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Bill 244

                    Current Status

Bill Number:                      244
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson
Drafted Document Number:          l:\council\bills\pt\1096dw99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Elections, Candidates, Ethics, Campaign 
                                  practices, election officials; transfer of 
                                  things of value prohibited


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  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 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ANYTHING OF VALUE" AND "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL.

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

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

"Section 8-13-1315. (A) A candidate or committee may not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official. An election official may not, directly or indirectly, ask for, demand, exact, solicit, seek, accept, assign, receive, or agree to receive anything of value from a candidate or committee. This section does not prohibit (1) an election official from receiving a salary for employment with a candidate or committee if that employment is not related to an elective office or a campaign for elective office and (2) an election official from accepting food and beverages at an appreciation dinner, reception, or other similar function hosted by a candidate within thirty days after the election in which he was a candidate.

(B) The provisions of subsection (A) apply from the time a candidate files for office or files a petition until the time a candidate files a final campaign report."

SECTION 2. 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 to read:

"( )(a) 'Anything of value' or 'thing of value' means:

(i) a pecuniary item, including money, a bank bill, or a bank note;

(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;

(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

(iv) a stock, bond, note, or other investment interest in an entity;

(v) a receipt given for the payment of money or other property;

(vi) a chose-in-action;

(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

(viii) a loan or forgiveness of indebtedness;

(ix) a work of art, an antique, or a collectible;

(x) an automobile or other means of personal transportation;

(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;

(xii) an honorarium or compensation for services;

(xiii) a promise or offer of employment;

(xiv) any other item that is of pecuniary or compensatory worth to a person.

(b) 'Anything of value' or 'thing of value' does not mean:

(i) printed informational or promotional material, not to exceed ten dollars in monetary value;

(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;

(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;

(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;

(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;

(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or

(vii) campaign contribution properly received and reported under the provisions of this chapter."

SECTION 3. 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 to read:

"( ) 'Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed; a member or employee of a combined election commission and voter registration board, whether elected or appointed; if he is conducting an election, a member or employee of a municipal, county, or state party executive committee, whether elected or appointed; and a municipal, county, or state poll manager."

SECTION 4. Section 8-13-1300(30) of the 1976 Code is amended to read:

"(30) 'Transfer' means the movement or exchange of funds or anything of value between committees and candidates, between a candidate and an election official, or between a committee and an election official, except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article."

SECTION 5. This act takes effect upon approval by the Governor.

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