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S 250 Session 113 (1999-2000)
S 0250 {Rat #439} General Bill, By Leatherman and Hayes
A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE
THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO
LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE
TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE
STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE
TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO
ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS
AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE
CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO
DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM
ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO
AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE
STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION
THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING
FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO
REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A
COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO
CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE
POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS
COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE
JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION
THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR
APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND
SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE
PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF
"COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN
ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED
DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF
"ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE
DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON
CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE
COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT
MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND
SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A
CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION
8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING
FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE
COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT
MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE
STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE
HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A
STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE
APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF
CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE
MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND
REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING
OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED
DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT
MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN
INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED,
RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND
THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND
CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316,
RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL
PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS
THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL
CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION
OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN
TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324,
RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE
CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332,
RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT
MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN
ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE
ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR
FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR
PROFIT-CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO
SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS
AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR
ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE
REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE
PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE
STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION
8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO
INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO
AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A
CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN
THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO
TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE
STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY
RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND
SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO
FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM
FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF
TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A
MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO CREATE AN ADVISORY
CAMPAIGN REFORM STUDY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, POWERS,
DUTIES, AND RESPONSIBILITIES.-AMENDED TITLEVERSIONS OF THIS BILL
April 21, 1999 April 22, 1999 May 27, 1999 June 1, 1999 June 2, 1999 June 22, 2000 NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT THE FINAL VERSION. (R439, S250) AN ACT TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATIONS COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION AND TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE AND PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS ALLEGING THE VIOLATION COMPLAINED OF PRAYING FOR APPROPRIATE RELIEF DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION, AND REQUIRE A CERTIFIED CAMPAIGN REPORT TO BE FILED UPON THE RECEIPT OF ANYTHING OF VALUE TOTALING, IN AN ACCUMULATED AGGREGATE, TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR PROFIT-CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO CREATE AN ADVISORY CAMPAIGN REFORM STUDY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES. Be it enacted by the General Assembly of the State of South Carolina: Lobbyists' report SECTION 1. The first paragraph of Section 2-17-30(A) of the 1976 Code, as last amended by Act 6 of 1995, 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" Lobbyists' principals' report SECTION 2. The first paragraph of Section 2-17-35(A) of the 1976 Code, as last amended by Act 6 of 1995, is further 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" State agency's report SECTION 3. The first paragraph of Section 2-17-40(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Each state agency or department shall, no later than April tenth and October tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" Cabinet officers excluded from provisions SECTION 4. Section 2-17-90(A) of the 1976 Code is further amended by adding: "(7) as to cabinet officers, a function to which all cabinet officers are invited." Limitation on provision of certain items SECTION 5. Section 2-17-90(B) of the 1976 Code is amended to read: "(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee." Definition of election SECTION 6. A. Section 8-13-100(12) of the 1976 Code 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; or (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State." B. The amendments to Section 8-13-100(12) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-100(12) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Complaints SECTION 7. A. Section 8-13-320(9)(b) of the 1976 Code is amended to read: "(b) No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. Action on a complaint filed against a candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party." B. The amendments to Section 8-13-320(9)(b) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-320(9)(b) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Commission may dismiss complaint SECTION 8. Section 8-13-320(10)(b) of the 1976 Code is amended to read: "(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission." Investigation after filing a complaint SECTION 9. Section 8-13-530(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus of, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;" Powers of ethics committee SECTION 10. A. Section 8-13-530(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(2) receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing shall be held and the court shall either dismiss the petition, or direct that a mandamus order or an injunction or both be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. In the event the court dismisses a petition for mandamus or injunctive relief based upon a finding that the petition is frivolous, the court must award reasonable attorneys fees and costs to the non-petitioning party;" B. The amendments to Section 8-13-530(2) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-530(2) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Definition of committee SECTION 11. A. Section 8-13-1300(6) of the 1976 Code is amended to read: "(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office , makes: (a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them; or (b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate. 'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election." B. The amendments to Section 8-13-1300(6) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(6) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Definition of election SECTION 12. A. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 6 of 1995, is further 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; or (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State." B. The amendments to Section 8-13-1300(9) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(9) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Definition of independent expenditure SECTION 13. A. Section 8-13-1300(17) of the 1976 Code, as last amended by Act 6 of 1995, is further 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; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee. 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." B. The amendments to Section 8-13-1300(17) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300(17) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Definition of ballot measure committee SECTION 14. A. Section 8-13-1300 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding appropriately numbered items at the end to read: "( ) 'Ballot measure committee' means: (a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of one thousand dollars in the aggregate during an election cycle; (b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or (c) a person, other than an individual, who makes independent expenditures aggregating one thousand dollars or more during an election cycle. ( ) 'Influence the outcome of an elective office' means: (a) expressly advocating the election or defeat of a clearly identifiable candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or (b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identifiable candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or (c) any communication about a public issue made, not more than forty-five days before an election, that references a clearly identifiable candidate, that but for such reference, the communication as a whole would not convey a clear, unambiguous message concerning the public issue, and that is reasonably suggestive of primarily advocating the election or defeat of a clearly identifiable candidate." B. The amendments to Section 8-13-1300 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1300 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Account to be kept SECTION 15. A. Section 8-13-1302 of the 1976 Code is amended to read: "Section 8-13-1302. (A) A candidate, committee, or ballot measure committee must maintain and preserve an account of: (1) the total of contributions accepted by the candidate, committee, or ballot measure committee; (2) the name and address of each person making a contribution and the date of receipt of each contribution; (3) the total of expenditures made by or on behalf of the candidate, committee, or ballot measure committee; (4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and (5) all receipted bills, canceled checks, or other proof of payment for each expenditure. (B) The candidate, committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years." B. The amendments to Section 8-13-1302 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1302 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Statement of organization required SECTION 16. A. Section 8-13-1304 of the 1976 Code is amended to read: "Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure. (B) A ballot measure committee, except an out-of-state committee, which receives or expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than one thousand dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure." B. The amendments to Section 8-13-1304 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1304 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Contents of statement of organization SECTION 17. A. Section 8-13-1306 of the 1976 Code is amended to read: "Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include: (1) the full name of the committee or ballot measure committee; (2) the complete address and telephone number of the committee or ballot measure committee; (3) the date the committee or ballot measure committee was organized; (4) a summary of the purpose of the committee or ballot measure committee; (5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee; (6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee; (7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers; (8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and (9) a certification of the statement by the chairman and the treasurer. (B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public. (C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change." B. The amendments to Section 8-13-1306 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1306 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Initial certified campaign report required SECTION 18. A. Section 8-13-1308(A) of the 1976 Code is amended to read: "(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures 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(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate 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. The amendments to Section 8-13-1308(A) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308(A) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Certified campaign report required SECTION 19. A. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read: "(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which total in the aggregate $2,500 or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee." B. The amendments to Section 8-13-1308 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1308 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Initial certified campaign report required SECTION 20. A.The 1976 Code is amended by adding: "Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, one thousand dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures. (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 a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C). (C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure 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. (D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure 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 (C) no later than fifteen days before the ballot measure election. (E) Certified campaign reports detailing campaign contributions and expenditures must contain: (1) the total of contributions accepted by the ballot measure 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 ballot measure committee; and (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." B. Section 8-13-1309 of the 1976 Code as added in this SECTION takes effect November 8, 2000, and expires on November 5, 2002. Reports to be filed SECTION 21. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office. (B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt. (C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the person required to file. (D) As provided in Section 8-13-1372, the State Ethics Commission must review all statements for inadvertent and unintentional errors or omissions." Limitations on campaign contributions SECTION 22. Section 8-13-1316 of the 1976 Code is amended to read: "Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than: (1) fifty thousand dollars in the case of a candidate for statewide office; (2) five thousand dollars in the case of a candidate for any other office. (B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to: (1) the operation of telephone banks; (2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or (3) voter registration and ballot information. (C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days must remit the contribution to the Children's Trust Fund." Anonymous contributions SECTION 23. A. Section 8-13-1324 of the 1976 Code is amended to read: "Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, committee, or ballot measure committee and a candidate, committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part. (B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund." B. The amendments to Section 8-13-1324 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1324 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Unlawful contributions and expenditures SECTION 24. A. Section 8-13-1332 of the 1976 Code is amended to read: "Section 8-13-1332. It is unlawful for: (1) a committee or ballot measure committee to make a contribution or expenditure by using: (a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or (b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or (c) monies obtained by the committee or the ballot measure committee in a commercial transaction; (2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; (3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families, except as provided in Section 8-13-1333. " B. The amendments to Section 8-13-1332 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1332 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Solicitations by not-for-profit corporations SECTION 25. A. The 1976 Code is amended by adding: "Section 8-13-1333. (1) Not-for-profit corporations and committees formed by not for profit corporations may solicit contributions from the general public; (2) An organization or a committee of an organization may solicit contributions from the general public." B. Section 8-13-1333 of the 1976 Code as added in this SECTION takes effect November 8, 2000, and expires on November 5, 2002. Name must be on printed matter SECTION 26. A. Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further 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 or a candidate 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." B. The amendments to Section 8-13-1354 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1354 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Report to be made available SECTION 27. Section 8-13-1366 of the 1976 Code is amended to read: "Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost." Time when candidate is exempt from campaign filling requirements SECTION 28. A. Section 8-13-1368 of the 1976 Code is amended to read: "Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred. (B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred. (C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report. (D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition." B. The amendments to Section 8-13-1368 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1368 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Surplus funds, manner of distribution SECTION 29. A. Section 8-13-1370(C) of the 1976 Code is amended to read: "(C) A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be: (1) contributed to the state's general fund; (2) returned pro rata to all contributors; (3)(a) contributed to a political party or to another committee; (b) or if a ballot measure committee, to another ballot measure committee; (4) contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code; or (5) distributed using a combination of these options." B. The amendments to Section 8-13-1370(C) of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1370(C) of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Inadvertent omissions or errors on campaign reports SECTION 30. Section 8-13-1372 of the 1976 Code is amended to read: "Section 8-13-1372. (A) The State Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Ethics Commission may assess a technical violations penalty not to exceed fifty dollars. (B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action." Civil penalty SECTION 31. A. Section 8-13-1510 of the 1976 Code is amended to read: "Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows: (1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter; (2) after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed." B. The amendments to Section 8-13-1510 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1510 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Penalty SECTION 32. A. Section 8-13-1520 of the 1976 Code is amended to read: "Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. (B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both. (C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." B. The amendments to Section 8-13-1520 of the 1976 Code as contained in this SECTION take effect November 8, 2000, and expire on November 5, 2002. At that time, Section 8-13-1520 of the 1976 Code shall be reinstated as it existed before the amendment thereto as contained in this SECTION. Advisory Campaign Reform Study Commission created SECTION 33. (A) An Advisory Campaign Reform Study Commission is hereby created and is charged with the drafting of a report, including proposals for statutory enactment, amendment, or repeal: (1) which, if adopted, would place the State on the cutting edge of electoral process reform. The commission is encouraged to consider and propose recommendations that might test constitutional limits on a State's regulation of direct and indirect advocacy for or against any candidate or ballot measure; (2) which, if adopted, would reestablish the public's confidence that each vote matters and is not made inconsequential by the infusion of campaign spending not subject to reasonable limits, restrictions, and reporting requirements; (3) which, if adopted, would, to the furthest extent constitutionally possible, prohibit, restrict, limit, or require the reporting of soft money expenditures, independent expenditures, or other expenditures, which when viewed by a "reasonable person" and in the totality of the circumstances, are little more than attempts to evade the current system of campaign practices regulation; (4) which, if adopted, would maintain the ability of any reviewing court to preserve portions of the act deemed constitutional while invalidating other provisions as unconstitutional; (5) which, if adopted, would not establish any advantage for any political party or candidate unless this advantage is coincident with the best method available to protect the public's interest in its electoral process; (6) which, if adopted, should be a commitment to an informed, empowered electorate; (7) which, if adopted, would ensure that "soft money," special interests, and campaign spending do not continue to erode the foundation of our election system; (8) which, if adopted, would neither allow the electoral process to be corrupted by the unlimited and unregulated expenditure of funds to influence elections or ballot measures by donors cloaked with anonymity, yet closely affiliated with the election or defeat of a candidate or the approval or disapproval of a ballot measure, nor allow such expenditures to flood the airwaves, billboards, and newspapers with de facto direct candidate or ballot measure advocacy erodes the rule of law and has elevated evasion of campaign finance laws to a high art; (9) which, if adopted, would keep elected campaigns for statewide and state legislative offices from becoming too expensive so that South Carolinians are financially unable to seek election to public office and candidates for statewide offices are not required to spend inordinate amounts of time raising campaign funds; (10) which, if adopted, would allow for the identification of persons who publish political advertisements so as to assist in enforcement of the contribution and expenditure limitations established by this act; (11) which, if adopted would require any officer, director, or employee of an entity which ranks or rates the actions, vote, or failure to act or vote of any public office or public member to file statements of economic interest, as defined by Chapter 13 of Title 8 of the South Carolina Code of Laws, 1976. These requirements should not apply to any officer, director, or employee of any entity whose primary business is the publication of a newspaper or other periodical or the production of any electronic media programming. (B) The commission is specifically charged with the duty to propose: (1) recommendations that would, to the furthest extent perceived to be constitutionally permissible, prohibit, restrict, limit, or require the reporting of soft money and independent expenditures from any source to any candidate or in support or opposition to any ballot measure when the source of the money would appear to be affiliated with any candidate or ballot measure; (2) recommendations that would, to the furthest extent perceived to be constitutionally permissible, restrict the flow of campaign expenditures to those made directly by the candidate or ballot measure committee; (3) recommendations that would increase limits for contributions made directly to a candidate or ballot measure committee commensurate with the commission's restriction of expenditures to be made only by these committees; (4) recommendations that would establish effective enforceable penalties for violations of the commission's proposals; and (5) recommendations that would require the Ethics Commission to post campaign finance reports on the Internet. (C) The study commission shall be composed of fifteen members to include: (1) the Chairman of the House Judiciary Committee, or his designee, who must be a member of the House Judiciary Committee; (2) the Chairman of the Senate Judiciary Committee, or his designee, who must be a member of the Senate Judiciary Committee; (3) four members of the general public to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (4) a member of an organization, with a statewide perspective, committed to the development of business manufacturing and industrial development to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (5) a member of an organization of women having a primary purpose of improving the state's election process on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (6) a member of an organization having the primary purposes of improving the state's election process and increasing voter turnout on a nonpartisan basis to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (7) a member or retired member of the judiciary to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (8) a current or former member of the faculty of the University of South Carolina School of Law who specializes in constitutional law to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (9) a member of the Ethics Commission to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; (10) two former members of the General Assembly, to be jointly appointed by the Chairmen of the House and Senate Judiciary committees; and (11) a member of a public advocacy group to be jointly appointed by the Chairmen of the House and Senate Judiciary committees. (D) No member of the commission shall be a registered lobbyist or have been a registered lobbyist within the past year. (E) The commission must submit its report to the General Assembly no later than March 15, 2001 at which time the commission is dissolved. (F) The commission must be staffed by personnel as provided and assigned by the Chairman of the House Judiciary Committee from the House staff and by the Chairman of the Senate Judiciary Committee from the Senate staff. (G) The commission shall employ a reporter to the commission. (H) The chairperson shall be jointly appointed by the Chairmen of the House and Senate Judiciary committees and shall be chosen from the members of the commission. Severability clause SECTION 34. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective. Time effective SECTION 35. Except as otherwise stated herein, this act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000. __________________________________________ President of the Senate ___________________________________________ Speaker of the House of Representatives Approved the ____________ day of _____________________2000. ___________________________________________ Governor
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