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Bill 257

                    Current Status

Bill Number:                      257
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Leatherman
All Sponsors:                     Leatherman, Hayes
Drafted Document Number:          l:\council\bills\nbd\11058djc99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Date of Last Amendment:           20000309
Subject:                          Poll watchers, election officials, 
                                  compensation; campaign reports, candidates; 
                                  Ethics, Elections, Campaign practices


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000502  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20000427  Read third time, sent to House
------  20000313  Scrivener's error corrected
Senate  20000309  Amended, read second time, 
                  notice of general amendments
Senate  20000308  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        11 SJ


              Versions of This Bill
Revised on March 8, 2000 - Word format
Revised on March 9, 2000 - Word format
Revised on March 13, 2000 - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTE AMENDMENT ADOPTED AND AMENDED

March 9, 2000

S. 257

S. Printed 3/9/00--S. [SEC 3/13/00 3:23 PM]

Read the first time January 12, 1999.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO PROVIDE LIMITATIONS ON THE AMOUNT OF COMPENSATION THAT MAY BE PAID TO POLL WATCHERS AND OTHERS PROVIDING ELECTION DAY ACTIVITIES ON BEHALF OF CANDIDATES OR COMMITTEES, AND TO PROVIDE EXCEPTIONS TO THOSE LIMITATIONS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS AND REVIEW OF CERTIFIED CAMPAIGN REPORTS SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO FORWARD A COPY OF ALL CAMPAIGN REPORTS TO THE CLERK OF COURT OF THE COUNTY OF RESIDENCE OF THE PERSON REQUIRED TO FILE WITHIN TWO DAYS OF RECEIPT OF THE REPORT, AND TO PROVIDE THE STATE ETHICS COMMISSION MUST REVIEW ALL STATEMENTS FOR INADVERTENT AND UNINTENTIONAL ERRORS OR OMISSIONS; TO AMEND SECTION 8-13-1366, AS AMENDED, RELATING TO PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS SO AS TO ELIMINATE THE REQUIREMENT THAT CERTIFIED CAMPAIGN REPORTS BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 8-13-1372, AS AMENDED, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION RATHER THAN THE STATE ELECTION COMMISSION MAY DETERMINE THAT ERRORS AND OMISSIONS ON CAMPAIGN REPORTS ARE INADVERTENT AND UNINTENTIONAL, AND THAT THE STATE ETHICS COMMISSION MAY ASSESS A TECHNICAL VIOLATIONS PENALTY NOT TO EXCEED FIFTY DOLLARS.

Amend Title To Conform

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

SECTION 1. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is amended to read:

"Section 8-13-1310. (A) All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.

(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.

(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file.

(D) As provided in Section 8-13-1372, the State Ethics Election Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."

SECTION 2. Section 8-13-1366 of the 1976 Code, as last amended by Act 248 of 1991, is amended to read:

"Section 8-13-1366. Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions, ethics committees, and county clerks of court may not require any information or identification as a condition of viewing a report or reports. The commissions, ethics committees, and the county clerks of court shall ensure that the reports are available for copying or purchase at a reasonable cost."

SECTION 3. Section 8-13-1372 of the 1976 Code, as last amended by Act 248 of 1991, is amended to read:

"Section 8-13-1372. (A) The State Ethics Election Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Ethics Election Commission may assess a technical violations penalty not to exceed fifty dollars.

(B) A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."

SECTION 4. The first paragraph of Section 2-17-30(A) of the 1976 Code is amended to read:

"(A) Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 5. The first paragraph of Section 2-17-35(A) of the 1976 Code is amended to read:

"(A) Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 6. The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:

"(A) Each state agency or department shall, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report and from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION 7. Section 2-17-90(A) of the 1976 Code is amended by adding:

"(7) as to cabinet officers, a function to which all cabinet officers are invited."

SECTION 8. Section 2-17-90(B) of the 1976 Code is amended to read:

"(B) No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."

SECTION 9. Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b) If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall dismiss the complaint and notify the complainant and respondent, and the entire matter must be stricken from public record unless the respondent, by written authorization, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint. Notice of waiver must be forwarded to the State Ethics Commission."

SECTION 10. This act takes effect upon approval by the Governor.

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