Staff Portal
spend% found 2 times.  |
|
H*3206 Session 115 (2003-2004) H*3206(Rat #0156, Act #0076 of 2003) General Bill, By Wilkins, Harrison, W.D. Smith, Stille, Bailey, Walker, Bales, G.M. Smith, Sandifer, Young, Keegan, Littlejohn, Kirsh, Taylor, Delleney, Ceips, Mahaffey, J.E. Smith, Bingham, Toole, Clemmons, Viers, Thompson, Hinson, McLeod, Owens and Edge VERSIONS OF THIS BILL
12/18/2002 1/22/2003 1/28/2003 1/28/2003-A 1/29/2003 1/30/2003 4/24/2003 4/30/2003 6/5/2003 (A76, R156, H3206)
AN ACT TO AMEND SECTION 2-17-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF LOBBYISTS, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-25, AS AMENDED, RELATING TO THE REGISTRATION OF A LOBBYIST PRINCIPAL, SO AS TO CHANGE THE REGISTRATION FEE AND TO PROVIDE WHEN A STATEMENT OF TERMINATION IS EFFECTIVE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND COMMITTEES OR SUBCOMMITTEES OF LEGISLATIVE CAUCUSES, AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY, TO INCREASE THE AMOUNT OF THE VALUE OF CERTAIN ITEMS A LOBBYIST PRINCIPAL, OR PERSON ACTING ON HIS BEHALF, MAY PROVIDE TO A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE, TO PROVIDE A METHOD FOR ADJUSTING THE DOLLAR AMOUNT OF THIS VALUE AND REQUIRE THE STATE ETHICS COMMISSION TO NOTIFY ALL LOBBYISTS' PRINCIPALS OF THE ADJUSTED LIMITATION AT THE TIME OF REGISTRATION; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR FILING A COMPLAINT CONCERNING A CANDIDATE FOR ELECTIVE OFFICE WITH THE COMMISSION DURING THE FIFTY-DAY PERIOD BEFORE THE ELECTION IN WHICH HE IS A CANDIDATE, TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION, AND TO REQUIRE THE COMMISSION TO FILE A CERTIFIED COPY OF AN ORDER OR DECISION OF THE COMMISSION IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE RESPONDENT OF A COMPLAINT RESIDES; TO AMEND SECTION 8-13-325, RELATING TO THE RETENTION OF FEES BY THE STATE ETHICS COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RETAIN CERTAIN FEES TO OFFSET COSTS ASSOCIATED WITH ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS AND ENFORCEMENT OF CHAPTER 17, TITLE 2; BY ADDING SECTION 8-13-365 SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO ESTABLISH A SYSTEM OF ELECTRONIC FILING FOR ALL DISCLOSURES AND REPORTS FROM CANDIDATES AND ENTITIES SUBJECT TO ITS JURISDICTION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO REQUIRE THE COMMITTEES TO ASCERTAIN WHETHER A PERSON HAS FAILED TO COMPLY FULLY AND ACCURATELY WITH DISCLOSURE REQUIREMENTS AND REQUIRE THEM TO PROMPTLY NOTIFY THE PERSON TO FILE THE NECESSARY NOTICES AND REPORTS, RECEIVE COMPLAINTS AND FILE COMPLAINTS UNDER CERTAIN CONDITIONS, TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE, AND TO PROVIDE A PROCEDURE FOR A PERSON TO PETITION THE COURT OF COMMON PLEAS DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION IN WHICH THE MEMBER OR CANDIDATE IS A CANDIDATE; TO AMEND SECTION 8-13-770, AS AMENDED, RELATING TO THE EXCEPTIONS FOR A MEMBER OF THE GENERAL ASSEMBLY TO SERVE AS A MEMBER OF A STATE BOARD OR COMMISSION, SO AS TO ADD THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "CANDIDATE" TO INCLUDE A PERSON WHO IS EXPLORING WHETHER OR NOT TO SEEK ELECTION AT THE STATE OR LOCAL LEVEL, TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES CONTRIBUTIONS AGGREGATING AT LEAST TWENTY-FIVE THOUSAND DOLLARS DURING AN ELECTION CYCLE TO OR AT THE REQUEST OF A CANDIDATE OR A COMMITTEE, OR A COMBINATION OF THEM, OR MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "CONTRIBUTION" TO INCLUDE CERTAIN ITEMS MADE OR OFFERED TO A CANDIDATE, WHETHER MADE OR OFFERED DIRECTLY OR INDIRECTLY, AND PROVIDE ADDITIONAL EXEMPTIONS FROM WHAT A CONTRIBUTION INCLUDES, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO SPECIFY THAT THE EXPENDITURE INCLUDES THOSE MADE DIRECTLY OR INDIRECTLY, INCLUDE WITHIN THE DEFINITION THAT THE EXPENDITURE MUST BE MADE WHEN TAKEN AS A WHOLE AND IN CONTEXT IT WAS MADE TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR BALLOT MEASURE, TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, BY DEFINING "BALLOT MEASURE COMMITTEE", "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE", "COORDINATED WITH", AND "OPERATION EXPENSES"; TO AMEND SECTION 8-13-1302, AS AMENDED, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AND REQUIRE A CANDIDATE OR COMMITTEE OR BALLOT MEASURE COMMITTEE TO MAINTAIN AND PRESERVE THE OCCUPATION OF EACH PERSON MAKING A CONTRIBUTION; TO AMEND SECTION 8-13-1304, AS AMENDED, RELATING TO THE REQUIREMENT THAT COMMITTEES, EXCEPT AN OUT-OF-STATE COMMITTEE, RECEIVING AND Be it enacted by the General Assembly of the State of South Carolina: Registration of lobbyists SECTION 1. Section 2-17-20(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(A) Any person who acts as a lobbyist must, within fifteen days of being employed, appointed, or retained as a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering must pay a fee of one hundred dollars and present to the State Ethics Commission 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, 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." Registration of lobbyists SECTION 2. Section 2-17-20(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(C) Each lobbyist who ceases to engage in lobbying requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which the lobbyist was registered pursuant to the provisions of this section." Registration of lobbyist's principal SECTION 3. Section 2-17-25(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(A) Any lobbyist's principal must, within fifteen days of employing, appointing, or retaining a lobbyist, register with the State Ethics Commission as provided in this section. Each person registering must pay a fee of one hundred 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, 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." Registration of lobbyist's principal SECTION 4. Section 2-17-25(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the lobbyist's principal was registered pursuant to this section." Lobbyist's report SECTION 5. The first paragraph of Section 2-17-30(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "Each lobbyist, no later than June thirtieth and January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" Lobbyist's principal's report SECTION 6. The first paragraph of Section 2-17-35(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than June thirtieth and January thirty-first of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" State agency lobbying report SECTION 7. The first paragraph of Section 2-17-40(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Each state agency or department must, no later than June thirtieth and January thirty-first of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to May thirty-first for the June thirtieth report, and are from June first to December thirty-first for the January thirty-first report. Any lobbying activity not reflected on the June thirtieth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:" Prohibited acts SECTION 8. Section 2-17-90(A)(1) of the 1976 Code, as last amended by Act 248 of 1991, is amended to read: "(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 their committees or subcommittees, 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. In addition, invitations may be extended and accepted when the invitation is extended to all members in attendance at (a) national and regional conventions and conferences of organizations for which the General Assembly pays annual dues as a membership requirement and (b) American Legislative Exchange Council conventions and conferences;" Prohibited acts SECTION 9. Section 2-17-90(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding: "(7) as to cabinet officers, a function to which all cabinet officers are invited." Prohibited acts SECTION 10. Section 2-17-90(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(B)(1) 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 subsection (A)(1), (A)(2), (A)(3), (A)(4), (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding fifty dollars in a day and four hundred dollars in a calendar year per public official, public employee, or cabinet officer. (2) The daily dollar limitation in item (1) must be adjusted on January first of each even-numbered year by multiplying the base amount by the cumulative Consumer Price Index and rounding it to the nearest five dollar amount. For purposes of this section, 'base amount' is the daily limitation of fifty dollars, and 'Consumer Price Index' means the Southeastern Consumer Price Index All Urban Consumers as published by the United States Department of Labor, Bureau of Labor Statistics. (3) The State Ethics Commission must determine the cumulative increase in the Consumer Price Index through June thirtieth in odd-numbered years, and determine the adjustment, if any, to be made in the daily limitation. The State Ethics Commission shall approve the adjustment of the annual amount to a figure eight times the adjusted daily limitation. (4) The State Ethics Commission must notify all lobbyists' principals of the adjusted limitations at the time of registration." Definitions SECTION 11. Section 8-13-100(12) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(12) 'Election' means: (a) a general, special, primary, or runoff election; (b) a convention or caucus of a political party held to nominate a candidate; or (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State." Duties and powers SECTION 12. Section 8-13-320(9)(b) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(b)(1) No complaint may be accepted by the commission concerning a candidate for elective office during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the: (i) petition is being presented for an improper purpose such as harassment or to cause delay; (ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and (iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery. (2) Action on a complaint filed against a candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election." Duties and powers SECTION 13. Section 8-13-320(10)(b) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission must dismiss the complaint and notify the complainant and respondent. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint." Duties and powers SECTION 14. Section 8-13-320 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an appropriately numbered item to read: "( ) to file, in the court of common pleas of the county in which the respondent of a complaint resides, a certified copy of an order or decision of the commission, whereupon the court must render judgment in accordance with the order or decision without charge to the commission and must notify the respondent of the judgment imposed. The judgment has the same effect as though it had been rendered in a case duly heard and determined by the court." Fees SECTION 15. Section 8-13-325 of the 1976 Code, as added by Act 6 of 1995, is amended to read: "Section 8-13-325. In order to offset costs associated with the: (1) administration and regulation of lobbyists and lobbyist's principals, and (2) enforcement of Chapter 17 of Title 2, the State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyists' principals and the initial fine of one hundred dollars, as provided in Section 2-17-50(A)(2)(a), and the initial fine of one hundred dollars, as provided in Section 8-13-1510(1), for reports received by the State Ethics Commission." Electronic filing SECTION 16. Chapter 13, Title 8 of the 1976 Code is amended by adding: "Section 8-13-365. (A) The commission must establish a system of electronic filing for all disclosures and reports required pursuant to Article 13 of Chapter 13 of Title 8 from all candidates and entities subject to its jurisdiction. These disclosures and reports for candidates and committees for statewide offices must be filed using an Internet-based filing system as prescribed by the commission. Reports and disclosures filed with the Ethics Committees of the Senate and House of Representatives for legislative offices must be in a format such that these filings can be forwarded to the State Ethics Commission using an Internet-based system. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable. (B) The Ethics Commission must submit to the General Assembly a report no later than one year after implementation of subsection (A), concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities." Powers and duties SECTION 17. Section 8-13-530 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-530. Each ethics committee shall: (1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter; (2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified; (3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2; (4) 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 during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the: (i) petition is being presented for an improper purpose such as harassment or to cause delay; (ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and (iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery. Action on a complaint filed against a member or candidate which was received more than fifty days before the election but 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; (5) 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; (6) 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 (7) 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." Prohibition on members of the General Assembly on state boards and commissions SECTION 18. Section 8-13-770 of the 1976 Code, as last amended by Section 69A.4, Part II, Act 387 of 2000, is further amended to read: "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 Judicial Council, the Sentencing Guidelines Commission, the Commission on Prosecution Coordination, the South Carolina Tobacco Community Development Board, the Tobacco Settlement Revenue Management Authority, the South Carolina Transportation Infrastructure Bank, and the joint legislative committees." Definition SECTION 19. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(4) 'Candidate' means: (a) a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election; (b) a person who is exploring whether or not to seek election at the state or local level; or (c) a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976." Definition SECTION 20. Section 8-13-1300(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office, makes: (a) contributions aggregating at least twenty-five thousand dollars during an election cycle to or at the request of a candidate or a committee, or a combination of them; or (b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate. 'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election." Definition SECTION 21. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(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 payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) 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 committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312." Definition SECTION 22. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(9) 'Election' means: (a) a general, special, primary, or runoff election; (b) a convention or caucus of a political party held to nominate a candidate; or (c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State." Definition SECTION 23. Section 8-13-1300(17) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(17) 'Independent expenditure' means: (a) an expenditure made directly or indirectly by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and (b) when taken as a whole and in context, the expenditure made by a person to influence the outcome of an elective office or ballot measure but which is not: (i) made to; (ii) controlled by; (iii) coordinated with; (iv) requested by; or (v) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee. Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate." Definition SECTION 24. Section 8-13-1300 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an appropriately numbered item at the end to read: "( ) 'Ballot measure committee' means: (a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle; (b) a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to or at the request of a ballot measure committee; or (c) a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle." Definition SECTION 25. Section 8-13-1300 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an item at the end to read: "(31) 'Influence the outcome of an elective office' means: (a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; (b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'; or (c) any communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, 'communication' means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than $five thousand dollars that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members." Definition SECTION 26. Section 8-13-1300 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding an appropriately numbered item at the end to read: "( ) 'Coordinated with' means discussion or negotiation between a candidate or a candidate's agent and: (a) a person; (b) an agent of a person; (c) any other agent of a candidate; or (d) any combination of these concerning, but not limited to, a political communication's: (1) contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications; (2) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events; (3) location, including the proximity to other political communications, or geographical targeting, or both; (4) mode, including the medium (phone, broadcast, print, etc.) of the communication; (5) intended audience, including the demographic or political targeting, or geographical targeting; and (6) volume, including the amount, frequency, or size of the political communication." Definition SECTION 27. Section 8-13-1300 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding appropriately numbered items at the end to read: "( ) 'Operation expenses' means expenditures for salaries and/or fringe benefits for part-time, full-time, temporary and/or contract employees; meeting expenses, travel, utilities, communications and/or communications equipment whether leased or purchased, printing or printing services, postage, food and/or beverage, advertising, consulting services, and/or any other expenditures which are not an authorized contribution to a candidate, committee, or ballot measure committee." Maintenance of records SECTION 28. Section 8-13-1302 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1302. (A) A candidate, committee, or ballot measure committee must maintain and preserve an account of: (1) the total amount of contributions accepted by the candidate, committee, or ballot measure committee; (2) the name and address of each person making a contribution and the amount and date of receipt of each contribution; (3) the total amount of expenditures made by or on behalf of the candidate, committee, or ballot measure committee; (4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; (5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and (6) the occupation of each person making a contribution. (B) The candidate, committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years." Statement of organization SECTION 29. Section 8-13-1304 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure. (B) A ballot measure committee, except an out-of-state ballot measure committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure." Contents of statement of organization SECTION 30. Section 8-13-1306 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include: (1) the full name of the committee or ballot measure committee; (2) the complete address and telephone number of the committee or ballot measure committee; (3) the date the committee or ballot measure committee was organized; (4) a summary of the purpose of the committee or ballot measure committee; (5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee; (6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee; (7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if the custodian is not one of the designated officers; (8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and (9) a certification of the statement by the chairman and the treasurer. (B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public. (C) The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change." Filing of campaign reports SECTION 31. Section 8-13-1308(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling an accumulated aggregate of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate who does not receive or expend campaign contributions totaling an accumulated aggregate of five hundred dollars or more must file an initial certified campaign report fifteen days before an election." Filing of campaign reports SECTION 32. Section 8-13-1308(D)(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(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 period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request." Filing of campaign reports SECTION 33. Section 8-13-1308(F)(2) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "(2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;" Filing of campaign reports SECTION 34. Section 8-13-1308 of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding a new item to read: "(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee must file a certified campaign report upon the receipt of anything of value which totals in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party also must comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee." Ballot measure committee to file reports SECTION 35. Chapter 13, Title 8 of the 1976 Code is amended by adding: "Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures. (B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C). (C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request. (D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election. (E) Certified campaign reports detailing campaign contributions and expenditures must contain: (1) the total amount of contributions accepted by the ballot measure committee; (2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution; (3) the total amount of expenditures made by or on behalf of the ballot measure committee; and (4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure." Reports to be filed with appropriate office SECTION 36. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read: "Section 8-13-1310. (A) All persons required to file certified campaign reports pursuant to the provisions of this article must file those reports with the appropriate supervisory office. (B) The Ethics Committees of the Senate and the House of Representatives must forward a copy of each statement filed with them to the State Ethics Commission within five business days of receipt. (C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the person required to file. (D) As provided in Section 8-13-1372, the State Ethics Commission must review all statements for inadvertent and unintentional errors or omissions." Campaign bank accounts SECTION 37. Section 8-13-1312 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1312. Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall 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 seven days after receipt, the contribution must be remitted to the Children's Trust Fund." Campaign contribution limits and restrictions SECTION 38. Section 8-13-1314 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1314. (A) Within an election cycle, no candidate or anyone acting on his behalf shall solicit or accept, and no person shall give or offer to give to a candidate or person acting on the candidate's behalf: (1) a contribution which exceeds: (a) three thousand five hundred dollars in the case of a candidate for statewide office; or (b) one thousand dollars in the case of a candidate for any other office; (2) a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor; (3) a contribution from, whether directly or indirectly, a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; (4) contributions for two elective offices simultaneously, except as provided in Section 8-13-1318. (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." Restrictions on campaign contributions SECTION 39. Section 8-13-1316 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1316. (A) Notwithstanding Section 8-13-1314(A)(1), within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than: (1) fifty thousand dollars in the case of a candidate for statewide office; or (2) five thousand dollars in the case of a candidate for any other office. (B) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund." Anonymous campaign contributions SECTION 40. Section 8-13-1324 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1324. (A) A person shall not make an anonymous contribution to a candidate, committee, or ballot measure committee, and a candidate, committee, or ballot measure committee shall 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 shall not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund." Unlawful contributions and expenditures SECTION 41. Section 8-13-1332 of the 1976 Code, as added by Act 248 of 1991, is amended to read: "Section 8-13-1332. It is unlawful for: (1) a committee or ballot measure committee to make a contribution or expenditure by using: (a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; (b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or (c) monies obtained by the committee or the ballot measure committee in a commercial transaction; (2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution; (3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families, except as provided in Section 8-13-1333." Not-for-profit corporations may solicit contributions SECTION 42. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding: "Section 8-13-1333. (A) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public. (B) An organization or a committee of an organization may solicit contributions from the general public." Restrictions on contributions to another candidate SECTION 43. Section 8-13-1340 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1340. (A) Except as provided in subsections (B) and (E), a candidate or public official shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official. (B) This section does not prohibit a candidate from: (1) making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or (2) providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article. (C) Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A). (D) A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable: (1) the candidate or public official, or an agent of either, has signature authority on the committee's checks; (2) funds contributed or disbursed by the committee are authorized or approved by the candidate or public official; (3) the candidate or public official is clearly identified on either the stationery or letterhead of the committee; (4) the candidate or public official signs solicitation letters or other correspondence on behalf of the entity; (5) the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or (6) the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year. (E) The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee. (F) No committee operating under the provisions of Section 8-13-1340(E) may: (1) solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; or (2) transfer anything of value to any other committee except as a contribution under the limitations of Section 8-13-1314(A) or the dissolution provisions of Section 8-13-1370." Forms of reports SECTION 44. Section 8-13-1358 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1358. Except as provided in Section 8-13-365, 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." Public availability of reports SECTION 45. Section 8-13-1366 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commission, ethics committees, and county clerks of court shall not require any information or identification as a condition of viewing a report or reports. The commission, ethics committees, and the county clerks of court must ensure that the reports are available for copying or purchase at a reasonable cost." Termination of campaign filing requirements SECTION 46. Section 8-13-1368 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred. (B) Committees and ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred. (C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report. (D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition." Unexpended funds SECTION 47. Section 8-13-1370(C) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(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 pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code ; or (5) distributed using a combination of these options." Unexpended funds SECTION 48. Section 8-13-1370 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an item to read: "(D) A ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be: (1) contributed to the state's general fund; (2) returned pro rata to all contributors; (3) contributed to another ballot measure committee; (4) contributed to an organization exempt from tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code; or (5) distributed using a combination of these options." Use of funds SECTION 49. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding: "Section 8-13-1371. (A) A ballot measure committee must not use or permit the use of contributions solicited for or received by the ballot measure committee for any purpose other than the purpose for which the ballot measure committee was originally created, unless the person making the contribution gives written authorization for a different use other than for which the contribution was originally intended. (B) The State Ethics Commission has jurisdiction to seize all funds in a ballot measure committee's account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates any provision of this section. (C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee's account after the election or referendum must be distributed in accordance with subsection (D) of this section. (D) The seized funds must be: (1) contributed to the state's general fund; (2) contributed to an organization exempt from tax pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986; (3) returned pro rata to all contributors; or (4) distributed using a combination of these options." Technical violations SECTION 50. Section 8-13-1372 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1372. (A) The State Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Ethics Commission may assess a technical violations penalty not to exceed fifty dollars. (B) A violation other than an inadvertent or unintentional violation must be referred to the appropriate supervisory office for appropriate action." Budget and Control Board must defend actions SECTION 51. Chapter 13, Title 8 of the 1976 Code is amended by adding: "Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, must defend the action brought against the State or the political subdivision. In cases where the Attorney General refuses to defend such an action, the Budget and Control Board must consult with the President Pro Tempore of the Senate and the Speaker of the House of Representatives in the selection of counsel and in other matters relating to the management of the litigation." Penalty SECTION 52. Section 8-13-1510 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows: (1) a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or (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 per day for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed." Violation constitutes misdemeanor SECTION 53. Section 8-13-1520 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. (B) A person who violates any provision of this Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to the provisions of this Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both. (C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." Definition SECTION 54. Section 8-13-1300(21) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read: "(21) 'Legislative caucus committee means: (a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political-, racial-, ethnic-, or gender-based affinity. (b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender." Severability clause SECTION 55. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective. Savings clause SECTION 56. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. Time effective SECTION 57. This act takes effect upon approval by the Governor, except that Sections 5, 6, and 7 take effect January 1, 2004; Sections 15, 43, and 52 take effect July 1, 2003; Sections 16 and 44 take effect November 3, 2004, if funding is appropriated by the General Assembly for this purpose, and apply to: (1) reports required to be filed with the commission after November 2, 2004, by candidates and committees for statewide offices, and (2) the forwarding of filings after November 2, 2004, to the commission by the Ethics Committees of the Senate and House of Representatives, pursuant to Section 8-13-365(A), and take effect January 2006 for these candidates and entities, notwithstanding the failure of the General Assembly to appropriate such funds for this purpose; Sections 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 37, 38, 39, 49, 53, and 54 take effect November 3, 2004; and the amendments to Section 8-13-1340 as contained in Section 42 (effective July 1, 2003), apply to contributions and transfers made on and after the effective date. Ratified the 5th day of June, 2003. Approved the 26th day of June, 2003.
|
