H*4070 Session 110 (1993-1994)
H*4070(Rat #0580, Act #0006 of 1995) General Bill, By Sheheen and Wilkins
A Bill to amend Section 2-17-10, as amended, Code of Laws of South Carolina,
1976, relating to the definitions used in the Ethics, Government
Accountability, and Campaign Reform Act of 1991.-amended title
04/14/93 House Introduced and read first time HJ-53
04/14/93 House Referred to Committee on Judiciary HJ-53
01/18/94 House Recalled from Committee on Judiciary HJ-13
01/20/94 House Amended HJ-14
01/20/94 House Read second time HJ-25
01/26/94 House Read third time and sent to Senate HJ-15
01/26/94 House Reconsidered HJ-18
01/26/94 House Amended HJ-18
01/26/94 House Read third time and sent to Senate HJ-19
01/27/94 Senate Introduced and read first time SJ-7
01/27/94 Senate Referred to Committee on Judiciary SJ-7
04/13/94 Senate Committee report: Favorable with amendment
Judiciary SJ-22
04/19/94 Senate Amended SJ-18
04/19/94 Senate Read second time SJ-33
04/19/94 Senate Ordered to third reading with notice of
amendments SJ-33
04/26/94 Senate Amended SJ-46
04/26/94 Senate Read third time and returned to House with
amendments SJ-46
05/10/94 House Debate adjourned on Senate amendments until
Tuesday, May 17, 1994 HJ-128
05/11/94 House Reconsider vote where debate adjourned until
5/17/94 HJ-85
05/11/94 House Non-concurrence in Senate amendment HJ-106
05/12/94 Senate Senate insists upon amendment and conference
committee appointed Sens. Stilwell, Washington,
Moore SJ-11
05/12/94 House Conference committee appointed Wilkins, Hodges &
Jennings HJ-6
05/26/94 House Free conference powers granted HJ-16
05/26/94 House Free conference committee appointed Wilkins,
Hodges & Jennings HJ-17
05/26/94 House Free conference report received and adopted HJ-18
05/26/94 Senate Free conference powers granted SJ-8
05/26/94 Senate Free conference committee appointed Sens.
Stilwell, Washington, Moore SJ-8
05/26/94 Senate Free conference report received and adopted SJ-24
05/26/94 House Ordered enrolled for ratification HJ-65
06/02/94 Ratified R 580
01/12/95 Became law without Governor's signature
01/12/95 Act No. 6
(A6 of 1995, R580, H4070)
AN ACT TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DEFINITIONS USED IN THE ETHICS, GOVERNMENT
ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO
AS TO DEFINE THE TERM "OFFICIAL CAPACITY" AND
TO PROVIDE THAT A PERSON IS CONSIDERED A LOBBYIST
PRINCIPAL ONLY AS TO THE PUBLIC OFFICE OR PUBLIC BODY
TO WHICH HE HAS AUTHORIZED A LOBBYIST TO ENGAGE IN
LOBBYING; TO AMEND SECTION 2-17-20, AS AMENDED,
RELATING TO THE REGISTRATION OF LOBBYISTS, SO AS TO
PROVIDE THAT THE REGISTRATION MUST CONTAIN AN
IDENTIFICATION OF THE PUBLIC OFFICE OR PUBLIC BODY
WHICH THE LOBBYIST WILL ENGAGE IN LOBBYING, AND ADD
TO THE REQUIREMENTS OF THE REGISTRATION FORM THAT IF
A LOBBYIST FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC
BODY FOR WHICH HE IS AUTHORIZED TO ENGAGE IN
LOBBYING THEN THE LOBBYIST'S PRINCIPAL FOR WHOM THE
LOBBYIST IS AUTHORIZED TO ENGAGE IN LOBBYING IS
DEEMED A LOBBYIST PRINCIPAL AS TO ALL OFFICES OR
PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-25,
RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPAL,
SO AS TO PROVIDE THAT IF THE LOBBYIST PRINCIPAL FAILS TO
IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE
HAS AUTHORIZED LOBBYING, THEN THE LOBBYIST'S
PRINCIPAL IS DEEMED A LOBBYIST'S PRINCIPAL AS TO ALL
PUBLIC OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND
SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S
REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE
TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35,
RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF
LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR
FILING REPORTS; TO AMEND SECTION 2-17-65, RELATING TO
THE REVIEW OF REPORTS FOR COMPLIANCE BY THE STATE
ETHICS COMMISSION, SO AS TO DELETE THE AUTHORITY OF
THE ATTORNEY GENERAL TO PROCEED UNDER THE
PROVISIONS OF SECTION 2-17-70 AND AUTHORIZE THE ETHICS
COMMISSION TO FILE A COMPLAINT AGAINST THE PERSON IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 8-13-320; TO
AMEND SECTION 2-17-90, RELATING TO ACTS PROHIBITED OF
LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC
OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE
REQUIREMENTS, SO AS TO PROVIDE THAT A 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 IF IT IS PROVIDED FOR THE PUBLIC
OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT
THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS
AN OFFICIAL OR AN EMPLOYEE OF THE PROVIDING LOBBYIST'S
PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING,
TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS,
BEVERAGES, OR AN INVITATION CLEARLY INCIDENTAL TO THE
SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S
PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS
RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR
EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO
AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE
PROHIBITION ON PUBLIC OFFICIALS OR EMPLOYEES
RECEIVING COMPENSATION FOR SPEAKING BEFORE
AUDIENCES AND EXCEPTIONS AND RULES FOR PAYMENT OF
EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, A
PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN
OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE
FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A
PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL,
PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED
BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN
CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL
PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE
MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND
PROVIDE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE
REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST
UNDER SECTION 8-13-1110 MUST REPORT ON HIS STATEMENT
THE ORGANIZATION WHICH PAID FOR OR REIMBURSED
ACTUAL EXPENSES, THE AMOUNT OF THE PAYMENT OR
REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION
OF THE SPEAKING ENGAGEMENT, REQUIRE THAT THE PUBLIC
OFFICIAL OR PUBLIC EMPLOYEE NOT REQUIRED TO FILE A
STATEMENT OF ECONOMIC INTEREST OR TO WHOM IS PAID OR
REIMBURSED ACTUAL EXPENSES FOR SPEAKING MUST REPORT
THE SAME INFORMATION IN WRITING TO THE CHIEF
ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY
WITH WHICH THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS
ASSOCIATED, TO PROVIDE THAT IF THE EXPENSES ARE
INCURRED OUT OF STATE THE PUBLIC OFFICIAL OR PUBLIC
EMPLOYEE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM
THE CHIEF EXECUTIVE OF THE DEPARTMENT OF THE STATE OR
ANY STATE BOARD, COMMISSION, AGENCY, OR AUTHORITY,
INCLUDING COMMITTEES OF ANY BODY BY WHATEVER NAME
KNOWN, IN ALL OTHER CASES; TO AMEND SECTION 8-13-100, AS
AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF LAW
ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN
REFORM, SO AS TO CLARIFY IN THE DEFINITION OF
"CANDIDATE" THAT IT ALSO MEANS A PERSON ON
WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE
PERSON HAS KNOWLEDGE OF THE SOLICITATION, TO INCLUDE
WITHIN A DEFINITION "ELECTION" THAT IT ALSO
MEANS A BALLOT MEASURE, AND TO PROVIDE A DEFINITION
OF "OFFICIAL CAPACITY" AND "STATE BOARD,
COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320,
AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE
STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT A
PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8,
IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS
CONTAINED IN SECTION 8-13-320, AND TO DELETE AND TO
PROVIDE THAT THE APPROVAL OF THE CHAIRMAN INSTEAD OF
AN AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF
THE COMMISSION IS REQUIRED TO ISSUE SUBPOENAS FOR THE
PROCUREMENT OF WITNESSES AND MATERIALS RELEVANT TO
THE AGENCY'S INVESTIGATION; TO AMEND THE 1976 CODE BY
ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE
ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE
REGISTRATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS TO
OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND
REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO
AMEND SECTION 8-13-715, AS AMENDED, RELATING TO
SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS,
OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND
AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE
EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL,
PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED
BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN
CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL
PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE
MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND
TO REQUIRE CERTAIN INFORMATION TO BE INCLUDED IN A
STATEMENT OF ECONOMIC INTEREST BY THOSE INDIVIDUALS
REQUIRED TO FILE THE STATEMENT, AND REQUIRE THAT
THESE INDIVIDUALS WHO ARE NOT REQUIRED TO FILE A
STATEMENT OF ECONOMIC INTEREST BUT WHO IS PAID OR
REIMBURSED ACTUAL EXPENSES FOR A SPEAKING
ENGAGEMENT MUST REPORT THIS INFORMATION IN WRITING
TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF
THE AGENCY WITH WHICH THE PUBLIC OFFICIAL, PUBLIC
MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED; TO AMEND
SECTION 8-13-740, AS AMENDED, RELATING TO
REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL,
MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY,
SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF THE
COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME
LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL,
PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS AN OFFICIAL
RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED,
RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A
PUBLIC OFFICIAL, MEMBER, OR AN EMPLOYEE WITH AN
OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT
PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE
CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT
PROHIBIT THE AWARD OF THE CONTRACTS AWARDED
THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE
BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC
EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION
REGARDING THE CONTRACT; TO AMEND SECTION 8-13-785,
RELATING TO COMMUNICATION BY AN ELECTED OFFICIAL
WITH A STATE BOARD OR COMMISSION ON BEHALF OF A
CONSTITUENT, SO AS TO DELETE PROVISIONS WHICH
PROVIDED THAT THE PROVISIONS OF ARTICLES ONE THROUGH
ELEVEN OF CHAPTER 13, 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; TO AMEND SECTION 8-13-1110,
AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A
STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE
REFERENCE TO "CONSULTANT"; TO AMEND SECTION
8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE
STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE
CERTAIN PROVISIONS REFERENCING PERSONAL PROPERTY,
AND INCLUDE PROVISIONS WHICH REQUIRE THE NAME OF
EACH ORGANIZATION WHICH PAID FOR OR REIMBURSED
ACTUAL EXPENSES OF THE FILER FOR SPEAKING BEFORE A
PUBLIC OR PRIVATE GROUP, THE AMOUNT OF SUCH PAYMENT
FOR REIMBURSEMENT, AND THE PURPOSE, DATE, AND
LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND
SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS
OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO
INCLUDE PROVISIONS WHERE A CREDITOR IS SUBJECT TO
REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A
BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S
AGENCY OR DEPARTMENT; TO AMEND THE 1976 CODE BY
ADDING SECTION 8-13-1125, SO AS TO PROVIDE THAT CERTAIN
REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 DO NOT
APPLY TO AN EVENT WHICH A MEMBER OF THE GENERAL
ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL,
REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED
THE EVENT, IF THE INVITATION IS EXTENDED TO THE ENTIRE
MEMBERSHIP OF THE HOUSE, THE SENATE, OR THE GENERAL
ASSEMBLY THEN THE INVITATION IS ACCEPTED BY THE HOUSE
OR SENATE INVITATION COMMITTEES PURSUANT TO HOUSE
OR SENATE RULES; TO AMEND THE 1976 CODE BY ADDING
SECTION 8-13-1127 SO AS TO PROVIDE THAT THE HOUSE AND
THE SENATE INVITATION COMMITTEES SHALL KEEP AN
UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE
LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING
REGULAR BUSINESS HOURS; TO AMEND SECTION 8-13-1150, AS
AMENDED, RELATING TO THE FILING OF A STATEMENT OF
ECONOMIC INTEREST BY CERTAIN CONSULTANTS, SO AS TO
DELETE A REFERENCE TO "STATEMENT OF ECONOMIC
INTEREST"; TO AMEND SECTION 8-13-1160, AS AMENDED,
RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF
ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION
AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO
PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN
FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO
AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO
DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS
TO PROVIDE THAT A "CANDIDATE" ALSO MEANS A
PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED
IF THE PERSON HAS THE KNOWLEDGE OF THE SOLICITATION,
AND TO DELETE FROM THE DEFINITION OF
"CONTRIBUTION" A REFERENCE TO BALLOT
MEASURE, AND PROVIDE THAT "ELECTION" ALSO
MEANS A BALLOT MEASURE, AND TO INCLUDE FROM THE
DEFINITION OF "INDEPENDENT EXPENDITURE" AN
EXPENDITURE MADE BY A PERSON TO ADVOCATE AN
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE
OR BALLOT MEASURE, AND TO DELETE FROM THE DEFINITION
OF "NONCANDIDATE COMMITTEE" A REFERENCE TO
BALLOT MEASURE; TO AMEND SECTION 8-13-1308, AS
AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN
REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO
DELETE CERTAIN REFERENCES AND TO PROVIDE THAT
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 THE CONTRIBUTIONS ARE
RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE
OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT
UNDERGOES FINAL DISBURSEMENT PURSUANT TO THE
PROVISIONS OF SECTION 8-13-1370 AND TO CHANGE THE TIME
FOR MAINTAINING OF A CURRENT LIST OF ALL
CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS
FROM THE TWENTY-DAY PERIOD BEFORE THE ELECTION TO
THE TIME COMMENCING AT THE BEGINNING OF THE
CALENDAR QUARTER OF THE ELECTION, AND TO REQUIRE A
COMMITTEE TO FILE A CAMPAIGN REPORT LISTING
EXPENDITURES IF IT MAKES AN INDEPENDENT EXPENDITURE
OR AN INCURRED EXPENDITURE WITHIN THE CALENDAR
QUARTER IN WHICH THE ELECTION IS CONDUCTED OR
TWENTY DAYS BEFORE THE ELECTION, WHICHEVER TIME IS
GREATER INSTEAD OF TWENTY DAYS BEFORE THE ELECTION
UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE THAT
CERTAIN REPORTS MUST BE COMBINED AND FILED UNDER
CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1310, AS
AMENDED, RELATING TO RECIPIENTS OF CERTAIN CAMPAIGN
REPORTS AND COPIES OF THEM AND THE STATE ETHICS
COMMISSION REVIEW, SO AS TO PROVIDE THAT 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 FIVE RATHER THAN TWO BUSINESS DAYS
OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED,
RELATING TO THE PROHIBITION ON THE USE OF PUBLIC
FUNDS, PROPERTY OR TIME TO INFLUENCE THE OUTCOME OF
AN ELECTION, SO AS TO PROVIDE THAT THE SECTION DOES
NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A
GOVERNMENTAL ENTITY OR RESPONSE TO NEWS MEDIA OR
CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE
AFFECTING A GOVERNMENTAL ENTITY AND PROVIDE AN
EXCEPTION; TO AMEND SECTION 8-13-1354, AS AMENDED,
RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY
PAYING FOR AN ELECTION-RELATED COMMUNICATION AND
EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE,
COMMITTEE, OR OTHER PERSON RATHER THAN "A
PERSON", AND APPLY THE SECTION TO MAKING AN
EXPENDITURE, RATHER THAN "INDEPENDENT
EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS
AMENDED, RELATING TO THE FILING OF THE STATEMENT OF
ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE,
SO AS TO DELETE CERTAIN LANGUAGE RELATING TO TIME
AFTER RECEIVING A CANDIDATE'S STATEMENT OF ECONOMIC
INTEREST, AND PROVIDE THAT THE OFFICIAL WITH WHOM THE
CANDIDATE FILES A DECLARATION OF CANDIDACY OR
PETITION FOR NOMINATION NO LATER THAN FIVE BUSINESS
DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF
THE STATEMENT; AND TO AMEND THE 1976 CODE BY ADDING
SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO
FILE CERTAIN REPORTS OR STATEMENTS WITH THE
APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE
OCCURRED IN RICHLAND COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 2-17-10 of the 1976 Code, as last amended by Act
248 of 1991, is further amended by adding an appropriately numbered item
to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official or public
employee;
(b) involve matters which fall within the official responsibility of the
agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the
public official or public employee would be subject to expense
reimbursement by the agency with which the public official or public
employee is associated."
Definition
SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(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.
A person is considered a lobbyist's principal only as to the public office or
public body to which he has authorized, pursuant to this chapter, a lobbyist
to engage in lobbying."
Identification
SECTION 3. Section 2-17-20(B)(2) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended to read:
"(2) an identification of the public office or public body which
the lobbyist will engage in lobbying and 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"
Lobbyist deemed lobbyist's principal
SECTION 4. Section 2-17-20(B) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended by adding a new item to read:
"(4) If a lobbyist fails to identify the public office or public body
for which he is authorized to engage in lobbying, as required by item (2) of
this subsection, then the lobbyist's principal for whom the lobbyist is
authorized to engage in lobbying is deemed a lobbyist's principal as to all
public offices or public bodies of the State."
Identification of public office or body
SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(3) an identification of the public office or public body which
the lobbyist's principal will authorize lobbying and 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"
Lobbyist's deemed lobbyist's principal
SECTION 6. Section 2-17-25(B) of the 1976 Code, as last amended by
Act 248 of 1991, is further amended by adding a new item to read:
"(5) If a lobbyist's principal fails to identify the public office or
public body for which he has authorized lobbying as required by item (3) of
this subsection, then the lobbyist's principal is deemed a lobbyist's principal
as to all public offices or public bodies of the State."
Report must be filed
SECTION 7. The first paragraph of Section 2-17-30 of the 1976 Code, as
last amended by Act 248 of 1991, is further amended to read:
"Each lobbyist, no later than April tenth and October tenth of each
year, must file a report with the State Ethics Commission covering that
lobbyist's lobbying during that filing period. The filing periods shall be
from January first to March thirty-first for the April tenth report and shall
be from April first to September thirtieth for the October tenth report. Any
lobbying activity not reflected on the October tenth report and not reported
on a statement of termination pursuant to Section 2-17-20(C) must be
reported no later than December thirty-first of that year. Each report must
be in a form prescribed by the State Ethics Commission and be limited to
and contain:"
Filing periods
SECTION 8. The first paragraph of Section 2-17-35 of the 1976 Code, as
added by Act 248 of 1991, is amended to read:
"Except as otherwise provided by Section 2-17-90(E), each
lobbyist's principal, no later than April tenth and October tenth of each
year, must file a report with the State Ethics Commission covering that
lobbyist's principal's expenditures attributable to lobbying during that filing
period. The filing periods shall be from January first to March thirty-first
for the April tenth report and shall be from April first to September thirtieth
for the October tenth report. Any lobbying activity not reflected on the
October tenth report and not reported on a statement of termination
pursuant to Section 2-17-25(C) must be reported no later than December
thirty-first of that year. Each report must be in a form prescribed by the
State Ethics Commission and be limited to and contain:"
Notices and reports must be filed
SECTION 9. Section 2-17-65(C) of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"(C) If, after notification by the State Ethics Commission that a
required statement has not been filed, the person fails to file the necessary
notices and reports, the State Ethics Commission shall, upon a finding of
probable cause, file a complaint against the person in accordance with the
provisions of Section 8-13-320(9) and (10)."
Statement of economic interests
SECTION 10. Section 2-17-90(C) of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"(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) or (G) must report on his statement of economic interests pursuant to
Section 8-13-1120 the value of anything received."
Provisions not to apply
SECTION 11. Section 2-17-90(F) of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"(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 or to a public official or a public employee
who pays the face value of a ticket to attend a ticketed event sponsored by a
lobbyist's principal when the ticketed event is open to the general
public."
Public official or employee may accept lodging, etc.
SECTION 12. Section 2-17-90 of the 1976 Code, as added by Act 248 of
1991, is amended by adding:
"(G) Notwithstanding any other provisions of this section, a
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 if it is provided to the public official or public
employee solely on the basis that the spouse of the public official or public
employee is an official or employee of the providing lobbyist's principal
and the spouse's receipt of the lodging, transportation, entertainment, food,
meals, beverages, or invitation is purely incidental to the spouse's office or
employment with the lobbyist's principal and the public official or public
employee is receiving it only as the spouse of an official or employee of the
providing lobbyist's principal."
Public official or employee may not receive anything of value for
speaking
SECTION 13. Section 2-17-100 of the 1976 Code, as added by Act 248 of
1991, is amended to read:
"Section 2-17-100. A public official or a public employee acting
in an official capacity may not receive anything of value from a lobbyist's
principal for speaking before a public or private group. A public official or
public employee is not prohibited by this section from accepting a meal
provided in conjunction with a speaking engagement where all participants
are entitled to the same meal and the meal is incidental to the speaking
engagement. Notwithstanding the limitations of Section 2-17-90, a public
official or public employee 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 or public employee who is
required to file a statement of economic interests under Section 8-13-1110.
A public official or public employee required to file a statement of
economic interests under Section 8-13-1110 must report on his statement of
economic interests the organization which paid for or reimbursed actual
expenses, the amount of such payment or reimbursement, and the purpose,
date, and location of the speaking engagement. A public official or public
employee who is not required to file a statement of economic interests but
who is paid or reimbursed actual expenses for a speaking engagement must
report this same information in writing to the chief administrative official
or employee of the agency with which the public official or public
employee is associated.
If the expenses are incurred out of state, the public official or public
employee 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 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;
(4) the Speaker of the House, in the case of a member of the House of
Representatives; or
(5) the chief executive of a department of the State or any state board,
commission, agency, or authority, including committees of any such body,
by whatever name known, in all other cases."
Definition of `candidate'
SECTION 14. Section 8-13-100(5) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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. It also means a person on whose
behalf write-in votes are solicited if the person has knowledge of such
solicitation. `Candidate' does not include a person within the meaning of
Section 431(b) of the Federal Election Campaign Act of 1976."
Definition of `election'
SECTION 15. Section 8-13-100(12) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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;
(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; or
(d) a ballot measure."
Definition of `official capacity'
SECTION 16. Section 8-13-100 of the 1976 Code, as added by Act 248 of
1991, is amended by adding an appropriately numbered item to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official, public
member, or public employee;
(b) involve matters which fall within the official responsibility of the
agency, the public official, the public member, or the public employee;
and
(c) are services the agency would normally provide and for which the
public official, public member, or public employee would be subject to
expense reimbursement by the agency with which the public official, public
member, or public employee is associated."
Definition of `state board', `commission', or `council'
SECTION 17. Section 8-13-100, of the 1976 Code, as added by Act 248
of 1991, is amended by adding an appropriately numbered item to read:
"( ) `State board, commission, or council' means an agency
created by legislation which has statewide jurisdiction and which exercises
some of the sovereign power of the State."
Complaints and issues are received
SECTION 18. The first six lines of Section 8-13-320(9) of the 1976 Code,
as last amended by Act 184 of 1993, are further amended to read:
"to initiate or receive complaints and make investigations, as
provided in item (10), of statements filed or allegedly failed to be filed
under the provisions of this chapter and Chapter 17 of Title 2 and, upon
complaint by an individual, of an alleged violation of this chapter or
Chapter 17 of Title 2 by a public official, public member, or public
employee except members of or candidates for the General Assembly
unless otherwise provided for under House or Senate rules. Any person
charged with a violation of this chapter or Chapter 17 of Title 2 is entitled
to the administrative hearing process contained in this section."
Ethics commission may order testimony
SECTION 19. Section 8-13-320(10)(f), of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"(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 approval of the chairman, 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."
Ethics commission shall retain fees
SECTION 20. Chapter 13, Title 8 of the 1976 Code is amended by
adding:
"Section 8-13-325. The State Ethics Commission shall retain fees
generated by the registration of lobbyists and lobbyist's principals to offset
costs associated with the administration and regulation of lobbyists and
lobbyist's principals."
Public official or member may not receive anything of value for
speaking before a public or private group
SECTION 21. Section 8-13-715 of the 1976 Code, as added by Act 248 of
1991, is amended to read:
"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. A public official, public
member, or public employee is not prohibited by this section from
accepting a meal provided in conjunction with a speaking engagement
where all participants are entitled to the same meal and the meal is
incidental to the speaking engagement. Notwithstanding the limitations of
Section 2-17-90, a public official, public member, or public employee 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. A public official, public member, or public
employee required to file a statement of economic interests under Section
8-13-1110 must report on his statement of economic interests the
organization which paid for or reimbursed actual expenses, the amount of
such payment or reimbursement, and the purpose, date, and location of the
speaking engagement. A public official, public member, or public
employee who is not required to file a statement of economic interests but
who is paid or reimbursed actual expenses for a speaking engagement must
report this same information in writing to the chief administrative official
or employee of the agency with which the public official, public member,
or public employee is associated.
If the expenses are incurred out of state, the public official, public
member, or public employee 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."
Representation
SECTION 22. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last
amended by Act 248 of 1991, are further amended to read:
"(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 an agency, unit, or subunit of that county for
which the public official, public member, or public employee has official
responsibility 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 for which the public official, public member, or public
employee has official responsibility except as required by law."
Representation
SECTION 23. Section 8-13-740(A)(6) of the 1976 Code, as last amended
by Act 248 of 1991, is further amended to read:
"(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 for which the public official, public member, or public
employee has official responsibility 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 the 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."
Representation
SECTION 24. Section 8-13-740(A)(6) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(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 for which the public official, public member, or public
employee has official responsibility 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 the South Carolina Department of Insurance,
or in an agency's consideration of the drafting and promulgation of
regulations under Chapter 23 of Title 1 in a public hearing."
Economic interest in a contract
SECTION 25. Section 8-13-775 of the 1976 Code, as added by Act 248 of
1991, is amended to read:
"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 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 nor does it prohibit the award of contracts
awarded through a process of public notice and competitive bids if the
public official, public member, or public employee has not performed an
official function regarding the contract."
Communications not prohibited
SECTION 26. Section 8-13-785 of the 1976 Code, as added by Act 248 of
1991, is amended to read:
"Section 8-13-785. Nothing in Chapter 13 of Title 8 prevents an
elected official from communicating 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."
Statement of economic interests
SECTION 27. Section 8-13-1110(B) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(B) Each of the following public officials, public members, and
public employees must file a statement of economic interests with the
appropriate supervisory office, unless otherwise provided:
(1) a person appointed to fill the unexpired term of an elective
office;
(2) a salaried member of a state board, commission, or agency;
(3) the chief administrative official or employee and the deputy or
assistant administrative official or employee or director of a division,
institution, or facility of any agency or department of state government;
(4) the city administrator, city manager, or chief municipal
administrative official or employee, by whatever title;
(5) the county manager, county administrator, county supervisor, or
chief county administrative official or employee, by whatever title;
(6) the chief administrative official or employee of each political
subdivision including, but not limited to, school districts, libraries, regional
planning councils, airport commissions, hospitals, community action
agencies, water and sewer districts, and development commissions; (7) a school district and county superintendent of education;
(8) a school district board member and a county board of education
member;
(9) the chief finance official or employee and the chief purchasing
official or employee of each agency, institution, or facility of state
government, and of each county, municipality, or other political
subdivision including, but not limited to, those named in item (6);
(10) a public official;
(11) a public member who serves on a state board, commission, or
council."
Real Property
SECTION 28. Section 8-13-1120(A)(3) and (4) of the 1976 Code, as
added by Act 248 of 1991, is amended to read:
"(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 a sale, lease, or rental of personal or 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;
(4) the name of each organization which paid for or reimbursed actual
expenses of the filer for speaking before a public or private group, the
amount of such payment or reimbursement, and the purpose, date, and
location of the speaking engagement;"
Listing of each creditor
SECTION 29. Section 8-13-1120(A)(6)(a) of the 1976 Code, as added by
Act 248 of 1991, is amended to read:
"(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, if the creditor
is subject to regulation by the filer or is seeking or has sought a business or
financial arrangement with the filer's agency or department other than for a
credit card or retail installment contract, and the original amount of the debt
and amount outstanding unless:"
Exemption reporting requirement
SECTION 30. Chapter 13, Title 8 of the 1976 Code is amended by
adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and
8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not
apply to an event to which a member of the General Assembly is invited by
a lobbyist's principal, regardless of whether or not the member attended the
event, if the invitation was extended to the entire membership of the House,
Senate, or General Assembly, and the invitation was accepted by the House
or Senate Invitations Committee pursuant to House or Senate
rules."
List to be kept
SECTION 31. Chapter 13, Title 8 of the 1976 Code is amended by
adding:
"Section 8-13-1127. The House and Senate Invitations
Committees shall keep an updated list of invitations accepted by the body.
The list must be available for public inspection during regular business
hours."
Consultant to file statement
SECTION 32. Section 8-13-1150 of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"Section 8-13-1150. A consultant must file a statement for the
previous calendar year with the appropriate supervisory office no later than
twenty-one days after entering into a contractual relationship with the State
or a political subdivision of the State and must file an update within ten
days from the date the consultant knows or should have known that new
economic interests in an entity have arisen in which the consultant or a
member of the consultant's immediate family has economic interests:
(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."
Committees must file copies
SECTION 33. Section 8-13-1160 of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"(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 five business days of
receipt.
(B) Within five 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."
Definition `candidate'
SECTION 34. Section 8-13-1300(4) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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. It also means a person on
whose behalf write-in votes are solicited if the person has knowledge of
such solicitation. `Candidate' does not include a candidate within the
meaning of Section 431(b) of the Federal Election Campaign Act of
1976."
Definition `contribution'
SECTION 35. Section 8-13-1300(7) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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 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."
Definition `election'
SECTION 36. Section 8-13-1300(9) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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;
(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; or
(d) a ballot measure."
Definition `independent expenditure'
SECTION 37. Section 8-13-1300(17) of the 1976 Code, as added by Act
248 of 1991, 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; 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."
Definition `noncandidate committee'
SECTION 38. Section 8-13-1300(23) of the 1976 Code, as added by Act
248 of 1991, 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, 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."
Candidate to file statement
SECTION 39. Section 8-13-1308 of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"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 initial 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.
(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 until
the campaign account undergoes final disbursement pursuant to the
provisions of Section 8-13-1370.
(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 period before the election commencing at
the beginning of the calendar quarter of 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 the calendar quarter in which the election is conducted
or twenty days before the election, whichever period of time is greater, 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) Notwithstanding the provisions of subsections (B) and (D), if a
pre-election campaign report provided for in subsection (D) is required to
be filed within thirty days of the end of the prior quarter, a candidate or
committee must combine the quarterly report provided for in subsection (B)
and the pre-election report and file the combined report subject to the
provisions of subsection (D) no later than fifteen days before the
election.
(F) 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."
Committees must forward copies
SECTION 40. Section 8-13-1310(B) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(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 five business days of
receipt."
Copies to be forwarded
SECTION 41. Section 8-13-1310(C) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(C) Within five 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."
Use of public funds, etc.
SECTION 42. Section 8-13-1346 of the 1976 Code, as added by Act 248
of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or authorize the
use of public funds, property, or time to influence the outcome of an
election.
(B) 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.
(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."
Expenditures by candidate, etc.
SECTION 43. Section 8-13-1354 of the 1976 Code, as added by Act 248
of 1991, 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 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."
Copy of statement to be filed
SECTION 44. Section 8-13-1356(C) of the 1976 Code, as added by Act
248 of 1991, is amended to read:
"(C) The official with whom the candidate files a declaration of
candidacy or petition for nomination, no later than five business days after
candidacy books close, must file a copy of the statement with the
appropriate supervisory office."
Failure to file deemed to have occurred in Richland County
SECTION 45. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with
the appropriate supervisory office, as required under the provisions of this
chapter, is deemed to have occurred in Richland County."
Savings clause
SECTION 46. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved.
This act may not be construed to affect any prosecution pending or begun
before the effective date of this act.
Time effective
SECTION 47. This act takes effect upon approval by the Governor,
except Section 24, which takes effect July 1, 1995. Provided, however, any
changes in reporting requirements pursuant to the provisions of this act
shall apply only to transactions occurring on or after January 1, 1995.
Became law without the signature of the Governor -- 1/12/95. |