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Current Status Bill Number:View additional legislative information at the LPITS web site.52 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010110 Primary Sponsor:Wilson All Sponsors:Wilson, Grooms, McGill, Elliott, Giese, Reese, Branton Drafted Document Number:l:\council\bills\swb\5066dw01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Election official or candidate may not offer anything of value to one another; Ethics, Campaign practices, Elections History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020514 Recommitted to Committee 11 SJ ------ 20020221 Scrivener's error corrected Senate 20020220 Committee report: Favorable with 11 SJ amendment Senate 20010110 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on February 20, 2002 - Word format Revised on February 21, 2002 - Word format
COMMITTEE REPORT
February 20, 2002
S. 52
Introduced by Senators Wilson, Grooms, McGill, Elliott, Giese, Reese and Branton
S. Printed 2/20/02--S. [SEC 2/21/02 1:55 PM]
Read the first time January 10, 2001.
To whom was referred a Bill (S. 52) 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, 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, page 1, beginning on line 33, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Article 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1315. (A) A candidate or committee shall not, directly or indirectly, give, transfer, offer, or promise anything of value to an election official. An election official shall 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 non-fundraising function hosted by a candidate.
(B) The provisions of subsection (A) apply from the time a candidate: (1) files for office; (2) files a petition; or (3) becomes a candidate as defined by Section 8-13-1300(4), whichever occurs first. The provisions of subsection (A) apply until the time a candidate files a final campaign report." /
Renumber sections to conform.
Amend title to conform.
LARRY A. MARTIN for Committee.
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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