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TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED REGARDING LOBBYISTS AND LOBBYING, SO AS TO DEFINE A "POLITICAL AWARENESS ORGANIZATION"; BY ADDING SECTION 2-17-27 SO AS TO PROVIDE FOR THE MANNER OF REGISTRATION OF POLITICAL AWARENESS ORGANIZATIONS; BY ADDING SECTION 2-17-37 SO AS TO PROVIDE FOR THE FILING OF A CERTIFIED CONTRIBUTION REPORT BY A POLITICAL AWARENESS ORGANIZATION; AND TO AMEND SECTION 2-17-130, RELATING TO PENALTIES FOR VIOLATIONS BY LOBBYISTS OR LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE A PENALTY FOR A POLITICAL AWARENESS ORGANIZATION WHICH WILFULLY VIOLATES THE PROVISIONS OF CHAPTER 17, TITLE 2, LOBBYISTS AND LOBBYING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-17-10 of the 1976 Code, as last amended by Act 344 of 2006, is further amended by adding at the end:
"(22) 'Political awareness organization' means an organization or committee that receives contributions and makes expenditures, totally or in part, for the purpose of promoting specific issues in order to influence public opinion with the intent to impact or change local and state government or its subdivisions, or both, and has the Internal Revenue Service classification of '501(C)(4)' or '527' or operates within an organization with the Internal Revenue Service classification of '501(C)(4)' or '527'."
SECTION 2. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-27. (A) A political awareness organization which receives or expends more than two thousand five hundred dollars in the aggregate during a calendar year, within fifteen days of incorporation, shall register with the State Ethics Commission as provided in this section. Each political awareness organization registering shall pay a fee of one hundred dollars.
(B) The registration must be in a form prescribed by the State Ethics Commission and be limited to and include:
(1) the full name, address, and telephone number of the political awareness organization. If the organization is an individual, the organization also shall include his occupation, name of employer, principal place of business, and position of authority held in that business;
(2) an identification of the public offices or governmental entities, which the political awareness organization wishes to target for public or social awareness;
(3) certification by the political awareness organization that the information contained on the registration statement is true and correct; and
(4) if the political awareness organization fails to identify the public offices or governmental entities for which it is targeting as required by item (2), then the organization is deemed to be targeting all public offices or government entities of the State.
(C) Each political awareness organization that terminates its Political and Social Awareness activity requiring him to register pursuant to this section shall file a written statement with the State Ethics Commission acknowledging the termination of this activity. Each organization that files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the organization was registered pursuant to this section.
(D) A political awareness organization shall file a supplemental registration statement indicating any substantial change in the information contained in the prior registration statement within fifteen days after the date of the change.
(E) The State Ethics Commission annually shall furnish to each chairman of standing and special committees of the General Assembly, each member of the General Assembly, and each statewide constitutional officer a list of each political awareness organization registered with that office. The State Ethics Commission shall furnish monthly updates to the same persons. These lists must be available to state agency heads upon request.
(F) A lobbyist's principal shall reregister annually with the State Ethics Commission by January fifth of each year.
(G) The State Ethics Commission shall not allow a political awareness organization to register or reregister under this section until the political awareness organization complies with the reporting requirements under Section 2-17-37."
SECTION 3. Chapter 17, Title 2 of the 1976 Code is amended by adding:
"Section 2-17-37. (A) Upon the receipt or expenditure of contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a political awareness organization required to register with the State Ethics Commission pursuant to Section 2-17-27 shall file an initial certified report of contributions within ten days of these initial receipts or expenditures.
(B) Following the filing of an initial certified report of contributions, additional certified reports of contributions must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, until the promotional account undergoes final disbursement pursuant to the provisions of Section 2-17-27(C).
(C) A certified contribution report must contain:
(1) the total amount of contributions accepted by the political awareness organization; and
(2) the name and address of each person making a contribution of more than one hundred dollars to a political awareness organization and the amount and date of receipt of each contribution."
SECTION 4. Section 2-17-130(A) of the 1976 Code is amended to read:
"(A) A lobbyist, or a lobbyist's principal, or a political awareness organization who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both. In addition, any a lobbyist, or a lobbyist's principal, or a political awareness organization convicted of or pleading guilty or nolo contendere to a misdemeanor under the provisions of this section is barred from acting as a lobbyist, or a lobbyist's principal, or a political awareness organization for a period of three years from the date of the conviction."
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:08 P.M.