A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-100, RELATING TO DEFINITIONS CONCERNING STATE ETHICS LAWS, SO AS TO PROVIDE THAT THE HEAD OF EACH CERTIFIED POLITICAL PARTY IS SUBJECT TO THE STATE'S ETHICS LAWS; BY AMENDING SECTION 8-13-1300, RELATING TO DEFINITIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE THAT THE HEAD OF EACH POLITICAL PARTY IS SUBJECT TO THE STATE'S CAMPAIGN PRACTICES LAWS; AND BY AMENDING SECTION 2-17-10, RELATING TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING, SO AS TO PROVIDE THAT CERTIFIED POLITICAL PARTIES ARE LOBBYIST'S PRINCIPALS AND SUBJECT TO THE STATE'S LOBBYISTS AND LOBBYING LAWS, AND TO PROVIDE THAT THOSE ACTING ON BEHALF OF CERTIFIED POLITICAL PARTIES THAT ENGAGE IN LOBBYING ACTIVITIES ARE LOBBYISTS SUBJECT TO THE STATE'S LOBBYIST AND LOBBYING LAWS.

 

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

 

SECTION 1.  Section 8-13-100(27) of the S.C. Code is amended to read:

 

    (27) "Public official" means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereof, including candidates for the office, and the head of each certified political party.  "Public official" does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter.

 

SECTION 2.  Section 8-13-1300(28) of the S.C. Code is amended to read:

 

    (28) "Public official" means an elected or appointed official of the State, a county, a municipality or a political subdivision thereof, including candidates for the office, and the head of each certified political party.  However, "public official" does not mean a member of the judiciary except for purposes of campaign financing.  A probate judge is considered a public official and must meet the requirements of this article.

 

SECTION 3.  Section 2-17-10(14) of the S.C. Code is amended to read:

 

    (14) "Lobbyist's principal" means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying.  However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist.  If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter.  A person is considered a lobbyist's principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying. Each certified political party is a lobbyist's principal.

 

SECTION 4.  Section 2-17-10(13) of the S.C. Code is amended to read:

 

    (13) "Lobbyist" means any person who is employed, appointed, or retained, with or without compensation, by another person, including a certified political party, to influence by direct communication with public officials or public employees:  (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation;  (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions;  or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions.  "Lobbyist" also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees:  (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation;  (ii) the vote of any public official of any state agency, board, or commission concerning any covered agency actions;  or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions.  "Lobbyist" does not include:

       (a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee;

       (b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, or proceedings of any court of this State;

       (c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;

       (d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;

       (e) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions.  This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made;

       (f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;

       (g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this section;  or

       (h) an individual who receives no compensation to engage in lobbying and who does not make expenditures or incur obligations for lobbying in an aggregate amount in excess of five hundred dollars in a calendar year.

 

SECTION 5.  This act takes effect upon approval by the Governor.

----XX----