H*3402(Rat #0330, Act #0344 of 2006)  General Bill, By M.A. Pitts, Taylor, 
Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, 
E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, 
Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and 
Sinclair

Similar(S 391)
 AN ACT TO AMEND SECTION 2-17-10 AND SECTION 8-13-1300, AS AMENDED, CODE OF
 LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS
 RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND
 LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS
 COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A
 SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN
 FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL
 INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH
 REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH
 REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110,
 RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT
 FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING
 ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL. - ratified title

   01/27/05  House  Introduced and read first time HJ-2
   01/27/05  House  Referred to Committee on Judiciary HJ-2
   03/10/05  House  Member(s) request name added as sponsor: Chellis,
                     Stewart, Mahaffey, Barfield, Huggins, Loftis,
                     White, Clemmons
   03/14/05  House  Recalled from Committee on Judiciary HJ-20
   03/14/05  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-20
   03/30/05  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-31
   03/31/05  House  Member(s) request name added as sponsor: Walker,
                     Littlejohn, Sinclair
   04/05/05  House  Amended HJ-28
   04/05/05  House  Requests for debate-Rep(s). Cotty, JE Smith,
                     Scott, McLeod, Breeland, Kennedy, Leach, JE
                     Brown, Owens, Vaughn, Loftis, Duncan, GR Smith
                     and Witherspoon HJ-29
   04/06/05  House  Read second time HJ-30
   04/06/05  House  Roll call Yeas-82  Nays-17 HJ-32
   04/07/05  House  Read third time and sent to Senate HJ-24
   04/07/05  Senate Introduced and read first time
   04/07/05  Senate Referred to Committee on Judiciary
   04/15/05  Senate Referred to Subcommittee: Moore (ch), Ford,
                     Mescher, Rankin, Scott
   05/25/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-27
   05/26/05         Scrivener's error corrected
   05/26/05  Senate Amended SJ-327
   05/26/05  Senate Read second time SJ-327
   05/27/05         Scrivener's error corrected
   05/31/05  Senate Read third time and returned to House with
                     amendments SJ-27
   06/01/05  House  Senate amendment amended HJ-79
   06/01/05  House  Returned to Senate with amendments HJ-80
   06/02/05  Senate Recommitted to Committee on Judiciary SJ-105
   04/13/06  Senate Recalled from Committee on Judiciary SJ-15
   04/13/06  Senate Non-concurrence in House amendment SJ-15
   04/20/06  House  House insists upon amendment and conference
                     committee appointed Reps. MA Pitts, Witherspoon,
                     and Agnew HJ-1
   04/20/06  Senate Conference committee appointed Moore, Hayes, and
                     Verdin SJ-11
   05/08/06  Senate Free conference powers granted SJ-48
   05/08/06  Senate Free conference report adopted SJ-48
   05/11/06  House  Free conference powers granted HJ-7
   05/11/06  House  Free conference committee appointed Reps. MA
                     Pitts, Witherspoon, and Agnew HJ-9
   05/11/06  House  Free conference report received and adopted HJ-9
   05/16/06  Senate Ordered enrolled for ratification SJ-21
   05/23/06         Ratified R 330
   05/29/06         Vetoed by Governor
   05/30/06  House  Veto overridden by originating body Yeas-105 
                     Nays-3 HJ-15
   05/31/06  Senate Veto overridden Yeas-30  Nays-6
   06/16/06         Copies available
   06/16/06         Effective date 05/31/06
   06/23/06         Act No. 344

(A344, R330, H3402)

AN ACT TO AMEND SECTION 2-17-10 AND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL.

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

Definition revised

SECTION    1.    Section 2-17-10(11) of the 1976 Code is amended to read:

"(11)    'Legislative caucus' means:

(a)    a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender;

(b)    a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for racial, ethnic, or gender-based affinity;

(c)    'legislative caucus' does not include a legislative special interest caucus as defined in Section 2-17-10(21)."

Definition added

SECTION    2.    Section 2-17-10 of the 1976 Code is amended by adding the following numbered subsection at the end to read:

"(21)    'Legislative special interest caucus' means two or more legislators who seek to be affiliated based upon a special interest. Under no circumstances may a legislative special interest caucus engage in any activity that would influence the outcome of an election or ballot measure. Each legislative special interest caucus must register with the Clerk's Office of the Senate or House of Representatives in a manner mandated by the Clerk's Office. However, each legislative special interest caucus must provide, and the Clerk's Office must maintain a record of:

(a)    the name and purpose of the caucus;

(b)    the names of all caucus members; and

(c)    the date of creation, and dissolution, if applicable.

The Clerk's Office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports."

Definition of "appropriate supervisory office" revised

SECTION    3.    Section 8-13-1300(1)(d) of the 1976 Code, as added by Act 248 of 1991, is further amended to read:

"(d)    the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses."

Definition revised

SECTION    4.    Section 8-13-1300(21) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:

"(21)    'Legislative caucus committee' means:

(a)    a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political, racial, ethnic, or gender-based affinity;

(b)    a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;

(c)    'legislative caucus committee' does not include a 'legislative special interest caucus' as defined in Section 2-17-10(21)."

Restrictions on legislative special interest caucuses

SECTION    5.    Section 8-13-1333 of the 1976 Code, as added by Act 76 of 2003, is amended by adding the following lettered subsection at the end to read:

"(C)(1)        A legislative special interest caucus must not solicit contributions as defined in Section 8-13-100(9), however, it may solicit funds from the general public for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences. Legislative special interest caucus members may attend a regional or national conference only if the conference is exclusively comprised of legislative special interest caucus counterparts and convenes for the purpose of interacting and exchanging ideas among caucus members and the conference is sponsored by a national organization with which the legislative special interest caucus is affiliated. Attendance at any conference is prohibited if the conference is sponsored by any lobbying group or extends an invitation to persons other than legislators. Under no circumstances may a legislative special interest caucus accept funds from a lobbyist. Each special interest caucus must submit a financial statement to the appropriate supervisory office by January first and July first of each year showing the total amount of funds received and total amount of funds paid out. It must also maintain the following records, for not less than four years, which must be available to the appropriate supervisory office for inspection:

(a)    the total amount of funds received by the legislative special interest caucus;

(b)    the name and address of each person or entity making a donation and the amount and date of receipt of each donation;

(c)    all receipted bills, canceled checks, or other proof of payment for any expenses paid by the legislative special interest caucus.

(2)    A legislative special interest caucus may not accept a gift, loan, or anything of value, except for funds permitted in subsection (C)(1) above."

Additional acts prohibited by lobbyists and lobbyist principals

SECTION    6.    Section 2-17-110 of the 1976 Code is amended by adding the following lettered subsection at the end to read:

"(J)    A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21)."

Time effective

SECTION    7.    This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2006.

Vetoed by the Governor -- 5/29/06.

Veto overridden by House -- 5/30/06.

Veto overridden by Senate -- 5/31/06.