H*3743 Session 109 (1991-1992)
H*3743(Rat #0257, Act #0248 of 1991) General Bill, By House Judiciary
A Bill to enact "The Ethics, Government Accountability, and Campaign Reform
Act of 1991" so as to amend Chapter 17, Title 2, Code of Laws of South
Carolina, 1976, relating to lobbyists and lobbying, so as to further provide
for the regulation of lobbyists and lobbying and to provide penalties for
certain violations; to amend Chapter 13, Title 8, relating to ethics, conduct,
campaign practices, and disclosures, so as to further provide for the
regulation of ethics, conduct, forms and reports by candidates for election by
the General Assembly, disclosures of economic interests, campaign practices,
and penalties for certain violations; to add certain felony offenses to the
list of crimes classified as felonies in Section 16-1-10; to repeal Section
8-5-10, relating to nepotism; and to delete the legislative members from state
boards and commissions.-amended title
03/28/91 House Introduced, read first time, placed on calendar
without reference HJ-10
04/02/91 House Special order, set for 2:00 p.m. Tuesday, April
2, 1991 (Under H 3756) HJ-9
04/02/91 House Amended HJ-10
04/03/91 House Amended HJ-16
04/03/91 House Read second time HJ-85
04/04/91 House Read third time and sent to Senate HJ-100
04/04/91 Senate Introduced and read first time SJ-9
04/04/91 Senate Referred to Committee on Judiciary SJ-10
04/10/91 Senate Committee report: Favorable with amendment
Judiciary SJ-19
04/10/91 Senate Amended SJ-20
04/10/91 Senate Read second time SJ-111
04/10/91 Senate Ordered to third reading with notice of
amendments SJ-111
04/23/91 Senate Special order, set for 11:30 Wednesday, April 24 SJ-232
04/24/91 Senate Amended SJ-30
04/24/91 Senate Read third time and returned to House with
amendments SJ-46
04/25/91 House Senate amendment amended HJ-11
04/25/91 House Returned to Senate with amendments HJ-50
04/25/91 Senate Non-concurrence in House amendment SJ-10
04/30/91 House House insists upon amendment and conference
committee appointed Reps. Wilkins, Hayes & Waites HJ-4
04/30/91 Senate Conference committee appointed Sens. Moore,
Stillwell, Washington SJ-15
09/23/91 House Free conference powers granted HJ-65
09/23/91 House Free conference committee appointed Wilkins,
Hayes & Waites HJ-65
09/23/91 Senate Free conference powers granted SJ-35
09/23/91 Senate Free conference committee appointed Moore,
Stillwell & Washington SJ-38
09/23/91 House Free conference report received and adopted HJ-65
09/23/91 Senate Free conference report received and adopted SJ-125
09/23/91 Senate Ordered enrolled for ratification SJ-125
09/23/91 Ratified R 257
10/01/91 Signed By Governor
10/01/91 Act No. 248
11/19/91 See act for exception to or explanation of
effective date
11/01/91 Copies available
(A248, R257, H3743)
AN ACT TO ENACT "THE ETHICS,
GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN
REFORM ACT OF 1991" SO AS TO AMEND CHAPTER
17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO LOBBYISTS AND LOBBYING, SO AS TO
FURTHER PROVIDE FOR THE REGULATION OF
LOBBYISTS AND LOBBYING AND TO PROVIDE
PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND
CHAPTER 13, TITLE 8, RELATING TO ETHICS, CONDUCT,
CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO
FURTHER PROVIDE FOR THE REGULATION OF ETHICS,
CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR
ELECTION BY THE GENERAL ASSEMBLY, DISCLOSURES
OF ECONOMIC INTERESTS, CAMPAIGN PRACTICES, AND
PENALTIES FOR CERTAIN VIOLATIONS; TO ADD
CERTAIN FELONY OFFENSES TO THE LIST OF CRIMES
CLASSIFIED AS FELONIES IN SECTION 16-1-10; TO
REPEAL SECTION 8-5-10, RELATING TO NEPOTISM; AND
TO DELETE THE LEGISLATIVE MEMBERS FROM STATE
BOARDS AND COMMISSIONS.
Whereas, the General Assembly declares that the operation of
responsible democratic government requires that the fullest
opportunity be afforded the people to petition their government
for the redress of grievances and to express freely to any public
official or public employee their opinions on legislation or agency
proposal, drafting, development, consideration, amendment,
withdrawal, or promulgation of a regulation; and
Whereas, the trust of the public is essential for government to
function effectively. Public policy developed by elected officials
affects every citizen of the State, and it must be based on honest
and fair deliberations and decisions. This process must be free
from all threats, favoritism, undue influence, and all forms of
impropriety so that the confidence of the public is not eroded;
and
Whereas, the General Assembly declares that to preserve and
maintain the integrity of the governmental policy-making process
in South Carolina it is necessary that the identity, expenditures,
and lobbying of certain persons who engage in efforts to influence
any public official or public employee on legislation or agency
proposal, drafting, development, consideration, amendment,
withdrawal, or promulgation of a regulation, by direct
communication to any such official or employee, be publicly and
regularly disclosed; and
Whereas, one of the most important functions of any law aimed at
making public servants more accountable is that of complete and
effective disclosure. Since many public officials serve on a
part-time basis, it is inevitable that conflicts of interest and
appearances of impropriety will occur. Often these conflicts are
unintentional and slight, but at every turn those who represent the
people of this State must be certain that it is the interests of the
people, and not their own, that are being served. Officials should
be prepared to remove themselves immediately from a decision,
vote, or process that even appears to be a conflict of interest;
and
Whereas, the General Assembly finds and declares that full
disclosure of campaign contributions and expenditures also is
needed to maintain the integrity of the political and governmental
processes and to ensure that all individuals have a fair and equal
opportunity to participate in the political and governmental
processes regardless of any contribution they may have or have
not given to an elected official; and
Whereas, this act is intended to ensure that serious candidates are
able to raise enough money to communicate their views and
positions adequately to the public, thereby promoting public
discussion of the important issues involved in political campaigns
but that such fundraising shall not consume such time to the
candidate or elected official that they would otherwise be unable
to conduct the public's business or engage in the public discussion
of the important issues involved in a political campaign; and
Whereas, the General Assembly finds and declares that the rapidly
increasing costs of political campaigns have forced many
candidates to raise larger percentages of money from interest
groups with specific financial stakes in matters before the state
government, thereby fostering the public perception that votes are
being improperly influenced by contributions. This perception is
undermining the credibility and integrity of the political and
governmental processes; and
Whereas, this act is intended to reduce the influence of large
contributors with specific financial stakes in matters before
government, thus countering the perception that decisions are
influenced more by the size of contributions than by the best
interests of the people; and
Whereas, this act is intended to improve the disclosure of
contribution sources in reasonable and effective ways; and
Whereas, this act is intended to help restore public trust in the
governmental institutions and the political and governmental
processes. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Act cited
SECTION 1. This act may be cited as the "Ethics,
Government Accountability, and Campaign Reform Act of
1991".
Lobbyists and lobbying
SECTION 2. Chapter 17, Title 2 of the 1976 Code is amended
to read:
"CHAPTER 17
Lobbyists and Lobbying
Section 2-17-5. On July 1, 1993, the duties and powers given
to the Secretary of State in this chapter must be transferred to the
State Ethics Commission. When this transfer takes place, the
Code Commissioner is directed to change all references in this
chapter from the Secretary of State to the State Ethics
Commission.
Section 2-17-10. As used in this chapter, unless the context
clearly indicates otherwise:
(1) (a) `Anything of value' or `thing of value' means:
(i) a pecuniary item, including money, a bank
bill, or a bank note;
(ii) a promissory note, bill of exchange, an order,
a draft, warrant, check, or bond given for the payment of
money;
(iii) a contract, agreement, promise, or other
obligation for an advance, a conveyance, forgiveness of
indebtedness, deposit, distribution, loan, payment, gift, pledge, or
transfer of money;
(iv) a stock, bond, note, or other investment
interest in an entity;
(v) a receipt given for the payment of money or
other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in
a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal
transportation;
(xi) real property or an interest in real property,
including title to realty, a fee simple or partial interest in realty
including present, future, contingent, or vested interests in realty,
a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for
services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or
compensatory worth to a person.
(b) `Anything of value' or `thing of value' does not
mean:
(i) printed informational or promotional
material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten
dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value
that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value
directly related to the public official's, public member's, or public
employee's official responsibilities;
(v) an honorary degree bestowed upon a public
official, public member, or public employee from a public or
private university or college;
(vi) promotional or marketing items offered to
the general public on the same terms and conditions without
regard to status as a public official or public employee; or
(vii) a campaign contribution properly received
and reported under the provisions of Chapter 13 of Title 8.
(2) `Covered agency actions' means the proposal, drafting,
development, consideration, amendment, withdrawal, or
promulgation of a regulation under Article 1, Chapter 23 of Title 1
of the 1976 Code.
(3) `Covered gubernatorial actions' means:
(a) gubernatorial approval or veto of legislation;
(b) gubernatorial consideration or issuance of any
executive order;
(c) gubernatorial consideration or making of any
appointment; or
(d) gubernatorial consideration of or the decision to
award any grant derived from federal or other funds or from any
source.
(4) (a) `Economic interest' means an interest distinct from
that of the general public in a purchase, sale, lease, contract,
option, or other transaction or arrangement involving property or
services in which a public official or public employee may gain an
economic benefit of fifty dollars or more.
(b) This definition does not prohibit a public official or
public employee from participating in, voting on, or influencing
or attempting to influence an official decision if the only
economic interest or reasonably foreseeable benefit that may
accrue to the public official or public employee is incidental to the
public official's or public employee's position or which accrues to
the public official or public employee as a member of a
profession, occupation, or large class to no greater extent than the
economic interest or potential benefit could reasonably be
foreseen to accrue to all other members of the profession,
occupation, or large class.
(5) `Expenditure' means a purchase, payment, loan,
forgiveness of a loan, an advance, in-kind contribution or
expenditure, a deposit, transfer of funds, gift of money or
anything of value for any purpose, and a payment to a lobbyist for
compensation, for expenses, or lobbying, including the direct
payment of expenses incurred at the request or suggestion of a
lobbyist.
(6) `Family member' means an individual who is:
(a) the spouse, parent, brother, sister, child,
mother-in-law, father-in-law, son -in-law, daughter-in-law,
grandparent, or grandchild; or
(b) a member of the individual's immediate family.
(7) `Immediate family' means:
(a) a child residing in a public official's or public
employee's household;
(b) a spouse of a public official or public employee;
or
(c) an individual claimed by the public official or public
employee or the public official's or public employee's spouse as a
dependent for income tax purposes.
(8) `Individual' means one human being.
(9) `Income' means the receipt or promise of any
consideration, whether or not legally enforceable, including
attorney's fees attributable to lobbying.
(10) `Legislation' means:
(a) bills, resolutions, amendments, reports, legislative
acts, vetoes, nominations, rules, and regulations pending or
proposed in either the House or Senate;
(b) any other matter which may be the subject of action
by either house; or
(c) the appointment of committees of conference and free
conference by the Speaker of the House of Representatives or the
President of the Senate.
(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 each
racial-, ethnic-, or gender-based affinity.
(12) `Lobbying' means promoting or opposing through
direct communication with public officials or public
employees:
(a) the introduction or enactment of legislation before the
General Assembly or the committees or members of the General
Assembly;
(b) covered gubernatorial actions;
(c) covered agency actions; or
(d) consideration of the election or appointment of an
individual to a public office elected or appointed by the General
Assembly.
`Lobbying' does not include the activities of a member of the
General Assembly, a member of the staff of a member of the
Senate or House of Representatives, the Governor, the Lieutenant
Governor, or a member of the executive staff of the Governor or
Lieutenant Governor acting in his capacity as a public official or
public employee with regard to his public duties.
(13) `Lobbyist' means any person who is employed,
appointed, or retained, with or without compensation, by another
person to influence by direct communication with public officials
or public employees: (i) the action or vote of any member of the
General Assembly, the Governor, the Lieutenant Governor, or any
other statewide constitutional officer concerning any legislation;
(ii) the vote of any public official on any state agency, board, or
commission concerning any covered agency actions; or (iii) the
action of the Governor or any member of his executive staff
concerning any covered gubernatorial actions. `Lobbyist' also
means any person who is employed, appointed, or retained, with
or without compensation, by a state agency, college, university, or
other institution of higher learning to influence by direct
communication with public officials or public employees: (i) the
action or vote of any member of the General Assembly, the
Governor, the Lieutenant Governor, or any other statewide
constitutional officer concerning any legislation; (ii) the vote of
any public official of any state agency, board, or commission
concerning any covered agency actions; or (iii) the action of the
Governor or any member of his executive staff concerning any
covered gubernatorial actions. `Lobbyist' does not include:
(a) an individual who receives no compensation to
engage in lobbying and who expresses a personal opinion on
legislation, covered gubernatorial actions, or covered agency
actions to any public official or public employee;
(b) a person who appears only before public sessions of
committees or subcommittees of the General Assembly, public
hearings of state agencies, public hearings before any public body
of a quasi-judicial nature, or proceedings of any court of this
State;
(c) any duly elected or appointed official or employee of
the State, the United States, a county, municipality, school
district, or a political subdivision thereof, or a member of the
judiciary when appearing solely on matters pertaining to his office
and public duties unless lobbying constitutes a regular and
substantial portion of such official's or employee's duties;
(d) a person performing professional services in drafting
legislation or in advising and rendering opinions to clients as to
the construction and effect of proposed or pending legislation;
(e) a person who owns, publishes, or is employed by a
radio station, television station, wire service, or other bona fide
news medium which in the ordinary course of business
disseminates news, editorials, columns, other comments, or other
regularly published periodicals if such person represents no other
person in lobbying for legislation, covered agency actions, or
covered gubernatorial actions. This exception applies to the
publication of any periodical which is published and distributed
by a membership organization to its subscribers at least twelve
times annually and for which an annual subscription charge of at
least one dollar fifty cents a subscriber is made;
(f) a person who represents any established church solely
for the purpose of protecting the rights of the membership of the
church or for the purpose of protecting the doctrines of the church
or on matters considered to have an adverse effect upon the moral
welfare of the membership of the church;
(g) a person who is running for office elected by the
General Assembly or a person soliciting votes on the behalf of a
person who is running for office elected by the General Assembly
unless such person is otherwise defined as a lobbyist by this
section; or
(h) an individual who receives no compensation to
engage in lobbying and who does not make expenditures or incur
obligations for lobbying in an aggregate amount in excess of five
hundred dollars in a calendar year.
(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.
(15) `Person' means an individual, a partnership,
committee, an association, a corporation, labor organization, or
any other organization or group of persons.
(16) `Public body' means the General Assembly, the
Executive Office of the Governor, any department of the State, or
any state board, commission, agency, or authority, including
committees of any such body, by whatever name known.
(17) `Public employee' means any person employed by the
State.
(18) `Public official' means any elected or appointed
official of the State, including candidates for any such state office.
However, `public official' does not mean a member of the
judiciary.
(19) `Voluntary membership organization' means an
organization composed of persons who are members thereof on a
voluntary basis and who, as a condition of membership, are
required to make regular payments to the organization.
Section 2-17-15. (A) The Governor, the Lieutenant Governor,
any other statewide constitutional officer, a member of the
General Assembly, and a member of the immediate family of any
of these public officials may not serve as a lobbyist during the
time the official holds office and for one year after such public
service ends.
(B) The provisions of this section apply to the Governor, the
Lieutenant Governor, or any other statewide constitutional officer
who is elected after December 31, 1993, or any member of the
General Assembly who is elected after December 31, 1991.
Section 2-17-20. (A) Any person who acts as a lobbyist shall,
within fifteen days of being employed, appointed, or retained as a
lobbyist, register with the Secretary of State as provided in this
section. Each person registering shall pay a fee of fifty dollars
and present to the Secretary of State a communication reflecting
the authority of the registrant to represent the person by whom he
is employed, appointed, or retained. If a partnership, committee,
association, corporation, labor organization, or any other
organization or group of persons registers as a lobbyist, then it
must identify each person who will act as a lobbyist on its behalf
during the covered period. There is no registration fee for a
lobbyist who is a full-time employee of a state agency and limits
his lobbying to efforts on behalf of that particular state
agency.
(B) The registration must be in a form prescribed by the
Secretary of State and be limited to and contain:
(1) the lobbyist's full name and address, telephone
number, occupation, name of employer, principal place of
business, and position held in that business by the lobbyist;
(2) an identification of 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
(3) certification by the lobbyist that the information
contained on the registration statement is true and correct.
(C) Each lobbyist who ceases to engage in lobbying requiring
him to register under this section must file a written statement
with the Secretary of State acknowledging the termination of
lobbying. The written statement of termination is effective
immediately. Each lobbyist who files a written statement of
termination under this section must file reports required by this
chapter for any reporting period during which he was registered
under this section.
(D) A lobbyist must file a supplemental registration statement
indicating any substantial change in the information contained in
the prior registration statement within fifteen days after the date of
the change.
(E) The Secretary of State annually must furnish to each
chairman of standing and special committees of the General
Assembly, each member of the General Assembly, and each
statewide constitutional officer a list of all lobbyists registered
with that office. The Secretary of State must furnish monthly
updates to the same persons. These lists must be available to state
agency heads upon request.
(F) Each lobbyist must maintain for not less than four years
records which must be available to the Secretary of State for
inspection and which must contain:
(1) the identification of each person from whom income
attributable to the lobbyist's lobbying is paid or promised and the
amount of such income attributable to the lobbyist's lobbying paid
or promised; and
(2) the total expenditures of the lobbyist for lobbying.
(G) A lobbyist must reregister annually with the Secretary of
State by January fifth of each year.
(H) The Secretary of State shall not allow a lobbyist to register
or reregister under this section until the lobbyist complies with the
reporting requirements under Section 2-17-30.
Section 2-17-25. (A) Any lobbyist's principal shall, within
fifteen days of employing, appointing, or retaining a lobbyist,
register with the Secretary of State as provided in this section.
Each person registering shall pay a fee of fifty dollars. If a
partnership, committee, an association, a corporation, labor
organization, or any other organization or group of persons
registers as a lobbyist's principal, then it must identify each person
who will act as a lobbyist on its behalf during the covered period.
If the State is a lobbyist's principal, the State is exempt from
paying a registration fee and filing a lobbyist's principal
registration statement.
(B) The registration must be in a form prescribed by the
Secretary of State and be limited to and include:
(1) the full name, address, and telephone number of the
lobbyist's principal. If the lobbyist's principal is an individual, the
lobbyist's principal also shall include his occupation, name of
employer, principal place of business, and position of authority
held in that business by the lobbyist's principal;
(2) an identification of each person the lobbyist's
principal expects to employ, appoint, or retain as a lobbyist;
(3) an identification of 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
(4) certification by the lobbyist's principal that the
information contained on the registration statement is true and
correct.
A lobbyist's principal may comply with the requirements of
items (1), (2), and (3) above by attaching a copy of the
information submitted by any lobbyist employed, retained, or
appointed by the lobbyist's principal if the information requested
from the lobbyist's principal is the same as the information
supplied by the lobbyist pursuant to Section 2-17-20.
(C) Each lobbyist's principal who ceases to authorize lobbying
requiring him to register under this section must file a written
statement with the Secretary of State acknowledging the
termination of lobbying. The written statement of termination is
effective immediately. Each lobbyist's principal who files a
written statement of termination under this section must file
reports required by this chapter for any reporting period during
which he was registered under this section.
(D) A lobbyist's principal must file a supplemental registration
statement indicating any substantial change in the information
contained in the prior registration statement within fifteen days
after the date of the change.
(E) The Secretary of State annually must furnish to each
chairman of standing and special committees of the General
Assembly, each member of the General Assembly, and each
statewide constitutional officer a list of every lobbyist's principal
registered with that office. The Secretary of State must furnish
monthly updates to the same persons. These lists must be
available to state agency heads upon request.
(F) Each lobbyist's principal must maintain for not less than
four years records which must be available to the Secretary of
State for inspection and which must contain:
(1) the identification of each person to whom income
attributable to lobbying is paid or promised and the amount of
such income attributable to lobbying paid or promised;
(2) the total expenditures of the lobbyist's principal for
lobbying; and
(3) in the case of a voluntary membership organization,
dues, fees, or other amounts payable to the organization during
any calendar year from a member need be recorded only if the
contribution to the organization is more than five hundred dollars
and more than twenty percent of the total contributions of the
organization during that calendar year.
(G) A lobbyist's principal must reregister annually with the
Secretary of State by January fifth of each year.
(H) The Secretary of State shall not allow a lobbyist's principal
to register or reregister under this section until the lobbyist's
principal complies with the reporting requirements under Section
2-17-35.
Section 2-17-30. (A) Each lobbyist, no later than April first
and October first of each year, must file a report with the
Secretary of State covering that lobbyist's lobbying during that
filing period. Each report must be in a form prescribed by the
Secretary of State and be limited to and contain:
(1) the full name, address, and telephone number of the
reporting lobbyist;
(2) an identification of each person on whose behalf the
reporting lobbyist engaged in lobbying during the covered
period;
(3) the official name, number, or description, designated
by the House or Senate or by an agency, of legislation, covered
agency actions, or covered gubernatorial actions for which the
reporting lobbyist engaged in lobbying during the covered
period;
(4) the identification of each person from whom income
attributable to the lobbyist's lobbying is paid or promised and the
amount of the income attributable to the lobbyist's lobbying paid
or promised;
(5) (a) a complete and itemized account of the totals of
all amounts expended by a lobbyist in the performance of his
lobbying during the covered period. The totals must be
segregated by the amounts expended for office expenses, rent,
utilities, supplies, and compensation of support personnel
attributable to lobbying covered under the provisions of this
chapter;
(b) any expenditure directly or indirectly related to
lobbying if expended while engaged in the general course of
lobbying and if reimbursed by the lobbyist's principal;
(6) the name of each member of the judiciary on whose
behalf a lobbyist initiated or made expenditures and a complete
and itemized account of the amount expended by the lobbyist for
each member of the judiciary;
(7) a statement detailing any direct business association
of a lobbyist with any current member of the General Assembly,
the Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees.
For the purposes of this item, direct business association does not
include:
(a) ownership interests held by a lobbyist or a
lobbyist's principal and a member of the General Assembly, the
Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees in
the same corporation or partnership unless the interest of each
exceeds five percent of the total shares outstanding or partnership
interests in such entity;
(b) an interest held by a member of the General
Assembly, the Governor, the Lieutenant Governor, any other
statewide constitutional officer, any public official of any state
agency who engaged in covered agency actions, or any of their
employees in a partnership or corporation represented by a
lobbyist or a lobbyist's principal if the interest is less than five
percent of the total shares outstanding or partnership interests in
such entity; or
(c) any commercial transaction between a lobbyist or
a lobbyist's principal and a member of the General Assembly, the
Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees in
which the fair market value of the goods transferred or services
rendered is paid.
(B) Where total amounts are required to be reported, totals
must be reported both for the period covered and for the entire
calendar year to date.
Section 2-17-35. (A) Except as otherwise provided by Section
2-17-90(E), each lobbyist's principal, no later than April first and
October first of each year, must file a report with the Secretary of
State covering that lobbyist's principal's expenditures attributable
to lobbying during that filing period. Each report must be in a
form prescribed by the Secretary of State and be limited to and
contain:
(1) the full name, address, and telephone number of the
reporting lobbyist's principal;
(2) an identification of each person who acted as a
lobbyist on behalf of the reporting lobbyist's principal during the
covered period;
(3) the official name, number, or description, designated
by the House or Senate or by an agency, of legislation, covered
agency actions, or covered gubernatorial actions for which its
lobbyist engaged in lobbying during the covered period;
(4) the identification of each person to whom income
attributable to the lobbyist's lobbying is paid or promised and the
amount of the income attributable to the lobbyist's lobbying paid
or promised;
(5) (a) a complete and itemized account of all amounts
expended by a lobbyist's principal for lobbying during the covered
period. The totals must be segregated by the amounts expended
for office expenses, rent, utilities, supplies, and compensation of
support personnel attributable to lobbying covered under the
provisions of this chapter;
(b) any expenditure directly or indirectly related to
lobbying if expended while a lobbyist's principal or his lobbyist is
engaged in the general course of lobbying;
(c) the name of each public official on whose behalf
a lobbyist's principal initiated or made expenditures pursuant to
Section 2-17-90 and a complete and itemized account of the
amount expended by the lobbyist's principal for each public
official;
(d) any reimbursements of or expenditures for actual
expenses as allowed in Section 2-17-100;
(6) the name of each member of the judiciary on whose
behalf a lobbyist's principal initiated or made expenditures and a
complete and itemized account of the amount expended by the
lobbyist's principal for each member of the judiciary;
(7) a statement detailing any direct business association
of a lobbyist's principal with any current member of the General
Assembly, the Governor, the Lieutenant Governor, any other
statewide constitutional officer, any public official of any state
agency who engaged in covered agency actions, or any of their
employees. For the purposes of this item, direct business
association does not include:
(a) ownership interests held by a lobbyist or a
lobbyist's principal and a member of the General Assembly, the
Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees in
the same corporation or partnership unless the interest of each
exceeds five percent of the total shares outstanding or partnership
interests in the entity;
(b) an interest held by a member of the General
Assembly, the Governor, the Lieutenant Governor, any other
statewide constitutional officer, any public official of any state
agency who engaged in covered agency actions, or any of their
employees in a partnership or corporation represented by a
lobbyist or a lobbyist's principal if the interest is less than five
percent of the total shares outstanding or partnership interests in
such entity; or
(c) any commercial transaction between a lobbyist or
lobbyist's principal and a member of the General Assembly, the
Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees in
which the fair market value of the goods transferred or services
rendered is paid;
(8) any contribution, as defined by Section 8-13-1300(7),
made by the lobbyist's principal to any candidate or public
official, including an itemization of:
(a) the name and address of the public official or
candidate to whom the contribution was made;
(b) the amount of the contribution;
(c) the date of the contribution;
(9) in the case of a voluntary membership organization,
dues, fees, or other amounts payable to the organization during
any calendar year from a member need be recorded only if the
contribution to the organization is more than five hundred dollars
and more than twenty percent of the total contributions of the
organization during that calendar year.
(B) A lobbyist's principal may comply with the requirements
of subsection (A) by attaching a copy of the information
submitted by any lobbyists employed, retained, or appointed by
the lobbyist's principal if the information requested from the
lobbyist's principal is the same as the information supplied by the
lobbyist pursuant to Section 2-17-30(A).
(C) Where total amounts are required to be reported, totals
must be reported both for the period covered and for the entire
calendar year to date.
(D) If the State is a lobbyist's principal, the State is exempt
from filing a report except as provided in Section 2-17-40(A).
Section 2-17-40. (A) Each state agency or department shall,
no later than April first and October first of each year, file a report
with the Secretary of State covering that agency's lobbying during
that filing period. Each report must be in a form prescribed by the
Secretary of State and be limited to and contain:
(1) an identification of each public official, public
employee, or other person who engaged in lobbying for that
agency during the covered period;
(2) legislation, covered agency actions, or covered
gubernatorial actions the persons identified in item (1) engaged in
lobbying during the covered period;
(3) the identification of each person to whom income
attributable to the lobbyist's lobbying is paid or promised and the
amount of the income attributable to the lobbyist's lobbying paid
or promised;
(4) (a) a complete and itemized account of all
expenditures made or incurred by those persons identified in item
(1) in the performance of their lobbying during the covered
period. The totals must be segregated by the amounts expended
for office expenses, rent, utilities, supplies, and compensation of
support personnel attributable to lobbying covered under the
provisions of this chapter;
(b) the name of each public official on whose behalf
the state agency or department initiated or made expenditures
pursuant to Section 2-17-90 and a complete and itemized account
of the amount expended by the state agency or department for
each public official;
(c) any reimbursements of or expenditures for actual
expenses as allowed in Section 2-17-100.
(B) Where total amounts are required to be reported, totals
must be reported for the entire calendar year to date. The reports
required by this section are not required from any agency whose
only lobbying is appearing before any committee of the General
Assembly at the request of that committee or at the request of any
member or members of that committee.
Section 2-17-45. An entity which ranks or rates the actions,
vote, or failure to act or vote of the Governor, the Lieutenant
Governor, or a member or committee of the General Assembly as
to any action, vote, or failure to act or vote by these public
officials and which disseminates its rankings or ratings to the
general public must no later than April first of each year file a
report with the Secretary of State. The provisions of this section
do not apply to an entity whose primary business is the
publication of a newspaper or other periodical or the production of
electronic media programming or to a private membership
organization which disseminates its rankings or ratings only to its
own membership. The entity shall file the report on a form
prescribed by the Secretary of State which must contain the full
name, address, and telephone number of:
(1) the entity;
(2) each officer and director of the entity;
(3) each member of the entity who is a member of the
General Assembly; and
(4) each member of the entity who is a lobbyist or a
lobbyist's principal.
Section 2-17-50. (A) The Secretary of State shall:
(1) require a person to submit information pursuant to the
requirements of this chapter;
(2) in addition to any other penalty in this chapter, require
any person who files a late statement or fails to file a required
statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within
ten days after the established deadline provided in this
chapter;
(b) after notice has been given by certified or
registered mail by the Secretary of State that a required statement
has not been filed, a fine of ten dollars a day for each additional
calendar day in which the required statement is not filed, not to
exceed a total fine of five hundred dollars.
(B) Filing of the required report and payment of the fine
within twenty days of notice by the Secretary of State that a
required statement has not been filed constitutes compliance with
this chapter.
(C) Payment of the fine without filing the required report does
not in any way excuse or exempt any person required to file from
the filing requirements of this chapter.
Section 2-17-60. The Secretary of State has the following
duties:
(1) to develop forms for the filing of notices of
registration, representation, complaints, and reports required by
this chapter and to furnish the forms to persons upon request;
(2) to issue identification cards to each lobbyist before the
lobbyist can engage in lobbying and prior to January tenth of each
succeeding year;
(3) to develop a filing, coding, and cross-indexing system
consonant with the purpose of this chapter;
(4) to make the notices of registration and the reports
filed with the Secretary of State available for public inspection
and copying as soon as practicable after receipt of them and to
permit copying of any report or statement by hand or by
duplicating machine, as requested by any person, at the expense of
the person;
(5) to preserve the originals or copies of notices and
reports for a period of four years from date of receipt;
(6) to have information, compiled and summarized, made
available for public inspection and copying within thirty days
after the close of each filing period.
Section 2-17-65. (A) The Secretary of State shall conduct
periodic reviews of reports filed with the Secretary of State so as
to ascertain whether any lobbyist or lobbyist's principal has failed
to comply fully and accurately with the disclosure requirements of
this chapter and promptly notify the person to file notices and
reports as are necessary to satisfy the requirements of this chapter
or regulations prescribed by the Secretary of State under this
chapter.
(B) The Secretary of State, upon a failure by any lobbyist or
lobbyist's principal to comply fully and accurately with the
disclosure requirements of this chapter, may conduct audits of the
records of the lobbyist or the lobbyist's principal to verify the
accuracy of the information provided by the lobbyist or the
lobbyist's principal according to the requirements of this chapter.
However, the Secretary of State shall limit his audit of those
records of a lobbyist or a lobbyist's principal to matters within the
scope of lobbying.
(C) If, after notification by the Secretary of State that a
required statement has not been filed, the person fails to file the
necessary notices and reports, the Secretary of State shall, upon a
finding of probable cause, notify the Attorney General who shall
proceed under the provisions of Section 2-17-70.
Section 2-17-70. (A) The Attorney General shall make
preliminary investigations, with the assistance of the State Law
Enforcement Division, of complaints by any person of alleged
failures to file any statement or reports required by this chapter or
other violation of any part of this chapter. However, upon receipt
of a complaint by any person, the Attorney General shall transmit
promptly to the lobbyist or the lobbyist's principal of which a
complaint is made a copy of the complaint, and the lobbyist or
lobbyist's principal must be given an opportunity to respond
before any further investigation.
(B) If, after preliminary investigation, the Attorney General
finds that probable cause exists to support an alleged violation, he
shall, as appropriate:
(1) render an advisory opinion to the lobbyist or lobbyist's
principal complained of and require his compliance with the
opinion in a reasonable time period;
(2) issue subpoenas, upon order of a court of competent
jurisdiction, or submit interrogatories to the lobbyist or lobbyist's
principal complained of for the purpose of further investigating
violations of this chapter;
(3) prosecute a person who knowingly or wilfully violates
any provision of this chapter.
(C) All Attorney General preliminary investigations and
records relating to the preliminary investigations are confidential.
The confidentiality of the existence of a complaint may be waived
upon written authorization of the lobbyist or lobbyist's principal.
If further investigation is conducted by the Attorney General
under subsection (B)(2), the lobbyist or lobbyist's principal must
be afforded appropriate due process protections, including the
right to be represented by counsel.
(D) All actions taken by the Secretary of State or the Attorney
General on complaints, except on alleged violations which are
found to be groundless, are a matter of public record upon final
disposition.
Section 2-17-80. (A) A lobbyist or a person acting on behalf
of a lobbyist shall not offer, solicit, facilitate, or provide to or on
behalf of any member of the General Assembly, the Governor, the
Lieutenant Governor, any other statewide constitutional officer,
any public official of any state agency who engaged in covered
agency actions, or any of their employees any of the
following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of
value;
(5) contributions, as defined in Section 8-13-1300(7).
(B) A member of the General Assembly, the Governor, the
Lieutenant Governor, any other statewide constitutional officer,
any public official of any state agency who engaged in covered
agency actions, or any of their employees shall not solicit or
receive from a lobbyist or a person acting on behalf of a lobbyist
any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of
value;
(5) contributions, as defined in Section 8-13-1300(7).
(C) Subsections (A)(1) through (A)(4) and subsections (B)(1)
through (B)(4) of this section do not apply to the furnishing of
lodging, transportation, entertainment, food, meals, beverages, or
any other thing of value which also is furnished on the same terms
or at the same expense to a member of the general public without
regard to status as a public official or public employee.
(D) Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this
section do not apply to the rendering of emergency assistance
given gratuitously and in good faith by a lobbyist, a lobbyist's
principal, or any person acting on behalf of a lobbyist or a
lobbyist's principal to any member of the General Assembly, the
Governor, the Lieutenant Governor, any other statewide
constitutional officer, any public official of any state agency who
engaged in covered agency actions, or any of their employees.
(E) Subsections (A) and (B) do not apply to anything of value
given to a family member for love and affection.
Section 2-17-90. (A) Except as otherwise provided under
Section 2-17-100, no lobbyist's principal may offer, solicit,
facilitate, or provide to a public official or public employee, and
no 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, except
for:
(1) as to members of the General Assembly, a function to
which a member of the General Assembly is invited if the entire
membership of the House, the Senate, or the General Assembly is
invited, or one of the committees, subcommittees, joint
committees, legislative caucuses, or county legislative delegations
of the General Assembly of which the legislator is a member is
invited. However, the Speaker of the House and Speaker Pro
Tempore of the House may be included in an invitation to one of
the above groups;
(2) as to a public official of a state agency, board, or
commission, a function to which an official of a state agency,
board, or commission is invited if the entire board or commission
of which the public official is a member is invited;
(3) as to public employees, except for public employees
of any statewide constitutional officer, a function to which a
public employee is invited if a public official of the agency or
department by which the public employee is employed also is
invited under another provision of this section;
(4) as to public employees of any statewide constitutional
officer, a function to which all statewide constitutional officers are
invited;
(5) as to statewide constitutional officers, a function to
which a statewide constitutional officer is invited;
(6) as to public officials or public employees, activities
reasonably and directly related to state or local economic
development efforts. However, the public official or public
employee first must obtain prior written approval from:
(a) the Governor, in the case of any of his employees
or of any public officials of any state agencies or any of their
employees which are not listed in a subitem below;
(b) any statewide constitutional officer, in the case of
himself or any of his employees;
(c) the President Pro Tempore of the Senate, in the
case of any member of the Senate or its employees; or
(d) the Speaker of the House, in the case of a member
of the House of Representatives or its employees.
(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),
or (A)(5) 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.
(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) must report on his statement of
economic interests pursuant to Section 8-13-1120 the value of
anything received.
(D) Except as otherwise provided by subsection (E), a
lobbyist's principal extending an invitation under subsection (A)
must report all expenses as required by Section 2-17-35.
(E) If the disclosure required by subsection (C) or (D) would
compromise the confidentiality of a state or local economic
development project and the approving official under subsection
(A)(6) has indicated in the prior written approval that disclosure
of that information would jeopardize the negotiations in an
economic development project, then the approving official must
forward a confidential copy of the prior written approval to the
lobbyist's principal involved and the Secretary of State. The
public official must disclose only the value of the thing of value
received with a notation `for economic development -
confidential' on the forms required by Sections 8-13-1110 and
8-13-1120. The lobbyist's principal must not disclose any
information identifying the recipient or details of the expenditure
on the form required by Section 2-17-35. The public official and
the lobbyist's principal must report all required information on
forms developed by the Secretary of State for the reporting of
information under this subsection. These forms must be marked
`confidential' and must not be a part of the public record until
such time as the approving official determines that public
disclosure is appropriate.
(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.
Section 2-17-100. A public official or a public employee
acting in an official capacity may not receive anything of value
for speaking before a public or private group. Notwithstanding
the limitations of Section 2-17-90, a public official 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 who is
required to file a statement of economic interests under Section
8-13-1100. If the expenses are incurred out of state, the public
official incurring the expenses must receive prior written approval
for the payment or reimbursement from:
(1) the Governor, in the case of any public official of any state
agency who is not listed in a subitem 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; or
(4) the Speaker of the House, in the case of a member of the
House of Representatives.
Section 2-17-110. (A) A lobbyist may not solicit or accept
compensation dependent in any manner upon the passage or
defeat of any pending or proposed legislation, covered agency
actions, or covered gubernatorial actions. A lobbyist's principal
may not employ, appoint, or retain a lobbyist for compensation
dependent in any manner upon the passage or defeat of any
pending or proposed legislation, covered agency actions, or
covered gubernatorial actions.
(B) A lobbyist may not cause the introduction of legislation,
covered agency actions, or covered gubernatorial actions for the
purpose of obtaining employment to engage in lobbying in
support of or in opposition to the action.
(C) A lobbyist may not serve as a treasurer for a candidate, as
defined in Section 8-13-1300(4).
(D) A lobbyist may not serve as a member of a state board or
state commission, except that any lobbyist serving as a member of
a state board or a state commission before January 1, 1991, may
continue to serve as a member of the same state board or state
commission until the end of his current term.
(E) A lobbyist, including a lobbyist who is a former member
of the General Assembly, may not enter the floor of the House of
Representatives or the Senate unless invited by the membership of
the respective chamber during a session of the General
Assembly.
(F) A lobbyist, a lobbyist's principal, or a person acting on
behalf of a lobbyist or a lobbyist's principal may not host events to
raise funds for public officials. No public official may solicit a
lobbyist, a lobbyist's principal, or a person acting on behalf of a
lobbyist or a lobbyist's principal to host a fundraising event for the
public official.
(G) A lobbyist, a lobbyist's principal, or a person acting on
behalf of a lobbyist or a lobbyist's principal may not employ on
retainer a public official, a public employee, a member of the
immediate family of a public official or public employee, or a
firm or organization in which the public official or public
employee has an economic interest. A retainer, for purposes of
this section, is a payment for availability to perform services
rather than for actual services rendered.
(H) A lobbyist, a lobbyist's principal, or a person acting on
behalf of a lobbyist or a lobbyist's principal shall not pay an
honorarium to a public official or a public employee. This
subsection does not prohibit the reimbursement of or expenditure
for actual expenses by a lobbyist's principal as allowed in Section
2-17-100.
(I) A lobbyist, a lobbyist's principal, or a person acting on
behalf of a lobbyist or a lobbyist's principal may not offer,
facilitate, or provide a loan to or on behalf of a statewide
constitutional officer or a member of the General Assembly unless
the lobbyist's principal is a financial institution authorized to
transact business in the State and makes the loan in the ordinary
course of business.
Section 2-17-120. A lobbyist who is indicted in a state or
federal court for a violation of this chapter must be suspended
immediately from acting as a lobbyist by the Secretary of State.
The suspension shall remain in effect until the lobbyist is
acquitted, the charge is dismissed, or the lobbyist becomes subject
to Section 2-17-130.
Section 2-17-130. (A) A lobbyist or a lobbyist's principal
who wilfully violates the provisions of this chapter is guilty of a
misdemeanor and, upon conviction, must be fined not more than
two thousand five hundred dollars or imprisoned for not more
than one year, or both. In addition, any lobbyist or lobbyist's
principal convicted of or pleading guilty or nolo contendere to a
misdemeanor under the provisions of this section is barred from
acting as a lobbyist or a lobbyist's principal for a period of three
years from the date of the conviction.
(B) A member of the General Assembly, the Governor, the
Lieutenant Governor, any other statewide constitutional officer,
any public official of any state agency who engaged in covered
agency actions, or any of their employees who wilfully violate the
provisions of this chapter is guilty of a misdemeanor and, upon
conviction, must be fined not more than two thousand five
hundred dollars or imprisoned for not more than one year, or
both.
(C) The payment of any fines does not in any way excuse or
exempt any person required to file from the filing requirements of
this chapter.
Section 2-17-140. If an alleged violation is found to be
groundless by the Secretary of State, the entire matter must be
stricken from public record. If the Secretary of State finds that the
complaining party wilfully filed a groundless complaint, the
finding must be reported to the Attorney General. The wilful
filing of a groundless complaint by a person with the Secretary of
State is a misdemeanor, and the person filing a complaint, upon
conviction, must be fined not more than one thousand dollars. In
lieu of the criminal penalty provided by this section, a civil
penalty of not more than one thousand dollars may be assessed
against the complainant upon proof, by a preponderance of the
evidence, that the filing of the complaint was wilful and without
just cause or with malice.
Section 2-17-150. A prosecution for a violation of the
provisions of this chapter must be commenced no later than four
years after the date the violation is alleged to have occurred unless
a person, who by fraud or other device, prevents discovery of the
violation."
Ethics, government accountability, and campaign
reform
SECTION 3. Chapter 13, Title 8 of the 1976 Code is amended
to read:
"CHAPTER 13
Ethics, Government Accountability,
and Campaign Reform
Article 1
General Provisions
Section 8-13-100. As used in Articles 1 through 11:
(1) (a) `Anything of value' or `thing of value' means:
(i) a pecuniary item, including money, a bank bill,
or a bank note;
(ii) a promissory note, bill of exchange, an order, a
draft, warrant, check, or bond given for the payment of
money;
(iii) a contract, agreement, promise, or other
obligation for an advance, a conveyance, forgiveness of
indebtedness, deposit, distribution, loan, payment, gift, pledge, or
transfer of money;
(iv) a stock, bond, note, or other investment interest
in an entity;
(v) a receipt given for the payment of money or
other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a
gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal
transportation;
(xi) real property or an interest in real property,
including title to realty, a fee simple or partial interest in realty
including present, future, contingent, or vested interests in realty,
a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or
compensatory worth to a person.
(b) `Anything of value' or `thing of value' does not
mean:
(i) printed informational or promotional material,
not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars,
containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that
does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly
related to the public official's, public member's, or public
employee's official responsibilities;
(v) an honorary degree bestowed upon a public
official, public member, or public employee by a public or private
university or college;
(vi) promotional or marketing items offered to the
general public on the same terms and conditions without regard to
status as a public official or public employee; or
(vii) a campaign contribution properly received and
reported under the provisions of this chapter.
(2) `Appropriate supervisory office' means:
(a) the State Ethics Commission for all persons required
to file reports under this chapter except for those members of or
candidates for the office of State Senator or State
Representative;
(b) the Senate Ethics Committee for members of or
candidates for the office of State Senator and the House of
Representatives Ethics Committee for members of or candidates
for the office of State Representative.
(3) `Business' means a corporation, partnership,
proprietorship, firm, an enterprise, a franchise, an association,
organization, or a self-employed individual.
(4) `Business with which he is associated' means a business of
which the person or a member of his immediate family is a
director, an officer, owner, employee, a compensated agent, or
holder of stock worth one hundred thousand dollars or more at fair
market value and which constitutes five percent or more of the
total outstanding stock of any class.
(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. `Candidate'
does not include a person within the meaning of Section 431(b) of
the Federal Election Campaign Act of 1976.
(6) `Compensation' means money, anything of value, an
in-kind contribution or expenditure, or economic benefit conferred
on or received by a person.
(7) `Confidential information' means information, whether
transmitted orally or in writing, which is obtained by reason of the
public position or office held and is of such nature that it is not, at
the time of transmission, a matter of public record or public
knowledge.
(8) `Consultant' means a person, other than a public official,
public member, or public employee who contracts with the State,
county, municipality, or a political subdivision thereof to:
(a) evaluate bids for public contracts, or
(b) award public contracts.
(9) `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, as defined in
Section 8-13-1300(6), for the purpose of influencing 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.
(10) `Corporation' means an entity organized in the
corporate form under federal law or the laws of any state.
(11) (a) `Economic interest' means an interest distinct
from that of the general public in a purchase, sale, lease, contract,
option, or other transaction or arrangement involving property or
services in which a public official, public member, or public
employee may gain an economic benefit of fifty dollars or
more.
(b) This definition does not prohibit a public official,
public member, or public employee from participating in, voting
on, or influencing or attempting to influence an official decision if
the only economic interest or reasonably foreseeable benefit that
may accrue to the public official, public member, or public
employee is incidental to the public official's, public member's, or
public employee's position or which accrues to the public official,
public member, or public employee as a member of a profession,
occupation, or large class to no greater extent than the economic
interest or potential benefit could reasonably be foreseen to accrue
to all other members of the profession, occupation, or large
class.
(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.
(13) `Elective office' means an office at the state, county,
municipal, or political subdivision level. For the purposes of
Articles 1 through 11, the term `elective office' does not include
an office under the unified judicial system except that for
purposes of campaign practices, campaign disclosure, and
disclosure of economic interests, `elective office' includes the
office of probate judge.
(14) `Expenditure' means a purchase, payment, loan,
forgiveness of a loan, an advance, in-kind contribution or
expenditure, a deposit, transfer of funds, a gift of money, or
anything of value for any purpose.
(15) `Family member' means an individual who is:
(a) the spouse, parent, brother, sister, child,
mother-in-law, father-in-law, son -in-law, daughter-in-law,
grandparent, or grandchild; or
(b) a member of the individual's immediate family.
(16) `Gift' means anything of value, including
entertainment, food, beverage, travel, and lodging given or paid to
a public official, public member, or public employee to the extent
that consideration of equal or greater value is not received. A gift
includes a rebate or discount on the price of anything of value
unless it is made in the ordinary course of business without regard
to that person's status. A gift does not include campaign
contributions accepted pursuant to this chapter.
(17) `Governmental entity' means the State, a county,
municipality, or political subdivision thereof with which a public
official, public member, or public employee is associated or
employed. `Governmental entity' also means any charitable
organization or foundation, but not an athletic organization or
athletic foundation which is associated with a state educational
institution and which is organized to raise funds for the academic,
educational, research, or building programs of a college or
university.
(18) `Immediate family' means:
(a) a child residing in a candidate's, public official's,
public member's, or public employee's household;
(b) a spouse of a candidate, public official, public
member, or public employee; or
(c) an individual claimed by the candidate, public official,
public member, or public employee or the candidate's, public
official's, public member's, or public employee's spouse as a
dependent for income tax purposes.
(19) `Income' means the receipt or promise of any
consideration, whether or not legally enforceable.
(20) `Individual' means one human being.
(21) `Individual with whom he is associated' means an
individual with whom the person or a member of his immediate
family mutually has an interest in any business of which the
person or a member of his immediate family is a director, officer,
owner, employee, compensated agent, or holder of stock worth
one hundred thousand dollars or more at fair market value and
which constitutes five percent or more of the total outstanding
stock of any class.
(22) `Loan' means a transfer of money, property,
guarantee, or anything of value in exchange for an obligation,
conditional or not, to repay in whole or in part.
(23) `Official responsibility' means the direct
administrative or operating authority, whether intermediate or
final and whether exercisable personally or through subordinates,
to approve, disapprove, or otherwise direct government
action.
(24) `Person' means an individual, a proprietorship, firm,
partnership, joint venture, joint stock company, syndicate,
business trust, an estate, a company, committee, an association, a
corporation, club, labor organization, or any other organization or
group of persons acting in concert.
(25) `Public employee' means a person employed by the
State, a county, a municipality, or a political subdivision
thereof.
(26) `Public member' means an individual appointed to a
noncompensated part-time position on a board, commission, or
council. A public member does not lose this status by receiving
reimbursement of expenses or a per diem payment for
services.
(27) `Public official' means an elected or appointed official
of the State, a county, a municipality, or a political subdivision
thereof, including candidates for the office. `Public official' does
not mean a member of the judiciary except that for the purposes of
campaign practices, campaign disclosure, and disclosure of
economic interests, a probate judge is considered a public official
and must meet the requirements of this chapter.
(28) `Represent' or `representation' means making an
appearance, whether gratuitous or for compensation, before a state
agency, office, department, division, bureau, board, commission,
or council, including the General Assembly, or before a local or
regional government office, department, division, bureau, board,
or commission.
(29) `Substantial monetary value' means a monetary value
of five hundred dollars or more.
Article 3
State Ethics Commission
Section 8-13-310. (A) The State Ethics Commission as
constituted under law in effect before July 1, 1992, is
reconstituted to continue in existence with the appointment and
qualification of the at-large members as prescribed in this section
and with the changes in duties and powers as prescribed in this
chapter. On July 1, 1993, when the duties and powers given to the
Secretary of State in Chapter 17 of Title 2 are transferred to the
State Ethics Commission, the Code Commissioner is directed to
change all references to `this chapter' in Article 3 of Chapter 13 of
Title 8 to `this chapter and Chapter 17 of Title 2'.
(B) There is created the State Ethics Commission composed of
nine members appointed by the Governor, upon the advice and
consent of the General Assembly. One member shall represent
each of the six congressional districts, and three members must be
appointed from the State at large. No member of the General
Assembly or other public official shall be eligible to serve on the
State Ethics Commission. The Governor shall make the
appointments based on merit regardless of race, color, creed, or
gender and shall strive to assure that the membership of the
commission is representative of all citizens of the State of South
Carolina.
(C) The terms of the members are for five years and until their
successors are appointed and qualify. The members of the State
Ethics Commission serving on this chapter's effective date may
continue to serve until the expiration of their terms. These
members may then be appointed to serve one full five-year term
under the provisions of this chapter. Members representing the
first, third, and sixth congressional districts on this chapter's
effective date are eligible to be appointed for a full five-year term
in or after 1991. Members currently representing the second,
fourth, and fifth congressional districts on this chapter's effective
date are eligible to be appointed for a full five-year term in or
after 1993. The initial appointments for the at-large members of
the commission created by this chapter must be for a one-, two-,
or three-year term, but these at-large members are eligible
subsequently for a full five-year term. Under this section, the
at-large members of the commission are to be appointed to begin
service on or after July 1, 1992. Vacancies must be filled in the
manner of the original appointment for the unexpired portion of
the term only. Members of the commission who have completed
a full five-year term are not eligible for reappointment.
(D) The commission shall elect a chairman, a vice-chairman,
and such other officers as it considers necessary. Five members
of the commission shall constitute a quorum. The commission
must adopt a policy concerning the attendance of its members at
commission meetings. The commission meets at the call of the
chairman or a majority of its members. Members of the
commission, while serving on business of the commission, receive
per diem, mileage, and subsistence as is provided by law for
members of state boards, committees, and commissions.
Section 8-13-320. The State Ethics Commission has these
duties and powers:
(1) to prescribe forms for statements required to be filed by
this chapter and to furnish these forms to persons required to file
them;
(2) to prepare and publish a manual setting forth
recommended uniform methods of reporting for use by persons
required to file statements required by this chapter;
(3) to accept and file information voluntarily supplied that
exceeds the requirements of this chapter;
(4) to develop a filing, coding, and cross-indexing system
consonant with the purposes of this chapter;
(5) to make the notices of registration and reports filed
available for public inspection and copying as soon as may be
practicable after receipt of them and to permit copying of a report
or statement by hand or by duplicating machine, as requested by a
person, at the expense of the person;
(6) to preserve the originals or copies of notices and reports
for four years from date of receipt;
(7) to ascertain whether a person has failed to comply fully
and accurately with the disclosure requirements of this chapter
and promptly to notify the person to file the necessary notices and
reports to satisfy the requirements of this chapter or regulations
promulgated by the commission under this chapter;
(8) to request the Attorney General, in the name of the
commission, to initiate, prosecute, defend, or appear in a civil or
criminal action for the purpose of enforcing the provisions of this
chapter, including a civil proceeding for injunctive relief and
presentation to a grand jury;
(9) 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, upon complaint
by an individual, of an alleged violation of this chapter 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.
(a) The commission may commence an investigation on
the filing of a complaint by an individual or by the commission, as
provided in item (10)(d), upon a majority vote of the total
membership of the commission.
(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.
(c) If an alleged violation is found to be groundless by the
commission, the entire matter must be stricken from public record.
If the commission finds that the complaining party wilfully filed a
groundless complaint, the finding must be reported to the
Attorney General. The wilful filing of a groundless complaint is a
misdemeanor and, upon conviction, a person must be fined not
more than one thousand dollars. In lieu of the criminal penalty
provided by this item, a civil penalty of not more than one
thousand dollars may be assessed against the complainant upon
proof, by a preponderance of the evidence, that the filing of the
complaint was wilful and without just cause or with malice.
(d) Action may not be taken on a complaint filed more
than four years after the violation is alleged to have occurred
unless a person, by fraud or other device, prevents discovery of
the violation. The Attorney General may initiate an action to
recover a fee, compensation, gift, or profit received by a person as
a result of a violation of the chapter no later than one year after a
determination by the commission that a violation of this chapter
has occurred;
(10) to conduct its investigations, inquiries, and hearings in
this manner:
(a) The commission shall accept from an individual,
whether personally or on behalf of an organization or
governmental body, a verified complaint, in writing, that states the
name of a person alleged to have committed a violation of this
chapter and the particulars of the violation. The commission shall
forward a copy of the complaint, a general statement of the
applicable law with respect to the complaint, and a statement
explaining the due process rights of the respondent including, but
not limited to, the right to counsel to the respondent within ten
days of the filing of the complaint.
(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.
(c) If the commission or its executive director determines
that the complaint alleges facts sufficient to constitute a violation,
an investigation may be conducted of the alleged violation.
(d) If the commission, upon the receipt of any
information, finds probable cause to believe that a violation of the
chapter has occurred, it may, upon its own motion and an
affirmative vote of the majority of the total membership of the
commission, file a verified complaint, in writing, that states the
name of the person alleged to have committed a violation of this
chapter and the particulars of the violation. The commission shall
forward a copy of the complaint, a general statement of the
applicable law with respect to the complaint, and a statement
explaining the due process rights of the respondent including, but
not limited to, the right to counsel to the respondent within ten
days of the filing of the complaint.
(e) If the commission determines that assistance is needed
in conducting an investigation, the commission shall request the
assistance of appropriate agencies.
(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 affirmative vote of a majority of the
members of the commission, 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.
(g) All investigations, inquiries, hearings, and
accompanying documents must remain confidential until final
disposition of a matter unless the respondent waives the right to
confidentiality. The wilful release of confidential information is a
misdemeanor, and any person releasing such confidential
information, upon conviction, must be fined not more than one
thousand dollars.
(h) The commission must afford a public official, public
member, public employee, lobbyist, or lobbyist's principal who is
the subject of a complaint the opportunity to be heard on the
alleged violation under oath, the opportunity to offer information,
and the appropriate due process rights including, but not limited
to, the right to counsel. The commission, in its discretion, may
turn over to the Attorney General for prosecution apparent
evidence of a violation of the chapter.
(i) At the conclusion of its investigation, the commission
staff, in a preliminary written decision with findings of fact and
conclusions of law, must make a recommendation whether
probable cause exists to believe that a violation of this chapter has
occurred. If the commission determines that probable cause does
not exist, it shall send a written decision with findings of fact and
conclusions of law to the respondent and the complainant. If the
commission determines that there is probable cause to believe that
a violation has been committed, its preliminary decision may
contain an order setting forth a date for a hearing before a panel of
three commissioners, selected at random, to determine whether a
violation of the chapter has occurred. If the commission finds
probable cause to believe that a violation of this chapter has
occurred, the commission may waive further proceedings if the
respondent takes action to remedy or correct the alleged
violation.
(j) If a hearing is to be held, the respondent must be
allowed to examine and make copies of all evidence in the
commission's possession relating to the charges. The same
discovery techniques which are available to the commission must
be equally available to the respondent, including the right to
request the commission to subpoena witnesses or materials and
the right to conduct depositions as prescribed by subitem (f). A
panel of three commissioners must conduct a hearing in
accordance with Chapter 23 of Title 1 (Administrative Procedures
Act), except as otherwise expressly provided. Panel action
requires the participation of the three panel members. During a
commission panel hearing conducted to determine whether a
violation of the chapter has occurred, the respondent must be
afforded appropriate due process protections, including the right
to be represented by counsel, the right to call and examine
witnesses, the right to introduce exhibits, and the right to
cross-examine opposing witnesses. All evidence, including
records the commission considers, must be offered fully and made
a part of the record in the proceedings. The hearings must be held
in executive session unless the respondent requests an open
hearing.
(k) No later than sixty days after the conclusion of a
hearing to determine whether a violation of the chapter has
occurred, the commission panel must set forth its determination in
a written decision with findings of fact and conclusions of law.
The commission panel, where appropriate, shall recommend
disciplinary or administrative action, or in the case of an alleged
criminal violation, refer the matter to the Attorney General for
appropriate action. The Attorney General may seek injunctive
relief or may take other appropriate action as necessary. In the
case of a public employee, the commission panel shall file a report
to the administrative department executive responsible for the
activities of the employee. If the complaint is filed against an
administrative department executive, the commission panel shall
refer the case to the Governor.
(l) The written decision as provided for in subitem (k)
may set forth an order:
(i) requiring the public official, public member, or
public employee to pay a civil penalty of not more than two
thousand dollars for each violation;
(ii) requiring the forfeiture of gifts, receipts, or
profits, or the value thereof, obtained in violation of the chapter,
voiding nonlegislative state action obtained in violation of the
chapter; or
(iii) requiring a combination of subitems (i) and (ii)
above, as necessary and appropriate.
(m) Within ten days after service of an order, report, or
recommendation, a respondent may apply to the commission for a
full commission review of the decision made by the commission
panel. The review must be made on the record established in the
panel hearings. This review is the final disposition of the
complaint before the commission. An appeal to the circuit court,
pursuant to Section 1-23-380, stays all actions and
recommendations of the commission unless otherwise determined
by the circuit court.
(n) A fine imposed by the commission, disciplinary action
taken by an appropriate authority, or a determination not to take
disciplinary action made by an appropriate authority is public
record. This section does not limit the power of either chamber of
the General Assembly to impeach a public official or limit the
power of a department to discipline its own officials or
employees. This section does not preclude prosecution of public
officials, public members, or public employees for violation of
any law of this State.
(o) All actions taken by the commission on complaints,
except on alleged violations which are found to be groundless by
the commission, are a matter of public record upon final
disposition;
(11) to issue, upon request from persons covered by this
chapter, and publish advisory opinions on the requirements of this
chapter, based on real or hypothetical sets of circumstances;
provided, that an opinion rendered by the commission, until
amended or revoked, is binding on the commission in any
subsequent charges concerning the person who requested the
opinion and who acted in reliance on it in good faith unless
material facts were omitted or misstated by the person in the
request for the opinion. Advisory opinions must be in writing and
are considered rendered when approved by five or more
commission members subscribing to the advisory opinion.
Advisory opinions must be made available to the public unless the
commission, by majority vote of the total membership of the
commission, requires an opinion to remain confidential.
However, the identities of the parties involved must be withheld
upon request;
(12) to promulgate and publish rules and regulations to
carry out the provisions of this chapter. Provided, that with
respect to complaints, investigations, and hearings the rights of
due process as expressed in the Rules Governing the Practice of
Law must be followed;
(13) on and after July 1, 1993, to administer Chapter 17 of
Title 2 by use of the duties and powers listed in this section.
Section 8-13-330. (A) The commission may employ and
remove, at its pleasure, an executive director. The executive
director has the responsibility for employing and terminating other
personnel as may be necessary. The executive director
administers the daily business of the commission and performs
duties assigned by the commission.
(B) No member or employee of the commission may be a
candidate, an official in a political party, or a lobbyist. Other than
by virtue of membership on or employment with the State Ethics
Commission, no member or employee of the commission may be
a public official, public member, or public employee.
(C) No member of the commission or its staff may participate
in political management or in a political campaign during the
member's or employee's term of office or employment. No
member of the commission or its staff may make a contribution to
a candidate or knowingly attend a fundraiser held for the benefit
of a candidate. Violation of this provision subjects the
employee to immediate dismissal and the commissioner to
removal by the Governor.
Section 8-13-340. The State Ethics Commission at the
close of each fiscal year shall report to the General Assembly and
the Governor concerning the action it has taken, the names,
salaries, and duties of all persons in its employ, and the money it
has disbursed and shall make other reports on matters within its
jurisdiction and recommendations for further legislation as may
appear desirable.
Section 8-13-350. When hired, filing for office, or
appointed and upon assuming the duties of employment, office, or
position in state government, a public official, public member, and
public employee shall receive a brochure prepared by the State
Ethics Commission describing the general application of this
chapter.
Section 8-13-360. Upon request, the commission shall
make statements and reports filed with the commission available
for public inspection and copying during regular office hours.
The commission shall provide copying facilities at a cost not to
exceed the actual cost. A statement may be requested by mail,
and the commission shall mail a copy of the requested information
to the individual making the request upon payment of appropriate
postage, copying costs, and employee labor costs. The
commission shall publish and make available to the public and to
persons subject to this chapter explanatory information
concerning this chapter, the duties imposed by this chapter, and
the means for enforcing this chapter.
Article 5
Senate and House of Representatives
Ethics Committees
Section 8-13-510. There is created a House of
Representatives Legislative Ethics Committee and a Senate
Legislative Ethics Committee. Each ethics committee is
composed of six members. Terms are coterminous with the term
for which members are elected to the House or Senate. Vacancies
must be filled for the unexpired term in the manner of the original
selection. The members of each ethics committee must be elected
by the House or the Senate, as appropriate. One member of each
ethics committee must be elected as chairman by a majority of the
members of the ethics committee.
Section 8-13-520. Each ethics committee shall meet and
recommend any changes in the law or rules relating to ethics
considered proper to their respective houses. Changes
recommended must be consistent with the Constitution of the
State of South Carolina, the provisions of this chapter, and any
other applicable law.
Section 8-13-530. Each ethics committee shall:
(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 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;
(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;
(3) obtain information and investigate complaints as provided
in Section 8-13-540 with respect to any complaint filed pursuant
to this chapter or Chapter 17 of Title 2 and to that end may
compel by subpoena the attendance and testimony of witnesses
and the production of pertinent books and papers;
(4) administer or recommend sanctions appropriate to a
particular member of or candidate for the appropriate house
pursuant to Section 8-13-540 or dismiss the charges; and
(5) act as an advisory body to the General Assembly and to
individual members of or candidates for the appropriate house on
questions pertaining to the disclosure and filing requirements of
members of or candidates for the appropriate house.
Section 8-13-540. Unless otherwise provided for by House
or Senate rule, as appropriate, each ethics committee must
conduct its investigation of a complaint filed pursuant to this
chapter or Chapter 17 of Title 2 in accordance with this
section.
(1) When a complaint is filed with or by the ethics committee,
a copy must promptly be sent to the person alleged to have
committed the violation. If the ethics committee determines the
complaint does not allege facts sufficient to constitute a violation,
the complaint must be dismissed and the complainant and
respondent notified. If the ethics committee finds that the
complaining party wilfully filed a groundless complaint, the
finding must be reported to appropriate law enforcement
authorities. The wilful filing of a groundless complaint is a
misdemeanor and, upon conviction, a person must be fined not
more than one thousand dollars. In lieu of the criminal penalty
provided by this subsection, a civil penalty of not more than one
thousand dollars may be assessed against the complainant upon
proof, by a preponderance of the evidence, that the filing of the
complaint was wilful and without just cause or with malice. If the
ethics committee determines the complaint alleges facts sufficient
to constitute a violation, it shall promptly investigate the alleged
violation and may compel by subpoena the attendance and
testimony of witnesses and the production of pertinent books and
papers.
If after such preliminary investigation, the ethics committee
finds that probable cause exists to support an alleged violation, it
shall, as appropriate:
(a) render an advisory opinion to the respondent and
require the respondent's compliance within a reasonable time;
or
(b) convene a formal hearing on the matter within thirty
days of the respondent's failure to comply with the advisory
opinion. All ethics committee investigations and records relating
to the preliminary investigation are confidential. No complaint
shall be accepted which is filed later than four years after the
alleged violation occurred.
(2) If a hearing is to be held, the respondent must be allowed
to examine and make copies of all evidence in the ethics
committee's possession relating to the charges. At the hearing the
charged party must be afforded appropriate due process
protections, including the right to be represented by counsel, the
right to call and examine witnesses, the right to introduce exhibits,
and the right to cross-examine opposing witnesses. All hearings
must be conducted in executive session.
(3) After the hearing, the ethics committee shall determine its
findings of fact. If the ethics committee, based on competent and
substantial evidence, finds the respondent has violated this chapter
or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in
Section 8-13-1170 has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the
matter to the Attorney General for investigation.
The ethics committee shall report its findings in writing to the
Speaker of the House or President Pro Tempore of the Senate, as
appropriate. The report must be accompanied by an order of
punishment and supported and signed by a majority of the ethics
committee members. If the ethics committee finds the respondent
has not violated a code or statutory provision, it shall dismiss the
charges.
(4) An individual has ten days from the date of the notification
of the ethics committee's action to appeal the action to the full
legislative body.
(5) No ethics committee member may participate in any
matter in which he is involved.
(6) The ethics committee shall establish procedures which
afford respondents appropriate due process protections, including
the right to be represented by counsel, the right to call and
examine witnesses, the right to introduce exhibits, and the right to
cross-examine opposing witnesses.
Section 8-13-550. (A) Upon receipt of a recommendation
of expulsion or an appeal from an order of the ethics committee
made pursuant to the provisions of Section 8-13-540, the
presiding officer of the House or Senate shall call the House or
Senate into open session at a time to be determined at his
discretion or in executive session if the House or Senate chooses,
as a committee of the whole, to consider the action of the ethics
committee. The House or Senate shall sustain or overrule the
ethics committee's action or order other action consistent with this
chapter or Chapter 17 of Title 2.
(B) Upon consideration of an ethics committee report by the
House or the Senate, whether in executive or open session, the
results of the consideration, except in the case of the issuance of a
private reprimand, are a matter of public record.
Section 8-13-560. Unless otherwise currently or hereafter
provided for by House or Senate rule, as is appropriate:
(1) A member of the General Assembly who is indicted in a
state court or a federal court for a crime that is a felony, a crime
that involves moral turpitude, a crime that has a sentence of two
or more years, or a crime that violates election laws must be
suspended immediately without pay by the presiding officer of the
House or Senate, as appropriate. The suspension remains in effect
until the public official is acquitted, convicted, pleads guilty, or
pleads nolo contendere. In the case of a conviction, the office
must be declared vacant. In the event of an acquittal or dismissal
of charges against the public official, he is entitled to
reinstatement and back pay.
(2) If the public official is involved in an election between the
time of the suspension and final conclusion of the indictment, the
presiding officer of the House or Senate, or the Governor, as
appropriate, shall again suspend him at the beginning of his next
term. The suspended public official may not participate in the
business of his public office.
Article 7
Rules of Conduct
Section 8-13-700. (A) No public official, public member,
or public employee may knowingly use his official office,
membership, or employment to obtain an economic interest for
himself, a member of his immediate family, an individual with
whom he is associated, or a business with which he is associated.
This prohibition does not extend to the incidental use of public
materials, personnel, or equipment, subject to or available for a
public official's, public member's, or public employee's use which
does not result in additional public expense.
(B) No public official, public member, or public employee
may make, participate in making, or in any way attempt to use his
office, membership, or employment to influence a governmental
decision in which he, a member of his immediate family, an
individual with whom he is associated, or a business with which
he is associated has an economic interest. A public official,
public member, or public employee who, in the discharge of his
official responsibilities, is required to take an action or make a
decision which affects an economic interest of himself, a member
of his immediate family, an individual with whom he is
associated, or a business with which he is associated shall:
(1) prepare a written statement describing the matter
requiring action or decisions and the nature of his potential
conflict of interest with respect to the action or decision;
(2) if the public official is a member of the General
Assembly, he shall deliver a copy of the statement to the presiding
officer of the appropriate house. The presiding officer shall have
the statement printed in the appropriate journal and require that
the member of the General Assembly be excused from votes,
deliberations, and other action on the matter on which a potential
conflict exists;
(3) if he is a public employee, he shall furnish a copy of
the statement to his superior, if any, who shall assign the matter to
another employee who does not have a potential conflict of
interest. If he has no immediate superior, he shall take the action
prescribed by the State Ethics Commission;
(4) if he is a public official, other than a member of the
General Assembly, he shall furnish a copy of the statement to the
presiding officer of the governing body of any agency,
commission, board, or of any county, municipality, or a political
subdivision thereof, on which he serves, who shall cause the
statement to be printed in the minutes and require that the member
be excused from any votes, deliberations, and other actions on the
matter on which the potential conflict of interest exists and shall
cause the disqualification and the reasons for it to be noted in the
minutes;
(5) if he is a public member, he shall furnish a copy to the
presiding officer of any agency, commission, board, or of any
county, municipality, or a political subdivision thereof, on which
he serves, who shall cause the statement to be printed in the
minutes and shall require that the member be excused from any
votes, deliberations, and other actions on the matter on which the
potential conflict of interest exists and shall cause such
disqualification and the reasons for it to be noted in the
minutes.
(C) Where a public official, public member, or public
employee or a member of his immediate family holds an
economic interest in a blind trust, he is not considered to have a
conflict of interest with regard to matters pertaining to that
economic interest, if the existence of the blind trust has been
disclosed to the appropriate supervisory office.
(D) The provisions of this section do not apply to any court in
the unified judicial system.
(E) When a member of the General Assembly is required by
law to appear because of his business interest as an owner or
officer of the business or in his official capacity as a member of
the General Assembly, this section does not apply.
Section 8-13-705. (A) A person may not, directly or
indirectly, give, offer, or promise anything of value to a public
official, public member, or public employee with the intent to:
(1) influence the discharge of a public official's, public
member's, or public employee's official responsibilities;
(2) influence a public official, public member, or public
employee to commit, aid in committing, collude in, or allow fraud
on a governmental entity; or
(3) induce a public official, public member, or public
employee to perform or fail to perform an act in violation of the
public official's, public member's, or public employee's official
responsibilities.
(B) A public official, public member, or public employee may
not, directly or indirectly, knowingly ask, demand, exact, solicit,
seek, accept, assign, receive, or agree to receive anything of value
for himself or for another person in return for being:
(1) influenced in the discharge of his official
responsibilities;
(2) influenced to commit, aid in committing, collude in,
allow fraud, or make an opportunity for the commission of fraud
on a governmental entity; or
(3) induced to perform or fail to perform an act in
violation of his official responsibilities.
(C) A person may not, directly or indirectly, give, offer, or
promise to give anything of value to another person with intent to
influence testimony under oath or affirmation in a trial or other
proceeding before:
(1) a court;
(2) a committee of either house or both houses of the
General Assembly; or
(3) an agency, commission, or officer authorized to hear
evidence or take testimony or with intent to influence a witness to
fail to appear.
(D) A person may not, directly or indirectly, ask, demand,
exact, solicit, seek, accept, assign, receive, or agree to receive
anything of value in return for influencing testimony under oath or
affirmation in a trial or other proceeding before:
(1) a court;
(2) a committee of either house or both houses of the
General Assembly; or
(3) an agency, commission, or officer authorized to hear
evidence or take testimony, or with intent to influence a witness to
fail to appear.
(E) Subsections (C) and (D) of this section do not prohibit the
payment or receipt of witness fees provided by law or the
payment by the party on whose behalf a witness is called and
receipt by a witness of the reasonable costs of travel and
subsistence at trial, hearing, or proceeding, or, in the case of an
expert witness, of the reasonable fee for time spent in the
preparation of the opinion and in appearing or testifying.
(F) A person who violates the provisions of this section is
guilty of a felony and, upon conviction, must be punished by
imprisonment for not more than ten years and a fine of not more
than ten thousand dollars and is permanently disqualified from
being a public official or a public member. A public official,
public member, or public employee who violates the provisions of
this section forfeits his public office, membership, or
employment.
(G) This section does not apply to political contributions
unless the contributions are conditioned upon the performance of
specific actions of the person accepting the contributions nor does
it prohibit a parent, grandparent, or other close relative from
making a gift to a child, grandchild, or other close relative for love
and affection except as otherwise provided.
Section 8-13-710. (A) Unless provided by subsection (B)
and in addition to the requirements of Chapter 17 of Title 2, a
public official or public employee required to file a statement of
economic interests under Section 8-13-1110 who accepts anything
of value from a lobbyist's principal must report the value of
anything received on his statement of economic interests pursuant
to Section 8-13-1120(A)(9).
(B) A public official, public member, or public employee
required to file a statement of economic interests under Section
8-13-1110 who receives, accepts, or takes, directly or indirectly,
from a person, anything of value worth twenty-five dollars or
more in a day and anything of value worth two hundred dollars or
more in the aggregate in a calendar year must report on his
statement of economic interests pursuant to Section 8-13-1120 the
thing of value from:
(1) a person, if there is reason to believe the donor would
not give the thing of value but for the public official's, public
member's, or public employee's office or position;
(2) a person, or from an officer or director of a person, if
the public official, public member, or public employee has reason
to believe the person:
(a) has or is seeking to obtain contractual or other
business or financial relationships with the public official's, public
member's, or public employee's governmental entity;
(b) conducts operations or activities which are
regulated by the public official's, public member's, or public
employee's governmental entity.
(C) Nothing in this section requires a public official, public
member, or public employee to report a gift from a parent,
grandparent, or relative to a child, grandchild, or other immediate
family member for love and affection.
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.
Notwithstanding the limitations of Section 2-17-90, a public
official or public member 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. If the expenses are incurred out of state, the public
official or public member 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.
Section 8-13-720. No person may offer or pay to a public
official, public member, or public employee and no public
official, public member, or public employee may solicit or receive
money in addition to that received by the public official, public
member, or public employee in his official capacity for advice or
assistance given in the course of his employment as a public
official, public member, or public employee.
Section 8-13-725. No public official, public member, or
public employee may use or disclose confidential information
gained in the course of or by reason of his official responsibilities
in any way that would affect an economic interest held by himself,
a member of his immediate family, an individual with whom he is
associated, or a business with which he is associated.
Section 8-13-730. Unless otherwise provided by law, no
person may serve as a member of a governmental regulatory
agency that regulates any business with which that person is
associated. An employee of the regulatory agency which
regulates a business with which he is associated annually shall file
a statement of economic interests notwithstanding the provisions
of Section 8-13-1110. No person may be an employee of the
regulatory agency which regulates a business with which he is
associated if this relationship creates a continuing or frequent
conflict with the performance of his official responsibilities.
Section 8-13-735. No person who serves at the same time
on:
(1) the governing body of a state, county, municipal, or
political subdivision board or commission, and
(2) as an employee of the same board or commission or serves
in a position which is subject to the control of that board or
commission may make or participate in making a decision which
affects his economic interests.
Section 8-13-740. (A) (1) A public official occupying
statewide office, a member of his immediate family, an individual
with whom he is associated, or a business with which he is
associated may not knowingly represent another person before a
governmental entity, except as otherwise required by law.
(2) A member of the General Assembly, an individual
with whom he is associated, or a business with which he is
associated may not knowingly represent another person before a
governmental entity, 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
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.
(3) A public member occupying statewide office, an
individual with whom he is associated, or a business with which
he is associated may not knowingly represent another person
before the same unit or division of the governmental entity for
which the public member has official responsibility, except as
otherwise required by law.
(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 any
agency, unit, or subunit of that county 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 except as required by
law.
(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 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
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.
(7) The restrictions set forth in items (1) through (6) of
this subsection do not apply to:
(a) purely ministerial matters which do not require
discretion on the part of the governmental entity before which the
public official, public member, or public employee is
appearing;
(b) representation by a public official, public
member, or public employee in the course of the public official's,
public member's, or public employee's official duties;
(c) representation by the public official, public
member, or public employee in matters relating to the public
official's, public member's, or public employee's personal affairs
or the personal affairs of the public official's, public member's, or
public employee's immediate family.
(B) A member of the General Assembly, when he, an
individual with whom he is associated, or a business with which
he is associated represents a client for compensation as permitted
by subsection (A)(2)(c), must file within his annual statement of
economic interests a listing of fees earned, services rendered,
names of persons represented, and the nature of contacts made
with the governmental entities.
(C) A member of the General Assembly may not vote on the
section of that year's general appropriation bill relating to a
particular agency or commission if the member, an individual
with whom he is associated, or a business with which he is
associated has represented any client before that agency or
commission as permitted by subsection (A)(2)(c) within one year
prior to such vote. This subsection does not prohibit a member
from voting on other sections of the general appropriation bill or
from voting on the general appropriation bill as a whole.
Section 8-13-745. (A) No member of the General
Assembly or an individual with whom he is associated or business
with which he is associated may represent a client for a fee in a
contested case, as defined in Section 1-23-310, before an agency,
a commission, board, department, or other entity if the member of
the General Assembly has voted in the election, appointment,
recommendation, or confirmation of a member of the governing
body of the agency, board, department, or other entity within the
twelve preceding months.
(B) Notwithstanding any other provision of law, after the
effective date of this section, no member of the General Assembly
or any individual with whom he is associated or business with
which he is associated may represent a client for a fee in a
contested case, as defined in Section 1-23-310, before an agency,
a commission, board, department, or other entity elected,
appointed, recommended, or confirmed by the House, the Senate,
or the General Assembly if that member has voted on the section
of that year's general appropriation bill or supplemental
appropriation bill relating to that agency, commission, board,
department, or other entity within one year from the date of the
vote. This subsection does not prohibit a member from voting on
other sections of the general appropriation bill or from voting on
the general appropriation bill as a whole.
(C) Notwithstanding any other provision of law, after the
effective date of this section, no member of the General Assembly
or an individual with whom he is associated in partnership or a
business, company, corporation, or partnership where his interest
is greater than five percent may enter into any contract for goods
or services with an agency, a commission, board, department, or
other entity funded with general funds or other funds if the
member has voted on the section of that year's appropriation bill
relating to that agency, commission, board, department, or other
entity within one year from the date of the vote. This subsection
does not prohibit a member from voting on other sections of the
appropriation bill or from voting on the general appropriation bill
as a whole.
(D) The provisions of this section do not apply to any court in
the unified judicial system.
(E) When a member of the General Assembly is required by
law to appear because of his business interest as an owner or
officer of the business or in his official capacity as a member of
the General Assembly, this section does not apply.
(F) The provisions of subsections (A), (B), and (C) do not
apply in the case of any vote or action taken by a member of the
General Assembly prior to January 1, 1992.
Section 8-13-750. (A) No public official, public member,
or public employee may cause the employment, appointment,
promotion, transfer, or advancement of a family member to a state
or local office or position in which the public official, public
member, or public employee supervises or manages.
(B) A public official, public member, or public employee may
not participate in an action relating to the discipline of the public
official's, public member's, or public employee's family
member.
Section 8-13-755. A former public official, former public
member, or former public employee holding public office,
membership, or employment on or after January 1, 1992, may not
for a period of one year after terminating his public service or
employment:
(1) serve as a lobbyist or represent clients before the agency
or department on which he formerly served in a matter which he
directly and substantially participated during his public service or
employment; or
(2) accept employment if the employment:
(a) is from a person who is regulated by the agency or
department on which the former public official, former public
member, or former public employee served or was employed;
and
(b) involves a matter in which the former public official,
former public member, or former public employee directly and
substantially participated during his public service or public
employment.
Section 8-13-760. Except as is permitted by regulations of
the State Ethics Commission, it is a breach of ethical standards for
a public official, public member, or public employee who is
participating directly in procurement, as defined in Section
11-35-310(22), to resign and accept employment with a person
contracting with the governmental body if the contract falls or
would fall under the public official's, public member's, or public
employee's official responsibilities.
Section 8-13-765. (A) No person may use government
personnel, equipment, materials, or an office building in an
election campaign. The provisions of this subsection do not apply
to a public official's use of an official residence.
(B) A government, however, may rent or provide public
facilities for political meetings and other campaign-related
purposes if they are available on similar terms to all candidates
and committees, as defined in Section 8-13-1300(6).
(C) This section does not prohibit government personnel,
where not otherwise prohibited, from participating in election
campaigns on their own time and on nongovernment
premises.
Section 8-13-770. A member of the General Assembly may
not serve in any capacity as a member of a state board or
commission, except for the State Budget and Control Board, the
Advisory Commission on Intergovernmental Relations, the
Legislative Audit Council, the Legislative Council, the Legislative
Information Systems, the Reorganization Commission, the
Judicial Council, the Sentencing Guidelines Commission, the
Commission on Prosecution Coordination, and the joint legislative
committees.
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 such contract. This section is not intended to infringe on
or prohibit public employment contracts with this State or a
political subdivision of this State.
Section 8-13-780. (A) The provisions of this section are in
addition to all other civil and administrative remedies against
public officials, public members, or public employees which are
provided by law.
(B) In addition to existing remedies for breach of the
ethical standards of this chapter or regulations promulgated
hereunder, the State Ethics Commission may impose an oral or
written warning or reprimand.
(C) The value of anything received by a public official,
public member, or public employee in breach of the ethical
standards of this chapter or regulations promulgated hereunder is
recoverable by the State or other governmental entity in an action
by the Attorney General against a person benefitting from the
violations.
(D) Before a public employee's employment or a public
official's or public member's association with the governmental
entity is terminated for a violation of the provisions of this
chapter, notice and an opportunity for a hearing must be provided
to the public official, public member, or public employee.
Section 8-13-785. (A) Nothing in Chapter 13 of Title 8
prevents an elected official from communicating, in writing, 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.
(B) The provisions of Articles 1 through 11 of this chapter 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.
Section 8-13-790. (A) The value of anything transferred or
received in breach of the ethical standards of Articles 1 through
11 of this chapter or regulations promulgated under it by a public
employee, public official, or a nonpublic employee or official may
be recovered from the public employee, public official, or
nonpublic employee or official.
(B) Upon a showing that a subcontractor made a kickback to a
pime contractor or a higher tier subcontractor in connection with
the award of a subcontract or order under it, it is conclusively
presumed that the amount of the kickback was included in the
price of the subcontract or order and ultimately borne by the State
or governmental entity and is recoverable hereunder from the
subcontractor making the kickback. Recovery from one offending
party does not preclude recovery from other offending parties.
Section 8-13-795. Nothing in Chapter 13 of Title 8
prevents a public official or a member of his immediate family
from being awarded an award, a grant, or scholarship, or
negatively reflects on a public official because of an award, a
grant, or scholarship awarded to the public official or to a member
of his immediate family on a competitive, objective basis if the
public official has not wilfully contacted any person involved in
the selection of the recipient, on behalf of the recipient, before the
award.
Article 9
Forms and Reports by Candidates for
Election
by the General Assembly
Section 8-13-910. No person who is a candidate for public
office which is filled by election by the General Assembly or with
the advice and consent of the Senate or the General Assembly
may be voted upon by the General Assembly or either house
thereof until at least ten days following the date on which the
candidate files a statement of economic interests as defined in this
chapter with the Chairman of the Senate Ethics Committee and
the Chairman of the House of Representatives Ethics Committee,
as appropriate.
Section 8-13-920. A person running for an office elected
by the General Assembly must file a report with the Chairman of
the Senate Ethics Committee and the Chairman of the House of
Representatives Ethics Committee of money in excess of one
hundred dollars spent by him or in his behalf in seeking the office.
The report must include the period beginning with the time he
first announces his intent to seek the office. The report must not
include travel expenses or room and board while campaigning.
Contributions made to members of the General Assembly during
the period from announcement of intent to election date must be
included. The report must be updated quarterly with an additional
report filed five days before the election and the final report filed
thirty days after the election. Persons soliciting votes on behalf of
candidates must submit expenses in excess of one hundred dollars
to the candidate which must be included on the candidate's report.
A copy of all reports received by the Senate Ethics Committee
and the House of Representatives Ethics Committee must be
forwarded to the State Ethics Commission within two business
days of receipt.
Section 8-13-930. No candidate for an office elected by the
General Assembly may seek directly the pledge of a member of
the General Assembly's vote until the qualifications of all
candidates for that office have been determined by the appropriate
joint committee to review candidates for that office. No member
of the General Assembly may offer a pledge until the
qualifications of all candidates for that office have been
determined by the appropriate joint committee to review
candidates for that office.
Article 11
Disclosure of Economic Interests
Section 8-13-1110. (A) No public official, regardless of
compensation, and no public member or public employee as
designated in subsection (B) may take the oath of office or enter
upon his official responsibilities unless he has filed a statement of
economic interests in accordance with the provisions of this
chapter with the appropriate supervisory office. If a public
official, public member, or public employee referred to in this
section has no economic interests to disclose, he shall
nevertheless file a statement of inactivity to that effect with the
appropriate supervisory office. All disclosure statements are
matters of public record open to inspection upon request.
(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;
(12) a consultant.
Section 8-13-1120. (A) A statement of economic interests
filed pursuant to Section 8-13-1110 must be on forms prescribed
by the State Ethics Commission and must contain full and
complete information concerning:
(1) the name, business or government address, and
workplace telephone number of the filer;
(2) the source, type, and amount or value of income, not
to include tax refunds, of substantial monetary value received
from a governmental entity by the filer or a member of the filer's
immediate family during the reporting period;
(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 the sale, lease, or rental of 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; or
(4) the sale, lease, or rental of personal property by the
filer or a member of the filer's immediate family if the sale, lease,
or rental of personal property is to a state, county, or municipal
instrumentality of government. In the sales, leases, or rentals, a
copy of the contract, lease, or rental agreement must be attached
to the statement of economic interests;
(5) the identity of every business or entity in which the
filer or a member of the filer's immediate family held or
controlled, in the aggregate, securities or interests constituting
five percent or more of the total issued and outstanding securities
and interests which constitute a value of one hundred thousand
dollars or more;
(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, other than for a credit card or retail installment
contract, and the original amount of the debt and amount
outstanding unless:
(i) the debt is promised or loaned by a bank,
savings and loan, or other licensed financial institution which
loans money in the ordinary course of its business and on terms
and interest rates generally available to a member of the general
public without regard to status as a public official, public member,
or public employee; or
(ii) the debt is promised or loaned by an
individual's family member if the person who promises or makes
the loan is not acting as the agent or intermediary for someone
other than a person named in this subitem; and
(b) the rate of interest charged the filer or a member
of the filer's immediate family for a debt required to be reported in
(a);
If a discharge of a debt required to be reported in (a) has been
made, the date of the transaction must be shown.
(7) the name of any lobbyist, as defined in Section
2-17-10(13) who is:
(a) an immediate family member of the filer;
(b) an individual with whom or business with which
the filer or a member of the filer's immediate family is
associated;
(8) if a public official, public member, or public
employee receives compensation from an individual or business
which contracts with the governmental entity with which the
public official, public member, or public employee serves or is
employed, the public official, public member, or public employee
must report the name and address of that individual or business
and the amount of compensation paid to the public official, public
member, or public employee by that individual or business;
(9) the source and a brief description of any gifts,
including transportation, lodging, food, or entertainment received
during the preceding calendar year from:
(a) a person, if there is reason to believe the donor
would not give the gift, gratuity, or favor but for the official's or
employee's office or position; or
(b) a person, or from an officer or director of a
person, if the public official or public employee has reason to
believe the person:
(i) has or is seeking to obtain contractual or
other business or financial relationship with the official's or
employee's agency; or
(ii) conducts operations or activities which are
regulated by the official's or employee's agency if the value of the
gift is twenty-five dollars or more in a day or if the value totals, in
the aggregate, two hundred dollars or more in a calendar year.
(B) This article does not require the disclosure of economic
interests information concerning:
(1) a spouse separated pursuant to a court order from the
public official, public member, or public employee;
(2) a former spouse;
(3) a campaign contribution that is permitted and reported
under Article 13 of this chapter; or
(4) matters determined to require confidentiality pursuant
to Section 2-17-(90)(E).
Section 8-13-1130. In addition to the statement of economic
interests required pursuant to Section 8-13-1110, a person
required to file the statement shall further report to the appropriate
supervisory office the name of any person he knows to be a
lobbyist as defined in Section 2-17-10(13) or a lobbyist's principal
as defined in Section 2-17-10(14) and knows that the lobbyist or
lobbyist's principal has in the previous calendar year purchased
from the filer, a member of the filer's immediate family, an
individual with whom the filer is associated, or a business with
which the filer is associated, goods or services in an amount in
excess of two hundred dollars.
Section 8-13-1140. A person required to file a statement of
economic interests under this chapter shall file an updated
statement for the previous calendar year with the appropriate
supervisory office annually, no later than April fifteenth of each
calendar year, listing any addition, deletion, or change in his
economic status with respect to which information is required to
be supplied under this article. If the person has filed the
description by name, amount, and schedule of payments of a
continuing arrangement relating to an item required to be reported
under this article, an updating statement need not be filed for each
payment under the continuing arrangement, but only if the
arrangement is terminated or altered.
Section 8-13-1150. A consultant must file a statement of
economic interests 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.
Section 8-13-1160. (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 two business days of receipt.
(B) Within two 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.
Section 8-13-1170. (A) The appropriate supervisory office
may, in its discretion, determine that errors or omissions on
statements of economic interests are inadvertent and unintentional
and not an effort to violate a requirement of this chapter and may
be handled as technical violations 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 public official, public member, or public employee filing the
statement. In lieu of all other penalties, the appropriate
supervisory office may assess a technical violations penalty not
exceeding fifty dollars.
(B) The appropriate supervisory office may grant a reasonable
extension of time for filing a statement of economic interests. The
extension may not exceed thirty days except in cases of illness or
incapacitation.
Section 8-13-1180. (A) An elective official or the elective
official's agent may not knowingly solicit a contribution from an
employee in the elective official's area of official
responsibility.
(B) A public official or public employee may not provide an
advantage or disadvantage to a public employee or applicant for
public employment concerning employment, conditions of
employment, or application for employment based on the
employee's or applicant's contribution, promise to contribute, or
failure to contribute to a candidate, a political party, as defined in
Section 8-13-1300(26) or a committee, as defined in Section
8-13-1300(6).
Article 13
Campaign Practices
Section 8-13-1300. As used in this article:
(1) `Appropriate supervisory office' means:
(a) the State Ethics Commission for all candidates for
public office in this State except for members of or candidates for
the office of State Senator or State Representative;
(b) the Senate Ethics Committee for members of or
candidates for the office of State Senator, and the House of
Representatives Ethics Committee for members of or candidates
for the office of State Representative;
(c) the State Ethics Commission for all committees,
except legislative caucus committees, supporting or opposing a
ballot measure or supporting or opposing a candidate;
(d) the Senate Ethics Committee for all legislative caucus
committees affiliated with the Senate, the House of
Representatives Ethics Committee for all legislative caucus
committees affiliated with the House of Representatives, and both
ethics committees for all legislative caucus committees affiliated
with both houses.
(2) `Ballot measure' means a referendum, proposition, or
measure submitted to voters for their approval.
(3) `Business' means a corporation, partnership,
proprietorship, firm, an enterprise, a franchise, an association,
organization, or a self-employed individual.
(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.
`Candidate' does not include a candidate within the meaning of
Section 431(b) of the Federal Election Campaign Act of 1976.
(5) `Charitable organization' means an organization described
in Title 26, Section 170(c) of the United States Code as it
currently exists or as it may be amended.
(6) `Committee' means an association, a club, an organization,
or a group of persons which, to influence the outcome of an
elective office or a ballot measure, receives contributions or
makes expenditures in excess of five hundred dollars in the
aggregate during an election cycle. It also means an individual
who, to influence the outcome of an elective office or a ballot
measure, makes 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. `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.
(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 ballot measure; 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.
(8) `Corporation' means an entity organized in the corporate
form under federal law or the laws of any state.
(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.
(10) `Election cycle' means the period of a term of office
beginning on the day after the general election for the office, up to
and including the following general election for the same office,
including a primary, special primary, or special election; however,
the contribution limits under Sections 8-13-1314 and 8-13-1316
apply only to elections occurring on or after January 1, 1992, and
are for each primary, runoff, or special election in which a
candidate has opposition and for each general election. If the
candidate remains unopposed during an election cycle, one
contribution limit shall apply.
(11) `Elective office' means an office at the state, county,
municipal or political subdivision level. For the purposes of this
article, the term `elective office' does not include an office under
the unified judicial system except for purposes of campaign
practices, campaign disclosure, and disclosure of economic
interests. `Elective office' includes the office of probate
judge.
(12) `Expenditure' means a purchase, payment, loan,
forgiveness of a loan, an advance, in-kind contribution or
expenditure, a deposit, transfer of funds, gift of money, or
anything of value for any purpose.
(13) `Expenditures incurred' means an amount owed to a
creditor for purchase of delivered goods or completed
services.
(14) `Family member' means an individual who is:
(a) the spouse, parent, brother, sister, child,
mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparent, or grandchild; or
(b) a member of the individual's immediate family.
(15) `Gift' means anything of value, including
entertainment, food, beverage, travel, and lodging given for pay to
a public official or public employee to the extent that
consideration of equal or greater value is not received. A gift
includes a rebate or discount on the price of anything of value
unless it is made in the ordinary course of business without regard
to that person's status. A gift does not include campaign
contributions accepted pursuant to this article.
(16) `Immediate family' means:
(a) a child residing in a candidate's, public official's,
public member's, or public employee's household;
(b) a spouse of a candidate, public official, public
member, or public employee; or
(c) an individual claimed by the candidate, public official,
public member, or public employee or the candidate's, public
official's, public member's, or public employee's spouse as a
dependent for income tax purposes.
(17) `Independent expenditure' means:
(a) an expenditure made by a person to advocate the
election or defeat of a clearly identified candidate; 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.
(18) `Individual' means one human being.
(19) `Individual with whom he is associated' means an
individual with whom the person or a member of his immediate
family mutually has an interest in a business of which the person
or a member of his immediate family is a director, an officer,
owner, employee, a compensated agent, or holder of stock worth
one hundred thousand dollars or more at fair market value and
which constitutes five percent or more of the total outstanding
stock of any class.
(20) `In-kind contribution or expenditure' means goods or
services which are provided to or by a person at no charge or for
less than their fair market value.
(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;
(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 each
racial-, ethnic-, or gender-based affinity.
(22) `Loan' means a transfer of money, property,
guarantee, or anything of value in exchange for an obligation,
conditional or not, to repay in whole or in part.
(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, public
official, or ballot measure, 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.
(24) `Party committee' means a committee established by a
political party.
(25) `Person' means an individual, a proprietorship, firm,
partnership, joint venture, joint stock company, syndicate,
business trust, an estate, a company, committee, an association, a
corporation, club, labor organization, or any other organization or
group of persons acting in concert.
(26) `Political party' means an association, a committee, or
an organization which nominates a candidate whose name appears
on the election ballot as the candidate of that association,
committee, or organization.
(27) `Public employee' means a person employed by the
State, a county, a municipality, or a political subdivision
thereof.
(28) `Public official' means an elected or appointed official
of the State, a county, a municipality or a political subdivision
thereof, including candidates for the office. However, `public
official' does not mean a member of the judiciary except for
purposes of campaign financing. A probate judge is considered a
public official and must meet the requirements of this article.
(29) `Statewide office' means an elective office other than
a federal office eligible to be voted upon by all electors of the
State.
(30) `Transfer' means the movement or exchange of funds
or anything of value between committees and candidates except
the disposition of surplus funds or material assets by a candidate
to a party committee, as provided in this article.
Section 8-13-1302. (A) A candidate or committee shall
maintain and preserve an account of:
(1) the total of contributions accepted by the candidate or
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 or 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.
(B) The candidate or committee must maintain and preserve
all receipted bills and accounts required by this article for four
years.
Section 8-13-1304. 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 or 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 committee which expends more than
five hundred dollars in the aggregate during an election cycle to
influence the outcome of an elective office or a ballot measure
must file a statement of organization with the State Ethics
Commission no later than five days after making the
expenditure.
Section 8-13-1306. (A) The statement of organization of a
committee must include:
(1) the full name of the committee;
(2) the complete address and telephone number of the
committee;
(3) the date the committee was organized;
(4) a summary of the purpose of the committee;
(5) the name and address of a corporation or an
organization that sponsors the committee or is affiliated with the
committee. If the committee is not sponsored by or affiliated with
a corporation or an organization, the committee must specify the
trade, profession, or primary interest of contributors to the
committee;
(6) the full name, address, telephone number, occupation,
and principal place of business of the chairman and treasurer of
the 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 maintains its campaign account and the number of
the account;
(9) a certification of the statement by the chairman and
the treasurer.
(B) The name of the 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.
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 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 as provided in subsection (D).
(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.
(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 twenty-day period before 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 twenty days before the election 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) 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.
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 two
business days of receipt.
(C) Within two 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.
(D) As provided in Section 8-13-1372, the State Election
Commission must review all statements forwarded to it by the
State Ethics Commission for inadvertent and unintentional errors
or omissions.
Section 8-13-1312. A candidate may not establish more than
one campaign checking account and one campaign savings
account for each office sought, and a committee may not establish
more than one checking account and one savings account unless
federal or state law requires additional accounts. For purposes of
this article, certificates of deposit or other interest bearing
instruments are not considered separate accounts. A candidate's
accounts must be established in a financial institution that
conducts business within the State and in an office located within
the State that conducts business with the general public. The
candidate or a duly authorized officer of a committee must
maintain the accounts in the name of the candidate or committee.
An acronym must not be used in the case of a candidate's
accounts. An acronym or abbreviation may be used in the case of
a committee's accounts if the acronym or abbreviation commonly
is known or clearly recognized by the general public. Except as
otherwise provided under Section 8-13-1348(C), expenses paid on
behalf of a candidate or committee must be drawn from the
campaign account and issued on a check signed by the candidate
or a duly authorized officer of a committee. All contributions
received by the candidate or committee, directly or indirectly,
must be deposited in the campaign account by the candidate or
committee within ten days after receipt. All contributions
received by an agent of a candidate or committee must be
forwarded to the candidate or committee not later than five days
after receipt. A contribution must not be deposited until the
candidate or committee receives information regarding the name
and address of the contributor. If the name and address cannot be
determined within ten days after receipt, the contribution must be
remitted to the Children's Trust Fund.
Section 8-13-1314. (A) Within an election cycle, no
candidate or anyone acting on his behalf may solicit or accept:
(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 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 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 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.
Section 8-13-1318. If a candidate has a debt from a
campaign for an elective office, the candidate may accept
contributions to retire the debt, even if the candidate accepts
contributions for another elective office or the same elective
office during a subsequent election cycle, as long as those
contributions accepted to retire the debt are:
(1) within the contribution limits applicable to the last election
in which the candidate sought the elective office for which the
debt was incurred; and
(2) reported as provided in this article.
Section 8-13-1320. For purposes of this article:
(1) A contribution made on or before the seventh day after a
primary or primary runoff is attributed to the primary or primary
runoff, respectively.
(2) A contribution made on or before the end of the quarter
immediately following a general election or special election is
attributed to the general election or special election,
respectively.
Section 8-13-1322. (A) A person may not contribute to a
committee and a committee may not accept from a person
contributions aggregating more than three thousand five hundred
dollars in a calendar year.
(B) A person may not contribute to a committee and a
committee may not accept from a person a cash contribution
unless the cash contribution does not exceed twenty-five dollars
for each election and is accompanied by a record of the amount of
the contribution and the name and address of the contributor.
Section 8-13-1324. (A) A person may not make an
anonymous contribution to a candidate or committee and a
candidate or 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.
Section 8-13-1326. (A) A loan is considered a contribution
from the maker or the guarantors of the loan and is subject to the
contribution limitations of this article.
(B) A loan to a candidate must be by written agreement.
(C) The proceeds of a loan made to a candidate under the
following conditions are not subject to the contribution limits of
this article:
(1) by a commercial lending institution;
(2) in the regular course of business;
(3) on the same terms ordinarily available to members of
the public; and
(4) secured or guaranteed upon which collection is not
made.
Section 8-13-1328. (A) A candidate for statewide office or
the candidate's family member must not be repaid, for a loan made
to the candidate, more than twenty-five thousand dollars in the
aggregate after the election.
(B) A candidate for an elective office other than those
specified in subsection (A) or a family member of a candidate for
an elective office other than those specified in subsection (A)
must not be repaid, for a loan made to the candidate, more than
ten thousand dollars in the aggregate after the election.
Section 8-13-1330. Contributions by each spouse are
considered separate contributions and are not attributable to the
other spouse. Contributions by unemancipated children under
eighteen years of age are considered contributions by their
parents. Fifty percent of the contributions are attributed to each
parent, or in the case of a single custodial parent, the total amount
is attributed to the custodial parent.
Section 8-13-1332. It is unlawful for:
(1) a 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 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
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;
(4) an organization or committee of an organization to solicit
contributions to the organization or committee from a person
other than its members and their families.
Section 8-13-1334. Notwithstanding Section 8-13-1332, a
corporation or organization and their committees may through
biannual seminars or at the time of hiring nonexecutive and
nonadministrative personnel provide educational materials to such
personnel explaining their organization, purposes, and operation
and also may request contributions to their committees if the
committees certify in their reports, as required under Section
8-13-1308, that the requirements of Section 8-13-1332 are
met.
Section 8-13-1336. (A) No public official, candidate, public
employee, or committee may accept or solicit campaign
contributions on the State Capitol grounds, including the office
complexes located on them, or in any building which houses the
principal office of a statewide officer.
(B) No public official, candidate, public employee, or
committee may accept or collect campaign contributions on the
grounds of or in any building which houses the official residence
of a statewide officer.
(C) Contributions delivered by mail are excluded from the
provisions of this section.
Section 8-13-1338. (A) The following persons personally
may not solicit, verbally or in writing, a contribution to a
candidate:
(1) a law enforcement officer while in uniform;
(2) a judge or candidate for judicial office;
(3) a solicitor, an assistant solicitor, or an investigator in a
solicitor's office;
(4) the Attorney General, a deputy attorney general, an
assistant attorney general, or an investigator in the Attorney
General's office.
(B) The restrictions of subsection (A) on solicitation of
contributions do not apply to:
(1) a candidate soliciting a contribution to his own
campaign; or
(2) a part-time assistant solicitor.
(C) A law enforcement officer while in uniform may not
solicit a contribution to any political party or candidate.
Section 8-13-1340. (A) A candidate may not make a
contribution to another candidate or make an independent
expenditure on behalf of another candidate.
(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).
Section 8-13-1342. No person who has been awarded a
contract with the State, a county, a municipality, or a political
subdivision thereof, other than contracts awarded through
competitive bidding practices, may make a contribution after the
awarding of the contract or invest in a financial venture in which a
public official has an interest if that official was in a position to
act on the contract's award. No public official or public employee
may solicit campaign contributions or investments in exchange for
the prior award of a contract or the promise of a contract with the
State, a county, a municipality, or a political subdivision
thereof.
Section 8-13-1344. (A) A public utility may not include in
its operating expenses a contribution or expenditure to influence
an election or to operate a political action committee.
(B) A person may not solicit from a candidate, committee,
political party, or other person, money or other property as a
condition or consideration for an endorsement, article, or other
communication in the news media promoting or opposing a
candidate, committee, or political party.
(C) An employer may not provide an advantage or
disadvantage to an employee concerning the employee's
employment or conditions of employment based on the
employee's contribution, promise to contribute, or failure to
contribute to a candidate, committee, or political party.
(D) A person may not, directly or indirectly, reimburse a
person, except for the person's immediate family, for a
contribution to a candidate, committee, or political party.
Section 8-13-1346. A person may not use or authorize the
use of public funds, property, or time to influence the outcome of
an election. 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.
Section 8-13-1348. (A) No candidate, committee, public
official, or political party may use campaign funds to defray
personal expenses which are unrelated to the campaign or the
office if the candidate is an officeholder nor may these funds be
converted to personal use. The prohibition of this subsection does
not extend to the incidental personal use of campaign materials or
equipment nor to an expenditure used to defray any ordinary
expenses incurred in connection with an individual's duties as a
holder of elective office.
(B) The payment of reasonable and necessary travel expenses
or for food or beverages consumed by the candidate or members
of his immediate family while at, and in connection with, a
political event are permitted.
(C) An expenditure of more than twenty-five dollars must be
made by a written instrument drawn upon the campaign account
containing the name of the candidate or committee and the name
of the recipient. Expenditures of twenty-five dollars or less that
are not made by a written instrument containing the name of the
candidate or committee and the name of the recipient must be
accounted for by a written receipt or written record.
(D) An expenditure may not be made that is clearly in excess
of the fair market value of services, materials, facilities, or other
things of value received in exchange.
(E) A candidate or a duly authorized officer of a committee
may not withdraw more than one hundred dollars from the
campaign account to establish or replenish a petty cash fund for
the candidate or committee at any time, and at no time may the
fund exceed one hundred dollars. Expenditures from the petty
cash fund may be made only for office supplies, food,
transportation expenses, and other necessities and may not exceed
twenty-five dollars for each expenditure.
Section 8-13-1350. (A) A candidate for elective office may
use or permit the use of contributions solicited for or received by
the candidate for that office to further the candidacy of the
individual for a different office as long as the contributions have
been received on or before December 31, 1992, and have been
transferred to a campaign account for the different office on or
before December 31, 1992. A contribution solicited for or
received on behalf of the candidate is considered solicited or
received for the candidacy for which the individual is then a
candidate if the funds or contributions are solicited or received
before the general election for which the candidate is a nominee
or is unopposed. The prohibition on the use or solicitation of
funds does not limit in any way a candidate from retaining funds
for use in a subsequent race for the same elective office.
(B) Any assets or funds which are:
(1) the proceeds of a campaign contribution which are
held by or under the control of a public official or a candidate for
public office on January 1, 1993; and
(2) which continue to be held by or under the control of a
public official or a candidate for public office on January 1,
1993;
are subject to the provisions of subsection (A).
Section 8-13-1352. Notwithstanding the provisions of
Section 8-13-1350, a candidate may use or permit the use of
contributions solicited for or received by the candidate to further
the candidacy of the individual for an elective office other than
the elective office for which the contributions were received
if:
(1) the person originally making the contribution gives
written authorization for its use to further the candidacy of the
individual for a specific office which is not the office for which
the contribution was originally intended; and
(2) the contribution is otherwise permitted by law.
Section 8-13-1354. A person who makes an independent
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.
Section 8-13-1356. (A) This section applies to a person
who has not filed a statement for the calendar year as a public
official under Section 8-13-1110.
(B) A candidate must file a statement of economic interests for
the preceding calendar year at the same time and with the same
official with whom the candidate files a declaration of candidacy
or petition for nomination.
(C) The official with whom the candidate files a declaration of
candidacy or petition for nomination must, no later than five
business days after receiving a candidate's statement of economic
interests under subsection (B), file a copy of the statement with
the appropriate supervisory office.
(D) An individual who becomes a candidate other than by
filing must, no later than fifteen business days after becoming a
candidate, file a statement of economic interests for the preceding
calendar year with the appropriate supervisory office.
(E) An officer authorized to receive declarations of candidacy
and petitions for nominations under the provisions of Chapter 11
of Title 7 may not accept a declaration of candidacy or petition for
nomination unless the declaration or petition is accompanied by a
statement of economic interests. If the candidate's name
inadvertently appears on the ballot, the officer authorized to
receive declarations of candidacy or petitions for nomination must
not certify the candidate subsequent to the election.
(F) If the candidate files for office before January first of the
year in which the election is held, he must file a supplementary
statement covering the preceding calendar year no later than April
first of the year in which the election is held.
(G) A candidate who is not a public official otherwise filing a
statement has the same disclosure requirements as a public official
with the exception of reporting gifts.
(H) The State Ethics Commission must furnish to each clerk of
court in the State forms on which the statement of economic
interests shall be filed.
Section 8-13-1358. Certified campaign reports must be filed
on a format specified by the State Ethics Commission. The
reports filed must be typed or printed in ink on forms supplied by
the commission. A report may be filed with the commission on a
computerized printout if the commission approves the proposed
format and style.
Section 8-13-1360. (A) The State Ethics Commission shall
develop a contribution and expenditure reporting form which must
include:
(1) a designation as a pre-election or quarterly report and,
if a pre-election report, the election date;
(2) the candidate's name and address or, in the case of a
committee, the name and address of the committee;
(3) the balance of campaign accounts on hand at the
beginning and at the close of the reporting period and the location
of those campaign accounts;
(4) the total amount of all contributions received during
the reporting period; the total amount of contributions of one
hundred dollars or less in the aggregate from one source received
during the reporting period; and the name and address of each
person contributing more than one hundred dollars in the
aggregate during the reporting period, the date and amount of the
contribution, and the year-to-date total for each contributor.
Written promises or pledges to make a contribution must be
reported separately in the same manner as other monetary
contributions;
(5) the total amount of all loans received during the
reporting period and the total amount of loans for the year to date.
The report also must include the date and amount of each loan
from one source during the reporting period, the name and address
of each maker or guarantor of each loan, the year-to-date total of
each maker or guarantor, and the terms of the loan, including the
interest rate, repayment terms, loan payments, and existing
balances on each loan;
(6) the date and amount of any in-kind contributions of
more than one hundred dollars in the aggregate by one person
during the reporting period, and the contributor's name, address,
and year-to-date total;
(7) the total amount of all refunds, rebates, interest, and
other receipts not previously identified during the reporting
period, and their year-to-date total; the total amount of other
receipts received of one hundred dollars or less in the aggregate
from one source during the reporting period; the date and amount
of each refund, rebate, interest, or other receipt not previously
identified of more than one hundred dollars in the aggregate from
one source, the name and address and the year-to-date total for
each source;
(8) the aggregate total of all contributions, loans, and
other receipts during the reporting period and the year-to-date
total; the amount, date, and a brief description of each expenditure
made during the reporting period, the name and address of the
entity to which the expenditure was made, and the year-to-date
total of expenditures to that entity. Credit card expenses and
candidate reimbursements must be itemized so that the purpose
and recipient of the expenditure are identified;
(9) the total amount of all loans made during the reporting
period and the year-to-date total. The report also must include the
date and amount of each loan to one entity during the reporting
period, the name and address of each recipient of the loan, and the
terms of the loan, including the interest rate, repayment terms,
purpose of the loan, the year-to-date total, and existing
balances.
(B) A candidate or committee must disclose all information
required on the form developed under this section.
Section 8-13-1362. (A) If a candidate or committee has not
accepted any contributions and has not made any expenditures
during a reporting period, the candidate or a duly authorized
officer of the committee must file a statement of inactivity.
(B) A statement of inactivity must include the candidate's or
committee's name and address; the type of report, pre-election or
quarterly; and a statement by the candidate or a duly authorized
officer of the committee verifying that no contributions were
received and no expenditures were made during the reporting
period. For the purpose of this report, interest earned is not a
contribution.
Section 8-13-1364. The appropriate supervisory office must
send a notice of obligation to report and reporting forms by first
class mail no less than thirty days before the filing date for each
reporting period. A candidate or committee is not relieved of
reporting responsibilities if the notice or forms are not sent or if
the candidate or committee does not receive a notice or forms.
Section 8-13-1366. Certified campaign reports must be
made available for public inspection at the office of the State
Ethics Commission, the State Election 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.
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 may dissolve only after no longer accepting
contributions, incurring expenditures, or paying for expenditures
incurred.
(C) If a committee owes or is owed money, the committee may
dissolve but must report the status of the debt annually on the
same schedule as active 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.
Section 8-13-1370. (A) Contributions received by a
candidate that are in excess of expenditures during an election
cycle must be used by the candidate upon final disbursement:
(1) to defray ordinary and necessary expenses incurred in
connection with his duties in his public office;
(2) to be contributed to an organization exempt from tax
under Section 501(c)(3) of the Internal Revenue Code of 1986, a
political party, or a committee;
(3) to be maintained in the campaign account for a
subsequent race for the same elective office;
(4) to further the candidacy of the individual for a
different elective office. However, after December 31, 1992, the
funds must be used in a campaign for a different elective office
only as provided for in Section 8-13-1352;
(5) to be returned pro rata to all contributors;
(6) to be contributed to the state's general fund; or
(7) to be distributed using a combination of these
options.
(B) No candidate may expend contributions for personal
use.
(C) A 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 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) contributed to a political party or to another
committee;
(4) contributed to an organization exempt from tax under
Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options.
Section 8-13-1372. (A) The State Election 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
Election 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.
Article 15
Penalties
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, not exceeding five hundred
dollars.
Section 8-13-1520. 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. A violation of the provisions of
this chapter does not necessarily subject a public official to the
provisions of Section 8-13-560."
Felony offenses
SECTION 4. The felony offenses provided in Section 8-13-705
are added to the list of crimes classified as felonies in Section
16-1-10 of the 1976 Code.
Repeals
SECTION 5. Section 8-5-10 of the 1976 Code is repealed.
Section 2-17-70, as amended by this act, is repealed on July 1,
1993.
Deletions by Code Commissioner
SECTION 6. The Code Commissioner is directed to delete all
references to legislative members serving in any capacity as a
member of a state board or commission, except as allowed by
Section 8-13-770 of the 1976 Code.
Severability clause
SECTION 7. If any provision of this act or the application
thereof to any person is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be given
effect without the invalid provision or application and to this end
the provisions of this act are severable.
Time effective
SECTION 8. This act takes effect January 1, 1992, except
Section 8-13-1350 takes effect January 1, 1993, and the transfer of
duties from the Secretary of State to the State Ethics Commission
pursuant to Chapter 17 of Title 2 of the 1976 Code takes effect
July 1, 1993. Except as otherwise provided, this act governs only
transactions which take place after December 31, 1991.
Approved the 1st day of October, 1991. |