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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
January 29, 2003
H. 3206
Introduced by Reps. Wilkins, Harrison, W.D. Smith, Stille, Taylor, Bailey, Delleney, Walker, Ceips, Bales, G.M. Smith, Edge, Sandifer, Young, Keegan, Littlejohn and Kirsh
S. Printed 1/29/03--H. [SEC 1/30/03 2:46 PM]
Read the first time January 14, 2003.
TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS AND AUTHORIZE INVITATIONS TO BE EXTENDED AT NATIONAL AND REGIONAL CONVENTIONS AND CONFERENCES TO ALL MEMBERS OF THE GENERAL ASSEMBLY; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE WITHIN THE DEFINITION OF "ELECTION", A BALLOT MEASURE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE A PERSON WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE FOR THE ELECTION OR DEFEAT OF A CANDIDATE, AND DELETE A BALLOT MEASURE WITHIN THIS DEFINITION, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE AND DELETING WITHIN THE DEFINITION AN EXPENDITURE MADE BY A PERSON TO ADVOCATE THE ELECTION OR DEFEAT OF A CLEARLY DEFINED CANDIDATE OR BALLOT MEASURE, DELETING EXPENDITURES WHEN TAKEN AS A WHOLE AND IN CONTEXT MADE BY A PERSON EXPRESSLY TO URGE A PARTICULAR RESULT IN AN ELECTION, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS SHALL FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION AND REQUIRE A POLITICAL PARTY, LEGISLATIVE CAUCUS COMMITTEE, AND A PARTY COMMITTEE TO FILE A CERTIFIED CAMPAIGN REPORT UPON THE RECEIPT OF ANYTHING OF VALUE WHICH TOTALS MORE THAN FIVE HUNDRED DOLLARS AND DEFINE "ANYTHING OF VALUE"; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION SHALL FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS REMIT IT TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO THE IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR ELECTION-RELATED COMMUNICATION, SO AS TO DELETE A BALLOT MEASURE FROM THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1371 SO AS TO ESTABLISH CONDITIONS UNDER WHICH CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE MAY BE USED, PROVIDE THAT THE STATE ETHICS COMMISSION HAS JURISDICTION TO SEIZE FUNDS AND DISTRIBUTE THEM AMONG VARIOUS SPECIFIED FUNDS OR ENTITIES IF THERE IS A VIOLATION OF THIS SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; BY ADDING SECTION 8-13-1373 SO AS TO REQUIRE THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, TO DEFEND AN ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL HAS BEEN REQUESTED AND REFUSES TO DEFEND THE ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13, CHAPTER 13, TITLE 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. That portion of subsection (A) immediately preceding item (1) of Section 2-17-30 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Each lobbyist, no later than April tenth June thirtieth and October tenth January thirty-first of each year, must shall file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall must be from January first to March May thirty-first for the April tenth June thirtieth report and shall must be from April June first to September thirtieth December thirty-first for the October tenth January thirty-first report. Any A lobbying activity not reflected on the October tenth June thirtieth 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 thirty-first of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
SECTION 2. That portion of subsection (A) immediately preceding item (1) of Section 2-17-35 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"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 shall 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 must be from January first to March thirty-first for the April tenth report and shall must be from April first to September thirtieth for the October tenth report. Any A 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 3. That portion of subsection (A) immediately preceding item (1) of Section 2-17-40 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Each state agency or department shall, no later than April first tenth and October first tenth of each year, shall 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. A 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 4. 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 5. Section 2-17-90(A)(1) of the 1976 Code is amended to read:
"(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended at national and regional conventions and conferences to all members in attendance;"
SECTION 6. Section 2-17-90(B) of the 1976 Code is amended to read:
"(B) No A lobbyist's principal or person acting on behalf of a lobbyist's principal may not 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 for each public official or public employee."
SECTION 7. Section 8-13-100(12) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(12) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 8. 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 9. Section 8-13-530(1) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(1) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees for, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;"
SECTION 10. Section 8-13-1300(6) of the 1976 Code is amended to read:
"(6) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:
(a) contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or
(b) independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.
'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election."
SECTION 11. Section 8-13-1300(9) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(9) 'Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; or
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
SECTION 12. Section 8-13-1300(17) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election an expenditure made by a person to influence the outcome of an elective office or ballot measure but which is not:
(i)(a) made to;
(ii)(b) controlled by;
(iii)(c) coordinated with;
(iv)(d) requested by; or
(v)(e) made upon consultation with a candidate or an agent of a candidate; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
SECTION 13. Section 8-13-1300 of the 1976 Code is amended by adding the following items at the end to read:
"(31) 'Ballot measure committee' means:
(a) an association, a club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle;
(b) a person who, to influence the outcome of a ballot measure, makes contributions aggregating at least fifty thousand dollars during an election cycle to, or at the request of, a ballot measure committee; or
(c) a person who makes independent expenditures aggregating five hundred dollars or more during an election cycle.
(32) 'Influence the outcome of an elective office' means:
(a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or
(b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'."
SECTION 14. Section 8-13-1302 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1302. A candidate, or committee, or ballot measure committee shall maintain and preserve an account of:
(1) the total of contributions accepted by the candidate, or committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the date of receipt of each contribution;
(3) the total of expenditures made by or on behalf of the candidate, or committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure; and
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure.
(B) The candidate, or committee, or ballot measure committee must shall maintain and preserve all receipted bills and accounts required by this article for four years."
SECTION 15. Section 8-13-1304 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1304. (A) A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must shall file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must shall file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.
(B) A ballot measure committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure shall file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure shall file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."
SECTION 16. Section 8-13-1306 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1306. (A) The statement of organization of a committee or a ballot measure committee must include:
(1) the full name of the committee or ballot measure committee;
(2) the complete address and telephone number of the committee or ballot measure committee;
(3) the date the committee or ballot measure committee was organized;
(4) a summary of the purpose of the committee or ballot measure committee;
(5) the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must shall specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;
(6) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(7) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;
(8) the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and
(9) a certification of the statement by the chairman and the treasurer.
(B) The name of the committee or ballot measure committee designated on the statement of organization must incorporate the full name of the sponsoring entity, if any. An acronym or abbreviation may be used in other communications if the acronym or abbreviation commonly is known or clearly recognized by the general public.
(C) The chairman must shall notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."
SECTION 17. Section 8-13-1308(A) of the 1976 Code is amended to read:
"(A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must shall file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must shall file an initial certified campaign report fifteen days before an election."
SECTION 18. Section 8-13-1308 of the 1976 Code is further amended by adding a new subsection to read:
"(G) Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, and a party committee shall file a certified campaign report upon the receipt of anything of value which total in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes contributions received which may be used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party also shall comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."
SECTION 19. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1309. (A) Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) shall file an initial certified campaign report within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).
(C) At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee shall maintain a current list during the period before the ballot measure 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.
(D) Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure committee shall combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (C) no later than fifteen days before the ballot measure election.
(E) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the ballot measure committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution;
(3) the total expenditures made by or on behalf of the ballot measure committee; and
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
SECTION 20. Section 8-13-1310 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1310. (A) All persons required to file certified campaign reports under pursuant to the provisions of this article must shall file those reports with the appropriate supervisory office.
(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must shall 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 Election Ethics Commission must shall review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."
SECTION 21. Section 8-13-1316 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1316. (A) Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees and a political party through its party committees or legislative caucus committees may not give to a candidate contributions which total in the aggregate more than:
(1) fifty thousand dollars in the case of a candidate for statewide office;
(2) five thousand dollars in the case of a candidate for any other office.
(B) Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment, both in terms of time or length discussed and prominence in presentation, shall must not be included in the contribution limits under pursuant to the provisions of subsection (A). However, multi-candidate promotional expenditures are limited to:
(1) the operation of telephone banks;
(2) the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or
(3) voter registration and ballot information.
(C) The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within ten days shall remit the contribution to the Children's Trust Fund."
SECTION 22. Section 8-13-1324 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1324. (A) A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.
(B) The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must shall remit the contribution to the Children's Trust Fund."
SECTION 23. Section 8-13-1332 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1332. It is unlawful for:
(1) a committee or ballot measure committee to make a contribution or expenditure by using:
(a) anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or
(b) dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or
(c) monies obtained by the committee or the ballot measure committee in a commercial transaction;
(2) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure committee and of the employee's right to refuse to contribute without any advantage or promise of an advantage conditioned upon making the contribution or reprisal or threat of reprisal related to the failure to make the contribution;
(3) a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;, except as provided in Section 8-13-1333.
(4) an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."
SECTION 24. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1333. (1) Not-for-profit corporations and committees formed by not-for-profit corporations may solicit contributions from the general public;
(2) An organization or a committee of an organization may solicit contributions from the general public."
SECTION 25. Section 8-13-1354 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, or a candidate, or a ballot measure must shall place his name and address on the printed matter in all capital letters and in twelve point type or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
SECTION 26. Section 8-13-1366 of the 1976 Code, as added 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 27. Section 8-13-1368 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1368. (A) A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.
(B) Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.
(C) If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve but must shall report the status of the debt annually on the same schedule as active committees or ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."
SECTION 28. Section 8-13-1370(C) of the 1976 Code, added by Act 248 of 1991, is amended to read:
"(C) A committee or ballot measure committee required to file reports under pursuant to the provisions of this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must shall designate how the surplus funds are to be distributed. The surplus funds must be:
(1) contributed to the state's general fund;
(2) returned pro rata to all contributors;
(3) (a) contributed to a political party or to another committee;
(b) or if a ballot measure committee, to another ballot measure committee;
(4) contributed to an organization exempt from tax under pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986; or
(5) distributed using a combination of these options."
SECTION 29. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1371. (A) A ballot measure committee may not use or permit the use of contributions solicited for or received by the ballot measure committee for any purpose other than the purpose for which the ballot measure committee was originally created, unless a person making the contribution gives written authorization for a different use other than for which it was originally intended.
(B) The State Ethics Commission shall have jurisdiction to seize all funds in a ballot measure committee's account and distribute them in accordance with subsection (D) of this section when the ballot measure committee violates the provisions of this section.
(C) Within sixty days after the election or referendum at which the ballot measure committee attempted to influence the outcome of the election or referendum, the funds remaining in the ballot measure committee's account after the election or referendum must be distributed in accordance with subsection (D) of this section.
(D) The seized funds must be:
(1) contributed to the state's general fund;
(2) contributed to an organization exempt from tax under pursuant to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986;
(3) returned pro rata to all contributors; or
(4) distributed using a combination of these options."
SECTION 30. Section 8-13-1372 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1372. (A) The State Election Ethics 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 Election Ethics 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 31. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1373. If the Attorney General, after request by the State or any of its political subdivisions refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board, using funds appropriated to the civil contingency fund, shall defend the action brought against the State or its political subdivision."
SECTION 32. Section 8-13-1510 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1510. Except as otherwise specifically provided in this chapter, a person required to file a report or statement under pursuant to the provisions of this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:
(1) a fine of one hundred dollars if not filed within five days after the established deadline provided by law in this chapter;
(2) after notice has been given by certified or registered mail that a required statement or report 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 exceeding five hundred dollars."
SECTION 33. Section 8-13-1520 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter, a person who violates any a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.
(B) Except as otherwise specifically provided for in Article 13 of this chapter, a person who intentionally violates a provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or be imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."
SECTION 34. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or the validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 35. Section 2-17-20(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) Any person who acts as a lobbyist shall, within fifteen days of being employed, appointed, or retained as a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of fifty one hundred dollars and present to the State Ethics Commission a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership, committee, association, corporation, labor organization, or any other another organization or group of persons registers as a lobbyist, then it must shall identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time employee of a state agency and limits his lobbying to efforts on behalf of that particular state agency."
SECTION 36. Section 2-17-20(C) of the 1976 Code is amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register under pursuant to this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under pursuant to this section must shall file reports required by this chapter for any reporting period during which he the lobbyist was registered engaged in lobbying requiring him to register under pursuant to this section."
SECTION 37. Section 2-17-20(G) of the 1976 Code is amended to read:
"(G) A lobbyist must shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist is registered, regardless of termination of lobbying activities during that year."
SECTION 38. Section 2-17-25(A) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(A) Any lobbyist's principal shall, within fifteen days of employing, appointing, or retaining a lobbyist, shall register with the State Ethics Commission as provided in this section. Each person registering shall pay a fee of fifty one hundred dollars. If a partnership, committee, an association, a corporation, labor organization, or any other another organization or group of persons registers as a lobbyist's principal, then it must shall identify each person who will act as a lobbyist on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from paying a registration fee and filing a lobbyist's principal registration statement."
SECTION 39. Section 2-17-25(C) of the 1976 Code is amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under pursuant to this section must shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist's principal who files a written statement of termination under pursuant to this section must shall file reports required by this chapter for any reporting period during which he the lobbyist's principal was registered under pursuant to this section."
SECTION 40. Section 2-17-25(G) of the 1976 Code is amended to read:
"(G) A lobbyist's principal must shall reregister annually with the State Ethics Commission by January fifth of each year. Registration is for the remainder of the calendar year. Any provisions of this chapter apply for the remainder of the calendar year in which a lobbyist's principal is registered, regardless of termination of authorization of lobbying activities during that year."
SECTION 41. Section 8-13-1300(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(4) 'Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. Candidate also means a person who is exploring whether or not to seek election at the state or local level. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. 'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
SECTION 42. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(7) '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 to explore whether or not to seek 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. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source.
SECTION 43. This act takes effect upon approval by the Governor.
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