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h.3188 found 4 times.    Next
H 3188
Session 121 (2015-2016) 

H 3188Next General Bill, By Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, 
Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, 
Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, 
Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, Weeks, W.J. McLeod, 
J.E. Smith, Whipper and Erickson
 A BILL TO AMEND SECTION 8-13-1314, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO
 PROHIBIT CONTRIBUTIONS FROM CERTAIN NONCANDIDATE COMMITTEES; AND TO AMEND
 SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY
 ONE CANDIDATE TO ANOTHER AND COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR
 CONTROLLED BY A CANDIDATE, SO AS TO DELETE THE CONTRIBUTION RESTRICTION
 EXCEPTION FOR CERTAIN TYPES OF COMMITTEES.

   12/18/14  House  Prefiled
   12/18/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 140)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 140)
   01/21/15  House  Committee report: Favorable Judiciary
                     (House Journal-page 5)
   01/22/15  House  Member(s) request name added as sponsor: Weeks
   01/22/15         Scrivener's error corrected
   01/27/15  House  Member(s) request name added as sponsor:
                     W.J.McLeod, J.E.Smith, Whipper, Erickson
   01/27/15  House  Requests for debate-Rep(s). JE Smith, Rutherford,
                     Hart, McEachern, Mack, Gilliard, Hill, Neal,
                     Crosby, Taylor, Atwater, Wells, Corley, Hosey,
                     Anderson, Douglas, Ridgeway, RL Brown,
                     Jefferson, Toole, Norman (House Journal-page 37)
   01/27/15  House  Read second time (House Journal-page 40)
   01/27/15  House  Roll call Yeas-115  Nays-1 (House Journal-page 40)
   01/28/15  House  Read third time and sent to Senate
                     (House Journal-page 24)
   01/28/15  Senate Introduced and read first time (Senate Journal-page 25)
   01/28/15  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 25)
   05/13/15  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 12)
   05/14/15         Scrivener's error corrected





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Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 13, 2015

PreviousH. 3188Next

Introduced by Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, Weeks, W.J. McLeod, J.E. Smith, Whipper, Erickson and Bernstein

S. Printed 5/13/15--S.    [SEC 5/14/15 12:58 PM]

Read the first time January 28, 2015.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (PreviousH. 3188) to amend Section 8-13-1314, as amended, Code of Laws of South Carolina, 1976, relating to campaign contribution limits and restrictions, so as to prohibit, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/        SECTION    1.    Section 8-13-1314 of the 1976 Code, is amended to read:

"Section 8-13-1314.    (A)    Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:

(1)    a contribution which exceeds:

(a)    three four thousand five hundred dollars in the case of a candidate for statewide office; or

(b)    four thousand five hundred dollars in the aggregate for statewide candidates that must be elected jointly beginning with the General Election of 2018; or

(c)    one two thousand dollars in the case of a candidate for any other office;

(2)    a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3)    a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4)    contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B)    The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."

SECTION    2.    Section 8-13-1340 of the 1976 Code is amended to read:

"Section 8-13-1340.    (A)    Except as provided in subsections (B) and (E), a candidate or public official shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official. For purposes of this section only, candidate includes candidates within the meaning of 431(2) of the federal Election Campaign Act.

(B)    This section does not prohibit a candidate from:

(1)    making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or

(2)    providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.

(C)    Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A).

(D)    A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:

(1)    the candidate or public official, or an agent of either, has signature authority on the committee's checks;

(2)    funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;

(3)    the candidate or public official is clearly identified on either the stationery or letterhead of the committee;

(4)    the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;

(5)    the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or

(6)    the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year.

(E)    The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee.

(F)    No committee operating under the provisions of Section 8-13-1340(E) may:

(1)    solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; or

(2)    transfer anything of value to any other committee except as a contribution under the limitations of Section 8-13-1314(A) or the dissolution provisions of Section 8-13-1370."

SECTION    3.    This act takes effect upon approval by the Governor. A committee prohibited pursuant to SECTION 2 that is in existence on the effective date of this act must distribute all unexpended funds in the manner provided for in Section 8-13-1370(C).            /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

A BILL

TO AMEND SECTION 8-13-1314, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT CONTRIBUTIONS FROM CERTAIN NONCANDIDATE COMMITTEES; AND TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER AND COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE, SO AS TO DELETE THE CONTRIBUTION RESTRICTION EXCEPTION FOR CERTAIN TYPES OF COMMITTEES.

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

SECTION    1.    Section 8-13-1314 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"Section 8-13-1314.    (A)    Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf:

(1)    a contribution which exceeds:

(a)    three thousand five hundred dollars in the case of a candidate for statewide office; or

(b)    one thousand dollars in the case of a candidate for any other office;

(2)    a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3)    a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4)    contributions for two elective offices simultaneously, except as provided in Section 8-13-1318;

(5)    contributions from a noncandidate committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official or any other entity maintained by or affiliated with a candidate or public official. This provision does not apply to legislative caucus committees or political parties nor does this provision prohibit a candidate or public official from making a contribution of their personal funds to a candidate for another office.

(B)    The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."

SECTION    2.    Section 8-13-1340 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"Section 8-13-1340.    (A)    Except as provided in subsections subsection (B) and (E), a candidate or public official shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official.

(B)    This section does not prohibit a candidate from:

(1)    making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or

(2)    providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.

(C)    Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A).

(D)    A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:

(1)    the candidate or public official, or an agent of either, has signature authority on the committee's checks;

(2)    funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;

(3)    the candidate or public official is clearly identified on either the stationery or letterhead of the committee;

(4)    the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;

(5)    the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or

(6)    the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year.

(E)    The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee.

(F)    No committee operating under the provisions of Section 8-13-1340(E) may:

(1)    solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; or

(2)    transfer anything of value to any other committee except as a contribution under the limitations of Section 8-13-1314(A) or the dissolution provisions of Section 8-13-1370."

SECTION    3.    This act takes effect upon approval by the Governor.

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