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Indicates Matter Stricken
Indicates New Matter
H. 5042
STATUS INFORMATION
General Bill
Sponsors: Reps. Wilkins, Harrison and Jennings
Document Path: l:\council\bills\ms\7231dw04.doc
Introduced in the House on March 30, 2004
Introduced in the Senate on April 27, 2004
Last Amended on June 2, 2004
Currently residing in the House
Summary: Registering of lobbyist and lobbyist principals
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/30/2004 House Introduced and read first time HJ-4
3/30/2004 House Referred to Committee on Judiciary HJ-4
4/21/2004 House Member(s) request name added as sponsor: Jennings
4/21/2004 House Committee report: Favorable with amendment Judiciary
HJ-34
4/22/2004 House Amended HJ-57
4/22/2004 House Read second time HJ-59
4/22/2004 House Unanimous consent for third reading on next legislative
day HJ-59
4/23/2004 House Read third time and sent to Senate HJ-3
4/27/2004 Senate Introduced and read first time SJ-12
4/27/2004 Senate Referred to Committee on Judiciary SJ-12
5/26/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-18
5/27/2004 Senate Amended SJ-268
5/27/2004 Senate Read second time SJ-268
5/27/2004 Senate Ordered to third reading with notice of amendments SJ-268
6/2/2004 Senate Amended SJ-120
6/2/2004 Senate Read third time and returned to House with amendments
SJ-120
6/3/2004 House Non-concurrence in Senate amendment HJ-83
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/30/2004
4/21/2004
4/22/2004
5/26/2004
5/27/2004
6/2/2004
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
June 2, 2004
H. 5042
S. Printed 6/2/04--S.
Read the first time April 27, 2004.
TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE SHALL FILE A CAMPAIGN DISCLOSURE REPORT WITHIN FIFTEEN DAYS OF BEING DECLARED A WINNER OR FIFTEEN DAYS BEFORE THE ESTABLISHED ELECTION DATE, WHICHEVER DATE IS SOONER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-17-10 of the 1976 Code, as amended by Act 248 of 1991, is further amended by adding an appropriately numbered section as follows:
"( ) 'Freshman legislators' means members of the General Assembly serving their first session following their first election or their first election following any interruption in their continuous terms of service in the General Assembly."
SECTION 2. Section 2-17-10(11) of the 1976 Code, as amended by Act 248 of 1991, is further amended to read:
"(11) 'Legislative caucus' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender, or a caucus comprised of freshman legislators;. However, each house may establish only one committee for each political-, racial-, ethnic-, gender-, or freshman-based affinity; or
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender, or status as a freshman legislator. However, each house may establish only one committee for each racial-, ethnic-, or gender- based affinity."
SECTION 3. Section 2-17-20(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist who files a written statement of termination pursuant to the provisions of this section must file reports required by this chapter for any reporting period during which the lobbyist was registered pursuant to the provisions of this section."
SECTION 4. Section 2-17-20(H) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(H) The State Ethics Commission shall not allow a lobbyist to register or reregister under this section until the lobbyist complies with the reporting requirements under Section 2-17-30, pays all late filing penalties in accordance with Section 2-17-50, and pays all fines in accordance with Section 8-13-320."
SECTION 5. Section 2-17-25(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-80(B), 2-17-80(C)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the lobbyist's principal was registered pursuant to this section."
SECTION 6. Section 2-17-25(H) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(H) The State Ethics Commission shall not allow a lobbyist's principal to register or reregister under this section until the lobbyist's principal complies with the reporting requirements under Section 2-17-35, pays all late filing penalties in accordance with Section 2-17-50, and pays all fines in accordance with Section 8-13-320."
SECTION 7. Section 2-17-50(A)(2)(b) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(b) after notice has been given by certified or registered mail by the State Ethics Commission that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred dollars for the first ten days after notice has been given, and one hundred dollars for each additional calendar day in which the required statement is not filed."
SECTION 8. Section 2-17-80 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-80. (A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:
(1) lodging;
(2) transportation;
(3) entertainment; or
(4) food, meals, beverages, money, or any other thing of value other than; (5) contributions, as defined in Section 8-13-1300(7).
(B) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, or provide contributions, as defined in Section 8-13-1300(7), to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.
(C) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7).
(C)(D) Subsections (A)(1) through (A)(4) and subsections (B)(C)(1) through (B)(C)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.
(D)(E) Subsections (A)(1), (A)(2), (B)(C)(1), and (B)(C)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or any person acting on behalf of a lobbyist or a lobbyist's principal to any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.
(E)(F) Subsections (A), and (B), and (C) do not apply to anything of value given to a family member for love and affection."
SECTION 9. The penultimate paragraph of Section 7-11-15 of the 1976 Code is amended to read:
"If, after the closing of the time for filing statements of intention of candidacy, but before the date of the primary, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be applicable, if the nomination is by political party primary or political party convention only may, in its discretion, may afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee. If a state or county committee decides to re-open filing for any office pursuant to this paragraph, the filing period shall not exceed two weeks from the date of the death or withdrawal, but in no case shall extend beyond the date of the primary."
SECTION 10. Section 8-13-320(10)(g) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality by written authorization to the State Ethics Commission. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."
SECTION 11. Section 8-13-1125 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation was extended to:
(1) the entire membership of the House, Senate, or General Assembly, and the invitation was accepted by the House or Senate Invitations Committee pursuant to House or Senate rules; or
(2) the entire membership of a standing committee, joint committee, or county legislative delegation."
SECTION 12. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this paragraph reads as follows:]
"(7)(A) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. Contributions expended to influence the outcome of an elective office, as defined by Section 8-13-1300(31)(c), and which do not expressly advocate a vote for or against a candidate, or, when taken in context, have no reasonable meaning other than to urge the election or defeat of a clearly identified candidate, must be disclosed in the same manner as contributions disclosed pursuant to Section 8-13-1308(F), but are not subject to the contribution limits of Section 8-13-1322.
(B) 'Contribution' does not include: (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and which is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c) and which does not promote or support or attack or oppose a candidate.
These funds Funds, which do not constitute contributions pursuant to this subsection, must be deposited in an account separate from a campaign account as required in Section 8-13-1312."
SECTION 13. Section 8-13-1300 of the 1976 Code, as last amended by Act 76 of 2003, is amended by adding an appropriately numbered item to read:
"( ) 'Freshman legislators' means members of the General Assembly serving their first session following their first election or their first election following any interruption in their continuous terms of service in the General Assembly."
SECTION 14. Section 8-13-1300(21) of the 1976 Code, as last amended by Act 76 of 2003 is amended to read:
[From and after November 3, 2004, this paragraph reads as follows:]
"(21) 'Legislative caucus committee' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender, or a caucus comprised of freshman legislators;. however However, each house may establish only one committee for each political-, racial-, ethnic-, or gender-, or freshman-based affinity; or
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender, or status as a freshman legislator."
SECTION 15. Section 8-13-1308(D) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this subsection reads as follows:]
"(D)(1) 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 candidate or committee for the period ending twenty days before the election. The candidate or committee 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 and expenditures. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(4) If a municipal election is not held pursuant to Section 7-13-190(E), the candidate shall file a campaign disclosure report within fifteen days of being declared a winner or fifteen days before the established election date, whichever is earlier."
SECTION 16. Section 8-13-1312 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this section reads as follows:]
"Section 8-13-1312. Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's accounts must be established, upon receipt of an aggregate sum of five hundred dollars, in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within seven days after receipt, the contribution must be remitted to the Children's Trust Fund."
SECTION 17. This act takes effect upon approval by the Governor except that: Section 8-13-1125 as contained in SECTION 11 takes effect January 1, 2005; Section 2-17-10 as contained in SECTION 1, Section 2-17-10(11) as contained in SECTION 2, Section 7-11-15 as contained in SECTION 9, Section 8-13-1300(7) as contained in SECTION 12, Section 8-13-1300 as contained in SECTION 13, Section 8-13-1300(21) as contained in SECTION 14, Section 8-13-1308(D) as contained in SECTION 15, and Section 8-13-1312 as contained in SECTION 16 take effect November 3, 2004.
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