Current Status Introducing Body:House Bill Number:3066 Primary Sponsor:Keegan Committee Number:25 Type of Legislation:GB Subject:Ethics, detailed provisions Residing Body:House Current Committee:Judiciary Computer Document Number:3066 Introduced Date:Jan 08, 1991 Last History Body:House Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Keegan Waites Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3066 House Jan 08, 1991 Introduced and read first 25
time, referred to Committee
3066 House Dec 12, 1990 Prefiled, referred to 25
Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-640 SO AS TO PROHIBIT A CANDIDATE FOR PUBLIC OFFICE, PUBLIC OFFICIAL, OR HIS AGENT FROM ACCEPTING CASH CONTRIBUTIONS AND TO PROVIDE PENALTIES; TO AMEND SECTIONS 8-13-10, 8-13-20, AS AMENDED, 8-13-120, 8-13-610, 8-13-620, 8-13-810, AND 8-13-830, RELATING TO THE FINDINGS OF THE GENERAL ASSEMBLY REGARDING ETHICS, DEFINITION OF "SUPERVISORY OFFICE", DUTIES OF THE STATE ETHICS COMMISSION, FILING OF A STATEMENT OF ECONOMIC INTERESTS, ELECTION CAMPAIGN RECORDS, FILING THE STATEMENT BEFORE TAKING OATH OR COMMENCING EMPLOYMENT, AND REPORTING ON NAME OF, PURCHASES BY, OR GIFTS FROM LOBBYISTS, SO AS TO INCLUDE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION; TO REQUIRE CAMPAIGN CONTRIBUTIONS AND EXPENDITURES TO BE REPORTED TO THE STATE ETHICS COMMISSION AT LEAST TEN DAYS BEFORE ELECTION DAY, TO REQUIRE SUPPLEMENTAL FILINGS WITHIN TWENTY-FOUR HOURS OF INDIVIDUAL CONTRIBUTIONS OF FIVE HUNDRED DOLLARS OR MORE RECEIVED BEFORE THE ELECTION AND NOT PREVIOUSLY REPORTED, AND TO PROVIDE THE INFORMATION TO BE REPORTED; AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8 RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-640. (A) No candidate for public office, public official, or his agent may solicit or accept, directly or indirectly, monetary contributions from any person, except in the form of a check or other negotiable instrument payable to the candidate or public official, to any committee or duly organized group or political party working on behalf of a candidate for public office or public official, or to the treasurer of the group and the check or negotiable instrument must be signed or endorsed by the donor. No candidate for public office, public official, or his agent may knowingly acept any contribution made by any person in the name of another person.
(B) Any anonymous contribution received by a candidate for public office, public official, or his agent must not be used or expended, and must be returned to the donor, if his identity can be determined. If no donor is found, the contribution shall escheat to the State to be deposited into the Children's Trust Fund. The failure of any candidate for public office, public official, or his agent to remit an anonymous contribution to the donor or the State Treasurer within ten days after receipt constitutes a violation of this section.
(C) Any candidate for public office, public official, or his agent violating the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not more than one year or be fined not more than three thousand dollars."
SECTION 2. The first paragraph of Section 8-13-10 of the 1976 Code is amended to read:
"The General Assembly hereby finds and declares that elected public office and public employment is a public trust and any effort to realize personal gain through official conduct is a violation of that trust. It further finds that the people of South Carolina want legislation to insure that conflicts of interest of public officials and employees be eliminated to the extent possible and that violations of rules of ethical conduct be investigated and punished where appropriate. The General Assembly further finds that based on research of ethics legislation in other states such this legislation must be drawn in a manner to prevent the use of such this legislation for political purposes or to maliciously damage the reputations of elected public officials and public employees. It further finds that based on an opinion of the Attorney General dated May 14, 1975, such legislation must preserve the constitutional right of the General Assembly to judge the qualifications of its members. To accomplish the purposes hereinabove enumerated in this section, the General Assembly has determined to enact the legislation provided for in this chapter."
SECTION 3. Section 8-13-20(k) of the 1976 Code is amended to read:
"(k) 'Supervisory office' means the State Ethics Commission for all candidates for public office in this State except for those candidates for the office of State senator or State Representative, and means the Senate Ethics Committee for candidates for the office of State Senator and means the House of Representatives Ethics Committee for candidates for the office of State Representative;".
SECTION 4. The first paragraph of Section 8-13-120(e) of the 1976 Code is amended to read:
"(e) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such the statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall must be investigated by the State Ethics Commission and a determination made thereon on them. Provided, however, that However, no complaint shall may be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to before any election in which he is a candidate and any complaint filed against such the candidate which was received more than fifty days prior to before such election shall must be disposed of by the commission or by dismissal of such complaint not less than forty days prior to before the election. The provisions of the above proviso shall previous sentence do not apply to complaints received concerning candidates who qualify within fifty days of an election."
SECTION 5. Section 8-13-610(b) of the 1976 Code is amended to read:
"(b) 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 shall may be voted upon by the General Assembly or either house thereof until at least ten days following the date on which such candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and Chairman of the House of Representatives Ethics Committee, as appropriate State Ethics Commission."
SECTION 6. Section 8-13-620 of the 1976 Code is amended to read:
"Section 8-13-620. (A) Any A candidate for office or any a committee working on behalf of a candidate for office, or any a duly organized group or political party, receiving or soliciting funds for the to support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing more than one hundred dollars and to what candidate such contribution was made. Duplicate, certified originals of such list showing the names of all contributors of more than one hundred dollars shall be filed with the appropriate supervisory office within thirty days after each election in which such contributions are sought or received. Any such candidate, or committee, or group or party shall maintain a current list of all contributors in the amount of more than one hundred dollars during the two-week period prior to the election, which shall be open to public inspection upon request. When a final list is filed with the supervisory office such candidate or group receiving such funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what its ultimate distribution shall be. and all expenditures. A candidate, committee, political party, or other group shall file contribution and expenditure reports with the State Ethics Commission on forms prescribed by the commission before each election in which a candidate with which it is involved at least ten days before the election containing information current as of twenty days before the election.
(B) Individual contributions of five hundred dollars or more received within fifteen days of the election and not already reported must be reported in a supplemental filing within twenty-four hours of receipt. The report is not required for a primary runoff election except that supplemental filings within twenty-four hours of receipt must be made for contributions not already reported of five hundred dollars or more received before the day of the runoff election. An updated report must be filed within forty-five days after each election containing information current as of thirty days after the election. The reports must disclose:
(1) the name, address, and occupation of a person contributing more than five hundred dollars and the amount of a contribution of more than five hundred dollars;
(2) the name and address of each vendor or other recipient of campaign funds;
(3) how much is retained and its ultimate distribution;
(C) A candidate who is unopposed in a primary election is not required to file a post-election report for that primary election."
SECTION 7. The first paragraph of Section 8-13-810 of the 1976 Code is amended to read:
"No member of the General Assembly, or elected public official, regardless of compensation, and no public employee or appointed official as designated below, regardless of compensation, shall be is allowed to take the oath of office or enter upon his duties of employment unless he has filed a statement of economic interests in accordance with the provisions of this chapter at the office of the State Ethics Commission, the Chairman of the Senate Ethics Committee or the Chairman of the House of Representatives Ethics Committee as may be appropriate. The State Ethics Commission and the Senate Ethics Committee and House of Representatives Ethics Committee shall forward a copy of each statement filed with it to the clerk of court in the county of residence of the member, official, or employee. If members of the General Assembly or public officials and employees referred to in this section have no economic interests as defined in item (g) of Section 8-13-20(g) they shall nevertheless file a negative report to that effect with the entity with which reports are to be filed. All disclosure statements shall be are matters of public record open to inspection upon request."
SECTION 8. Section 8-13-830 of the 1976 Code is amended to read:
"Section 8-13-830. In addition to the statement of economic interests required pursuant to Section 8-13-810, all persons required to file such the statements shall further report to the State Ethics Commission or appropriate legislative committee the name of any person he knows to be a lobbyist as defined in Section 2-17-20 of the 1976 Code and knows that such the lobbyist or the entity he represents has in the previous calendar year purchased from him, any member of his household, or from his business, goods or services in an amount in excess of two hundred dollars. Gifts from a lobbyist or the entity he represents in a value of more than one hundred dollars shall also must be reported at the same time."
SECTION 9. Article 5, Chapter 13, Title 8 of the 1976 Code is repealed.
SECTION 10. This act takes effect upon approval by the Governor.