H 3194 Session 121 (2015-2016)
H 3194 General Bill, By Cole, Finlay, Newton, Pope, Anderson, Bales, G.A. Brown,
R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Norman, Norrell,
Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long,
Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, M.S. McLeod, Weeks,
W.J. McLeod, Whipper and Hicks
A BILL TO AMEND SECTIONS 8-13-100 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITIONS OF "CANDIDATE" FOR
PURPOSES OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO
AS TO SPECIFY THAT A "CANDIDATE" IS ALSO A PERSON THAT MAINTAINS AN OPEN BANK
ACCOUNT CONTAINING CONTRIBUTIONS; AND TO AMEND SECTION 8-13-1302, AS AMENDED,
RELATING TO THE MAINTENANCE OF RECORDS OF CONTRIBUTIONS, SO AS TO AUTHORIZE
THE APPROPRIATE SUPERVISORY OFFICE TO REQUEST IN WRITING THE DISCLOSURE OF
CERTAIN MANDATORY RECORDS FOR THE PURPOSE OF VERIFYING CAMPAIGN DISCLOSURE
FORMS.
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 143)
01/13/15 House Referred to Committee on Judiciary
(House Journal-page 143)
02/04/15 House Member(s) request name added as sponsor: Weeks,
W.J.McLeod, Whipper
02/04/15 House Committee report: Favorable Judiciary
(House Journal-page 30)
02/05/15 House Member(s) request name added as sponsor: Hicks
02/05/15 Scrivener's error corrected
02/10/15 House Read second time (House Journal-page 33)
02/10/15 House Roll call Yeas-107 Nays-1 (House Journal-page 34)
02/11/15 House Read third time and sent to Senate
(House Journal-page 17)
02/11/15 Senate Introduced and read first time (Senate Journal-page 7)
02/11/15 Senate Referred to Committee on Judiciary
(Senate Journal-page 7)
H. 3194
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 4, 2015
H. 3194
Introduced by Reps. Cole, Finlay, Newton, Pope, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, M.S. McLeod, Weeks, W.J. McLeod and Whipper
S. Printed 2/4/15--H. [SEC 2/5/15 3:51 PM]
Read the first time January 13, 2015.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (H. 3194) to amend Sections 8-13-100 and 8-13-1300, both as amended, Code of Laws of South Carolina, 1976, both relating to the definitions of, etc., respectfully
REPORT:
That they have duly and carefully considered the same and recommend that the same do pass:
F. GREGORY DELLENEY, JR. for Committee.
A BILL
TO AMEND SECTIONS 8-13-100 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITIONS OF "CANDIDATE" FOR PURPOSES OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO SPECIFY THAT A "CANDIDATE" IS ALSO A PERSON THAT MAINTAINS AN OPEN BANK ACCOUNT CONTAINING CONTRIBUTIONS; AND TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO THE MAINTENANCE OF RECORDS OF CONTRIBUTIONS, SO AS TO AUTHORIZE THE APPROPRIATE SUPERVISORY OFFICE TO REQUEST IN WRITING THE DISCLOSURE OF CERTAIN MANDATORY RECORDS FOR THE PURPOSE OF VERIFYING CAMPAIGN DISCLOSURE FORMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-100(5) of the 1976 Code, as last amended by Act 6 of 1995, is further 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, or maintains an open bank account containing contributions. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such the solicitation. 'Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 2. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(4) 'Candidate' means a person:
(a) 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;
(b) a person who is exploring whether or not to seek election at the state or local level; or
(c) a person on whose behalf write-in votes are solicited if the person has knowledge of such the solicitation; or
(d) who maintains an open bank account containing contributions. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 3. Section 8-13-1302 of the 1976 Code, as last amended by Act 76 of 2003 is further 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 amount of contributions accepted by the candidate, committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the amount and date of receipt of each contribution;
(3) the total amount 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;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation of each person making a contribution.
(B) The candidate, committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years.
(C) An appropriate supervisory office may request in writing, disclosure of any records required to be maintained by this section, subject to the limitations of Section 8-13-320(9)(d). This request must be for purposes of verifying campaign disclosure forms filed pursuant to Section 8-13-1308. A candidate, committee, or ballot measure committee must comply with a written request from an appropriate supervisory office within thirty days."
SECTION 4. This act takes effect upon approval by the Governor.
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