION OF LOBBYING, INCLUDING CIVIL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, ENUMERATING OFFENSES CLASSIFIED AS FELONIES, SO AS TO INCLUDE AS A FELONY THE OFFENSE OF CORRUPTLY GIVING, OFFERING, PROMISING, OR ACCEPTING GIFTS AND GRATUITIES TO PUBLIC OFFICIALS.

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

SECTION 1. (A) Items (i) and (j) of Section 8-13-20 of the 1976 Code are amended to read:

"(i) `Anything of value' means any an item, article, money, or thing of monetary worth but shall not include food and beverage of nominal cost which is consumed at the time presented and in the presence of the donor and any item of nominal value not to exceed ten dollars;."

"(j) `Contribution' means (1) gift, subscription, loan, advance, in kind, service, or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election or appointment of any person to elective or appointed public office; (2) a transfer of funds between political committees; (3) the payment, by any a person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such the candidate or committee without charge for any such the purpose.; (4) the purchase of tickets for an event such as a meal reception, rally, and a similar fund raising event; (5)the candidate's own money used on behalf of his candidacy. Notwithstanding the meanings of `contribution' `Contribution' herein in this item, the word shall must not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee for which time they receive no compensation from any source;".

(B) Section 8-13-20 of the 1976 Code is amended by adding:

"(m) `Candidate committee' means the committee designated by a candidate to (1) promote the candidate's candidacy; and (2) serve as the recipient of all contributions and the disburser of all expenditures;

(n) `Income' means the receipt or promise of any consideration, whether or not legally enforceable;

(o) `Political action committee' means a committee, other than a candidate committee which expends in excess of five hundred dollars in a year;

(p) `Jurisdiction' means this State or a political subdivision of this State;

(q) `Party committee' means a committee established by a political party;

(r) `Immediate family' means a child residing in a candidate's household, a spouse of a candidate, or an individual claimed by that candidate or that candidate's spouse as a dependent for federal income tax purposes."

SECTION 2. Section 8-13-120(e) of the 1976 Code is amended to read:

"(e) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such the statement and, upon on complaint by any a part of this chapter by any a public official or public employee except members of the General Assembly. The commission may act on the filing of a complaint by an individual or on its own initiative. All such complaints by any individual allegations with respect to alleged violations whether by complaint or on the commision's own initiative shall must be investigated by the State Ethics Commission and a determination made thereon. Provided, however, that no No complaint shall may be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any before an election in which he is a candidate and any a complaint filed against such the candidate which was received more than fifty days prior to such before the election shall must be disposed of by the commission or by dismissal of such the complaint not less no fewer than forty days prior to before the election. The provisions of the above proviso shall sentence do not apply to complaints received concerning candidates who qualify within fifty days of an election.

If an alleged violation is found to be groundless by the commission, the entire matter shall must be stricken from public record. If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall must be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be is punishable as a misdemeanor. Any A person filing a complaint under such these circumstances shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both.

No complaint shall may be accepted which is filed later than three years after the alleged violation occurred."

SECTION 3. Section 8-13-230 of the 1976 Code is amended by adding:

"(5) On their own initiative investigate possible violations of breach of a privilege of the appropriate house, misconduct of a member, or a violation of the provisions of this chapter."

SECTION 4. Section 8-13-240 of the 1976 Code is amended to read:

"Section 8-13-240. Each committee shall conduct its investigations of complaints in the following manner:

(a) When a complaint is filed with the committee, a copy shall must promptly be sent to the person alleged to have committed the violation. If the committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint shall must be dismissed and the complainant and respondent notified. If, in the opinion of the committee, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall must be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be is punishable as a misdemeanor. Any A person filing a complaint under such these circumstances shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. If the committee determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation. If after such the preliminary investigation the committee finds that probable cause exists to support an alleged violation, it shall, as appropriate (a) (1) render an advisory opinion to the respondent and require the respondent's compliance therewith with the opinion within a reasonable time, or (b) (2) convene a formal hearing on the matter within thirty days after making such the determination of probable cause or within thirty days of the respondent's failure to comply with the advisory, whichever comes later. All committee investigations and records relating to the preliminary investigation shall be are confidential. No complaint shall may be accepted which is filed later than three years after the alleged violation occurred.

(b) If a hearing is to be held, the respondent shall be allowed to may examine and make copies of all evidence in the committee's possession relating to the charges. At the hearing the charged party shall must be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings shall must be conducted in executive session.

(c) After the hearing, the committee shall determine its findings of fact. If the committee, based on competent and substantial evidence, finds the respondent has violated the provisions of this chapter, it may shall: (1) administer a public or private reprimand which may be appealed to the full legislative body; (2) recommend expulsion of members; and/or (3) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. Such The report shall must be supported and signed by a majority of the committee members. If the committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.

(d) No committee member shall may participate in any a matter in which he is involved.

(e) An individual has ten days from the date of notification of the committee's action to appeal a reprimand to the full legislative body."

SECTION 5. Article 5, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-245. Each committee, in the performance of its duties, may utilize the resources of state agencies."

SECTION 6. Section 8-13-250 of the 1976 Code is amended to read:

"Section 8-13-250. The presiding officer of the House or Senate shall call the House or Senate into open session as a committee of the whole immediately upon receipt of the committee's report, without compensation, to consider the report of the appropriate Ethics Committee or any an appeal from the action or report of the committee at such the time as the presiding officer deems considers necessary. Upon On receiving a report of the committee which alleges a violation recommends expulsion, or on an appeal, the Speaker or the President Pro Tempore shall present such the report or appeal to the legislative body concerned, which body shall thereupon:

(a) recommend a public or private reprimand; sustain the committee's findings; or

(b) dismiss the charges; or

(b) (c) expel the member charged in accordance with Section 12, of Article III of the Constitution of this State; or.

(c) in the case of an alleged criminal violation, refer the matter to the Attorney General for appropriate action; or

(d) dismiss the charges.

Consideration of an ethics committee report by the House or the Senate may or may not be done in executive session, as each body shall decide decides, but the results of such the consideration shall be are a matter of public record."

SECTION 7. Section 8-13-260 of the 1976 Code is amended to read:

"Section 8-13-260. Notwithstanding any other provision of this article, in the event If a member of the Senate General Assembly is indicted, or informed against, pleads guilty or nolo contendere to, or is convicted of, a felony or an offense against the election laws, the Senate or House of Representatives may take disciplinary action as provided by Senate rule shall suspend the member within twenty-four hours. Upon conviction or pleading of nolo contendere of a member, the member must be immediately expelled from the General Assembly.

If the conviction is vacated on appeal and no charges remain against the member, the member is entitled to restitution of back pay and restoration of all other benefits and privileges of membership of the General Assembly."

SECTION 8. (A) Section 8-13-420 of the 1976 Code is amended to read:

"Section 8-13-420. Whoever gives or offers to any public official or public employee any compensation including a promise of future employment to influence his action, vote, opinion or judgment as a public official or public employee or such public official solicits or accepts such compensation to influence his action, vote, opinion or judgment shall be subject to the punishment as provided by Sections 16-9-210 and 16-9-220.

(A) A person may not, directly or indirectly, give, offer, or promise anything of value to a public official or public employee; or a person who has been elected or selected to be a public official or public employee with the intent to:

(1) influence an official act;

(2) influence a public official or public employee, or individual who has been selected to be a public official or public employee, to commit, aid in committing, collude in, or allow fraud on a state, county, or municipal entity; or

(3) induce a public official or public employee, or individual who has been selected to be a public official or public employee, to perform or fail to perform an act in violation of the public official's or public employee's lawful duty.

(B) A public official or employee, or individual who has been elected to be a public official or public employee, may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value for himself or for another person or entity, in return for being:

(1) influenced in the performance of an official act;

(2) influenced to commit, aid in committing, collude in, allow fraud, or make an opportunity for the commission of fraud on a state, county, or municipal government entity; or

(3) induced to perform or fail to perform an act in violation of the public official's or public employee's official duty.

(C) A person may not, directly or indirectly, give, offer, or promise to give anything of value to another person or entity, with intent to influence testimony under oath or affirmation in a trial or other proceeding before:

(1) a court;

(2) a committee of either house or both houses of the General Assembly; or

(3) an agency, commission, or officer authorized to hear evidence or take testimony, or with intent to influence a witness to fail to appear.

(D) A person may not, directly or indirectly, ask, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value in return for influencing testimony under oath or affirmation in a trial or other proceeding before:

(a) a court;

(b) a committee of either house or both houses of the General Assembly; or

(c) an agency, commission, or officer authorized to hear evidence or take testimony or with intent to influence a witness to fail to appear.

(E) Subsections (C) and (D) of this section do not prohibit the payment or receipt of witness fees provided by law or the payment by the party on whose behalf a witness is called and receipt by a witness of the reasonable cost of travel and subsistence at a trial, hearing, or proceeding, or, in the case of an expert witness, of the reasonable cost of travel and subsistence at a trial, hearing, or proceeding, or, in the case of an expert witness involving a technical or professional opinion, a reasonable fee for time spent in the preparation of the opinion, and in appearing or testifying.

(F) A person who violates this section, upon conviction, is guilty of a felony and must forfeit his office, is forever disqualified to hold a public office, trust, or appointment under the laws of this State and must be punished by imprisonment for not more than ten years and by a fine of not more than ten thousand dollars.

(G) The provisions of this section shall do not apply to political contributions unless such the contributions are conditioned upon the performance of specific actions of the person accepting such the contributions nor shall do they prohibit a parent, grandparent, or relative from making a gift to a child, grandchild, or other close relative for love and affection except as hereinafter otherwise provided."

(B) The felony offenses provided in Section 8-13-420 of the 1976 Code, as amended by Section 8(A), Part I of this act, are added to the list of crimes classified as felonies in Section 16-1-10 of the 1976 Code.

SECTION 9. Section 8-13-460(b) of the 1976 Code is amended to read:

"(b) If he is a legislator, he shall deliver a copy of such the statement to the presiding officer of his legislative branch. The presiding officer if requested by the legislator shall cause such statement to be printed in the journal and, upon request, shall excuse a legislator from votes, deliberations, and other action on the matter on which a potential conflict exists; provided, however, any statement delivered within twenty-four hours after the action or decisions shall be deemed to be in compliance with this section."

SECTION 10. Article 7, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-495. A public official or public employee must not have an interest in a contract with the State or its political subdivisions if the public official or public employee is authorized to perform an official function relating to the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State."

SECTION 11. Article 9, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-615. All public officials and public employees, when filing a statement of economic interest, shall disclose retainers, legal fees, and all other income earned from companies and organizations that employ a lobbyist."

SECTION 12. Section 8-13-620 of the 1976 Code is amended to read:

"Section 8-13-620. Any A candidate for office or any committee working on behalf of a candidate for office, or any a duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing more than one hundred dollars and to what candidate such the contribution was made. Duplicate, certified originals of such the list showing the names of all contributors of more than one hundred dollars shall must be filed with the appropriate supervisory office fifteen days before and within thirty days after each election in which such the contributions are sought or received. In nonelection years, a report must be filed no later than January tenth. Any such candidate, or committee, or group or party shall maintain a current list of all contributors in the amount of more than one hundred dollars during the two-week period prior to the election, All reports which shall must be open to public inspection upon on request. Each report must contain all contributions received up to five days before the report due date. When a final list is filed with the supervisory office such the candidate or group receiving such the funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what its ultimate distribution shall be. All reports must include the:

(1) name of the legislative or executive official in whose behalf a contribution was made;

(2) name of the person receiving the contribution;

(3) name and address of every person making the contribution;

(4) amount of the contribution;

(5) date the contribution was made; and

(6) item contributed if other than a monetary contribution or expenditure.

The report due thirty days after the election must contain all individual expenditures made up to five days before the report due date. The individual expenditures must disclose date of expenditure, purpose of expenditure, amount of expenditure, and to whom the expenditure was made. Expenditures less than ten dollars may be grouped and reported as other expenditures.

The appropriate supervisory office may assess a person who files a late statement or fails to file a required statement a civil penalty as follows:

(1) a penalty of one hundred dollars if not filed within ten days after the established deadline provided in this chapter;

(2) after notice has been given by certified or registered mail that a required statement has not been filed, a penalty of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total penalty of five hundred dollars."

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

"Section 8-13-635. For purposes of the contribution limitations pursuant to Sections 8-13-63 and 8-13-639, the following apply:

(1) All contributions made by a political committee whose contribution or expenditure activity is financed, maintained, or controlled by a corporation, labor organization, association, political party, or other person or committee, including a parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, political party, or other person, or by a group of these persons are considered made by the same political committee.

(2) Two or more entities are treated as a single entity if they:

(a) share the majority of members on their board of directors;

(b) share two or more officers;

(c) are owned or controlled by the same majority shareholder or shareholders;

(d) are in a parent-subsidiary relationship or have bylaws stating that they are a parent-subsidiary.

(3) A candidate committee and a committee other than a candidate committee are treated as a single committee if the committees both have the candidate or a member of the candidate's immediate family as an officer.

Section 8-13-637. A person or political committee may not make to a candidate or candidate committee and a candidate or candidate committee may not accept from an individual, contributions aggregating more than five thousand dollars for Governor or other statewide elective office or one thousand dollars for the Senate and House of Representatives, multi-county, county, or municipal candidates for a calendar year. This limitation does not apply to a candidate making a contribution to his own campaign, party committee, or a legislative caucus committee.

Section 8-13-639. A candidate or candidate committee may not accept from a party committee or legislative caucus committee more than:

(1) one hundred thousand dollars an election in the case of a candidate for Governor or other statewide elective office;

(2) twenty-five thousand dollars an election in the case of a candidate for Senate, House of Representatives, multi-county, county, or municipal office.

Section 8-13-641. Contributions by spouses are considered separate contributions and not aggregated. Contributions by unemancipated children under eighteen years of age are considered contributions by their parents and attributed proportionately to each parent. Fifty percent of the contributions are attributed to each parent or, in the case of a single custodial parent, the total amount is attributed to the parent.

Section 8-13-643. A person may not make to a candidate or candidate committee and a candidate or candidate committee may not accept an anonymous contribution. The recipient of an anonymous contribution may not keep the contribution but within seven days shall remit the contribution to the State Treasurer for deposit in the general fund of the State.

Section 8-13-645. An individual may not make to a candidate or candidate committee and a candidate or candidate committee may not accept a cash contribution in excess of fifty dollars. The recipient of a cash contribution in excess of fifty dollars may not keep the excess contribution but within seven days shall remit the contribution to the State Treasurer for deposit in the general fund of the State.

Section 8-13-647. No public official acting in an official capacity may receive a monetary honorarium for speaking before public or private groups, other than for actual expenses incurred.

Section 8-13-649. A person who contracts with this State or a political subdivision of this State, either for rendering personal services or for furnishing material, supplies, or equipment to the jurisdiction, or for selling land or a building to the jurisdiction, if the value of the transaction exceeds five thousand dollars may not make a contribution to a candidate or his candidate committee when the candidate is an official of the jurisdiction, who has authority in determining who receives the contract during the period between the beginning of negotiations for, and during either:

(a) the completion of the performance under the contract; or

(b) the termination of negotiations for the contract, whichever occurs later.

Section 8-13-651. A candidate or candidate committee may not accept, and a person may not offer to a candidate or candidate committee, a campaign contribution if the office the candidate seeks regulates the person making the contribution.

Section 8-13-653. A public utility may not include in operating expenses a contribution or expenditure to influence an election or to operate a political action committee. A labor organization may not use agency shop fees paid by an individual who is not a member of the organization to make contributions or expenditures to influence an election or to operate a political action committee, unless affirmatively authorized by the individual. A person may not solicit from a candidate, committee, political party, or other person, money, or other property as a condition or consideration for an endorsement, article, or other communication in the news media promoting or opposing a candidate, committee, or political party.

Section 8-13-655. Campaign funds may not be used to defray personal living expenses for the candidate or the candidate's immediate family which are unrelated to the campaign or the officer if the candidate is an officeholder. This section does not apply to the payment of reasonable and necessary travel expenses, or to food or beverages consumed by the candidate or his immediate family in connection with the campaign. An expenditure may only be made by a candidate or committee to influence or attempt to influence the actions of voters for or against the nomination or election of a candidate to the office for which the candidate has filed or for officeholder expenses. An expenditure may not be made if it is clear from the surrounding circumstances that it was not made for these purposes.

Section 8-13-657. A campaign expenditure of more than twenty-five dollars:

(1) may not be made in cash; and

(2) must be made by written instrument drawn upon the campaign account containing the name of the candidate or committee and the name of the recipient.

An expenditure not made with a written instrument must be accounted for by a written receipt.

An expenditure may not be made other than for overhead or normal operating expenses, by an agent, independent contractor, or advertising agency, on behalf of or for the benefit of a candidate or candidate committee unless the expenditure is reported by the candidate or committee as if the expenditure were made directly by the candidate or committee. The agent, independent contractor, or advertising agency shall make all information required to be reported available to the candidate or candidate committee.

Section 8-13-659. An expenditure must not be authorized or made by a candidate committee while there is a vacancy in the office of campaign treasurer.

Section 8-13-661. A candidate or a committee treasurer may withdraw from the campaign account not more than one hundred dollars to establish or replenish a petty cash fund for the candidate or candidate committee at any time, but the fund may never exceed one hundred dollars.

Section 8-13-663. A person may be chairman or treasurer, or both chairman and treasurer, of the candidate committee. A candidate committee officer shall accept the appointment, in writing, on the statement of organization. A treasurer or agent of the committee must be a resident of this State.

Section 8-13-665. When a vacancy occurs in a candidate committee office, the candidate shall:

(1) notify the State Ethics Commission or appropriate ethics committee no later than five business days after the vacancy;

(2) assume the duties and responsibilities of the vacant office; and/or

(3) notify the State Ethics Commission or appropriate ethics committee of the appointment of an officer to fill the vacancy.

If a candidate dies and there is no living candidate committee officer, the executor of the candidate's estate shall dissolve the candidate committee as soon as is practicable under terms of the dissolution procedures provided under this chapter and the time limits imposed for administering an estate.

Section 8-13-667. A candidate or candidate committee treasurer shall maintain and preserve an account of:

(1) the total of contributions accepted by the candidate or committee;

(2) the full name and address of each person making a contribution, but persons contributing less than one hundred dollars to a campaign may request the withholding of their name and address from public disclosure by the State Ethics Commission or appropriate ethics committee;

(3) the total of expenditures made by or on behalf of the candidate or committee;

(4) the full name and mailing address of each person to whom an expenditure is made of more than one hundred dollars including the date, amount, purpose, and beneficiary of the expenditure;

(5) all receipted bills, canceled checks, or other proofs of payment, with an explanation of each, for each expenditure.

The candidate or candidate committee treasurer shall maintain and preserve all receipted bills and accounts required by this chapter for at least four years from the date of the last required report. A report submitted to the State Ethics Commission or appropriate ethics committee must be signed by the treasurer, who shall attest to the report's accuracy and veracity.

Section 8-13-669. A candidate or candidate committee shall establish not more than one campaign checking account and one campaign savings account. The accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or candidate committee shall maintain the accounts in the name of the candidate or candidate committee. Acronyms may not be used. Expenses paid on behalf of a candidate or candidate committee must be drawn from the campaign account and issued on a check signed by the candidate or candidate committee treasurer and/or the chairman. All contributions received by the candidate or candidate committee treasurer, directly or indirectly, must be deposited by the candidate or treasurer within ten days after receipt in the campaign account. All contributions received by an agent of a candidate or candidate committee must be forwarded to the candidate or treasurer not later than five days after receipt. A candidate or candidate committee shall disclose the location of its campaign accounts. A contribution of one hundred dollars or more may not be deposited until the candidate or candidate committee receives all the information about the contributor required by Section 8-13-667(2).

Section 8-13-671. A political action committee, including an out-of-state committee, which expends more than five hundred dollars in a year shall file a statement of organization with the State Ethics Commission or appropriate ethics committee no later than five days after making the contribution or expenditure.

Section 8-13-673. The statement of organization of a candidate committee must include:

(1) the full name of the candidate's committee;

(2) the party affiliation, if any, of the candidate;

(3) the complete mailing address and telephone number of the candidate's residence address, if different from the mailing address;

(4) the date the committee was organized;

(5) the office being sought by the candidate or, in the case of a recall election, the purpose of the committee;

(6) the full name, mailing address, telephone number, and principal place of business of the chairman and the treasurer;

(7) the full name and address of the depository in which the committee maintains its campaign account and the number of the account.

(8) written acceptance of appointment by the chairman and treasurer;

(9) a certification of the statement by the candidate and the treasurer.

The candidate shall notify the State Ethics Commission or appropriate ethics committee in writing of a change in information previously reported in a statement of organization no later than ten business days after the change.

Section 8-13-675. The statement of organization of a political action committee must include:

(1) the full name of the committee;

(2) the complete mailing address and telephone number of the committee;

(3) the date the committee was organized;

(4) the area, scope, or jurisdiction of the committee;

(5) an indication as to whether the committee is a political party committee;

(6) the name and mailing address of a corporation or an organization that sponsors the committee or is affiliated with the committee. If the committee is not sponsored by or affiliated with a corporation or an organization, the committee shall specify the trade, profession, or primary interest of contributors to the committee;

(7) the full name, mailing address, telephone number, occupation, and principal place of business of the chairman and treasurer;

(8) the full name, mailing address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;

(9) the full name and address of the depository in which the committee maintains its campaign account and the number of the account;

(10) written acceptance of appointment by the chairman and treasurer;

(11) a certification of the statement by the chairman and the treasurer.

The name of the committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation is known commonly or clearly recognized by the general public.

The chairman shall notify the State Ethics Commission or appropriate ethics committee in writing of a change in information previously reported in a statement of organization no later than ten business days after the change.

Section 8-13-677. A candidate committee may not dissolve until after a primary election or convention in which the candidate is defeated for nomination or the general election in which the candidate is a candidate by inclusion on the ballot or as a write-in candidate.

A party committee may dissolve only after the party itself dissolves.

A committee other than a party or candidate committee may dissolve only after it determines that it no longer accepts contributions or make expenditures.

A final report must be filed with the State Ethics Commission or appropriate ethics committee. The form must be marked `final' and include a list of the material assets worth fifty dollars or more and detail their disposition.

If a committee owes or is owed money, the committee may dissolve but shall report the status of the debts quarterly on the same schedule as active committees until all debts are resolved. Methods of resolution must be detailed.

Committee assets must be disposed of according to this chapter before dissolution.

Section 8-13-679. At the time a final report is filed, a candidate or committee deciding to terminate and having surplus assets shall either:

(1) deliver the surplus to the State Treasurer for deposit to the general fund of the State;

(2) contribute the surplus to a charitable organization;

(3) contribute the surplus to a local, state, or national committee or political party or to another candidate;

(4) return the surplus to the contributors on a pro rata basis;

(5) maintain the surplus for the candidate's next campaign.

Section 8-13-681. No candidate, committee, or political party shall make an expenditure solely for the direct personal benefit of the candidate, members of his immediate family, or any other person, including, but not limited to, payment for clothing or medical or dental expenses, mortgage or rental payments for a permanent resident, the satisfaction of personal debts, including payments on personal loans, except campaign loans that are required to be reported, personal services, including the services of an attorney or accountant, except campaign services required to be reported in the campaign statement.

Section 8-13-683. A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election. A person may not use or authorize the use of public funds, property, or time to produce, print, publish, broadcast, or otherwise disseminate material designed or timed to influence the results of an election, regardless of the lack of specific reference to the election.

A person may not print or distribute or cause to be printed or distributed at public expense a newsletter or other mass mailing of promotional material on behalf of a public official from the day the official files a declaration of candidacy or petition for nomination through the date of the election for the office.

A person may not distribute or post, or cause to be distributed or posted, a communication designed to influence the outcome of an election in a facility owned or leased by this State or a political subdivision of this State unless the facility may be rented to the general public. If a facility is rented to the general public, a person may not distribute or post, or cause to be distributed or posted, a communication on behalf of a candidate or candidate committee designed to influence the outcome of an election except during the time the candidate or candidate committee rents the facility.

A constitutional officer or a member of the General Assembly may not accept a contribution on the grounds of the Capitol Complex.

A person may not solicit, verbally or in writing, a contribution on behalf of himself or a candidate committee in a facility owned or leased by this State or a political subdivision of this State where the person maintains his office.

Section 8-13-685. An officeholder or the officeholder's agent knowingly may not solicit, directly or indirectly, a contribution from an employee in the officeholder's agency in a facility owned or leased by this State in which the officeholder maintains his office. A public official or employee may not provide an advantage or disadvantage to an employee or applicant for employment in classified service concerning the applicant's or employee's employment, conditions of employment, or application for employment based on the employee or applicant's contribution or promise to contribute, failure to make a contribution, or contribute to a political party, a candidate, or committee."

SECTION 14. Items (b), (d) and (e) of Section 8-13-810 of the 1976 Code are amended to read:

"(b) Salaried members of A person serving on a state boards board, commissions commission, council or agencies agency;"

"(d) The city administrator, city manager or chief municipal administrative official or employee, by whatever title A county or municipal official and chief administrative officer or employee;"

"(e) The county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title; Reserved."

SECTION 15. Section 8-13-820 of the 1976 Code is amended by adding:

"(4) A public official shall disclose before which government agencies, boards, commissions, or councils he appears as legal counsel."

SECTION 16. Article 9, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-687. The appropriate supervisory office shall provide a copy of this chapter to all candidates filing for public office."

SECTION 17. Section 8-13-1010 of the 1976 Code is amended to read:

"Section 8-13-1010. Except as otherwise specifically provided for in this chapter and in Section Sections 16-9-210 and Section 16-9-220 of the 1976 Code, any a person who willfully violates any a provision of the chapter shall be deemed is guilty of a misdemeanor and, upon conviction, must be fined not more than one five thousand dollars or be imprisoned for not more than ninety days or both."

SECTION 1. Section 2-17-10 of the 1976 Code is amended to read:

"Section 2-17-10. When As used in this chapter, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:

(a) `Person' means any an individual, firm, partnership, committee, association, corporation and its employees, or any other organization or group of persons.

(b)`Legislative agent' shall mean any person who is employed, appointed or retained, with or without compensation, by another person as defined in (a) above to influence in any matter the act or vote of any member of the General Assembly of this State during any regular or special session thereof upon or concerning any bill, resolution, amendment, report, claim, act, or veto pending or to be introduced. Reserved.

(c) `Lobbyist' shall mean the same as 'legislative agent' as defined in (b) above. means a person who is employed, appointed, or retained, with or without compensation, by another person to influence in any manner the act or vote of a member of the General Assembly, the Governor, other constitutional officers, or a state agency, board, commission, or council concerning a bill, resolution, amendment, standard, report, claim, act, rule, regulation, or veto pending or to be introduced, or purchases and sales to a state agency, board, commission, or council. `Lobbyist' also means an employee who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence in any manner the act or vote of a member of the General Assembly, the Governor, or a state agency, board, commission, or council concerning a bill, resolution, amendment, standard, report, claim, act, rule, regulation, or veto pending or to be introduced, or purchases and sales to a state agency, board, commission, or council. `Lobbyist' does not include:

(1) an individual expressing a personal opinion on legislative or administrative matters to a public official or public employee, or a person who receives no compensation to engage in lobbying activities and does not make expenditures or incur obligations in an aggregate amount in excess of one thousand dollars to or for the benefit of a public official or public employee in an annual filing period;

(2) a person who limits his lobbying activities to appearance before public sessions of the General Assembly, committees of the General Assembly, or public hearings of state agencies, public hearings before a public body of a quasi-judicial nature, or proceedings of a court of this State, if the person makes no expenditures for or on behalf of a public official or public employee in connection with lobbying;

(3) an elected or appointed official or employee of this State, the United States, a county, municipality, school district, or public service district, when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of the official's or employee's duties;

(4) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where the professional services are not otherwise, directly or indirectly, connected with influencing legislative action;

(5) except with respect to a publication of a voluntary membership organization, persons who own, publish, or are employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, or other comments, if these persons engaged in no further activities and represent no other person in connection with a legislative matter.

(6) a person who is running for an office elected by the General Assembly or persons soliciting votes on their behalf.

The term legislative agent when referred to in this chapter means lobbyist.

(d) `Lobbying' shall be defined as direct communication with members of the General Assembly or their staff to influence the passage or defeat of legislation means the act of a person who is employed, appointed, or retained, with or without compensation, by another person to influence in any manner the act or vote of a member of the General Assembly, the Governor, other constitutional officers, or a state agency, board, commission, or council concerning a bill, resolution, amendment, standard, report, claim, act, rule, regulation, or veto pending or to be introduced, or purchases and sales to a state agency, board, commission, or council.

(e) `Gifts' mean an item, entertainment, food, beverage, travel and lodging given to a public official without the public official providing full and adequate consideration.

(f) `Legislation' means bills, resolutions, amendments, nominations, regulations, and other matters pending or proposed in either the House or Senate and includes any other matter which may be the subject of action by either house.

(g) `Compensation' means money, a thing of value, or economic benefit conferred on or received by a person.

(h) `Public employee' means a person employed by this State or a political subdivision of this State.

(i) `Public official' means a member of the General Assembly, a constitutional officer, or a member of a state board, commission, or council.

(j) `Anything of value' means an item, article, money, or thing of monetary worth."

SECTION 2. Section 2-17-20 of the 1976 Code is amended to read:

"Section 2-17-20. Every person who employs any a person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any a person as distinct from those of the whole people of the this State or to act in any a manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such employment and in all cases before appearing before committees of the General Assembly, cause such the lobbyist, agent or counsel to register with the Secretary of State State Ethics Commission as later provided herein in this section. Each person so registering shall pay a single annual fee of ten two hundred dollars and present to the Secretary of State State Ethics Commission a communication reflecting the authority of the registrant to represent the person, firm, corporation or association by whom he is employed. Lobbying firms are not required to pay a registration fee. Each individual lobbyist employed by lobbying firms shall pay the required registration fee. However, a lobbyist who files an affidavit that he does not expend funds or receive personal income from lobbying shall pay a fifty-dollar registration fee. This communication shall also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall must be issued an identification card by the Secretary of State State Ethics Commission which card shall must be shown to the committee chairman before the person can appear before any a legislative committee. At all times, while on the Capitol Complex grounds or while in a county or municipal government building, whether leased or owned, where the county or municipal government conducts legislative meetings, a registered lobbyist must have his registration card in his possession.

The Secretary of State State Ethics Commission shall furnish to each chairman of a standing and special committee of the General Assembly and to the members member of the General Assembly every three months on a monthly basis, a list of all lobbyists registered with his office.

State employees who are lobbyists are exempted from registration fees."

SECTION 3. Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-25. No state agency, college, university, or other institution of higher education may employ an individual for the sole purpose of promoting or opposing legislation. This section is not intended to prohibit a state agency, board, commission, or council from using a state employee as a lobbyist."

SECTION 4. Section 2-17-30 of the 1976 Code is amended to read:

"Section 2-17-30. (A) No person shall may be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any a committee thereof of the General Assembly.

(B) A lobbyist may not engage in a game of skill or chance with a public official.

(C) A lobbyist may not knowingly make or cause to be made a false statement to a legislative or executive official.

(D) A lobbyist may not cause the introduction of legislative or executive action for the purpose of obtaining employment to lobby in support of or in opposition to the legislative or executive action.

(E) A lobbyist may not serve as a treasurer for a candidate.

(F) A registered lobbyist may not deliver a campaign contribution, other than his own, to a public official of this State."

SECTION 5. Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-35. No lobbyist may provide anything of value to a public official or public employee, excluding nonalcoholic beverages, except at a function to which the entire membership of the House of Representatives or Senate, standing committee of either house, joint legislative committee, subcommittee, legislative caucus, or county delegation, county council, or city council is invited. At these functions, no lobbyist or group of lobbyists may expend more than one hundred dollars for each public official or public employee attending the function.

No lobbyist or employer of a lobbyist may contribute to a candidate or candidate committee a contribution in excess of two hundred and fifty dollars in a calendar year.

A lobbyist or lobbyist principal may provide annually to a public official and public employee or a public official or public employee may accept two mementos of up to one hundred dollars each in value. Service awards of a nonmonetary type may be given by a lobbyist or lobbyist principal to a public official or public employee and a public official or public employee may accept service awards."

SECTION 6. Section 2-17-40 of the 1976 Code is amended to read:

"Section 2-17-40. (A) It shall be the duty of every Every legislative agent to shall file annually within thirty days after the final adjournment of the General Assembly quarterly no later than March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred, or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. The report must include the following:

(1) name of the legislative or executive official in whose behalf the payment was made;

(2) name of the person receiving the payment;

(3) name of the person making the payment;

(4) amount of the payment;

(5) date of the payment, and

(6) item presented if other than a monetary contribution or expenditure.

A report These reports shall must be filed annually whether or not contributions or expenditures are made. Such The reports shall must be in such the form as shall be prescribed by the Secretary of State State Ethics Commission and shall must be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section.

(B) The State Ethics Commission shall:

(1) require a person to submit information pursuant to the requirements of this chapter;

(2) In addition to any other penalty in this chapter, require a person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:

(a) a penalty of one hundred dollars if not filed within fifteen days after the established deadline provided in this chapter;

(b) after notice has been given by certified or registered mail by the State Ethics Commission that a required statement has not been filed, a penalty of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total penalty of five hundred dollars.

A legislative agent shall preserve for three years all accounts, bills, books, papers, receipts, and other documents and records necessary to substantiate the expenditure reports submitted under this act."

SECTION 7. Chapter 17, Title 2 of the 1976 Code is amended by adding:

"Section 2-17-45. (A) A lobbyist's principal shall maintain for three years records of contributions and expenditures. The records must contain information on all contributions or expenditures paid by the lobbyist's principal during the preceding three calendar years. The records must record expenditures for the purpose of lobbying according to the following categories:

(1) salaries, fees, and retainers paid for lobbyists;

(2) those portions of office rent, utilities, supplies, and compensation of support personnel attributable to lobbying activities;

(3) other lobbying expenditures.

(B) For each legislative or executive official in whose behalf a payment in one year was initiated or made by the lobbyist's principal, the report must also include the:

(1) name of the legislative or executive official in whose behalf the payment was made;

(2) name of the person receiving the payment;

(3) name of the person making the payment;

(4) amount of the payment;

(5) date of the payment; and

(6) item presented if other than a monetary contribution or expenditure.

(C) The State Ethics Commission may:

(1) Require a person to submit information pursuant to the requirements of this chapter.

(2) In addition to any other penalty in this chapter, require a person who fails to supply all requested information to be assessed a civil penalty as follows:

(a) a penalty of one hundred dollars if not filed within fifteen days after the established deadline provided by the State Ethics Commission;

(b) after notice has been given by certified or registered mail by the State Ethics Commission that required records have not been filed, a penalty of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total penalty of five hundred dollars.

Section 2-17-55. No lobbyist may enter the floor of the House of Representatives or Senate unless invited by the membership of the respective chamber during sessions of the General Assembly.

Section 2-17-65. A lobbyist may seek to terminate a lobbyist registration by filing a report required under Section 2-17-40 including information through the last day of lobbying activity. A termination report shall indicate that the lobbyist intends to use the report as the final accounting of lobbying activity. Termination is not become effective until approved by the State Ethics Commission. In determining whether the termination should become effective, the commission shall consider:

(1) completeness and accuracy of reporting;

(2) the likelihood that the lobbying activity will continue;

(3) circumstances about the lobbyist or lobbyist's principal that the commission considers appropriate in determining whether the termination should be honored."

SECTION 7. Section 2-17-60 of the 1976 Code is amended to read:

"Section 2-17-60. Any legislative counsel A lobbyist or legislative agent and any an employer of such a legislative counsel lobbyist or legislative agent violating any of the provisions of this chapter shall be is guilty of a misdemeanor and, upon conviction, shall must be fined not less more than two five hundred nor more than one hundred thousand dollars or imprisoned not exceeding more than sixty days for each violation , within the discretion of the court. Provided, that any A person convicted of a violation of the provisions of this chapter shall may not serve, register, or otherwise act in the capacity of a lobbyist in this State for a period of two years following his conviction."

SECTION 1. This act takes effect January 1, 1992.