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Bill 123

                    Current Status

Bill Number:                      123
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Martin
All Sponsors:                     Martin, Ryberg, Hayes
Drafted Document Number:          l:\s-res\lam\001camp.efd.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Campaign practices, contributions, 
                                  candidate spending limits; certified report 
                                  when over legal amount; Ethics, Elections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981118  Prefiled, referred to Committee        11 SJ


                             Versions of This Bill

TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1305 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SPENDS MORE THAN THE CAMPAIGN CONTRIBUTION LIMITS AS SPECIFIED IN SECTION 8-13-1314 TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE OR BALLOT MEASURE MUST FILE A STATEMENT WITH THE ELECTION COMMISSION AS PROVIDED IN THIS ACT; AND TO AMEND ARTICLE 15, CHAPTER 13, TITLE 8 OF THE 1976 CODE BY ADDING SECTION 8-13-1530 SO AS TO PROVIDE THAT AN ACTION TO ENFORCE THE REPORTING REQUIREMENTS OF THIS CHAPTER MAY BE BROUGHT IN THE CIRCUIT COURT SITTING IN RICHLAND COUNTY DURING THE FIFTY-DAY PERIOD BEFORE AN ELECTION IF THE ACTION IS OTHERWISE TIMELY AS PROVIDED BY THE LAWS OF THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1305. (A) An individual who receives or expends more than the campaign contribution limits specified in Section 8-13-1314 in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file an initial certified campaign report with the State Ethics Commission no later than ten days after receiving the contribution or making the expenditure.

(B) The campaign report must include:

(1) the full name, complete address, and telephone number of the individual;

(2) a summary of the purpose of the contributions or expenditures;

(3) the name and address of a corporation or an organization that sponsors the individual or is affiliated with the individual. If the individual is not sponsored by or affiliated with a corporation or an organization, the individual must specify the trade, profession, or primary interest of contributors to the individual;

(4) the full name and address of the depository in which the individual maintains its campaign account and the number of the account;

(5) the total of contributions accepted by the individual to influence the outcome of the election or ballot measure;

(6) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;

(7) the total expenditures made to influence the outcome of the election or ballot measure;

(8) the name and address of each person to whom expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure.

(C) The individual must maintain a separate account in the same manner as provided in Section 8-13-1312.

(D) After the initial report, the individual must file additional reports within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election.

(E) 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 individual for the period ending twenty days before the election. The individual 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. The list must be open to public inspection upon request.

(F) When appropriate, an individual required to file a report must file a statement of inactivity in the same manner as prescribed in Section 8-13-1362. Any funds remaining in the account revert to the individual upon filing of a final report.

(G) For the purposes of this section, `contribution' includes the use of personal funds or the use of funds from an entity in which the individual has a majority interest.

(H) An individual who is guilty of violating the requirements of this section must be punished in the same manner provided in Article 15 of this chapter."

SECTION 2. Article 15, Chapter 8, Title 13 of the 1976 Code is amended by adding:

"Section 8-13-1530. Notwithstanding any other provision of law, an action to enforce the reporting requirements of this chapter may be brought in the circuit court sitting in Richland County during the fifty-day period before an election if the action is otherwise timely as provided by the laws of this State."

SECTION 3. This act takes effect upon approval by the Governor.

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