Current Status Bill Number:3503 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970220 Primary Sponsor:Tripp All Sponsors:Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport Drafted Document Number:pt\2914dw.97 Companion Bill Number:471 Residing Body:Senate Subject:Campaign practices, corporation definition, likeness of public official used, report requirements; Ethics, Elections
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980526 Read second time, notice of
general amendments, carrying over
all amendments to third reading
Senate 19970430 Committee report: Favorable with 11 SJ
amendment
Senate 19970304 Introduced, read first time, 11 SJ
referred to Committee
House 19970228 Read third time, sent to Senate
House 19970227 Read second time, unanimous
consent for third reading on
Friday, 19970228
House 19970226 Recalled from Committee 25 HJ
House 19970220 Introduced, read first time, 25 HJ
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 30, 1997
H. 3503
Introduced by Reps. Tripp, Maddox, R. Smith, Wilder, Jordan, Townsend, Seithel, Baxley, Moody-Lawrence, Sandifer, Cobb-Hunter, Spearman, Askins, Neilson, Leach, Kennedy, Mason, Barrett, Inabinett, Hamilton, Knotts, Edge, Bailey, Cooper, Govan, Scott, Law, Hodges, Altman, Hawkins, Rice, Chellis, Stille, Neal, Kinon, Stoddard, Fleming, Miller, Robinson, D. Smith, Klauber, Carnell, Trotter, Lee, Martin, Whatley, Limehouse, Quinn, McMaster, Cato, Allison, Webb, Riser, Dantzler, Loftis, Lanford, Young-Brickell, Witherspoon, Harrell, Cromer, Harrison, Kelley, Gamble, Limbaugh, Parks, Keegan, Meacham, Simrill, Lloyd, McKay, McLeod, Harvin, Sharpe, Kirsh, Vaughn, J. Hines, McCraw, Bauer, Littlejohn, Jennings, Beck, Hinson, Battle and Davenport
S. Printed 4/30/97--S.
Read the first time March 4, 1997.
To whom was referred a Bill (H. 3503), to amend Section 8-13-1300, as amended, Code of Laws of South Carolina, 1976, relating to definitions for purposes of the provisions concerning campaign practices, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 8-13-1300(1)(c) of the 1976 Code is amended to read:
"(c) the State Ethics Commission for all committees, except legislative caucus committees, supporting or opposing a ballot measure, or supporting or opposing a candidate, or influencing the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used;"
SECTION 2. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a corporation, a club, an organization, or a group of persons which, to influence the outcome of an elective office, or a ballot measure, or matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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, or matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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, a corporation, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election or the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used."
SECTION 3. Section 8-13-1300(8) of the 1976 Code is amended to read:
"(8) `Corporation' means an entity organized in the corporate form under federal law or the laws of any state. `Corporation' does not include electronic or print media."
SECTION 4. Section 8-13-1300(17) of the 1976 Code 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, or made to influence the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used; 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 or made to influence the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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 5. Section 8-13-1300(23) of the 1976 Code 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 to influence the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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 6. Section 8-13-1304 of the 1976 Code is amended to read:
"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, or matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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, or matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 7. Section 8-13-1346(C) of the 1976 Code is amended to read:
"(C) This section does not prohibit the expenditure of public resources by a governmental entity to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that governmental entity; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure or the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used."
SECTION 8. Section 8-13-1354 of the 1976 Code is amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure, or matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used 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 9. (A) The reporting requirements in this act pertain only to those contributions received since September 1, 1996. All committees, except those already required to report pursuant to Article 13, Chapter 13, Title 8, must comply with a contribution reporting form developed by the State Ethics Commission, which must include:
(1) the name and address of the committee;
(2) 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;
(3) 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; and
(4) the aggregate total of all contributions, loans, and other receipts during the reporting period and the year-to-date total.
(B) A committee must disclose all information required on the form developed under this section.
(C) The reporting period for this section only shall include the period of September 1, 1996, through the end of the quarter designated for the next quarterly report after the effective date of this act. Thereafter, a committee is subject to all the reporting requirements under Article 13, Chapter 13, Title 8.
SECTION 10. This act takes effect upon approval by the Governor. /
Amend title to conform.
DONALD H. HOLLAND, for Committee.
TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE WITHIN THE DEFINITION A CORPORATION, AND INCLUDE THE INFLUENCING OF THE OUTCOME OF MATTERS CONSIDERED BY THE GENERAL ASSEMBLY WHEN THE LIKENESS, IMAGE, VOICE, OR ENDORSEMENT OF A PUBLIC OFFICIAL IS USED; AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8 FROM JULY 1, 1996, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a corporation, a club, an organization, or a group of persons which, to influence the outcome of an elective office, or a ballot measure, or the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used, 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, a corporation, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election or the outcome of matters considered by the General Assembly when the likeness, image, voice, or endorsement of a public official is used."
SECTION 2. The amendment to Section 8-13-1300(6) of the 1976 Code in Section 1 of this act, is effective for those affected entities beginning July 1, 1996, for all reports and records required under the provisions of Article 13, Chapter 13, Title 8.
SECTION 3. This act takes effect upon approval by the Governor.