Current Status Introducing Body:Senate Bill Number:708 Primary Sponsor:Committee (11) Committee Number:25 Type of Legislation:GB Subject:Ethics, detailed provisions Residing Body:House Computer Document Number:708 Introduced Date:Feb 26, 1991 Date of Last Amendment:Mar 27, 1991 Last History Body:House Last History Date:Mar 28, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide Sponsor Committee:Judiciary Sponsor Committee Number:11 Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
708 House Mar 28, 1991 Introduced, read first time, 25
referred to Committee
708 Senate Mar 27, 1991 Amended, read third time,
sent to House
708 Senate Mar 26, 1991 Amended, debate interrupted
by adjournment
708 Senate Mar 21, 1991 Debate interrupted
708 Senate Mar 14, 1991 Set for Special Order for
Wednesday, March 20, 1991
708 Senate Mar 14, 1991 Amended, read second time,
ordered to third reading with
notice of general amendments,
carrying over all amendments
to third reading
708 Senate Mar 13, 1991 Amended, debate interrupted
by adjournment
708 Senate Mar 12, 1991 Amended, debate interrupted
by adjournment
708 Senate Mar 07, 1991 Amended, debate interrupted
by adjournment
708 Senate Mar 06, 1991 Debate interrupted by
adjournment
708 Senate Feb 28, 1991 Made Special Order
708 Senate Feb 26, 1991 Introduced, read first time,
placed on Calendar without
reference
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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
March 27, 1991
S. 708
S. Printed 4/1/91--S.
Read the first time February 26, 1991.
TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
Amend Title To Conform
Whereas, the General Assembly declares that the operation of responsible democratic government requires that the fullest opportunity be afforded the people to petition their government for the redress of grievances and to express freely to any public official or public employee their opinions on legislation or agency proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation under Article 1, Chapter 23 of Title 1 of the 1976 Code; and
Whereas, the General Assembly declares that to preserve and maintain the integrity of the governmental policy-making process in South Carolina it is necessary that the identity, expenditures, and lobbying of certain persons who engage in efforts to influence any public official or public employee on legislation or agency proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation under Article 1, Chapter 23 of Title 1 of the 1976 Code, by direct communication to any such official or employee, be publicly and regularly disclosed; and
Whereas, the General Assembly finds and declares that monetary contributions to political campaigns are a legitimate form of participation in the American political process, it must ensure that the financial strength of certain individuals or organizations should not permit them to exercise a disproportionate or controlling influence on the election of candidates; and
Whereas, the General Assembly finds and declares that the rapidly increasing costs of political campaigns have forced many candidates to raise larger percentages of money from interest groups with specific financial stakes in matters before the state government, thereby fostering the public perception that votes are being improperly influenced by contributions. This perception is undermining the credibility and integrity of the political and governmental processes; and
Whereas, the General Assembly finds and declares that candidates are raising less money in small contributions and more money in large individual and organizational contributions. This has created the public perception that the small contributor has an insignificant role to play in political campaigns; and
Whereas, the General Assembly finds and declares that high campaign costs are forcing officeholders to spend more time on fundraising and less time on public business. The constant pressure to raise contributions is distracting officeholders from the responsibilities of governing; and
Whereas, the General Assembly finds and declares that officeholders are responding to high campaign costs by raising large amounts of money in years in which a general election is not held. This fundraising distracts them from important public matters, encourages contributions that may have a corrupting influence, and gives incumbents an unfair advantage over potential challengers; and
Whereas, the General Assembly finds and declares that disclosure of contributions and expenditures is needed to maintain the integrity of the political and governmental processes; and
Whereas, this act is intended to ensure that individuals and interest groups have a fair and equal opportunity to participate in the political and governmental processes; and
Whereas, this act is intended to reduce the influence of large contributors with specific financial stakes in matters before government, thus countering the perception that decisions are influenced more by the size of contributions than by the best interests of the people; and
Whereas, this act is intended to increase the importance of smaller contributions; and
Whereas, this act is intended to allow candidates and officeholders to spend a lesser proportion of their time on fundraising and a greater proportion of their time discussing important issues; and
Whereas, this act is intended to improve the disclosure of contribution sources in reasonable and effective ways; and
Whereas, this act is intended to ensure that serious candidates are able to raise enough money to communicate their views and positions adequately to the public, thereby promoting public discussion of the important issues involved in political campaigns; and
Whereas, this act is intended to help restore public trust in governmental institutions and the political and governmental processes. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 17, Title 2 of the 1976 Code is amended to read:
Section 2-17-10. When used in this chapter, the following terms shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
(a) 'Person' means any individual, firm, partnership, committee, association, corporation or any other organization or group of persons.
(b) 'Legislative agent' shall mean any person who is employed, appointed or retained, with or without compensation, by another person as defined in (a) above to influence in any matter the act or vote of any member of the General Assembly of this State during any regular or special session thereof upon or concerning any bill, resolution, amendment, report, claim, act or veto pending or to be introduced.
(c) 'Lobbyist' shall mean the same as 'legislative agent' as defined in (b) above.
(d) 'Lobbying' shall be defined as direct communication with members of the General Assembly or their staff to influence the passage or defeat of legislation. As used in this chapter, unless the context clearly indicates otherwise:
(1) `Covered agency actions' means the proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation under Article 1, Chapter 23 of Title 1 of the 1976 Code.
(2) `Covered gubernatorial actions' means:
(a) gubernatorial approval or veto of legislation,
(b) gubernatorial consideration or issuance of any executive order,
(c) gubernatorial consideration or making of any appointment, or
(d) gubernatorial consideration of or the decision to award any grant derived from federal or other funds or from any source.
(3) `Expenditure' means the transfer or promise of any consideration, whether or not legally enforceable.
(4) `Family member' means an individual who is the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(5) `Income' means the receipt or promise of any consideration, whether or not legally enforceable, including attorney's fees attributable to lobbying.
(6) `Legislation' means (a) bills, resolutions, amendments, reports, legislative acts, vetoes, nominations, rules, and regulations pending or proposed in either the House or Senate, (b) any other matter which may be the subject of action by either house, and (c) the appointment of committees of conference and free conference by the Speaker of the House of Representatives or the President of the Senate.
(7) `Lobbying' means promoting or opposing through direct communication with public officials or public employees: (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly, (b) covered gubernatorial actions, (c) covered agency actions, or (d) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly. The provisions of this item shall not apply to a member of the General Assembly acting in his capacity as a member of the General Assembly with regard to his public duties.
(8) `Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person 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 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 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 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 political subdivision thereof 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, and discloses all tax benefits presently enjoyed or that would accrue to the owner or owners of these news media as a result of the legislation or covered 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;
(h) an individual who spends no more than five percent of his time engaged in lobbying and who is paid no separate or additional compensation to lobby and who expends less than five hundred dollars for lobbying in a calendar year.
(9) `Lobbyist's principal' means (a) the person on whose behalf and for whose benefit the lobbyist engages in lobbying; (b) the person who directly employs, appoints, or retains a lobbyist to engage in lobbying; and (c) the person who directly authorizes the lobbyist's lobbying. 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. An individual member of a membership association or organization is not required to register or report as a lobbyist's principal.
(10) `Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons.
(11) `Public body' means the General Assembly, the Executive Office of the Governor, any department of the State, and any state board, commission, agency, or authority, including committees of any such body, by whatever name known.
(12) `Public employee' means any person employed by the State, including applicants for state employment.
(13) `Public official' means any elected or appointed official of the State, including candidates for any such state office.
(14) `Voluntary membership organization' means an organization composed of persons who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization.
Section 2-17-15. (A) The Governor, the Lieutenant Governor, a member of the General Assembly, and a member of his immediate family, as defined in Section 8-13-20, of a public official may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.
(B) The provisions of this section shall apply to a member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected on or after January 1, 1993, and to any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer who continues in office after January 1, 1993.
Section 2-17-20. Every person who employs any person to act as counsel or agent to promote or oppose in any manner the passage by the General Assembly of any legislation affecting the pecuniary interest of any person as distinct from those of the whole people of the State or to act in any manner as legislative counsel or agent in connection with any such legislation shall, within ten days of such employment and in all cases before appearing before committees of the General Assembly, cause such lobbyist, agent or counsel to register with the Secretary of State as later provided herein. Each person so registering shall pay a fee of ten dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person, firm, corporation or association by whom he is employed. This communication shall also show the nature of the group or association to be represented and the size and composition of its membership. Based on this registration, each lobbyist or legislative agent shall be issued an identification card by the Secretary of State, which card shall be shown to the committee chairman before the person can appear before any legislative committee. The Secretary of State shall furnish to each chairman of a standing and special committee of the General Assembly, on a monthly basis, and to the members of the General Assembly every three months, a list of all lobbyists registered with his office. (A) Any person who acts as a lobbyist shall, within thirty days of being employed, appointed, or retained as a lobbyist, register with the Secretary of State as provided in this section. Each person so registering shall pay a fee of fifty dollars and present to the Secretary of State 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 organization or group of persons registers as a lobbyist, then it must identify each person who will act as a lobbyist on its behalf during the covered period.
(B) The registration must be in a form prescribed by the Secretary of State. The request for registration information shall be limited to and must contain the following:
(1) the full name and address, telephone number, occupation, name of employer, principal place of business, and position held in that business by the lobbyist; and
(2) an identification of the subject matter in which the lobbyist will engage in lobbying, including the name of legislation or of covered agency actions, if known.
(C) Each lobbyist who ceases to engage in lobbying requiring him to register under this section must file a written statement with the Secretary of State acknowledging the termination of lobbying. The written statement of termination is effective immediately. Each lobbyist who files a written statement of termination under this section must file reports required by this chapter for any reporting period during which he was registered under this section.
(D) A lobbyist must file a supplemental registration indicating any substantial change in the information contained in the prior registration within thirty days after the date of the change.
(E) The Secretary of State annually must furnish to each chairman of standing and special committees of the General Assembly and to the members of the General Assembly, a list of all lobbyists registered with that office. The Secretary of State must furnish monthly updates to the same persons. These lists must be available to state agency heads upon request.
(F) Each lobbyist must maintain for not less than three years records which must be available to the Secretary of State for inspection and which must contain the following information:
(1) the identification of each person from whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised;
(2) the total expenditures of the lobbyist for lobbying; and
(3) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.
(G) A lobbyist must reregister annually with the Secretary of State by January fifth of each year.
(H) The Secretary of State 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.
Section 2-17-25. (A) Any lobbyist's principal shall, within thirty days of employing, appointing, or retaining a lobbyist, register with the Secretary of State as provided in this section. Each person so registering shall pay a fee of fifty dollars. If a partnership, committee, association, corporation, labor organization, or any other organization or group of persons registers as a lobbyist's principal, then it must identify each person who will act as a lobbyist's principal on its behalf during the covered period. If the State is a lobbyist's principal, the State is exempt from filing a lobbyist's principal registration statement.
(B) The registration must be in a form prescribed by the Secretary of State. The request for registration information shall be limited to and must include the following:
(1) the full name, address, and telephone number of the lobbyist's principal. If the lobbyist's principal is an individual, the lobbyist's principal should also include his occupation, name of employer, principal place of business, and position of authority held in that business by the lobbyist's principal;
(2) an identification of each person the lobbyist's principal expects to employ, appoint, or retain as a lobbyist;
(3) an identification of the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation or of covered agency actions, if known;
(4) a lobbyist's principal may comply with the requirements of Section 2-17-25(B) by attaching a copy of the information submitted by any lobbyist employed, retained, or appointed by the lobbyist's principal if the information requested from the lobbyist's principal is the same as the information supplied by the lobbyist pursuant to Section 2-17-20(A).
(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register under this section must file a written statement with the Secretary of State 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 this section must file reports required by this chapter for any reporting period during which he was registered under this section.
(D) A lobbyist's principal must file a supplemental registration indicating any substantial change in the information contained in the prior registration within thirty days after the date of the change.
(E) The Secretary of State annually must furnish to each chairman of standing and special committees of the General Assembly and to the members of the General Assembly, a list of all lobbyist's principals registered with that office. The Secretary of State must furnish monthly updates to the same persons. These lists must be available to state agency heads upon request.
(F) Each lobbyist's principal must maintain for not less than three years records which must be available to the Secretary of State for inspection and which must contain the following information:
(1) the identification of each person to whom income attributable to lobbying is paid or promised and the amount of such income attributable to lobbying paid or promised;
(2) the total expenditures of the lobbyist's principal for lobbying; and
(3) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.
(G) A lobbyist's principal must reregister annually with the Secretary of State by January fifth of each year.
(H) The Secretary of State 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.
Section 2-17-30. No person shall be employed as a legislative counsel or agent for a compensation dependent in any manner upon the passage or defeat of any proposed legislation or upon any other contingency connected with the action of the General Assembly or of either branch or any committee thereof. (A) Each lobbyist, no later than April first and October first of each year, must file a report with the Secretary of State covering that lobbyist's lobbying during that filing period. Each report must be in a form prescribed by the Secretary of State. The request for reporting information shall be limited to and must contain the following:
(1) the full name, address, and telephone number of the reporting lobbyist;
(2) an identification of each person on whose behalf the reporting lobbyist engaged in lobbying during the covered period;
(3) the official name, number, or description, designated by the House or Senate or by an agency, of legislation or covered agency actions for which the reporting lobbyist engaged in lobbying during the covered period;
(4) the identification of each person from whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised;
(5) (a) a complete and itemized account of the totals of all amounts expended by a lobbyist in the performance of his lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; however, political contributions which are already disclosed on other public statements are excluded from disclosure;
(b) any expenditure directly or indirectly related to lobbying if expended while engaged in the general course of lobbying and if reimbursed by the lobbyist's principal; however, contributions of political action committees which are already disclosed on other public statements are excluded from disclosure;
(6) a statement of money promised or loaned 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 unless the money is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official or public employee;
(7) a statement detailing any direct business association of a lobbyist with any current 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. For the purposes of this subsection, direct business association shall not include: (a) ownership interests held by a lobbyist or a lobbyist's principal and 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 in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in such entity; (b) an interest held by 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 in a partnership or corporation represented by a lobbyist or a lobbyist's principal if such interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (c) any commercial transaction between a lobbyist or a lobbyist's principal and 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 in which the fair market value of the goods transferred or services rendered is paid;
(8) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.
(B) Where total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
Section 2-17-35. (A) Each lobbyist's principal, no later than April first and October first of each year, must file a report with the Secretary of State covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. Each report must be in a form prescribed by the Secretary of State. The request for reporting information shall be limited to and must contain the following information:
(1) the full name, address, and telephone number of the reporting lobbyist's principal;
(2) an identification of each person who acted as a lobbyist on behalf of the reporting lobbyist's principal during the covered period;
(3) the official name, number, or description, designated by the House or Senate or by an agency, of legislation or covered agency actions for which the reporting lobbyist engaged in lobbying during the covered period;
(4) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised;
(5) (a) a complete and itemized account of the totals of all amounts expended by a lobbyist's principal for lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; however, political contributions which are already disclosed on other public statements are excluded from disclosure;
(b) any expenditure directly or indirectly related to lobbying if expended while a lobbyist's principal or his lobbyist is engaged in the general course of lobbying; however, contributions of political action committees which are already disclosed on other public statements are excluded from disclosure;
(6) a statement of money promised or loaned 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 unless the money is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official or public employee;
(7) a statement detailing any direct business association of a lobbyist's principal with any current 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. For the purposes of this subsection, direct business association shall not include: (a) ownership interests held by a lobbyist or a lobbyist's principal and 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 in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in such entity; (b) an interest held by 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 in a partnership or corporation represented by a lobbyist or a lobbyist's principal if such interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (c) any commercial transaction between a lobbyist or lobbyist's principal and 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 in which the fair market value of the goods transferred or services rendered is paid;
(8) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year;
(9) a lobbyist's principal may comply with the requirements of Section 2-17-35(A) by attaching a copy of the information submitted by any lobbyists employed, retained, or appointed by the lobbyist's principal if the information requested from the lobbyist's principal is the same as the information supplied by the lobbyist pursuant to Section 2-17-30(A).
(B) Where total amounts are required to be reported, totals must be reported both for the period covered and for the entire calendar year to date.
(C) If the State is a lobbyist's principal, the State is exempt from filing an annual report except as provided in Section 2-17-40(A).
Section 2-17-36. (A) Any officer, director, or employee of an entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or any member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials must no later than April first of each year file a report with the Secretary of State as required by subsection (B) of this section. The provisions of this subsection shall not apply to any entity whose primary business is the publication of a newspaper or other periodical or the production of any electronic media programming.
(B) Those persons required to file a statement of economic interests by subsection (A) of this section shall file such report on forms prescribed by the Secretary of State and such report must contain full and complete information concerning the following:
(1) the source, type, and amount or value of income, not to include tax refunds, of substantial monetary value received from a governmental entity by the filer or a member of the filer's immediate family during the reporting period;
(2) (a) the description, value, and location of all real property owned and options to purchase real property during the reporting period by a filer or a member of the filer's immediate family if:
(i) there have been any public improvements of more than two hundred dollars on or adjacent to the real property within the reporting period and such public improvements are known to the filer; or
(ii) such interest can reasonably be expected to be the subject of a conflict of interest; or
(b) if the sale, lease, or rental of real property involves a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;
(3) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In such sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;
(4) the identity of every business or entity in which the filer or a member of the filer's immediate family held or controlled, in the aggregate, securities or interests constituting five percent or more of the total issued and outstanding securities or interests which constitute a value of one hundred thousand dollars or more;
(5) a listing by name and address of:
(a) each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding, unless:
(i) the debt is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as an officer, director, or employee; or
(ii) the debt is promised or loaned by an individual's spouse, child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse of a child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin if the person who promises or makes the loan is not acting as the agent or intermediary for someone other than a person named in this subitem; and
(b) the rate of interest charged the filer or a member of the filer's immediate family for a debt required to be reported in (a).
If a discharge of a debt required to be reported in (a) has been made, the date of the transaction must be shown.
(6) the name of any lobbyist, as defined in Section 2-17-10(8) who is:
(a) an immediate family member of the filer;
(b) an individual with whom or business with which the filer or a member of the filer's immediate family is associated.
Section 2-17-40. It shall be the duty of every legislative agent to file annually, within thirty days after the final adjournment of the General Assembly, a complete and itemized sworn statement of all contributions and expenditures made, paid, incurred or promised in connection with promoting or opposing in any manner any legislation within the terms of this chapter. A legislative agent with other duties is required to report only that income or expense directly related to lobbying. A report shall be filed annually whether or not contributions or expenditures are made. Such reports shall be in such form as shall be prescribed by the Secretary of State and shall be open to public inspection. No legislative agent may be registered or reregistered under the provisions of this chapter until compliance is made with this section. (A) Each state agency or department shall, no later than April first and October first of each year, file a report with the Secretary of State covering that agency's lobbying during that filing period. Each report must be in a form prescribed by the Secretary of State. The request for reporting information shall be limited to and must contain the following:
(1) an identification of each public official, public employee, or other person who engaged in lobbying for that agency during the covered period;
(2) legislation or covered agency actions the persons identified in item (1) engaged in lobbying during the covered period;
(3) the identification of each person to whom income attributable to the lobbyist's lobbying is paid or promised and the amount of such income attributable to the lobbyist's lobbying paid or promised;
(4) a complete and itemized account of the totals of all expenditures made or incurred by those persons identified in item (1) in the performance of their lobbying during the covered period. The totals must be segregated by the amounts expended for office expenses, rent, utilities, supplies, and compensation of support personnel attributable to lobbying covered under the provisions of this chapter; however, political contributions which are already disclosed on other public statements are excluded from disclosure;
(5) in the case of a voluntary membership organization, dues, fees, or other amounts payable to the organization during any calendar year from a member need be reported only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.
(B) Where total amounts are required to be reported, totals must be reported for the entire year to date. The reports required by this section are not required from any agency whose only lobbying is appearing before any committee of the General Assembly at the request of that committee or at the request of any member or members of that committee.
Section 2-17-50. The provisions of Section 2-17-20 are not intended and shall not be construed to apply to the following:
(a) An individual expressing a personal opinion on legislative matters to his own legislative delegation or other members of the General Assembly.
(b) A person appearing before a legislative committee at the invitation or request of the committee or a member thereof and who engages in no further activities in connection with that legislative matter.
(c) Any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district or public service district, when appearing only and solely on matters pertaining to his office and public duties.
(d) A person performing professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation where such professional services are not otherwise, directly or indirectly, connected with legislative action.
(e) Persons who own, publish or are employed by a newspaper or other regularly published periodical, or who own or are 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 or other comments, if such persons engage in no further activities and represent no other person in connection with a legislative matter.
(f) Persons who represent established churches solely for the purpose of protecting the rights of their own members or to protect the doctrines of such churches or on matters deemed to have an adverse effect upon the moral welfare of the membership thereof. (A) The Secretary of State must:
(1) require a person to submit information pursuant to the requirements of this chapter;
(2) in addition to any other penalty in this chapter, require any person who files a late statement or fails to file a required statement to be assessed a civil penalty as follows:
(a) a fine of one hundred dollars if not filed within fifteen days after the established deadline provided in this chapter;
(b) after notice has been given by certified or registered mail by the Secretary of State 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.
(B) Filing of the required report and payment of the fine within twenty days of notice by the Secretary of State that a required statement has not been filed constitutes compliance with this chapter.
Section 2-17-60. Any legislative counsel or agent and any employer of such legislative counsel or agent violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than two hundred nor more than five hundred dollars or imprisoned not exceeding sixty days, within the discretion of the court. Provided, that any person convicted of a violation of the provisions of this chapter shall not serve, register or otherwise act in the capacity of a lobbyist in this State for a period of two years following his conviction. The Secretary of State has the following duties:
(1) to develop forms for the filing of notices of registration, representation, complaints, and reports required by this chapter, and to furnish the forms to persons upon request;
(2) to issue identification cards to each lobbyist before the lobbyist can engage in lobbying and prior to January tenth of each succeeding year;
(3) to develop a filing, coding, and cross-indexing system consonant with the purpose of this chapter;
(4) to make the notices of registration and the reports filed with the Secretary of State available for public inspection and copying as soon as may be practicable after receipt of them and to permit copying of any report or statement by hand or by duplicating machine, as requested by any person, at the expense of the person;
(5) to preserve the originals or copies of notices and reports for a period of three years from date of receipt;
(6) to have information, so compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period.
Section 2-17-65. (A) The Secretary of State shall conduct periodic reviews of reports filed with the Secretary of State so as to ascertain whether any lobbyist or lobbyist's principal has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file notices and reports as are necessary to satisfy the requirements of this chapter or regulations prescribed by the Secretary of State under this chapter.
(B) The Secretary of State may conduct audits of the records of any lobbyist or lobbyist's principal to verify the accuracy of the information provided by a lobbyist or a lobbyist's principal according to the requirements of this chapter. However, the Secretary of State shall limit his audit to those records of a lobbyist or a lobbyist's principal to matters within the scope of lobbying.
(C) If, after notification by the Secretary of State that a required statement has not been filed, the person fails to file the necessary notices and reports, the Secretary of State shall, upon a finding of reasonable cause, notify the Attorney General who shall proceed under the provisions of Section 2-17-70(B)(1), (2), or (3).
Section 2-17-70. The Attorney General shall, upon complaint made to him, take appropriate action to enforce the provisions of this chapter. (A) The Attorney General shall make preliminary investigations, with the assistance of the State Law Enforcement Division, of complaints by any person of alleged failures to file any statement or reports required by this chapter or other violation of any part of this chapter; provided, however, that upon receipt of a complaint by any person, the Attorney General promptly shall transmit to the lobbyist or the lobbyist's principal of which a complaint is made a copy of such complaint, and such lobbyist or lobbyist's principal shall be given an opportunity to respond prior to any further investigation.
(B) If, after preliminary investigation, the Attorney General finds that probable cause exists to support an alleged violation, he shall, as appropriate,:
(1) render an advisory opinion to the lobbyist or lobbyist's principal complained of and require his compliance with the opinion in a reasonable time period;
(2) issue subpoenas, upon order of a court of competent jurisdiction, or submit interrogatories to the lobbyist or lobbyist's principal complained of for the purpose of further investigating violations of this chapter; and
(3) prosecute a person who knowingly or wilfully violates any provision of this chapter.
(C) All Attorney General preliminary investigations and records relating to the preliminary investigations are confidential. The confidentiality of the existence of a complaint may be waived upon written authorization of the lobbyist or lobbyist's principal. If further investigation is conducted by the Attorney General under subsection (B)(2), the lobbyist or lobbyist's principal must be afforded appropriate due process protections, including the right to be represented by counsel.
(D) The disposition of all complaints is a matter of public record.
Section 2-17-80. (A) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal 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;
(4) food, meals, beverages, money, or any other thing of pecuniary value;
(5) campaign contributions except as provided in Chapter 27 of Title 7.
(B) 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, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal any of the following:
(1) lodging;.
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of pecuniary value;
(5) campaign contributions except as provided in Chapter 27 of Title 7.
(C) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not host fundraising events if such expenditures would not have been made but for the purpose of lobbying. 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 shall not solicit a lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal to host a fundraising event if the expenditures for such a fundraising event would not have been spent but for the purpose of lobbying.
(D) A lobbyist shall not solicit or accept compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation or covered agency actions. A lobbyist's principal shall not employ, appoint, or retain a lobbyist for compensation dependent in any manner upon the passage or defeat of any pending or proposed legislation or covered agency actions.
(E) Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of pecuniary 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.
(F) Subsections (A)(1), (A)(2), (A)(4), (B)(1), (B)(2), and (B)(4) 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.
(G) Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection.
(H) A lobbyist shall not cause the introduction of legislative, executive, or local government action for the purpose of obtaining employment to engage in lobbying in support of or in opposition to the action.
(I) A lobbyist shall not serve as a treasurer for a candidate committee.
(J) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not pay an honorarium to a public official or a public employee.
(K) A lobbyist shall not serve as a member of a state board or state commission.
Section 2-17-90. (A) Any lobbyist or lobbyist's principal who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than ninety days, or both. In addition, any lobbyist or lobbyist's principal convicted of a misdemeanor under the provisions of this section is barred from acting as a lobbyist or a lobbyist's principal for a period of three years from the date of the conviction.
(B) 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 who wilfully violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than ninety days, or both.
Section 2-17-100. The wilful filing of a complaint by a person with the Secretary of State without just cause or with malice is a misdemeanor, and such person filing a complaint, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than sixty days, or both. In lieu of the criminal penalty provided by this section, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of such complaint was wilful and without just cause or with malice.
Section 2-17-110. A prosecution for a violation of the provisions of this chapter shall be commenced no later than three years after the date that the violation is alleged to have been committed."
SECTION 2. Section 7-3-10 of the 1976 Code is amended to read:
"Section 7-3-10. (a)(A) There is hereby created the State Election Commission to be composed of five six members, at least one of whom shall be a member of the majority political party represented in the General Assembly and at least one of whom shall be a member of the largest minority political party represented in the General Assembly, to be appointed by the Governor, upon the advice and consent of the Senate. The members to shall serve terms of four years and until their successors have been elected and qualify, except of those first appointed three shall serve for terms of two years. Any vacancy on the Commission commission shall be filled for the unexpired portion of the term in the same manner as the original appointment. As vacancies occur, members shall be appointed in the following manner: (1) the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number one; (2) the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number two; (3) the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number three; (4) the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number four; (5) the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number five; (6) the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number six.
(b)(B) The Governor shall appoint one of the members to serve as chairman. The chairman shall serve for a term of two years and until his successor has been appointed and qualifies. The Commission commission shall select such other officers from among its members as it may deem necessary.
(c)(C) The Commission commission shall meet at its offices in Columbia at least once each month at such times as it may determine.
(d)(D) The Commission commission shall have the powers and duties as enumerated in this title."
SECTION 3. Title 7 of the 1976 Code is amended by adding:
Section 7-27-10. This chapter is known as the `South Carolina Campaigne Finance Act'.
Section 7-27-20. As used in this chapter:
(1) `Accounts receivable' means an unfulfilled pledge, subscription, agreement, or promise, whether or not legally enforceable, to make a contribution.
(2) `Appropriate supervisory office' means the location where the treasurer of a committee must file its statement of organization and all reports of contributions to and expenditures by the committee as may be required by this chapter. The `appropriate supervisory office' is as follows:
(a) The treasurer of a state candidate committee, the treasurer of a committee supporting or opposing a state question of public policy, and the treasurer of a committee supporting or opposing a state candidate shall file with the State Election Commission.
(b) The treasurer of a State Senate or House of Representatives candidate committee and the treasurer of a committee supporting or opposing such a candidate shall file with the Chairman of the Senate Ethics Committee or the Chairman of the Ethics Committee for the House of Representatives, as appropriate.
(c) The treasurer of a candidate committee in which the candidate is running for a multi-county office and the treasurer of a committee supporting or opposing such a candidate, other than for those offices listed in subsections (a) and (b), shall file with the State Election Commission.
(d) The treasurer of a candidate committee in which the candidate is running for county office and the treasurer of a committee supporting or opposing such a candidate, other than those offices listed in subsections (a), (b) and (c), shall file with the county clerk of court.
(e) The treasurer of a candidate committee in which the candidate is running for a municipal office and the treasurer of a committee supporting or opposing such a candidate, shall file with the county clerk of court.
(f) The treasurer of a noncandidate committee supporting or opposing a question of public policy on the ballot within one county shall file with the county clerk of court.
(g) The treasurer of a noncandidate committee supporting or opposing a question of public policy on the ballot in more than one county shall file with the clerk of court in each county in which the question of public policy is on the ballot.
(3) `Ballot measure' means a referendum, proposition, or measure submitted to voters for their approval.
(4) `Candidate' means an individual who seeks nomination or election to elective office. An individual is a candidate when the individual:
(a) files a statement of candidacy or petition for nomination for office with the appropriate filing officer;
(b) is nominated for office by:
(i) a party at a primary;
(ii) nominating convention; or
(iii) petition for nomination; or
(c) solicits or receives and accepts contributions, makes expenditures, or gives consent to an individual, organization, political party, or committee to solicit or receive and accept contributions or make expenditures to secure nomination or election to elective office at any time, whether or not the office for which the individual will seek nomination or election is known when:
(i) the solicitation is made;
(ii) the contribution is received and retained; or
(iii) the expenditure is made.
(5) `Candidate committee' means the committee designated by a candidate to:
(a) promote the candidate's candidacy; and
(b) serve as the recipient of all contributions and the disburser of all expenditures.
(6) `Committee' includes a candidate committee, controlled committee, legislative caucus committee, party committee, and a political committee.
(7)(a) `Contribution' means:
(i) a gift, subscription, loan, guarantee upon which collection is made or forgiveness of a loan, conveyance, advance, payment, distribution, deposit of money, or anything of value made to a political party or to a candidate, for influencing the results of an election, including a ballot measure election, or for reducing the debt of a candidate for nomination or election to public office;
(ii) a written contract, promise, or agreement to make a contribution for any purpose described in subitem (i);
(iii) an expenditure made by a person or committee, other than a candidate committee, with the cooperation of, or in consultation with, a committee, a candidate, candidate committee, or candidate's agent or that is made in concert with, or at the request or suggestion of, a candidate, candidate committee, or candidate's agent;
(iv) the payment to a person other than a candidate or committee of compensation for personal services that are rendered to a candidate or committee at a rate less than the reasonable and customary charge for those services;
(v) funds or anything of value received by a committee that are transferred from another committee or other source;
(vi) the purchase of tickets for an event such as a meal, reception, rally, or fundraising event;
(vii) the candidate's own money used on behalf of that candidate's candidacy; or
(viii) the granting of a discount or rebate by a person which is not extended to the public generally or by a television or radio station or newspaper which is not extended equally to all candidates for the same office.
(b) A contribution does not include the following:
(i) volunteer personal services;
(ii) a payment made by an individual for the individual's own travel expenses if the payment is made voluntarily without an understanding or agreement that the expense will be repaid to the individual;
(iii) a payment made by an occupant of a residence, office, or building for costs related to a meeting or fundraising event held in the occupant's residence, office, or building if the costs for the meeting or fundraising event do not exceed five hundred dollars. However, if the occupant hosts more than one event in an election cycle for the same beneficiary, all subsequent payments that exceed five hundred dollars in the aggregate are a contribution;
(iv) a loan of money made in the ordinary course of business by a financial institution authorized to transact business in this State at terms and interest rates generally available to a member of the public without regard to that person's status as a public official or public employee by the institution;
(v) nonpartisan voter registration and nonpartisan get-out-the-vote campaigns;
(vi) a communication by a corporation, organization, or association aimed at its members, owners, stockholders, executive or administrative personnel, or their families;
(vii) an offer or tender of a contribution if the offer or tender is expressly and unconditionally rejected and returned to the contributor within two days and is not negotiated, deposited, or used, including as collateral;
(viii) a tender of an anonymous contribution if the contribution is remitted to the Children's Trust Fund of South Carolina.
(8)(a) `Controlled committee' means a committee which:
(i) is controlled directly or indirectly by a candidate;
(ii) acts jointly with a candidate or controlled committee; or
(iii) is both (i) and (ii).
(b) A candidate controls a committee if the candidate, the candidate's agent, or any other committee the candidate controls has a significant influence on the actions or decisions of the committee.
(9) `Corporation' means an entity organized in the corporate form under federal law or the laws of any state.
(10) `Elective office' means an office at the state, county, municipal or political subdivision level. For the purposes of this chapter, the term `elective office' shall not include an office under the unified judicial system. For the purposes of this chapter, `elective official' means an individual elected or appointed to an elective office.
(11) `Election' means (a) general, special, primary, or runoff election, (b) a convention or caucus of a political party held to nominate a candidate, and (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.
(12) `Election cycle' means the period beginning the day after the general election, up to and including the following general election, including any primary, special primary, or special general elections.
(13)(a) `Expenditure' means a purchase, payment, distribution, loan, forgiveness of a loan or payment of a loan by a third party, advance, deposit, transfer of funds between committees, a promise to make a payment, a gift of money, or anything of value made to influence the results of an election or to reduce the debt of a candidate for nomination or election to office.
(b) An expenditure does not include the following:
(i) a loan of money, made in the ordinary course of business, by a financial institution authorized to transact business in this State;
(ii) nonpartisan voter registration and nonpartisan get-out-the-vote campaigns;
(iii) a communication by a corporation, organization, or association aimed at its members, owners, stockholders, executive or administrative personnel, or their families, except an extraordinary committee promoting or opposing a candidate or candidates;
(iv) uncompensated services provided by an individual volunteering the individual's time;
(v) a payment made by an occupant of a residence, office, or building for costs related to a meeting or fundraising event held in the occupant's residence, office, or building if the costs for the meeting or fundraising event do not exceed five hundred dollars. However, if the occupant hosts more than one event in an election cycle for the same beneficiary, all subsequent payments that exceed five hundred dollars in the aggregate are an expenditure;
(vi) a payment made by an individual for the individual's own travel expenses if the payment is made voluntarily without an understanding or agreement that the payment will be repaid to the individual;
(vii) an offer or tender of an expenditure if the offer or tender is expressly and unconditionally rejected and returned to the person making the expenditure within the time prescribed by this chapter.
(14) `Expenditures incurred' means an amount owed to a creditor for purchase of delivered goods or completed services.
(15) `Immediate family' means a child residing in a candidate's household, a spouse of a candidate, or an individual claimed by that candidate or that candidate's spouse as a dependent for federal income tax purposes.
(16) `Independent expenditure' means an expenditure made by a person to advocate the election or defeat of a clearly identified candidate, or, taken as a whole and in context, an expenditure made by a person expressly to urge a particular result in an election but which is not made to, controlled by, coordinated with, requested by, or made upon consultation with a candidate, committee, or agent of a candidate or committee.
(17) `Individual' means one human being.
(18) `In-kind contribution or expenditure' means goods or services provided to or by a person at no charge or for less than their fair market value.
(19)(a) `Legislative caucus committee' means a committee controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender of either house of the General Assembly.
(b) A party or group based upon racial or ethnic affinity or gender of a house may establish only one such committee.
(c) A legislative caucus committee is not a candidate-controlled committee.
(d) For purposes of this chapter, the term `political committee' does not include a legislative caucus committee.
(20) `Loan' means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part.
(21) `Organization' means a:
(a) labor organization;
(b) collective bargaining organization;
(c) local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation and membership; or
(d) trade or professional association, whether organized inside or outside the State, that receives its funds exclusively from membership dues or service fees.
(22) `Party committee' means the generally recognized entity which, according to the bylaws of the political party, is responsible for the daily operation of the party at a state or local level.
(23) `Person' means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, corporation, association, club, committee, organization, or group of persons acting in concert.
(24)(a) `Political committee' means a person or a combination of persons who:
(i) accepts and receives contributions aggregating at least five hundred dollars in a calendar year;
(ii) makes independent expenditures aggregating at least five hundred dollars in a calendar year;
(iii) makes contributions aggregating at least ten thousand dollars in a calendar year to, or at the request of, candidates or committees; or
(iv) represents itself or themselves as a committee supporting or opposing a candidate.
(b) A political committee does not include a candidate committee, party committee, or legislative caucus committee.
(25) `Public employee' means any person employed by the State, a county, a municipality, or any political subdivision thereof.
(26) `Public property' means governmentally purchased material such as stationery, postage, equipment, vehicles, office space, publications, and lists.
(27) `Public time' means the use of a public employee's time while on duty during normal working hours or the use of a public official's time while on duty, regardless of whether the elective official is compensated.
(28) `Regulated industry' means a telephone, telegraph, electric, gas, water, sewer, or other utility whose rates are determined by the State, a county, a municipality, or any political subdivision thereof. The term includes an insurance company, national or state bank or credit union, or a public or quasi-public board, commission, agency, or entity recognized and funded by state law.
(29) `Session' means regular annual session as established, authorized, and described in Section 9, Article III of the Constitution of this State and by Section 2-1-180.
(30) `State office' means an elective office other than a federal elective office eligible to be voted upon by all electors of the State.
(31) `Transfer' means the movement or exchange of funds or anything of value between political committees, party committees, or candidate committees, except the disposition of surplus funds or material assets by a candidate committee to a party committee in accordance with the dissolution procedures in this chapter.
(32) `Volunteer' means an individual who:
(a) if not self-employed, provides services free of charge outside of the individual's normal working hours; or
(b) if self-employed, provides services free of charge if the individual does not ordinarily sell or otherwise charge for those services.
Section 7-27-110. (A) A candidate shall designate one candidate committee by filing a statement of organization with the appropriate supervisory office no later than ten days after becoming a candidate.
(B) A candidate must certify the accuracy of the statement of organization.
Section 7-27-120. (A) A person may be chair, treasurer, or both chair and treasurer of a candidate committee.
(B) A candidate committee officer must accept the appointment, in writing, on the statement of organization.
(C) A treasurer and deputy treasurer of the candidate committee must be a resident of this State.
(D) A candidate may not serve as treasurer, except as treasurer of the candidate's own committee.
(E) A deputy treasurer also may be appointed and serve in the treasurer's capacity if the treasurer is unable to perform the treasurer's duties. The designation may be on the statement of organization.
Section 7-27-130. (A) A treasurer or chair of a candidate committee may be removed from office by the candidate.
(B) When a vacancy occurs in a candidate committee office, the candidate shall:
(1) notify the appropriate supervisory office no later than ten business days after the vacancy;
(2) assume the duties and responsibilities of the vacant office;
(3) notify the appropriate supervisory office of the appointment of an officer, other than a candidate, to fill the vacancy; and
(4) provide all information required by the statement of organization, for the new appointee, no later than ten business days after the appointment.
(C) If a candidate dies and there is no living committee officer, the executor of the candidate's estate shall dissolve the committee as soon as is practicable under terms of the dissolution procedures provided under this chapter and the time limits imposed for probating an estate.
Section 7-27-140. (A) When a vacancy occurs in a noncandidate committee office, the committee shall:
(1) notify the appropriate supervisory office no later than ten business days after the vacancy;
(2) designate an individual qualified under this chapter to assume the duties and responsibilities of the vacant office no later than ten business days after the vacancy;
(3) notify the appropriate supervisory office of the appointment of an officer to fill the vacancy; and
(4) provide all information required by the statement of organization for the new appointee no later than ten business days after the appointment.
Section 7-27-150. (A) A committee treasurer shall maintain and preserve an account of the following:
(1) the total of contributions accepted by the committee;
(2) the full name and address of each person making a contribution of more than one hundred dollars, including the date and amount of the contribution;
(3) the employer of each contributor contributing more than five hundred dollars. If the contributor is not an individual, this information is not required;
(4) the total of expenditures made by or on behalf of the committee;
(5) the full name and mailing address of each person to whom an expenditure is made of more than fifty dollars, including the date, amount, purpose, and recipient of the expenditure;
(6) all receipted bills, cancelled checks, or other proofs of payment with an explanation of each expenditure not otherwise identified upon the receipt.
(B) The treasurer shall maintain and preserve all receipted bills and accounts required by this chapter for at least three years from the date of the election for which the contribution or expenditure was made.
(C) The treasurer shall file in a timely manner the appropriate reports on the forms prescribed or approved by the appropriate supervisory office.
(D) A report submitted to the appropriate supervisory office must be signed by the treasurer and the candidate. The candidate shall attest to the report's accuracy.
(E) The treasurer or candidate shall file an amended report as required under this chapter if the treasurer has knowledge of an error or omission on a filed report of the committee.
Section 7-27-160. (A) A committee shall establish an exclusive campaign depository:
(1) in a financial institution that ordinarily conducts business within the State; and
(2) in an office located within the State that ordinarily conducts business with the general public.
(B) The committee must maintain a campaign account in the depository in the name of the committee. Acronyms may not be used.
(C) Except as otherwise provided by this chapter, expenses paid on behalf of a committee must be drawn from the campaign account and issued on a check signed by the treasurer or the chair.
(D) All contributions received by the candidate or committee treasurer, directly or indirectly, must be deposited by the treasurer within ten days after receipt in the campaign account. All contributions received by an agent of a committee must be provided to the treasurer not later than ten days after receipt. However, the proceeds of ticket sales from a fundraising event may be turned in by the day of the event.
(E) A committee shall be required to disclose the location of its campaign account.
(F) A contribution of more than one hundred dollars may not be deposited until the committee receives all the information about the contributor required by Section 7-27-150(A)(2).
Section 7-27-170. (A) A candidate may designate no more than one candidate committee.
(B) If a candidate receives or spends more than one thousand dollars, exclusive of the filing fee for office, the candidate must file a statement of organization with the appropriate supervisory office no later than ten days after such receipts or expenditures.
(C) (1) If a candidate does not anticipate receiving or expending more than one thousand dollars, the candidate is not required to form a committee.
(2) In lieu of filing a statement of organization, the candidate must file a statement containing such information as is required by Section 7-27-200, indicating that the candidate does not anticipate receiving or expending more than one thousand dollars.
(3) A candidate may withdraw a statement filed under Section 7-27-200 if:
(a) the candidate anticipates receiving or expending more than one thousand dollars; or
(b) the candidate actually receives or expends more than one thousand dollars;
whichever comes first.
(4) A candidate who withdraws a statement under subsection (C) must file a statement of organization within ten days after the requirement arises.
Section 7-27-180. Any noncandidate committee, including any noncandidate committee located out of state, which contributes or expends more than five hundred dollars in any election must file a statement of organization with the appropriate supervisory office no later than ten days after making the contribution or expenditure.
Section 7-27-190. (A) The statement of organization for a candidate committee must include the following:
(1) the full name of the candidate's committee;
(2) the party affiliation, if any, of the candidate;
(3) the complete mailing address and telephone number of the candidate and the candidate's residence address if different from the mailing address;
(4) the date the committee was organized;
(5) the office being sought by the candidate;
(6) the full name, mailing address, telephone number, and principal place of business of the chair, the treasurer, and, if appointed, a deputy treasurer;
(7) the full name and address of the depository in which the committee will maintain its campaign account;
(8) written acceptance of appointment by the chair and treasurer;
(9) a certification of the statement by the candidate.
(B) The candidate shall notify the appropriate supervisory office, in writing, of a change in information previously reported in a statement of organization no later than ten business days after the change unless a different date for such an amendment is provided elsewhere in this chapter.
Section 7-27-200. In lieu of filing a statement of organization, a candidate committee must file a statement indicating that the candidate does not anticipate receiving or expending more than one thousand dollars. The statement must include the following:
(1) the full name of the candidate;
(2) the party affiliation, if any, of the candidate;
(3) the complete mailing address and telephone number of the candidate and the candidate's residence address if different from the mailing address;
(4) the office being sought by the candidate;
(5) a certification of the statement by the candidate.
Section 7-27-210. (A) The statement of organization for a noncandidate committee must include the following:
(1) the full name of the committee which may not include the name of a candidate;
(2) the complete mailing address and telephone number of the committee;
(3) the date the committee was organized;
(4) a summary of the purpose of the committee;
(5) an indication as to whether the committee is a party committee or a legislative caucus committee;
(6) the name and mailing address of a corporation or an organization that sponsors the committee or is affiliated with the committee. If the committee is not sponsored by or affiliated with a corporation or an organization, the committee must specify the trade, profession, or primary interest of contributors to the committee;
(7) the full name, mailing address, telephone number, occupation, and principal place of business of the chair;
(8) the full name, mailing address, telephone number, occupation, and principal place of business of the treasurer, and, if appointed, of a deputy treasurer;
(9) an indication of whether the committee was formed to:
(a) support or oppose a candidate, or
(b) support or oppose a specific ballot measure, and, if formed to support or oppose a specific ballot measure, a brief description of the ballot measure;
(10) for a committee whose purpose concerns an election relative to a constitutional amendment, a brief description of the constitutional amendment and the position of the committee on the amendment;
(11) the full name, mailing address, telephone number, occupation, and principal place of business of the custodian of the books and accounts if other than the designated officers;
(12) the full name and address of the depository in which the committee will maintain its campaign account;
(13) written acceptance of appointment by the chair and treasurer;
(14) a certification of the statement by the chair and the treasurer.
(B) The name of the 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 is commonly known or clearly recognized by the general public.
(C) The chair shall notify the appropriate supervisory office, in writing, of a change in information previously reported in a statement of organization no later than ten business days after the change unless a different date for such an amendment is provided elsewhere in this chapter.
Section 7-27-410. (A)(1) With respect to elections occurring on or after the effective date of this article, for each primary, primary runoff, special, or general election in which a candidate has opposition, a person shall not contribute to a candidate committee and a candidate committee shall not accept contributions aggregating more than:
(a) five hundred dollars in the case of candidates for state office; or
(b) two hundred fifty dollars in the case of candidates for all other offices.
(2) If a candidate remains unopposed during an election cycle, the contribution limits in subsection (A)(1) apply during the election cycle.
(3) The restrictions on contributions in subsections (A)(1) and (A)(2) shall not apply to a candidate making a contribution to the candidate's own campaign.
(B) One person shall not contribute to a political committee and a political committee shall not accept from one person, contributions aggregating more than two thousand dollars in a calendar year, except that a national political committee may transfer to the political committee of an organization which is a member organization or subsidiary of the national political committee and such member or subsidiary political committee may accept aggregate contributions which may exceed two thousand dollars if the source of such funds transferred is contributed by individuals who are citizens and residents of South Carolina and the national political committee certifies the source of the funds together with the names and addresses of the South Carolina contributors who contributed the funds being transferred.
(C) One person shall not contribute to a party committee or legislative caucus committee and a party committee or legislative caucus committee shall not accept from one person contributions aggregating more than two thousand dollars in a calendar year.
Section 7-27-420. It shall be unlawful for:
(A) a political committee to make a contribution or expenditure by using anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same, or by dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment, or by monies obtained by the political committee in a commercial transaction;
(B) a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the 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;
(C) a corporation or political committee of a corporation to solicit contributions to the political committee from a person other than its shareholders, directors, executive or administrative personnel, and their families; and
(D) an organization or political committee of an organization to solicit contributions to such a committee from a person other than its members and their families.
Section 7-27-425. Notwithstanding the provisions of Section 7-27-420(C) and (D), a corporation or political committee of a corporation may bi-annually conduct seminars and provide educational materials to their non-executive and non-administrative personnel explaining the organization, purposes, and operation of political committees of the corporation and request contributions to such corporation's political committee if the corporation certifies within its annual report that the requirements of Section 7-27-420(A) and (B) were met.
Section 7-27-430. (A) A candidate committee or a committee controlled by a candidate shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate.
(B) This section does not prohibit a candidate from making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to the committee of another candidate for a different office.
(C) This section does not prohibit a candidate committee from providing its surplus funds or material assets upon dissolution to a legislative caucus committee or party committee in accordance with the procedures for dissolution of a candidate committee under Section 7-27-1720(B)(3) of this chapter.
Section 7-27-440. For purposes of the contribution limitations of this chapter, the following apply:
(A) All contributions made by a political committee whose contribution or expenditure activity is financed, maintained, or controlled by a corporation, labor organization, association, political party, or any other person or committee, including a parent, subsidiary, branch, division, department, or local unit of the corporation, labor organization, association, political party, or by a group of such persons are considered made by the same political committee.
(B) Two or more entities are treated as a single entity if the entities:
(1) share the majority of members on their boards of directors;
(2) share two or more officers;
(3) are owned or controlled by the same majority shareholder or shareholders;
(4) are in a parent-subsidiary relationship; or
(5) have by-laws so stating.
Section 7-27-450. (A) Contributions by a husband or wife are considered separate contributions and not aggregated. Contributions given jointly by a husband and wife are to be attributed proportionately to each spouse.
(B) Contributions by unemancipated children under eighteen years of age are considered contributions by their parents and attributed proportionately to each parent. Fifty percent of each contribution is attributed to each parent unless the totality of the circumstances demonstrates that the total contribution should be attributed to one parent.
Section 7-27-460. (A) A loan is considered a contribution from the maker and the guarantor of the loan and is subject to the contribution limitations of this chapter.
(B) A loan to a candidate or the candidate committee must be by written agreement.
(C) The proceeds of a loan made to a candidate:
(1) by a commercial lending institution;
(2) in the regular course of business;
(3) on the same terms ordinarily available to members of the public; and
(4) secured or guaranteed, upon which collection is not made;
are not subject to the contribution limits or reporting requirements of this chapter.
Section 7-27-470. (A) A candidate for state office or the candidate's family member, as defined in Section 8-13-20, shall not be repaid more than twenty-five thousand dollars aggregate after the election for a loan made to the candidate's committee.
(B) A candidate for an elective office other than those specified in subsection (A) or a family member, as defined in Section 8-13-20, of a candidate for an elective office other than those specified in subsection (A) shall not be repaid more than ten thousand dollars aggregate after the election for a loan made to the candidate's committee.
Section 7-27-480. (A) A person shall not make to a committee and a committee shall not accept an anonymous contribution exceeding the threshold for disclosure of contributions in an election as provided in Section 7-27-150.
(B) The recipient of an anonymous contribution of more than the disclosure threshold for a contribution shall not keep the contribution, but shall remit the contribution to the Children's Trust Fund of South Carolina, as established in Section 20-7-5010, and report the action in the next required report to the appropriate supervisory office.
Section 7-27-490. (A) A person shall not make to a committee and a committee shall not accept a contribution in cash, except that a candidate or candidate committee may accept from individuals attending a religious service an aggregate cash contribution of not more than:
(1) five hundred dollars in the case of a candidate for state office; or
(2) two hundred fifty dollars in the case of candidates for all other offices.
(B) The provisions of subsection (A) do not preclude an elective official or candidate for elective office from accepting cash contributions, limited to twenty-five dollars per person, for fund-raising events where food or beverages are served or where political merchandise is distributed if the contribution is to defray the cost of the meal, beverage, or political merchandise in whole or in part.
Section 7-27-500. A person shall not make a contribution, other than an in-kind contribution, except as provided by Section 7-27-490 or by written instrument containing the name of the donor and the name of the payee.
Section 7-27-510. For purposes of this chapter:
(A) A contribution made on or before the day of the primary or primary runoff is attributable to the primary.
(B) A contribution made after the day of the primary or primary runoff is considered to be made for the general election.
Section 7-27-520. No committee, candidate for or member of the General Assembly, or a candidate for or an officeholder of any statewide constitutional office may knowingly solicit, accept, or receive a campaign contribution from a registered lobbyist, or lobbyist's principal.
Section 7-27-710. (A) A person shall not use or authorize the use of public funds, property, or time to influence the outcome of an election.
(B) A person shall not print or distribute or cause to be printed or distributed at public expense a newsletter or other mass mailing of promotional material on behalf of a public official from the day the official files a declaration of candidacy or petition for nomination through the date of the election for the office. This subsection does not prohibit the mailing of a report about legislative activities within ninety days after the termination of the legislative session.
(C) A person shall not offer or give a contribution nor shall a candidate, an elected official, or committee knowingly receive or solicit a contribution on the capitol grounds as defined by Section 10-31-310, State House complex, the Governor's Mansion or its grounds, or any building which houses the office of a statewide constitutional officer or a member of his staff. If a candidate, elected official, or committee discovers that a contribution was received on either of these properties then the candidate, elected official, or committee must report the action in the next required report to the appropriate supervisory office. The person or committee which received such a contribution must return the contribution to the donating party if the donor is known. If the identity of the donor is unknown, then the contribution must be remitted to the Children's Trust Fund of South Carolina, as established in Section 20-7-5010. However, specifically excluded from the provisions of this section are any contributions received through the postal service at a candidate's, elected official's, or committee's ordinary place of business and received as part of the normal course of business.
(D) This section, except for subsection (B), does not apply to:
(1) activities that are part of the ordinary conduct of the government office or agency; and
(2) nonpartisan voter registration activities and nonpartisan get-out-the-vote campaigns.
Section 7-27-720. (A) An elective official or the elective official's agent shall not knowingly solicit, directly or indirectly, a contribution from an employee in the elective official's area of official responsibility, as defined in Section 8-13-20.
(B) A public official or public employee shall not provide an advantage or disadvantage to a public employee or applicant for public employment concerning the applicant's or employee's:
(1) employment,
(2) conditions of employment, or
(3) application for employment
based on the employee's or applicant's contribution, promise to contribute, or failure to contribute to a political party or committee.
Section 7-27-730. (A) The following persons personally shall not solicit, verbally or in writing, a contribution to a political party or committee:
(1) a law enforcement officer while in uniform;
(2) a judge, candidate for judicial office, or employee of a court;
(3) a solicitor, assistant solicitor, or an employee of a solicitor's office.
(B) These restrictions on solicitation of contributions shall not apply to a candidate soliciting a contribution to the candidate's own candidate committee, except for a law enforcement officer while in uniform who shall not be permitted to solicit a contribution to any political party or committee.
Section 7-27-735. No person who has been awarded a state contract, other than contracts awarded through state competitive bidding practices, may make a contribution after the awarding of the contract or invest in a financial venture in which an elective official has an interest if that official was in a position to act on the contract's award. No elective official or public employee may solicit campaign contributions or investments in exchange for the prior award of a state contract or the promise of a state contract.
Section 7-27-740. (A) A public utility shall not include in operating expenses a contribution or expenditure to influence an election or to operate a political action committee.
(B) A person shall not solicit from a candidate, committee, political party, or other person, money or other property as a condition or consideration for an endorsement, article, or other communication in the news media promoting or opposing a candidate, committee, or political party.
(C) An employer shall not provide an advantage or disadvantage to an employee concerning the employee's employment or conditions of employment based on the employee's contribution, promise to contribute, or failure to contribute to a candidate, committee, or political party.
(D) A person shall not, directly or indirectly, reimburse a person, except for the person's immediate family, for a contribution to a candidate, committee, or political party.
Section 7-27-910. (A) A campaign expenditure shall only be made through the candidate committee. A candidate may make expenditures on behalf of the candidate's candidacy only through a contribution to the candidate's candidate committee.
(B) Committee funds may not be used to defray personal living expenses for the candidate or the candidate's immediate family which are unrelated to the campaign or the office if the person is an elective official.
(C) An expenditure may be made by a committee only to influence or attempt to influence the actions of the voters for or against the nomination or election of a candidate to the office for which the candidate has filed or has been elected. An expenditure may not be made if it is clear from the surrounding circumstances that it was not made for these purposes. This subsection does not apply to: (1) `thank you' advertisements by a candidate after an election;
(2) a post-election party;
(3) fees of lawyers or accountants necessary to comply with this chapter or to represent the candidate or committee in a subsequent proceeding arising from the campaign;
(4) a contribution to an organization qualified as a 501(c)(3) organization by the Internal Revenue Code. The contribution shall not exceed a value of more than one thousand dollars per organization; and
(5) a contribution to a party committee. The use of the contribution by the party committee shall be limited to operational purposes or get-out-the-vote campaigns. A candidate committee shall not give to a party committee a contribution aggregating more than:
(a) ten thousand dollars in the case of a candidate for state office in a single election cycle;
(b) five thousand dollars in the case of candidates for the office of State Senator, State Representative, or any multi-county office in a single election cycle; or
(c) two thousand five hundred dollars in the case of a candidate for a single county office or a municipal office in a single election cycle.
(6) an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office. (D) An expenditure of funds may not be made which the candidate or committee knows, has reason to believe, or reasonably should have known were contributed to the committee in violation of this chapter.
(E) An expenditure of more than fifty dollars: (1) may not be made in cash; and
(2) must be made by written instrument drawn upon the campaign account containing the name of the committee and the name of the recipient.
(F) An expenditure of more than fifty dollars must be accounted for by written documentation indicating:
(1) the date of the expenditure;
(2) the amount;
(3) the name of the recipient;
(4) the reason for the expenditure; and
(5) the form of the expenditure (including credit card, check, or money order).
(G) An expenditure may not be made, other than for overhead or normal operating expenses, by an agent, independent contractor, or advertising agency, on behalf of or for the benefit of a committee unless the expenditure is reported by the committee as if the expenditure were made directly by the committee. The agent, independent contractor, or advertising agency shall make all information required to be reported available to the committee.
(H) An expenditure may not be made that is clearly in excess of the fair market value of services, materials, facilities, or other things of value received in exchange.
Section 7-27-920. (A) There may be withdrawn from the campaign account not more than five hundred dollars to establish or replenish a petty cash fund for the candidate or committee at any time, but at no time may the fund exceed five hundred dollars.
(B) An expenditure from the petty cash fund:
(1) may not be made in an amount of more than fifty dollars;
(2) may be made only for office supplies, transportation expenses, and other necessities; and
(3) may not be used for the purchase of time, space, or services from the media.
Section 7-27-930. (A) A committee which makes an independent expenditure of more than one hundred dollars for a communication to voters supporting or opposing a candidate or a ballot measure shall include the following statement on the communication: `NOTICE TO VOTERS (Required by Law) This communication is paid for by (name, address, city, state)'.
(B) This statement must:
(1) appear on each page or fold of the written communication in print at least as bold as the print of the general body of the communication; (2) be in a printed or drawn box set apart from any other printed matter; or
(3) be clearly spoken on any broadcast advertisement.
Section 7-27-940. (A) It shall be unlawful for a person to distribute or post or cause to be distributed or posted an anonymous communication supporting or opposing a candidate or a ballot measure.
(B) A party aggrieved as a result of a person or group of persons violating the provisions of this section may institute an action in his own name in the circuit court to recover damages.
Section 7-27-1110. (A) This section applies to a person who has not filed a statement for the calendar year as a public official under Section 8-13-810.
(B) A candidate shall file a statement of economic interests for the preceding calendar year at the same time and with the same official with whom the candidate files a declaration of candidacy or petition for nomination.
(C) A candidate shall, no later than five business days after filing a statement of economic interests under subsection (B), file a copy of the statement with the appropriate supervisory office.
(D) An individual who becomes a candidate other than by filing shall, no later than fifteen business days after becoming a candidate, file a statement of economic interests for the preceding calendar year with the appropriate supervisory office.
(E) An officer authorized to receive declarations of candidacy and petitions for nominations under the provisions of Chapter 11 of Title 7 shall not accept a declaration of candidacy or petition for nomination unless the declaration or petition is accompanied by a statement of economic interests. If the candidate's name inadvertently appears on the ballot, the officer authorized to receive declarations of candidacy or petitions for nomination shall not certify the candidate subsequent to the election.
(F) If the candidate files for office before January first of the year in which the election is held, the candidate shall file a supplementary statement covering the preceding calendar year no later than April first of the year in which the election is held.
(G) A candidate who is not an elective official otherwise filing a statement has the same disclosure requirements as an elective official with the exception of reporting of gifts.
(H) Under the provisions of Chapter 13 of Title 8, the State Ethics Commission shall furnish to each clerk of court in the State forms on which the statement of economic interests shall be filed.
Section 7-27-1120. (A) Except as provided in subsections (B) and (C), the treasurer of each candidate or noncandidate committee shall file quarterly reports of contributions and expenditures no later than January fifteenth, April fifteenth, July fifteenth, and October fifteenth and include all contributions and expenditures made as of December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively.
(B) The treasurer of a candidate committee may file semiannual rather than quarterly reports in a year in which the office sought is not up for election.
(C) The treasurer of a noncandidate committee may file semiannual rather than quarterly reports in a year in which the treasurer's committee is not participating in an election cycle.
(D) Semiannual reports are due July fifteenth and January fifteenth and must include all contributions and expenditures made by June thirtieth and December thirty-first, respectively.
Section 7-27-1130. (A) A noncandidate or candidate committee shall file a pre-election report if the committee supports or opposes a candidate for office in that election cycle or if the committee supports or opposes a question of public policy on the ballot in that election.
(B) A pre-election report must be filed no later than ten days before an election. This pre-election report must include information for all transactions made since the last report filed through five days before the date the report must be filed.
Section 7-27-1140. (A) If a committee has accepted one or more contributions or made one or more expenditures during a reporting period, the treasurer shall file a complete report of contributions and expenditures.
(B) If a committee has not accepted any contributions and has made no expenditures during a reporting period, the treasurer shall file a statement of inactivity.
Section 7-27-1150. (A) The basic reporting form must include the following administrative information:
(1) committee name and address;
(2) type of report (quarterly, semiannual, or pre-election;
(3) if a pre-election report, the election date.
(B) The form must include the balance of cash on hand at the beginning of the reporting period.
(C) The form must include the following information about contributions:
(1) the total amount of all contributions received during the reporting period;
(2) the total amount of contributions for the year to date;
(3) the total amount of contributions of one hundred dollars or less from one source in the aggregate received during the reporting period;
(4) the name and address of each contributor contributing more than one hundred dollars in the aggregate during the reporting period, the date and amount of each contribution, and the total amounts of contributions for the year to date;
(5) the employer of each contributor contributing more than five hundred dollars. If the contributor is not an individual, this information is not required;
(D) The form must include the following information about loans:
(1) the total amount of all loans received during the reporting period and the total amount of loans for the year to date;
(2) the total amount of all loans of one hundred dollars or less received during the reporting period and the total amount of loans for the year to date;
(3) the date and amount of each loan of more than one hundred dollars in the aggregate from one source during the reporting period, and:
(a) the name and address of the lending institution;
(b) the name and address of each lender or endorser;
(c) the year-to-date total of loans aggregating more than one hundred dollars from one person; and
(d) the terms of each loan, including the interest rate and repayment schedule.
(E) The form must contain the same information for in-kind contributions as for monetary contributions and also must include a description of the in-kind contribution.
(F) Upon the request of the treasurer, a person making an in-kind contribution promptly shall provide all necessary information to the treasurer, including the value of the contribution.
(G) The form must contain the date and description of each fundraiser held during the reporting period.
(H) The form must contain the following information about other receipts:
(1) the total of refunds, rebates, interest, or other receipts not previously identified during the reporting period and the year-to-date total;
(2) the total amount of other receipts identified in subsection (I)(1) received of one hundred dollars or less from one source in the aggregate during the reporting period;
(3) the date and amount of each refund, rebate, interest, or other receipt not previously identified of one hundred dollars or more in the aggregate from one source, the name and address of each source, and the year-to-date total;
(4) the amount of funds loaned or donated by a corporation or labor organization to its political committee for the establishment and for solicitation costs of the committee.
(I) The form must contain:
(1) the aggregate total of contributions, loans, and other receipts during the reporting period and the year-to-date aggregate total; and
(2) separate totals for in-kind contributions.
(J) The form must contain the following information about expenditures (including transfers and ticket purchases):
(1) the total amount of expenditures made during the reporting period and the year-to-date total, including in-kind expenditures which must be equal to in-kind contributions received;
(2) the total amount of expenditures made during the reporting period of one hundred dollars or less in the aggregate to one entity;
(3) the amount, date, and a brief description of consideration for which each campaign expenditure was made of more than one hundred dollars in the aggregate to one entity during the reporting period, the name and address of the entity to which the expenditure was made, the recipient of the expenditure, and the year-to-date total. Disbursements to consultants, advertising agencies, and similar firms; credit card expenses; and candidate reimbursements must be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose.
(K) The form must contain the following information about independent expenditures:
(1) the total amount of independent expenditures made during the reporting period and the year-to-date total;
(2) the total amount of independent expenditures made during the reporting period of one hundred dollars or less in the aggregate to one entity;
(3) the amount and date of each independent expenditure of more than one hundred dollars in the aggregate during the reporting period, and the name and address of the entity, the beneficiary and purpose of the expenditure, and the year-to-date total.
(L) The form must contain the following information about loans made:
(1) the total value of loans made to others during the reporting period and the year-to-date total;
(2) the amount and date of each loan made of more than one hundred dollars in the aggregate to one entity during the reporting period, the name and address of the recipient of the loan, the terms of the loan (repayment schedule and interest rate), the purpose, and the year-to-date total.
(M) The form must contain the following information about the unpaid loan balance:
(1) the total balance of loans owed by the committee;
(2) the total balance of loans of one hundred dollars or less in the aggregate owed by the committee to one entity;
(3) the balance of loans owed by the committee, itemized by name and address, and the date of the loan if more than one hundred dollars is owed to one entity;
(4) the total balance of loans owed to the committee;
(5) the total balance of loans of one hundred dollars or less in the aggregate owed to the committee by one entity;
(6) the balance of loans owed to the committee, itemized by name and address, and date of the loan, if more than one hundred dollars is owed by one entity.
(N) The form must contain the following information about expenditures incurred:
(1) the total amount of all expenditures incurred. An expenditure incurred is reported on each report filed after the date or receipt of goods or services until payment is made by the vendor. A payment must be listed as an expenditure when the payment is made;
(2) the total amount of expenditures made to all entities which:
(a) did not exceed one hundred dollars for any single expenditure; or
(b) did not exceed one hundred dollars in the aggregate of all expenditures from any one entity;
(3) a list of expenditures incurred, and the name and address of the creditor if the amount is more than one hundred dollars in the aggregate, the purpose of the purchase, and the recipient.
(O) The form must state the cash balance on hand as of the close of the reporting period.
(P) The form must include a certification by the chairman and treasurer of the committee.
Section 7-27-1160. (A) A statement of inactivity must include the following information:
(1) the committee name and address;
(2) the type of report: quarterly, semiannual, or pre-election;
(3) a statement by the treasurer verifying that no contribution was received and no expenditure was made during the reporting period.
(B) Interest earned is not a contribution and need not be reported on the inactivity statement.
Section 7-27-1310. (A) Each lobbyist and lobbyist's principal, as defined in Section 2-17-10, shall file a report of contributions made to any public official with the appropriate supervisory office for that public official to whom the contribution was given not later than January thirty-first of each year. The report must include an itemization of contributions made during the previous calendar year to:
(1) a public official; or
(2) a candidate who became a public official.
(B) The report must itemize contributions from:
(1) the lobbyist, as defined in Section 2-17-10(8), who will report only his contributions;
(2) the lobbyist's immediate family members;
(3) the lobbyist's principal, as defined in Section 2-17-10(9), who will report only his contributions;
(4) a political action committee sponsored by the lobbyist's principal; and
(5) contributions solicited, arranged, or transmitted by the lobbyist.
(C) The report must indicate the following:
(1) the date of each contribution;
(2) the name and address of the contributor;
(3) the public official to whom the contribution was made;
(4) the amount of the contribution.
Section 7-27-1510. (A) Reports shall be filed in a format specified by the State Election Commission except for the statement of economic interests which shall be filed in a format specified by the State Ethics Commission.
(B) Except for a report submitted under subsection (C), a report filed must be typed or printed in black ink on forms supplied or approved by the State Election Commission or on legible direct reproductions of the forms.
(C) A report may be filed with the appropriate supervisory office on a computerized printout if the following requirements are satisfied:
(1) the State Election Commission reviews and approves the proposed format for use by the committee before the format is used to file a report;
(2) individual sheets are separated;
(3) the State Election Commission reviews and approves a proposed amendment to the format for use by the committee before the amended format is used to file a report.
Section 7-27-1520. For purposes of this chapter, a report is deemed to be filed on the day it is mailed to the appropriate supervisory office.
Section 7-27-1710. (A) A federal office candidate committee shall not use or permit the use of contributions solicited for or received by the candidate committee to further the candidacy of the individual for a state, county, municipal, or political subdivision office. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds shall in no way limit a candidate committee from retaining funds for use in a subsequent race for the same elective office.
(B) A state, county, municipal, or political subdivision office candidate committee shall not use or permit the use of contributions solicited for or received by the candidate committee to further the candidacy of the individual for a federal office. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds shall in no way limit a candidate committee from retaining funds for use in a subsequent race for the same elective office.
(C) A state, county, municipal, or political subdivision office candidate committee shall not use or permit the use of contributions solicited for or received by the candidate committee to further the candidacy of the individual for a state, county, municipal, or political subdivision office other than the office designated on the statement of organization. A contribution solicited for or received on behalf of the candidate is considered solicited or received for the candidacy for which the individual is then a candidate if the funds or contributions are solicited or received before the general election for which the candidate is a nominee or is unopposed. The prohibition on the use or solicitation of funds shall in no way limit a candidate committee from retaining funds for use in a subsequent race for the same elective office.
Section 7-27-1720. Notwithstanding the provisions of Section 7-27-1710, a candidate committee may use or permit the use of contributions solicited for or received by the candidate committee to further the candidacy of the individual for an office other than the office designated on the statement of organization if:
(1) the person originally making such contribution gives written authorization for its use to further the candidacy of the individual for a specific office which is not the office designated on the statement of organization; and
(2) the contribution would otherwise be permitted by law.
Section 7-27-1730. (A) A candidate committee may not dissolve until after:
(1) a primary election or convention in which the candidate is defeated; or
(2) a special election in which the candidate is defeated; or
(3) the general election in which the candidate is a candidate by:
(a) inclusion on the ballot, or
(b) seeking election as a qualified write-in candidate; or
(4) a candidate withdraws from the race.
(B) A party committee may dissolve only after the party itself dissolves.
(C) A committee other than a party committee or candidate committee may dissolve only after it determines that it will not accept contributions or make expenditures.
(D) A final report may be filed at the time or before a scheduled filing is due. The form must:
(1) be marked `final'; and
(2) include a list of the material assets worth one hundred dollars or more and detail their disposition.
(E) If a committee owes or is owed money, the committee may dissolve but must report the status of the debts quarterly on the same schedule as active committees until all debts are resolved. Methods of resolution also must be detailed.
(F) Committee assets must be disposed of according to this chapter before dissolution.
Section 7-27-1740. (A) A committee must dissolve in the following circumstances:
(1) when an elective official retires from elective office; or
(2) when an elective official runs for a different office.
(B) A candidate whose candidate committee is dissolving and has an unexpended balance of funds not otherwise obligated for the payment of expenses incurred to further the candidate's candidacy shall designate how the surplus funds are to be distributed. The surplus funds may:
(1) escheat to the state general fund;
(2) be returned pro rata to all contributors who contributed within the last election cycle;
(3) in the case of a partisan candidate, be transferred to the state or local executive committee or legislative caucus committee of the political party of which the candidate is a member at the time the funds were received;
(4) be distributed to an organization qualified as a 501(c)(3) organization by the Internal Revenue Code; or
(5) be distributed using a combination of these options.
(C) A political committee, other than a candidate committee, with an unexpended balance of funds not otherwise obligated for the payment of expenses incurred to further the committee's purposes shall designate how the surplus funds are to be distributed. The surplus funds may:
(1) escheat to the state general fund;
(2) be returned pro rata to all contributors; or
(3) be distributed to an organization qualified as a 501(c)(3) organization by the Internal Revenue Code; or
(4) be distributed using a combination of these options.
(D) If a pro rata refund is chosen, the candidate or a member of the candidate's immediate family is not eligible for a refund of funds that the candidate or a member of the candidate's immediate family has contributed to the committee unless the pro rata refund that other contributors would receive is greater than the other contributors' aggregate contributions.
(E) If a contributor other than the candidate or a member of the candidate's immediate family would receive a total pro rata refund that is greater than the contributor's aggregate contributions, the contributor shall receive a full refund of his aggregate contributions. The candidate or a member of the candidate's immediate family is then eligible to receive a pro rata refund of the remaining funds.
Section 7-27-1910. (A) The appropriate supervisory office shall send by first class mail a notice of obligation to file and appropriate forms for filing the necessary report or statement no less than thirty days before each filing date for which a committee is required to file the report or statement. The appropriate supervisory office shall notify each registered committee no less than thirty days before each filing date for a quarterly or semiannual report. The appropriate supervisory office shall send a notice of obligation to file a pre-election report to a committee if information provided on the statement of organization indicates probable involvement in a particular election.
(B) A committee is not relieved of its reporting responsibilities if:
(1) the appropriate supervisory office fails to send a notice or form; or
(2) the committee does not receive a notice or form.
Section 7-27-1920. (A) Any report required by this chapter must be made available for public inspection at the appropriate supervisory office no later than two business days after receipt.
(B) The appropriate supervisory office shall ensure that the reports are available for copying or purchase at a fee not to exceed the actual cost of searching for or making copies of records.
Section 7-27-1930. Each appropriate supervisory office must conduct seminars to provide information to interested parties over whom each appropriate supervisory office has jurisdiction about the requirements of this chapter prior to January 1, 1992.
Section 7-27-1940. The State Election Commission must adjust by regulation the amount of any dollar figure listed in this chapter on an annual basis by increasing the amount by five percent.
Section 7-27-1950. Any person who knowingly or wilfully violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both. Each violation of this chapter constitutes a separate offense.
In addition to any other penalty provided by this chapter, a person who files a required statement late or fails to file a required statement may be assessed a civil penalty by the appropriate supervisory office as follows:
(1) a fine of fifty dollars if the required statement is not filed within ten days after the established deadline provided in this chapter; and
(2) 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 two hundred fifty dollars.
The fine may not be enforced by the appropriate supervisory office if it is determined that the late filing was not wilful and that enforcement of the fine does not further the purposes of the chapter. No liability is waived if the required statement is not filed at the established deadline after receiving written notification of the filing requirement from the appropriate supervisory office.
Campaign reporting errors or omissions that are brought to the attention of the State Election Commission either through a complaint or through knowledge of the State Election Commission must be handled as technical violations and are not subject to the provisions of this chapter pertaining to ethical violations. In lieu of all other penalties, the State Election Commission may assess a technical violations penalty not to exceed two hundred dollars. If the State Election Commission determines that the violation is not an error or an unintentional omission but an effort to violate a requirement of this chapter, then the State Election Commission may assess the proper penalty as provided for in this section."
SECTION 4. Chapter 13, Title 8 of the 1976 Code is amended to read:
Section 8-13-10. The General Assembly hereby finds and declares that elected public office and public employment is a public trust; and that any effort to realize personal gain through official conduct responsibility is a violation of that trust; that the proper operation of democratic government requires a public official, public member, or public employee to be independent and impartial; that government policy and decisions need to be made through the established processes of government; that a public official, public member, or public employee not use public service to obtain private benefits; that it is essential that a public official, public member, or public employee avoid action which creates the appearance of using public service to obtain a benefit; and that it is essential that the general public have confidence in the integrity of its government and its public officials, public members, and public employees. It The General Assembly further finds that the people of South Carolina want legislation to insure ensure that conflicts of interest of public officials, public members, and public employees be eliminated to the extent possible and that violations of rules of ethical conduct be investigated and punished where appropriate. The General Assembly further finds that based on research of ethics legislation in other states such legislation must be drawn in a manner to prevent the use of such legislation for political purposes or to maliciously damage the reputations of elected public officials, public members, and public employees. It The General Assembly further finds that based on an opinion of the Attorney General dated May 14, 1975, such legislation must preserve the constitutional right of the General Assembly to judge the qualifications of its members. To accomplish the purposes hereinabove enumerated, the General Assembly has determined to enact the legislation provided for in this chapter.
Section 8-13-20. As used in this chapter:
(a) `Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, and self-employed individual;
(b) `Business with which he is associated' means any business of which the person or a member of his household is a director, officer, owner, employee, or holder of stock worth ten thousand dollars or more at fair market value or which constitutes five percent or more of the total outstanding stock of any class and any business which is a client of the person;
(c) `Candidate for public office' means any person who has filed a declaration of candidacy or a petition to appear on the ballot for election as a public official, and any person who has been nominated for appointment to serve in an office filled by election by the General Assembly or an appointive office requiring the advice and consent of the Senate or the General Assembly but does not include candidates for the presidency or vice-presidency of the United States.
(d) `Public employee' means any person employed by the State or a county, municipality or any political subdivision thereof;
(e) `Public official' means any elected or appointed official of the State, county, municipality, or other political subdivision, other than the judiciary;
(f) `Member of household' means any person, his or her spouse, and any children occupying the same family residence;
(g) `Economic interest' means any business transaction by a person directly with the State or any administrative agency or department thereof, or with a county, district, or other political subdivision thereof;
(h) `Election' means (1) a general, special, primary or runoff election, (2) a convention or caucus of a political party held to nominate a candidate, and (3) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States;
(i) `Anything of value' means any item, article, money or thing of monetary worth, but shall not include food and beverage of nominal cost which is consumed at the time presented and in the presence of the donor and any item of nominal value not to exceed ten dollars;
(j) `Contribution' means (1) a gift, subscription, loan, advance, in kind, service, or deposit of money or anything of value, made for the purpose of influencing the nomination for election, or election or appointment of any person to elective or appointed public office; (2) a transfer of funds between political committees; (3) the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge for any such purpose. Notwithstanding the meanings of `contribution' herein, the word shall not be construed to include services provided without compensation by individuals volunteering a portion or all of their time on behalf of a candidate or political committee for which time they receive no compensation from any source;
(k) `Supervisory office' means the State Ethics Commission for all candidates for public office in this State except for those candidates for the office of State senator or State Representative, and means the Senate Ethics Committee for candidates for the office of State Senator and means the House of Representatives Ethics Committee for candidates for the office of State Representative;
(l) `Person' means an individual, partnership, committee, association, corporation, labor organization and any other organization or groups of persons.
(1)(a) `Anything of value' or `thing of value' means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, antique, or collectible;
(x) an automobile or other means of personal transportation;
(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) `Anything of value' or `thing of value' does not mean:
(i) a campaign contribution properly received and reported under the provisions of Chapter 27 of Title 7;
(ii) printed informational or promotional material, not to exceed ten dollars in monetary value;
(iii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iv) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(v) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(vi) an honorary degree bestowed upon a public official, public member, or public employee from a public or private university or college; or
(vii) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official, public member, or public employee.
(2) `Appropriate supervisory office' means:
(a) the State Ethics Commission for all candidates for public office in this State except for those members of or candidates for the office of State Senator or State Representative;
(b) the Senate Ethics Committee for members of or candidates for the office of State Senator; and
(c) the House of Representatives Ethics Committee for members of or candidates for the office of State Representative.
(3) `Business' means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, and self-employed individual.
(4) `Business with which he is associated' means:
(a) any business of which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family is a director, officer, employee, or general or limited partner;
(b) any business which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family owns, has an investment interest, or a beneficial interest in shares of stock which constitute more than five percent of the issued and outstanding shares or interests in the business and are worth more than one hundred thousand dollars; or
(c) any business of which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family serves as a compensated agent.
(5) `Candidate for public official or public member' means any person who has filed a declaration of candidacy or a petition to appear on the ballot for election as a public official or any person who has been nominated for appointment to serve in an office filled by election by the General Assembly or an appointive office requiring the advice and consent of the Senate or the General Assembly but does not include candidates for the presidency or vice-presidency of the United States.
(6) `Charitable organization' means an organization described in Title 26, Section 170(c) of the United States Code as it currently exists or as it may be amended.
(7)(a) `Compensation' includes:
(i) an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value; or
(ii) a contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money or anything of value for services rendered or to be rendered.
(b) `Compensation' does not include reimbursement of expenses if:
(i) the reimbursement does not exceed the amount actually expended for the expenses; and
(ii) the reimbursement is substantiated by an itemization of expenses.
(8) `Consultant' means an individual, other than a public official, public member, or public employee, who contracts with the State, county, municipality, or a political subdivision thereof to:
(a) evaluate bids for public contracts, or
(b) to award public contracts.
(9)(a) `Economic interest' means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a public official, public member, or public employee may gain an economic benefit of fifty dollars or more.
(b) This definition does not prohibit a public official, public member, or public employee from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the public official, public member, or public employee is incidental to the public official's, public member's, or public employee's position or which accrues to the public official, public member, or public employee as a member of a profession, occupation, or large class, to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.
(10) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate; and
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or to the Constitution of this State.
(11) `Family member' means an individual:
(a) who is the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or
(b) who is a member of the individual's immediate family.
(12)(a) `Gift' means anything of value, other than a contribution, as defined by Section 7-27-20(7), to the extent that consideration of equal or greater value is not given in exchange.
(b) `Gift' does not include the following:
(i) a gift that is not used and is returned to the donor or delivered to a charitable organization, no later than thirty days after receipt, and is not claimed as a charitable contribution for federal income tax purposes; or
(ii) a gift, devise, or inheritance from an individual's spouse, child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse of a child, parent, grandpar- ent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin if the donor is not acting as the agent or intermediary for someone other than a person covered by this subitem.
(13) `Governmental entity' means the State, a county, a municipality, or political subdivision thereof with which a public official, public member, or public employee is associated or employed. Governmental entity also means any charitable organization or foundation, but not any athletic organization or athletic foundation of whatever nature, which is associated with a state educational institution and which is organized to raise funds for the academic, educational, research, or building programs of a college or university.
(14) `Immediate family' means:
(a) any child residing in a public official's, public member's, or public employee's household;
(b) a spouse of a public official, public member, or public employee; or
(c) an individual claimed by the public official, public member, or public employee, or the public official's, public member's, or public employee's spouse as a dependent for income tax purposes.
(15) `Individual' means one human being.
(16) `Individual with whom he is associated' means any individual with whom the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family mutually has an interest in:
(a) any business of which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family is a director, officer, employee, or general or limited partner;
(b) any business which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family owns, has an investment interest, or a beneficial interest in shares of stock which constitute more than five percent of the issued and outstanding shares or interests in the business and are worth more than one hundred thousand dollars; or
(c) any business of which the public official, public member, or public employee or a member of the public official's, public member's, or public employee's immediate family serves as a compensated agent.
(17) `Official responsibility' means the direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates, to approve, disapprove, or otherwise direct government action.
(18) `Participate' or `participation' includes decision, approval, disapproval, recommendation, the rendering of advice, or vote.
(19) `Person' means an individual, proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, estate, company, club, organization, committee, association, corporation, labor organization, and any other organization or group of persons acting in concert.
(20) `Public contract' means a contract for goods, services, or construction let by a unit of government.
(21) `Public employee' means any person employed by the State, a county, a municipality, or a political subdivision thereof.
(22) `Public member' means a member appointed to a noncompensated part-time position on a board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services.
(23)(a) `Public official' means any elected or appointed official of the State, county, municipality, or a political subdivision thereof, or an individual who is appointed to fill a vacancy in the office, whether or not the individual has yet assumed the office.
(b) `Public official' does not include a public member or an office under the unified judicial system.
(24) `Remuneration' means payment in the form of a wage, salary, or other goods or services.
(25) `Represent' or `representation' means making an appearance, whether gratuitous or for compensation, before a state agency, office, department, division, bureau, board, commission, or council, including the General Assembly, or before a local or regional government office, department, division, bureau, board, or commission.
(26) `State office' means an office, other than a federal office, eligible to be voted upon by all electors of the State.
(27) `Substantial monetary value' means a monetary value of five hundred dollars or more.
Section 8-13-110. (A) The State Ethics Commission as constituted under law in effect before January 1, 1992, ceases to exist with the appointment and qualification of members as prescribed in this section. Under this section, members of the State Ethics Commission are to be appointed to begin service on January 1, 1992.
(B) There is hereby created the State Ethics Commission to be composed of six twelve members, one two of whom shall must be appointed from each congressional district by the Governor, upon the advice and consent of the General Assembly Senate. Appointments must be made so that the membership of the commission from each congressional district consists of one member who identifies with the majority political party represented in the General Assembly and one member who identifies with the largest minority political party represented in the General Assembly. The Governor shall indicate the party identification on the appointment. The membership must be representative of racial and ethnic minorities and of women. No member of the General Assembly or other public official shall be is eligible to serve on the State Ethics Commission.
(C) Members shall be appointed in the following manner: (1) from the first congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number one; (2) from the second congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number two; (3) from the third congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number three; (4) from the fourth congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number four; (5) from the fifth congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number five; (6) from the sixth congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number six; (7) from the first congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number seven; (8) from the second congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number eight; (9) from the third congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number nine; (10) from the fourth congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number ten; (11) from the fifth congressional district, the chairman of the largest minority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number eleven; (12) from the sixth congressional district, the chairman of the majority political party represented in the General Assembly shall nominate three individuals from whom the Governor shall appoint one individual for seat number twelve.
(D) The terms of the members shall be are for four seven years and until their successors are appointed and qualify except of those first appointed, those members appointed from the first, third and sixth districts for seat numbers one, three, six, seven, nine, and twelve shall be appointed for terms of two four years only. No member of the commission, including those first appointed, shall serve more than two consecutive four-year terms on the commission. Members who have completed a full seven-year term are not eligible for reappointment. Vacancies shall must be filled in the manner of the original appointment for the unexpired portion of the term only.
(E) The commission shall elect a chairman, a vice-chairman, and such other officers as it deems it considers necessary. The chairmanship of the commission must be rotated biennially between the two political parties with whom commission members must be identified.
(F) For purposes of hearing ethics matters, the commission is divided into two six-member panels. Four members of the commission panel shall constitute a quorum for the panel.
(G) Members of the Commission commission shall, while serving on business of the commission, shall receive such the per diem, mileage, and subsistence as is provided by law for members of boards, committees, and commissions.
Section 8-13-120. It shall be is the duty of the State Ethics Commission to:
(a) (1) To prescribe forms for statements required to be filed by this chapter, and to furnish such forms to persons required to file such statements;
(b) (2) To prepare and publish a manual setting forth recommended uniform methods of reporting for use by persons required to file statements required by this chapter;
(c) (3) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
(d) (4) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(e) (5) To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official, public member, or public employee except members of the General Assembly.
(a) A public official, public member, or public employee under the jurisdiction of the commission may request the commission to make an investigation of that public official's, public member's, or public employee's own conduct or of allegations made by another individual as to that public official's, public member's, or public employee's conduct. This request must be in writing and must set forth in detail the reasons for requesting an investigation.
(b) Any individual who believes a public official, public member, or public employee under the jurisdiction of the commission has violated the provisions of this chapter may request the commission to make an investigation of that public official's, public member's, or public employee's conduct. This request must be in writing and must set forth in detail the reasons for requesting an investigation.
(i) All such complaints by any individual with respect to alleged violations shall be investigated by the State Ethics Commission commission and a determination made thereon. Provided, however, that no complaint shall be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any election in which he is a candidate and any complaint filed against such candidate which was received more than fifty days prior to such election shall be disposed of by the commission or by dismissal of such complaint not less than forty days prior to the election. The provisions of the above proviso this subsection shall not apply to complaints received concerning candidates who qualify within fifty days of an election.
(ii) If an alleged violation is found to be groundless by the commission or its executive director, the complainant and the respondent shall be notified and the entire matter shall 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. Any dismissal of a complaint by the executive director may be appealed to the commission within thirty days of notification of the dismissal.
(iii) If, in the opinion of the commission or its executive director, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the complaint shall be dismissed, the complainant and respondent shall be notified, and the finding shall be reported to appropriate law enforcement authorities. Any dismissal of a complaint by the executive director may be appealed to the commission within thirty days of notification of the dismissal. The wilful filing of a complaint without just cause or with malice shall be punishable as a misdemeanor. Any person filing a complaint under such these circumstances shall be deemed is guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or be imprisoned for not more than two years, or both.
(iv) No complaint shall be accepted which is filed later than three years after the alleged violation occurred. Action may not be taken on a complaint filed more than three years after the violation of this chapter is alleged to have occurred.
(c) Nothing herein shall bar proceedings against a person who by fraud or other device prevents discovery of a violation of this chapter.
(f) The commission shall (6) conduct its investigations in the following manner:
(1) (a) When a complaint is filed with the commission, a copy shall promptly be sent to the person alleged to have committed the violation.
(b) If the commission or its executive director determines the complaint does not allege facts sufficient to constitute a violation, the complaint shall be dismissed and the complainant and respondent notified. Any dismissal of a complaint by the executive director may be appealed to the commission within thirty days of notification of the dismissal.
(c) If the commission determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation utilizing the resources of such other state agencies as may be requested.
(d) If after such preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) (i) render an advisory opinion to the respondent and require the respondent's compliance therewith within a reasonable time, or
(b) (ii) convene a formal hearing on the matter after a notice of not less than thirty days after making such determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory, whichever comes later.
(e) Confidentiality of the existence of a complaint may be waived upon written authorization of the respondent.
(f) All commission investigations and records relating to the preliminary investigation shall be confidential. The wilful release of confidential information shall be punishable as a misdemeanor. Any person releasing such confidential information is guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or be imprisoned for not more than two years, or both.
(2) (g) If a hearing is to be held,:
(i) the The respondent shall be allowed to examine and make copies of all evidence in the commission's possession relating to the charges.
(ii) At the hearing the charged party shall be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.
(iii) All hearings shall be conducted in executive session.
(iv) Upon completion of its investigation and any hearing thereon, the commission shall, where appropriate, recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action as necessary. In the case of a public employee, the commission shall file a report to the administrative department executive responsible for the activities of such employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor.
(v) The investigation, deliberations, and hearings of the State Ethics Commission are confidential. If an alleged violation is found to be groundless, the complainant and the respondent shall be notified and the entire matter shall be stricken from the public record unless the respondent, by written authorization, waives the confidentiality of the existence of the groundless complaint and authorizes the release of information about the disposition of the groundless complaint. The disposition of all other complaints is a matter of public record. All actions taken by the commission on any complaints complaint, except on an alleged violations violation which are is found to be groundless by the commission and in which confidentiality is not waived by the respondent's written authorization, are a matter of public record.;
(g) To (7) issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; provided, that any opinion rendered by the commission, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the person who requested the opinion or any other person who relied on such public opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion;
(h) To (8) promulgate and publish rules and regulations establishing procedures for the enforcement of this chapter as it relates to state government conflicts of interest and economic disclosure to carry out the provisions of this chapter. Provided, that with respect to complaints and investigations the rights of due process as expressed in the Rule on Disciplinary Procedure for Attorneys of the Rules of the South Carolina Supreme Court Rules Governing the Practice of Law shall be followed;.
(9) conduct seminars to educate those persons over whom the commission has jurisdiction about the requirements of this chapter prior to January 1, 1992, and make a report to the General Assembly about the results of these seminars by February 1, 1992.
Section 8-13-130. (A) The commission is authorized to employ an executive director and such secretarial staff as it deems necessary to perform its functions as prescribed in this chapter within the limitation of funds provided to the commission.
(B) The office of the commission shall be in or near the State Capitol, but the commission may conduct its business anywhere in the State.
(C) A member of the staff of the commission shall not be a public official, public member, or a candidate while serving as a member of the staff of the commission.
(D) A member of the staff of the commission shall file a statement of economic disclosure with the commission which shall be a public record.
Section 8-13-135. (A) A member of the State Ethics Commission and a member of the commission's staff shall not participate in political management or in a political campaign during the member's or staff member's term of office or employment.
(B) A member of the State Ethics Commission and a member of the commission's staff shall not:
(1) make a financial contribution to a candidate, as defined in Section 7-27-20;
(2) make a financial contribution to a committee, as defined in Section 7-27-20; or
(3) knowingly attend a fundraiser held for the benefit of a candidate or committee, as defined in Section 7-27-20.
(C) A member of the State Ethics Commission and a member of the commission's staff may not be a registered lobbyist or a lobbyist's principal or participate in lobbying that would require the individual to register as a lobbyist or a lobbyist's principal unless the lobbying is:
(1) authorized by the State Ethics Commission;
(2) conducted on behalf of the State Ethics Commission; and
(3) permitted under state law.
Section 8-13-140. The State Ethics Commission shall at the close of each fiscal year report to the General Assembly and the Governor concerning the action it has taken, the names, salaries, and duties of all persons in its employ and the money it has disbursed, and shall make such further reports on matters within its jurisdiction and such recommendations for further legislation as may appear desirable.
Section 8-13-150. When hired, elected, or appointed and upon assuming the duties of employment, office, or position in state government, each public official, public member, and public employee shall receive a brochure prepared by the State Ethics Commission describing the general application of this chapter.
Section 8-13-210. (A) There is hereby created a House of Representatives Legislative Ethics Committee and a Senate Legislative Ethics Committee. Each such committee shall be composed of six members. Terms shall be coterminous with the term for which members are elected to the House or Senate. Vacancies shall be filled for the unexpired term in the manner of the original selection.
(B) The members of each committee shall be elected by the House or the Senate, as appropriate. One member of each committee shall be elected as chairman by a majority of the members of the committee.
Section 8-13-220. Each committee shall meet and recommend any changes in the law or rules relating to ethics deemed proper to their respective houses. Any changes so recommended shall be consistent with the Constitution of the this State of South Carolina, the provisions of this chapter and any other applicable law.
Section 8-13-230. In addition to the responsibility to recommend changes in the law and rules, each legislative ethics committee shall:
(1) receive and hear any complaint which alleges a breach of any privilege of the appropriate house, misconduct of any member or any violation of the provisions of this chapter. Provided, that the committee shall not receive any complaint concerning members of the General Assembly or any nonincumbent candidate for the General Assembly filed within fifty days of a primary, special, or general election in which such member or nonincumbent candidate is a candidate; provided, further, that any such complaint received prior to the fifty-day period shall be disposed of not less than thirty days prior to such election;
(2) obtain information with respect to any complaint filed pursuant to this chapter and to that end may compel the attendance and testimony of witnesses and the production of pertinent books and papers;
(3) recommend whatever sanction is appropriate with respect to a particular member;
(4) act as an advisory body to the General Assembly and to individual members of the appropriate house on questions relating to possible conflicts of interest;
(5) conduct seminars to educate those persons over whom each legislative ethics committee has jurisdiction about the requirements of this chapter prior to January 1, 1992, and make a report to the General Assembly about the results of these seminars by February 1, 1992.
Section 8-13-240. Each committee shall conduct its investigations in the following manner:
(a) (1) When a complaint is filed with the committee, a copy shall promptly be sent to the person alleged to have committed the violation. If the committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint shall be dismissed and the complainant and respondent notified. If, in the opinion of the committee, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be punishable as a misdemeanor. Any person filing a complaint under such circumstances shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. If the committee determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation. If after such preliminary investigation, the committee finds that probable cause exists to support an alleged violation, it shall, as appropriate (a) render an advisory opinion to the respondent and require the respondent's compliance therewith within a reasonable time, or (b) convene a formal hearing on the matter within thirty days after making such determination of probable cause or within thirty days of the respondent's failure to comply with the advisory, whichever comes later. All committee investigations and records relating to the preliminary investigation shall be confidential. No complaint shall be accepted which is filed later than three years after the alleged violation occurred.
(b) (2) If a hearing is to be held, the respondent shall be allowed to examine and make copies of all evidence in the committee's possession relating to the charges. At the hearing the charged party shall be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings shall be conducted in executive session.
(c) (3) After the hearing, the committee shall determine its findings of fact. If the committee, based on competent and substantial evidence, finds the respondent has violated the provisions of this chapter, it shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. Such report shall be supported and signed by a majority of the committee members. If the committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.
(d) (4) No committee member shall participate in any matter in which he is involved.
Section 8-13-250. (A) The presiding officer of the House or Senate shall call the House or Senate into open session as a committee of the whole, without compensation, to consider the report of the appropriate Ethics Committee or any appeal from the action or report of the committee at such time as the presiding officer deems necessary. Upon receiving a report of the committee which alleges a violation, the Speaker or the President Pro Tempore shall present such report to the legislative body concerned, which body shall thereupon:
(a) (1) recommend a public or private reprimand; or
(b) (2) expel the member charged in accordance with Section 12 of Article III of the Constitution of this State; or
(c) (3) in the case of an alleged criminal violation, refer the matter to the Attorney General for appropriate action; or
(d) (4) dismiss the charges.
(B) Consideration of an ethics committee report by the House or the Senate may or may not be done in executive session, as each body shall decide, but the results of such consideration shall be a matter of public record.
Section 8-13-260. Notwithstanding any other provision of this article, in the event a member of the Senate is indicted, informed against, pleads guilty or nolo contendere to, or is convicted of, a felony or offense against the election laws the Senate may take disciplinary action as provided by Senate rule.
Section 8-13-410. (1) No public official or public employee shall use his official position or office to obtain financial gain for himself.
(2) No public official or public employee shall participate directly or indirectly in a procurement when he has knowledge or notice that:
(a) he or any business with which he is associated has a financial interest pertaining to the procurement;
(b) any other person, business, or organization with whom he or a member of his household is negotiating or has an arrangement concerning prospective employment is involved in the procurement. (A) A public official, public member, or public employee shall not knowingly accept anything of value for the private benefit of the public official, public member, or public employee or any member of the public official's, public member's, or public employee's immediate family, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated if:
(1) the thing of value was conveyed for a reason related to and arising from the recipient's holding public office, public membership, or public employment; and
(2) the conveyance of the thing of value was related to actions or matters before or affecting the government body with which the public official, public member, or public employee has official responsibility.
(3) (B) Where a public official, public member, or public employee or any member of his household the public official's, public member's, or public employee's immediate family holds a financial economic interest interests in a blind trust, he shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial those economic interest interests, provided that disclosure of the existence of the blind trust has been made to the appropriate supervisory office.
(C) Unless the use is required by law, a public official, public member, or public employee shall not knowingly use public funds, time, personnel, facilities, or equipment for:
(1) the public official's, public member's, or public employee's personal remuneration;
(2) the personal remuneration of an individual with whom the public official, public member, or public employee is associated; or
(3) the personal remuneration of a business with which the public official, public member, or public employee is associated.
Section 8-13-420. Whoever gives or offers to any public official or public employee any compensation including a promise of future employment to influence his action, vote, opinion or judgment as a public official or public employee or such public official solicits or accepts such compensation to influence his action, vote, opinion or judgment shall be subject to the punishment as provided by Sections 16-9-210 and 16-9-220. The provisions of this section shall not apply to political contributions unless such contributions are conditioned upon the performance of specific actions of the person accepting such contributions nor shall they prohibit a parent, grandparent or relative from making a gift to a child, grandchild, or other close relative for love and affection except as hereinafter provided. (A) A person shall not give, offer, or promise anything of value to a public official, public member, or public employee, or a person who has been elected or appointed to be a public official, public member, or public employee with the intent to:
(1) influence an act within the public official's, public member's, or public employee's official responsibility;
(2) influence a public official, public member, or public employee, or an individual who has been elected or appointed to be a public official, public member, or public employee to commit, aid in committing, collude in, or allow fraud on a governmental entity; or
(3) induce a public official, public member, or public employee, or an individual who has been elected or appointed to be a public official, public member, or public employee to perform or fail to perform an act in violation of the public official's, public member's, or public employee's official responsibility.
(B) Any person violating the provisions of subsection (A) shall be subject to the punishment as provided by Section 16-9-210.
Section 8-13-425. It is unlawful for any person or committee, as defined by Section 7-27-20(6), to offer or give money or anything of value to a candidate for public official to a public official for the purpose of encouraging or causing the candidate or official to switch to a political party other than the political party in which the candidate or official is a member.
If any such offer or gift is made, the candidate or official must report the offer or gift and the person or committee who made the offer or gift to the State Ethics Commission within ten days of the offer or gift.
Section 8-13-430. (A) No person shall offer or pay to a public official, public member, or public employee and no public official, public member, or employee shall solicit or knowingly receive any money anything of value in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee.
(B) No public official, public member, or public employee may knowingly receive, accept, take, seek, or solicit anything of value as a gift from:
(1) a person, if there is reason to believe the donor would not give the gift but for the public official's, public member's, or public employee's office or position;
(2) a person, or from an officer or director of the person, if the public official, public member, or public employee has reason to believe the person:
(a) has or is seeking to obtain contractual or other business or economic relationships within the public official's, public member's, or public employee's official responsibility; or
(b) conducts operations or activities which are within the public official's, public member's, or public employee's area of official responsibility.
(C) The provisions of subsection (B) prohibiting a public official, public member, or public employee from knowingly receiving, accepting, taking, seeking, or soliciting anything of value shall not apply to a public official, public member, or public employee receiving, accepting, or taking anything of value if the value of the thing of value does not exceed twenty-five dollars and the person giving the thing of value does not give things of value to the public official, public member, or public employee exceeding two hundred dollars in value in a calendar year. Provided however, this exception to items (B)(1) and (B)(2) shall not supersede any of the provisions of Chapter 17 of Title 2.
Section 8-13-435. Nothing in this act prevents a public official or his immediate family from being awarded an award, grant, or scholarship, or negatively reflects on a public official because of any award, grant, or scholarship awarded to the public official or to one of his immediate family members on a competitive, objective basis, if the public official has not wilfully contacted any person involved in the selection of the recipient, on behalf of the recipient, prior to the award.
Section 8-13-440. No public official, public member, or public employee shall use or disclose confidential information gained in the course of or by reason of his official position or activities in any way that would result in financial gain for himself or for any other person.
Section 8-13-450. Unless otherwise provided by law, no person shall serve as a member of a governmental regulatory agency that regulates any business with which that person is associated. Any employee of such regulatory agency which regulates a business with which he is associated or an individual with whom he is associated shall annually file a statement of economic interest interests notwithstanding the provisions of Section 8-13-810. No person shall be an employee of such regulatory agency which regulates a business with which he is associated if this relationship creates a continuing or frequent conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties.
Section 8-13-455. A member of the General Assembly may not serve in any capacity as a member of a state board or commission, except for the Budget and Control Board, the Legislative Audit Council, the Advisory Commission on Intergovernmental Relations, the Legislative Council, the Reorganization Commission, and the Joint Legislative Committees.
Section 8-13-456. No person may serve, at the same time, on the governing body of a state or county board or commission and be an employee of the same board or commission or serve in a position which is subject to the control of that board or commission.
Section 8-13-460. (A) No public official, public member, or public employee shall knowingly perform a function within the public official's, public member's, or public employee's official responsibility which requires the exercise of discretion if the public official, public member, public employee, his immediate family member, an individual with whom he is associated, or a business with which he is associated has economic interests in such function.
(B) Any public official, public member, or public employee who, in the discharge of his official duties responsibilities, would be required to take action or make a decision which would substantially affect directly his personal financial interest or those of a member of his household, or a business with which he is associated, in which he, an immediate family member, an individual with whom he is associated, or a business with which he is associated, has an economic interest relating to the action or decision shall instead take the following actions:
(a)(1)Prepare a written statement describing the matter requiring action or decisions, and the nature of his potential conflict of interest with respect to such action or decision.
(b)(2)If he the public official is a legislator member of the General Assembly, he shall deliver a copy of such statement to the presiding officer of his legislative branch. The presiding officer if requested by the legislator member of the General Assembly shall cause such statement to be printed in the journal and, upon the member's request, shall excuse a legislator member of the General Assembly from votes, deliberations, and other action on the matter on which a potential conflict exists; provided, however, any statement delivered within twenty-four hours after the action or decisions shall be deemed to be in compliance with this section.
(c) If he is a public employee, he shall furnish a copy to his superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by as the State Ethics Commission. If the public official is a member of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision, he shall furnish a copy to the presiding officer and to the members of that governing body, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.(3) If he is a public official, other than a member of the General Assembly, he shall furnish a copy to the presiding officer and to the members of the governing body of the agency, commission, board, or of any county, municipality, or other political subdivision thereof on which he serves, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.
(4) If he is a public member, he shall furnish a copy to the presiding officer and to the members of the governing body of any agency, commission, board, or of any county, municipality, or other political subdivision thereof, on which he serves, who shall cause such statement to be printed in the minutes and shall require that the member be excused from any votes, deliberations, and other actions on the matter on which the potential conflict of interest exists, and shall cause such disqualification and the reasons therefor to be noted in the minutes.
(5) If he is a public employee, he shall furnish a copy to his immediate superior, if any, who shall assign the matter to another employee who does not have a potential conflict of interest. If he has no immediate superior, he shall take such action as prescribed by the State Ethics Commission.
(C) No public official, public member, or public employee shall have economic interests which create a continuing or frequent conflict between the public official's, public member's, or public employee's public duties and private economic interests so as to impede the full and faithful discharge of the public official's, public member's, or public employee's public duties.
Section 8-13-470. No public official or public employee shall appear before the South Carolina Public Service Commission, the South Carolina Dairy Commission or the South Carolina Insurance Commission in rate or price fixing matters. This prohibition shall also apply to partners or associates in the law firm of a member of the General Assembly. Whenever it is required by law for a member of the General Assembly to appear because of his business interest as an owner or officer of such business or in his official capacity as a member of the General Assembly, the provisions of this section shall not apply. (A)(1) A public official occupying state office, a member of such public official's immediate family, any individual with whom such public official is associated, or any business with which such public official is associated shall not knowingly represent another person before a governmental entity, except as otherwise required by law.
(2) A member of the General Assembly, any individual with whom the member is associated, or any business with which the member is associated shall not knowingly represent another person in any proceeding before a governmental entity, except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in any contested case, as defined in Section 1-23-310, excluding a contested case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; any agency's quasi-judicial consideration of a matter, excluding a case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; or in any agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(3) A public member occupying state office, an individual with whom such public member is associated, or any business with which such public member is associated shall not knowingly represent another person before the same unit or division of the governmental entity for which the public member has official responsibility, except as otherwise required by law.
(4) A public official, public member, or public employee of a county, any individual with whom such public official, public member, or public employee is associated, or any business with which such public official, public member, or public employee is associated shall not knowingly represent a person before any agency, unit, or subunit of that county except:
(a) as required by law; or
(b) before a court under the unified judicial system.
(5) A public official, public member, or public employee of a municipality, any individual with whom such public official, public member, or public employee is associated, or any business with which such public official, public member, or public employee is associated, shall not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law.
(6) A public employee, other than those specified in items (4) and (5) of this subsection, receiving compensation other than reimbursement or per diem payments for such public employee's official duties, any individual with whom such public employee is associated, or any business with which such public employee is associated shall not knowingly represent any person before an entity on the same level of government except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in any contested case, as defined in Section 1-23-310, excluding a contested case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; any agency's quasi-judicial consideration of a matter, excluding a case for any rate or price fixing matter before the South Carolina Public Service Commission or South Carolina Insurance Commission; or in any agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing.
(7) These restrictions as set forth in items 1 through 6 of this subsection do not apply to the following:
(a) purely ministerial matters which do not require discretion on the part of the governmental entity before which the public official, public member, or public employee is appearing;
(b) representation by a public official, public member, or public employee in the course of the public official's, public member's, or public employee's official duties;
(c) representation by the public official, public member, or public employee in matters relating to the public official's, public member's, or public employee's personal affairs or the personal affairs of the public official's, public member's, or public employee's immediate family.
(B) A member of the General Assembly, when representing a client for compensation as permitted by subitem (A)(2)(c), must file within his annual statement of economic interests a listing of fees earned, services rendered, names of persons represented, and the nature of contacts made with the governmental entities.
(C) A member of the General Assembly may not vote on the section of that year's general appropriations bill relating to a particular agency or commission if the member, an individual with whom he is associated, or a business with which he is associated has represented any client before that agency or commission as permitted by subitem (A)(2)(c) within one year prior to such vote. This subsection does not prohibit a member from voting on other sections of the general appropriations bill or from voting on the entire general appropriations bill as a whole.
Section 8-13-490. No person shall offer or give to a member or employee of a governmental regulatory agency or department that regulates a business with which such person is associated, and no member or employee of such agency or department shall solicit or accept from any such person, anything of value, or a favor or service, while the member or employee is associated with the regulatory agency or department. No former member or employee of such agency shall serve as a lobbyist or represent clients before such agency or department in matters in which he was directly or substantially involved while employed with such agency or department. (A) No former public official, former public member, or former public employee shall represent any person in any matter before the board, commission, or agency by which the former public official, former public member, or former public employee was previously employed or on which the former public official, former public member, or former public employee served within one year of that former public official's, former public member's, or former public employee's leaving such employment or service.
(B) No former public official, former public member, or former public employee may, within one year of leaving public service or public employment, accept employment (1) from any person who is regulated by the state agency, board, or commission on which the former public official, former public member, or former public employee served or was employed and (2) in a matter which was actually pending under the former public official's, former public member's, or former public employee's official responsibility or in which the former public official, former public member, or former public employee personally and substantially participated during his public service or public employment.
Section 8-13-500. (1) Except as may be permitted by regulations of the State Ethics Commission, it shall be a breach of ethical standards for any public employee or public official, public member, or public employee who is participating directly in the procurement process to resign and accept employment with any person contracting with the governmental body with whom the public employee or public official, public member, or public employee is associated has official responsibilities.
(2) No person shall use a former public employee or public official knowingly to act as a principal or as an agent for anyone other than the State or other governmental entity with whom he was associated in connection with any judicial or other proceeding, application, request for a ruling, or other determination, contract, claim or charge or controversy in which the public employee or public official participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation, or otherwise while such a public employee or public official where the State or governmental entity is a party or has a direct and substantial interest.
(3) It shall be a breach of ethical standards for a business, in which a public employee or public official has a financial interest, knowingly to act as a principal or as an agent for anyone other than the State or other governmental entity with which he is associated in connection with any contract, claim or controversy, or any judicial proceeding in which the public employee or public official either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of the official's or employee's official responsibility, where the State or governmental entity is a party or has a direct and substantial interest.
Section 8-13-510. (1) (A) The provisions of this section and Sections 8-13-520 and 8-13-530 shall be in addition to all other civil and administrative remedies against public employees or public officials, public members, or public employees which are provided by law.
(2) (B) In addition to existing remedies for breach of the ethical standards of this chapter or regulations promulgated hereunder, the State Ethics Commission may impose an oral or written warning or reprimand.
(3) (C) The value of anything received by a public employee or public official, public member, or public employee in breach of the ethical standards of this chapter or regulations promulgated hereunder shall be recoverable by the State or other governmental entity in an action by the Attorney General against anyone benefitting from such violations.
(4) (D) Before a public employee's employment or a public official's or public member's association with the State or governmental entity is terminated for a violation of the provisions of this chapter, notice and an opportunity for a hearing shall be provided to the public official, public member, or public employee.
Section 8-13-520. (1) (A) The provisions of this section and Sections 8-13-510 and 8-13-530 shall be in addition to all other civil and administrative remedies against nonpublic officials, members, or employees or officials which are provided by law.
(2) (B) In addition to existing remedies for breach of the ethical standards of this chapter or regulations promulgated hereunder, the State Ethics Commission may impose against a nonpublic official, member, or employee or official any one or more of the following:
(a) (1) written warnings or reprimands;
(b) (2) debarment or suspension from being a contractor or subcontractor under public contracts.
(C) Actions under this section may be appealed to the appropriate administrative review panel, as authorized under Section 11-35-4410, within ten days of the actual notice of debarment or suspension to the affected party.
(3) (D) The value of anything transferred in breach of the ethical standards of this chapter or regulations promulgated hereunder by a nonpublic official, member, or employee or official shall be recoverable by the State or other governmental entity involved in any action by the Attorney General against anyone benefitting from such violations.
Section 8-13-530. (1) (A) The value of anything transferred or received in breach of the ethical standards of this chapter or regulations promulgated hereunder by a public official, public member, or public employee, public official, or a nonpublic official, member, or employee or official may be recovered from the public official, public member, or public employee, public official, or nonpublic official, member, or employee or official.
(2) (B) Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award of a subcontract or order thereunder, it shall be conclusively presumed that the amount thereof was included in the price of the subcontract or order and ultimately borne by the State or governmental entity and shall be recoverable hereunder from the subcontractor making such kickbacks. Recovery from one offending party shall not preclude recovery from other offending parties.
Section 8-13-545. Nothing in this act prevents an elected official from communicating, in writing, with a board or commission member or employee, on behalf of a constituent relating to delays in obtaining a hearing, discourteous treatment, scheduling, or other matters not affecting the outcome of pending matters, provided that the elected official, an individual with whom such elected official is associated, or a business with which such elected official is associated is not representing the constituent for compensation.
Section 8-13-550. This chapter does not prohibit a public official who is not a member of the General Assembly from contracting with the State or a governmental entity when the contract is awarded in accordance with the competitive sealed bid process and specification of services, works, or goods and when it does not chill the bidding.
Section 8-13-610. (a) At the time a declaration of candidacy or a petition to appear on the election ballot is filed, each candidate shall file a statement of economic interests as defined in Section 8-13-20 with the party official, election official, or other designated official authorized to receive a declaration of candidacy or petition. The party official, election official, or other designated official authorized to receive such declaration of candidacy or petition shall forward the completed statement of economic interests for each candidate to the appropriate supervisory office within five days after the close of the filing period for such office. The party official, election official, or other designated official charged by law for the election shall not permit the candidate's name to appear on the election ballot if the candidate has not filed the statement of economic interests in accordance with the provisions of this section. The party official, election official, or other designated official shall be responsible for insuring that the candidate's name does not appear on the ballot, or if done inadvertently, such designated official shall not certify the candidate subsequent to the election. (A) The State Ethics Commission shall furnish to each clerk of court in the State forms on which the statement of economic interests shall be filed.
(b) (B) No person who is a candidate for public office which is filled by election by the General Assembly or with the advice and consent of the Senate or the General Assembly shall be voted upon by the General Assembly or either house thereof until at least ten days following the date on which such candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and Chairman of the House of Representatives Ethics Committee, as appropriate.
Section 8-13-620. Any candidate for office or any committee working on behalf of a candidate for office, or any duly organized group or political party receiving or soliciting funds for the support of a political candidate or candidates shall maintain a record of all funds and contributions received, with the name and amount of each individual or group contributing more than one hundred dollars and to what candidate such contribution was made. Duplicate, certified originals of such list showing the names of all contributors of more than one hundred dollars shall be filed with the appropriate supervisory office within thirty days after each election in which such contributions are sought or received. Any such candidate, or committee, or group or party shall maintain a current list of all contributors in the amount of more than one hundred dollars during the two-week period prior to the election, which shall be open to public inspection upon request. When a final list is filed with the supervisory office such candidate or group receiving such funds shall file a certified report stating the amounts expended and for what purposes, how much is retained and what its ultimate distribution shall be.
Section 8-13-630. The filing requirements specified in Section 8-13-620 shall be deemed to be continuing after an election so long as the candidate, whether he was successful or not in the election, continues to collect funds for the purpose of paying expenses for such election; and such candidate shall be required to file an amendment to such final list filed with the supervisory office within ten days after the end of each calendar quarter in which funds were received or expended. The supervisory office shall forward a copy of each statement or report filed with it to the clerk of court in the county of residence of the candidate.
Section 8-13-810. (A) No member of the General Assembly, or elected public official, regardless of compensation, and no public member or public employee or appointed official as designated below in subsection (B), regardless of compensation, shall be allowed to take the oath of office or enter upon his duties of employment official responsibilities unless he has filed a statement of economic interests in accordance with the provisions of this chapter at the appropriate supervisory office of the State Ethics Commission, the Chairman of the Senate Ethics Committee or the Chairman of the House of Representatives Ethics Committee as may be appropriate. The appropriate supervisory office State Ethics Commission and the Senate Ethics Committee and House of Representatives Ethics Committee shall forward a copy of each statement filed with it to the clerk of court in the county of residence of the member, public official, public member, or public employee. If members of the General Assembly or a public officials official, public member, and or public employees employee referred to in this section have has no economic interests as defined in item (g) (6) of Section 8-13-20 they he shall nevertheless file a negative report to that effect with the entity with which reports are to be filed appropriate supervisory office. All disclosure statements shall be matters of public record open to inspection upon request.
The following public employees or appointed officials shall file statements of economic interest regardless of compensation: (B) The following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:
(a) (1) any person appointed to fill the unexpired term of any elective office;
(b) (2) salaried members of State state boards, commissions or agencies;
(c) (3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution or facility of any agency or department of state government;
(d) (4) the city administrator, city manager or chief municipal administrative official or employee, by whatever title;
(e) (5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(f) (6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;
(g) (7) all school district and county superintendents of education;
(h) (8) all school district board members and county board of education members;
(i) (9) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision, including but not limited to those named in item (f) (6);
(10) all public officials;
(11) all members of the General Assembly;
(12) all public members who serve on a state board, state commission, or state council;
(13) all consultants.
Section 8-13-813. The Secretary of State and each appropriate member of his staff, if any, who may be covered under the provisions of this chapter must file a copy of his statement of economic interests required to be supplied under Sections 8-13-810 and 8-13-820 with the Senate Ethics Committee and with the House Ethics Committee.
Section 8-13-815. (A) The appropriate supervisory office may grant a reasonable extension of time for filing a statement of economic interests. The extension may not exceed thirty days except in cases of illness or incapacitation.
(B) A statement of economic interests becomes a public record subject to disclosure under the provisions of Chapter 4 of Title 30 when received by the appropriate supervisory office.
(C) Statements of economic interests must be retained by the appropriate supervisory office for a period of five years.
Section 8-13-820. Any statement of economic interests or negative report thereon filed under chapter act Section 8-13-810 shall be on forms prescribed by the State Ethics Commission, and the person filing the statement shall report must contain full and complete information concerning the following:
(1) By name, of all offices, directorships and fiduciary relationships held by such person, where an economic interest exists.
(2) A brief description of all real estate in which he or a member of his household has any interest, direct or indirect, including options to buy, if such interest can reasonably be expected to be a conflict of interest with his public position.
(3) The nature, source and amount of all fees, compensation and benefits of any nature received directly from the State or any administrative agency or department thereof; or directly from the county, district, or political subdivision he represents or any subdivision thereof.
(1) the source, type, and amount or value of income, not to include tax refunds, of substantial monetary value received from a governmental entity by the filer or a member of the filer's immediate family during the reporting period;
(2) (a) the description, value, and location of all real property owned and options to purchase real property during the reporting period by a filer or a member of the filer's immediate family if:
(i) there have been any public improvements of more than two hundred dollars on or adjacent to the real property within the reporting period and such public improvements are known to the filer; or
(ii) such interest can reasonably be expected to be the subject of a conflict of interest; or
(b) if the sale, lease, or rental of real property involves a state, county, or municipal instrumentality of government, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;
(3) the sale, lease, or rental of personal property by the filer or a member of the filer's immediate family if the sale, lease, or rental of personal property is to a state, county, or municipal instrumentality of government. In such sales, leases, or rentals, a copy of the contract, lease, or rental agreement must be attached to the statement of economic interests;
(4) the identity of every business or entity in which the filer or a member of the filer's immediate family held or controlled, in the aggregate, securities or interests constituting five percent or more of the total issued and outstanding securities or interests which constitute a value of one hundred thousand dollars or more;
(5) a listing by name and address of:
(a) each creditor to whom the filer or member of the filer's immediate family owed a debt in excess of five hundred dollars at any time during the reporting period, other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding, unless:
(i) the debt is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official, public member, or public employee; or
(ii) the debt is promised or loaned by an individual's spouse, child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or the spouse of a child, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin if the person who promises or makes the loan is not acting as the agent or intermediary for someone other than a person named in this subitem; and
(b) the rate of interest charged the filer or a member of the filer's immediate family for a debt required to be reported in (a);
If a discharge of a debt required to be reported in (a) has been made, the date of the transaction must be shown.
(6) the name of any lobbyist, as defined in Section 2-17-10(8) who is:
(a) an immediate family member of the filer;
(b) an individual with whom or business with which the filer or a member of the filer's immediate family is associated.
(7) If a public official, public member, or public employee receives compensation from an individual or business which contracts with the governmental entity with which the public official, public member, or public employee serves or is employed, the public official, public member, or public employee must report the name and address of that individual or business and the amount of compensation paid to the public official, public member, or public employee by that individual or business.
Section 8-13-825. This article does not require the disclosure of economic interests information concerning the following:
(1) a spouse legally separated from the public official, public member, or public employee;
(2) a former spouse;
(3) a campaign contribution that is permitted and reported under Chapter 27 of Title 7.
Section 8-13-830. In addition to the statement of economic interests required pursuant to Section 8-13-810, all persons required to file such statements shall further report to the State Ethics Commission or appropriate legislative committee supervisory office the name of any person he knows to be a lobbyist or a lobbyist's principal as defined in Section 2-17-20 2-17-10 of the 1976 Code and knows that such lobbyist or the entity he represents lobbyist's principal has in the previous calendar year purchased from him the filer, any member of his household a member of the filer's immediate family, an individual with whom the filer is associated, or from his a business with which the filer is associated, goods or services in an amount in excess of two hundred dollars. Gifts from a lobbyist or the entity he represents in a value of more than one hundred dollars shall also be reported at the same time.
Section 8-13-840. Each person who is required to file a statement of economic interests under this chapter shall file an annual updating statement at with the appropriate supervisory office where such statements are required to be filed annually, no later than April fifteenth of each calendar year, listing any addition, deletion or change in his financial economic status with respect to which information is required to be supplied under Section 8-13-820, provided, that, if the person has filed the description by name, amount and schedule of payments of a continuing arrangement relating to an item required to be reported under Section 8-13-820 an updating statement need not be filed for each payment under such continuing arrangement, but only if the arrangement is terminated or altered.
Section 8-13-843. A consultant must file a statement of economic interests no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision thereof, and must file an update within ten days from the date the consultant knows or should have known that new economic interests in an entity have arisen in which the consultant or a member of the consultant's immediate family has economic interests:
(1) where such entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision thereof that contracted with the consultant; or
(2) where such entity was awarded a contract by the consultant.
Section 8-13-845. Where an amount is reported, a filer must report information in the following category amounts unless otherwise indicated:
(1) zero dollars through nine hundred ninety-nine dollars;
(2) one thousand dollars through nine thousand nine hundred ninety-nine dollars;
(3) ten thousand dollars through twenty-four thousand nine hundred ninety-nine dollars;
(4) twenty-five thousand dollars through forty-nine thousand nine hundred ninety-nine dollars;
(5) fifty thousand dollars through ninety-nine thousand nine hundred ninety-nine dollars;
(6) one hundred thousand dollars through one hundred forty-nine thousand nine hundred ninety-nine dollars;
(7) one hundred fifty thousand dollars through two hundred forty-nine thousand nine hundred ninety-nine dollars;
(8) two hundred fifty thousand dollars through four hundred ninety-nine thousand nine hundred ninety-nine dollars;
(9) five hundred thousand dollars through nine hundred ninety-nine thousand nine hundred ninety-nine dollars;
(10) one million dollars and above.
Section 8-13-850. Notwithstanding the exclusion of members of the judiciary from the definition of public official contained in Section 8-13-20(e)(22), any such member shall annually file a statement of any economic interest interests he may have with the Chief Justice of the Supreme Court. A probate judge shall annually file a statement of any economic interests he may have with the State Ethics Commission.
Section 8-13-860. The Comptroller General must maintain a complete record, by name, available pursuant to the Freedom of Information Act, of all public money paid to, for the benefit of, or on the behalf of a member of the General Assembly or a constitutional officer. The records must delineate payments from each public entity making such payments and the purpose for which the payment was made.
Section 8-13-1010. Except as otherwise specifically provided for in this chapter and in Sections 16-9-210 and 16-9-220 of the 1976 Code, any person who wilfully violates any provision of the chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars or be imprisoned for not more than ninety days or both.
Section 8-13-1015. In addition to any other penalty provided in this chapter, a person who files a required statement late or fails to file a required statement may be assessed a civil penalty by the appropriate supervisory office as follows:
(1) a fine of fifty dollars if not filed within ten days after the established deadline provided in this chapter; and
(2) 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 two hundred fifty dollars.
The fine may not be enforced by the appropriate supervisory office if it is determined that the late filing was not wilful and that enforcement of the fine does not further the purposes of this chapter. No liability is waived if the required statement is not filed at the established deadline after receiving written notification of the filing requirement from the supervisory office. The proceeds of the penalty must be deposited in the General Fund of the State.
Section 8-13-1020. Notwithstanding any other provisions of this chapter, only transactions which take place after July 1, 1975, shall be deemed to constitute economic interests and no requirements of this chapter which require filings of statements with the State Ethics Commission shall be effective until sixty days following the appointment of the Commission.
Section 8-13-1210. (A) A public official, public member, or public employee shall not encourage or cause the:
(1) employment;
(2) appointment;
(3) promotion;
(4) transfer; or
(5) advancement;
of any person related or connected to the public official, public member, or public employee by consanguinity or affinity to the sixth degree to a position which is under the control or management of the public official, public member, or public employee and which is on the same level of government in which the public official, public member, or public employee serves. The provisions of this subsection shall not be construed to apply to such employment or appointive situations in effect as of the effective date of this section.
(B) A public official, public member, or public employee shall not supervise or manage the public official's, public member's, or public employee's family member. The provisions of this subsection shall not be construed to apply to such employment or appointive situations in effect as of the effective date of this section.
(C) A public official, public member, or public employee shall not participate in an action relating to the discipline of the public official's, public member's, or public employee's family member.
Section 8-13-1410. Except as otherwise specifically provided for in this chapter and in Sections 16-9-210 and 16-9-220 of the 1976 Code, any person who wilfully violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both.
Section 8-13-1420. In addition to any other penalty provided in this chapter, a person who files a required statement late or fails to file a required statement may be assessed a civil penalty by the appropriate supervisory office as follows:
(1) a fine of fifty dollars if the required statement is not filed within ten days after the established deadline provided in this chapter; and
(2) 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 two hundred fifty dollars.
The fine may not be enforced by the appropriate supervisory office if it is determined that the late filing was not wilful and that enforcement of the fine does not further the purposes of this chapter. No liability is waived if the required statement is not filed at the established deadline after receiving written notification of the filing requirement from the supervisory office. The proceeds of the penalty must be deposited in the General Fund of the State."
SECTION 5. Section 16-9-210 of the 1976 Code is amended to read:
"Section 16-9-210. Whoever A person who corruptly gives, offers, or promises to any executive, legislative, or judicial officer, after his election or appointment, either before or after he is qualified or has taken his seat, any gift or gratuity, including a sexual favor, whatever, with intent to influence his act, vote, opinion, decision, or judgment on any matter, question, cause, or proceeding which may be pending or may by law come or be brought before him in his official capacity, shall must be punished by imprisonment in the State Penitentiary at hard labor not exceeding five for not more than ten years or by a fine not exceeding three thousand dollars of not more than five thousand dollars and imprisonment in jail not exceeding one for not more than two year years."
SECTION 6. Section 16-9-220 of the 1976 Code is amended to read:
"Section 16-9-220. Every executive, legislative, or judicial officer who corruptly accepts a gift or gratuity, including a sexual favor, or a promise to make a gift or gratuity, including a sexual favor, or to do an act beneficial to such an officer under an agreement or with an understanding that his vote, opinion, or judgment shall be given in any particular manner or on any particular side of any question, cause or proceeding which is or may be by law brought before him in his official capacity or that, in such capacity, he shall make any particular nomination or appointment shall forfeit his office, be forever disqualified to hold any public office, trust or appointment under the laws of this State and must be punished by imprisonment in the State Penitentiary at hard labor not exceeding for not more than ten years or by a fine not exceeding of not more than five thousand dollars and imprisonment in jail not exceeding for not more than two years."
SECTION 7. Section 8-5-10 of the 1976 Code is repealed.
SECTION 8. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 9. Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-200. (A) It is unlawful to offer or accept, or attempt to offer or accept, either directly or indirectly, money, a loan of money, or any other thing of value which includes, but is not limited to, employment or the promise of employment to induce a person to file or withdraw as a candidate for any state or federal elected office.
Nothing in this section shall be construed to prohibit legitimate campaign contributions or the pledge to make a campaign contribution as otherwise allowed by law. Nor shall this section prevent a person from paying from his own funds, the filing fee of an immediate family member which means a spouse, child, grandchild, mother, father, sister, or brother.
Any person convicted of violating the provisions of this section shall be fined not more than ten thousand dollars or imprisoned for not more than one year.
(B) The Attorney General or the solicitor of the judicial circuit in which the violation occurred, shall prosecute immediately a person violating the provisions of this section.
(C) Nothing in this section shall preclude appropriate civil remedies by an aggrieved party. The court shall, upon a finding that a person violated the provisions of this section, award reasonable attorney's fees and the costs of bringing such action as determined by the court."
SECTION 10. Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-86. Following sine die adjournment of the General Assembly in any general election year and before the convening of the next regular annual legislative session, no member who, during that year, has failed to file for reelection to his legislative office or who has been defeated in his party's primary or runoff election may attend any conference for legislators at the expense of the State, either by direct payment of conference and related expenses on behalf of the member or by reimbursement of those expenses. However, nothing contained in this section may be construed to preclude the described member from attending these conferences entirely at his own expense."
SECTION 11. Notwithstanding any other provisions of this act, Section 8-13-490 takes effect upon approval by the Governor.
SECTION 12. Notwithstanding any other provisions of this act, Section 8-13-425 takes effect upon approval by the Governor.
SECTION 13. The Code Commissioner is directed to delete all references to legislative members serving in any capacity as a member of a state board or commission, except as allowed by Section 8-13-455 of the 1976 Code of Laws.
SECTION 14. The Secretary of State, the State Ethics Commission, or the State Election Commission, as appropriate, must adjust by regulation the amount of any dollar figure listed in this act on an annual basis by increasing the amount by five percent.
SECTION 15. Notwithstanding any other provisions of this act, Section 7-27-735 takes effect upon approval by the Governor.
SECTION 16. Except as otherwise provided by this section, this act shall take effect January 1, 1992. Sections 7-27-430, 7-27-480, 7-27-490, 7-27-500, 7-27-910(C),(E), and (F), 7-27-1310, 7-27-1710(A), (B), and (C), 7-27-1740, and 7-27-1950 of Section 3 shall take effect upon approval by the Governor. For the purposes of this section, any assets or funds which are the proceeds of any campaign contribution and which are held by or under the control of a public official or a candidate for public office on the date of approval of this act by the Governor shall be deemed to be held by a committee as defined by Section 7-27-20(6) of Section 3 of this act. Notwithstanding any other provisions of this act, Section 4 of this act governs only transactions which take place after January 1, 1992.