A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 8-13-1308 AND 8-13-1309, BOTH RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS, SO AS TO PROHIBIT PUBLIC DISCLOSURE OF AN INDIVIDUAL CONTRIBUTOR'S STREET NUMBER AND NAME; BY AMENDING SECTION 8-13-1333, RELATING TO SOLICITING CONTRIBUTIONS FROM THE GENERAL PUBLIC, SO AS TO PROHIBIT PUBLIC DISCLOSURE OF AN INDIVIDUAL DONOR'S STREET NUMBER AND NAME; BY AMENDING SECTION 8-13-1360, RELATING TO CONTRIBUTION AND EXPENDITURE REPORTING FORMS, SO AS TO PROHIBIT PUBLIC DISCLOSURE OF AN INDIVIDUAL CONTRIBUTOR'S OR DONOR'S STREET NUMBER AND NAME; AND BY ADDING SECTION 8-13-1530 SO AS TO PROVIDE A PENALTY FOR PUBLIC DISCLOSURE OF AN INDIVIDUAL CONTRIBUTOR'S OR DONOR'S STREET NUMBER AND NAME IN VIOLATION OF ARTICLE 13, CHAPTER 13, TITLE 8.

 

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

 

SECTION 1.  Section 8-13-1308(F) of the S.C. Code is amended to read:

 

    (F) Certified campaign reports detailing campaign contributions and expenditures must contain:

       (1) the total of contributions accepted by the candidate or committee;

       (2) the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution; provided, however, that the street number and street name of a contributor who is an individual shall not be made publicly available in any manner including, but not limited to, disclosure on any governmental websites or in response to public records requests pursuant to the South Carolina Freedom of Information Act;

       (3) the total expenditures made by or on behalf of the candidate or committee;

       (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 2.  Section 8-13-1309(E) of the S.C. Code is amended to read:

 

    (E) Certified campaign reports detailing campaign contributions and expenditures must contain:

       (1) the total amount 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 amount and date of receipt of each contribution; provided, however, that the street number and street name of a contributor who is an individual shall not be made publicly available in any manner including, but not limited to, disclosure on any governmental websites or in response to public records requests pursuant to the South Carolina Freedom of Information Act;

       (3) the total amount of 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 3.  Section 8-13-1333(C) of the S.C. Code is amended to read:

 

    (C)(1) A legislative special interest caucus must not solicit contributions as defined in Section 8-13-100(9), however, it may solicit funds from the general public for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences. Legislative special interest caucus members may attend a regional or national conference only if the conference is exclusively comprised of legislative special interest caucus counterparts and convenes for the purpose of interacting and exchanging ideas among caucus members and the conference is sponsored by a national organization with which the legislative special interest caucus is affiliated. Attendance at any conference is prohibited if the conference is sponsored by any lobbying group or extends an invitation to persons other than legislators. Under no circumstances may a legislative special interest caucus accept funds from a lobbyist. Each special interest caucus must submit a financial statement to the appropriate supervisory office by January first and July first of each year showing the total amount of funds received and total amount of funds paid out. It must also maintain the following records, for not less than four years, which must be available to the appropriate supervisory office for inspection:

           (a) the total amount of funds received by the legislative special interest caucus;

           (b) the name and address of each person or entity making a donation and the amount and date of receipt of each donation; provided, however, that the street number and street name of a donor who is an individual shall not be made publicly available in any manner including, but not limited to, disclosure on any governmental websites or in response to public records requests pursuant to the South Carolina Freedom of Information Act;

           (c) all receipted bills, canceled checks, or other proof of payment for any expenses paid by the legislative special interest caucus.

       (2) A legislative special interest caucus may not accept a gift, loan, or anything of value, except for funds permitted in subsection (C)(1) above.

 

SECTION 4.  Section 8-13-1360(B) of the S.C. Code is amended to read:

 

    (B) A candidate or committee must disclose all information required on the form developed under this section. However, the street number and street name of a contributor who is an individual shall not be made publicly available in any manner including, but not limited to, disclosure on any governmental websites or in response to public records requests pursuant to the South Carolina Freedom of Information Act.

 

SECTION 5.  Article 15, Chapter 13, Title 8 of the S.C. Code is amended by adding:

 

    Section 8-13-1530. (A) Any contributor or donor who is an individual whose street number, street name, or both are disclosed to the public in violation of the provisions of Article 13 of this chapter shall be entitled to recover a civil penalty in the amount of one thousand dollars from the responsible agency for each report in which such information is publicly disclosed.

    (B) Any state or local officer or employee who intentionally discloses the street number, street name, or both of a contributor or a donor who is an individual in violation of the provisions of Article 13 of this chapter shall be guilty of a misdemeanor and upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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