Current Status Introducing Body:Senate Bill Number:291 Primary Sponsor:McConnell Committee Number:25 Type of Legislation:GB Subject:Campaign practices, ballot measure Residing Body:House Current Committee:Judiciary Computer Document Number:291 Introduced Date:19930126 Date of Last Amendment:19930304 Last History Body:House Last History Date:19930310 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
291 House 19930310 Introduced, read first time, 25
referred to Committee
291 Senate 19930309 Read third time, sent to House
291 Senate 19930304 Amended, read second time
291 Senate 19930303 Committee Report: Favorable 11
with amendment
291 Senate 19930126 Introduced, read first time, 11
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
March 4, 1993
S. 291
S. Printed 3/4/93--S.
Read the first time January 26, 1993.
TO AMEND SECTION 8-13-1300, RELATING TO THE DEFINITIONS REGARDING CAMPAIGN PRACTICES, SO AS TO DELETE REFERENCES TO "BALLOT MEASURE", ADD REFERENCES TO "BALLOT MEASURE", AND DEFINE "GOVERNMENTAL ENTITY"; AND TO AMEND SECTION 8-13-1346, RELATING TO THE USE OF PUBLIC FUNDS, PROPERTY, OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO SET FORTH THE CIRCUMSTANCES IN WHICH A PUBLIC ENTITY IS AUTHORIZED TO USE PUBLIC FUNDS, PROPERTY, OR TIME ON A BALLOT MEASURE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1300(7) of the 1976 Code, as added by act number 248 of 1991, is 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 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."
SECTION 2. Section 8-13-1300(9) of the 1976 Code, as added by act number 248 of 1991, is 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; or
(d) a ballot measure."
SECTION 3. Section 8-13-1300(17) of the 1976 Code, as added by act number 248 of 1991, is amended to read:
"(17) `Independent expenditure' means:
(a) an expenditure made 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 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."
SECTION 4. Section 8-13-1300(23) of the 1976 Code, as added by act number 248 of 1991, is amended to read:
"(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, or 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."
SECTION 5. Section 8-13-1300 of the 1976 Code, as added by act number 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) `Governmental entity' means the State, a county, municipality, or political subdivision. `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."
SECTION 6. Section 8-13-1346 of the 1976 Code, as added by act number 248 of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.
(B) 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.
(C) This section does not prohibit a governmental entity's use of public funds, property, or time to conduct a ballot measure or to print, broadcast, or distribute educational material on the merits, benefits, restrictions, and weaknesses of each question presented by a ballot measure. A governmental entity may use public funds, property, or time in an effort to encourage voters to vote; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure."
SECTION 7. This act takes effect upon approval by the Governor.