Current Status Introducing Body:House Bill Number:4070 Ratification Number:580 Act Number:6 of 1995 Primary Sponsor:Sheheen Type of Legislation:GB Subject:Candidate, write-in votes Date Bill Passed both Bodies:19940526 Computer Document Number:PT/22075DW.93 Introduced Date:19930414 Date of Last Amendment:19940526 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19950112 Scope of Legislation:Statewide All Sponsors:Sheheen Wilkins Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
4070 ------ 19950112 Act No. 6 of 1995
4070 ------ 19950112 Unsigned, became law without
signature of Governor
4070 ------ 19940602 Ratified R 580
4070 House 19940526 Ordered enrolled for
ratification
4070 Senate 19940526 Free Conference Committee 99
Report received, adopted
4070 House 19940526 Free Conference Committee 99
Report received, adopted
4070 Senate 19940526 Free Conference Powers 99 Moore
granted, appointed Senators Stilwell
to Committee of Free Washington
Conference
4070 House 19940526 Free Conference Powers 99 Wilkins
granted, appointed Reps. to Hodges
Committee of Free Conference Jennings
4070 House 19940512 Conference powers granted, 98 Wilkins
appointed Reps. to Committee Hodges
of Conference Jennings
4070 Senate 19940512 Conference powers granted, 98 Moore
appointed Senators to Stilwell
Committee of Conference Washington
4070 Senate 19940512 Insists upon amendment
4070 House 19940511 Non-concurrence in Senate
amendment
4070 House 19940511 Reconsidered vote whereby
debate was adjourned on the
Senate amendments until May
17, 1994
4070 House 19940510 Debate adjourned on Senate
amendments until Tuesday, May
17, 1994
4070 Senate 19940426 Amended, read third time,
returned to House with
amendments
4070 Senate 19940419 Amended, read second time,
ordered to third reading with
notice of general amendments
4070 Senate 19940413 Committee Report: Favorable 11
with amendment
4070 Senate 19940127 Introduced, read first time, 11
referred to Committee
4070 House 19940126 Amended, read third time,
sent to Senate
4070 House 19940126 Reconsidered vote whereby
read third time
4070 House 19940126 Read third time, sent to
Senate
4070 House 19940120 Amended, read second time
4070 House 19940118 Recalled from Committee 25
4070 House 19930414 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A6, R580, H4070)
AN ACT TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO DEFINE THE TERM "OFFICIAL CAPACITY" AND TO PROVIDE THAT A PERSON IS CONSIDERED A LOBBYIST PRINCIPAL ONLY AS TO THE PUBLIC OFFICE OR PUBLIC BODY TO WHICH HE HAS AUTHORIZED A LOBBYIST TO ENGAGE IN LOBBYING; TO AMEND SECTION 2-17-20, AS AMENDED, RELATING TO THE REGISTRATION OF LOBBYISTS, SO AS TO PROVIDE THAT THE REGISTRATION MUST CONTAIN AN IDENTIFICATION OF THE PUBLIC OFFICE OR PUBLIC BODY WHICH THE LOBBYIST WILL ENGAGE IN LOBBYING, AND ADD TO THE REQUIREMENTS OF THE REGISTRATION FORM THAT IF A LOBBYIST FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE IS AUTHORIZED TO ENGAGE IN LOBBYING THEN THE LOBBYIST'S PRINCIPAL FOR WHOM THE LOBBYIST IS AUTHORIZED TO ENGAGE IN LOBBYING IS DEEMED A LOBBYIST PRINCIPAL AS TO ALL OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-25, RELATING TO THE REGISTRATION OF LOBBYIST'S PRINCIPAL, SO AS TO PROVIDE THAT IF THE LOBBYIST PRINCIPAL FAILS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY FOR WHICH HE HAS AUTHORIZED LOBBYING, THEN THE LOBBYIST'S PRINCIPAL IS DEEMED A LOBBYIST'S PRINCIPAL AS TO ALL PUBLIC OFFICES OR PUBLIC BODIES OF THE STATE; TO AMEND SECTION 2-17-30, AS AMENDED, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-65, RELATING TO THE REVIEW OF REPORTS FOR COMPLIANCE BY THE STATE ETHICS COMMISSION, SO AS TO DELETE THE AUTHORITY OF THE ATTORNEY GENERAL TO PROCEED UNDER THE PROVISIONS OF SECTION 2-17-70 AND AUTHORIZE THE ETHICS COMMISSION TO FILE A COMPLAINT AGAINST THE PERSON IN ACCORDANCE WITH THE PROVISIONS OF SECTION 8-13-320; TO AMEND SECTION 2-17-90, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MAY ACCEPT LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION TO A FUNCTION PAID FOR BY A LOBBYIST'S PRINCIPAL IF IT IS PROVIDED FOR THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SOLELY ON THE BASIS THAT THE SPOUSE OF THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS AN OFFICIAL OR AN EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL AND THE SPOUSE IS RECEIVING THE LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, MEALS, BEVERAGES, OR AN INVITATION CLEARLY INCIDENTAL TO THE SPOUSE'S OFFICE OR EMPLOYMENT WITH THE LOBBYIST'S PRINCIPAL AND THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS RECEIVING IT ONLY AS THE SPOUSE OF AN OFFICIAL OR EMPLOYEE OF THE PROVIDING LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-100, AS AMENDED, RELATING TO THE PROHIBITION ON PUBLIC OFFICIALS OR EMPLOYEES RECEIVING COMPENSATION FOR SPEAKING BEFORE AUDIENCES AND EXCEPTIONS AND RULES FOR PAYMENT OF EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, A PUBLIC MEMBER, OR A PUBLIC EMPLOYEE ACTING IN AN OFFICIAL CAPACITY MAY NOT RECEIVE ANYTHING OF VALUE FROM A LOBBYIST'S PRINCIPAL FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, AND THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND PROVIDE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST UNDER SECTION 8-13-1110 MUST REPORT ON HIS STATEMENT THE ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES, THE AMOUNT OF THE PAYMENT OR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT, REQUIRE THAT THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST OR TO WHOM IS PAID OR REIMBURSED ACTUAL EXPENSES FOR SPEAKING MUST REPORT THE SAME INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE IS ASSOCIATED, TO PROVIDE THAT IF THE EXPENSES ARE INCURRED OUT OF STATE THE PUBLIC OFFICIAL OR PUBLIC EMPLOYEE MUST RECEIVE PRIOR WRITTEN APPROVAL FROM THE CHIEF EXECUTIVE OF THE DEPARTMENT OF THE STATE OR ANY STATE BOARD, COMMISSION, AGENCY, OR AUTHORITY, INCLUDING COMMITTEES OF ANY BODY BY WHATEVER NAME KNOWN, IN ALL OTHER CASES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF LAW ON ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO CLARIFY IN THE DEFINITION OF "CANDIDATE" THAT IT ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS KNOWLEDGE OF THE SOLICITATION, TO INCLUDE WITHIN A DEFINITION "ELECTION" THAT IT ALSO MEANS A BALLOT MEASURE, AND TO PROVIDE A DEFINITION OF "OFFICIAL CAPACITY" AND "STATE BOARD, COMMISSION, OR COUNCIL"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A VIOLATION OF CHAPTER 13, TITLE 8, IS ENTITLED TO THE ADMINISTRATIVE HEARING PROCESS CONTAINED IN SECTION 8-13-320, AND TO DELETE AND TO PROVIDE THAT THE APPROVAL OF THE CHAIRMAN INSTEAD OF AN AFFIRMATIVE VOTE OF A MAJORITY OF THE MEMBERS OF THE COMMISSION IS REQUIRED TO ISSUE SUBPOENAS FOR THE PROCUREMENT OF WITNESSES AND MATERIALS RELEVANT TO THE AGENCY'S INVESTIGATION; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-325 SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL RETAIN FEES GENERATED BY THE REGISTRATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS TO OFFSET COSTS ASSOCIATED WITH THE ADMINISTRATION AND REGULATION OF LOBBYISTS AND LOBBYIST'S PRINCIPALS; TO AMEND SECTION 8-13-715, AS AMENDED, RELATING TO SPEAKING ENGAGEMENTS OF PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES, EXPENSE REIMBURSEMENT, AND AUTHORIZATION FOR REIMBURSEMENT OF OUT-OF-STATE EXPENSES, SO AS TO PROVIDE THAT A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS NOT PROHIBITED BY THIS SECTION FROM ACCEPTING A MEAL PROVIDED IN CONJUNCTION WITH THE SPEAKING ENGAGEMENT WHERE ALL PARTICIPANTS ARE ENTITLED TO THE SAME MEAL AND THE MEAL IS INCIDENTAL TO THE SPEAKING ENGAGEMENT, AND TO REQUIRE CERTAIN INFORMATION TO BE INCLUDED IN A STATEMENT OF ECONOMIC INTEREST BY THOSE INDIVIDUALS REQUIRED TO FILE THE STATEMENT, AND REQUIRE THAT THESE INDIVIDUALS WHO ARE NOT REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST BUT WHO IS PAID OR REIMBURSED ACTUAL EXPENSES FOR A SPEAKING ENGAGEMENT MUST REPORT THIS INFORMATION IN WRITING TO THE CHIEF ADMINISTRATIVE OFFICIAL OR EMPLOYEE OF THE AGENCY WITH WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE IS ASSOCIATED; TO AMEND SECTION 8-13-740, AS AMENDED, RELATING TO REPRESENTATION OF ANOTHER BY A PUBLIC OFFICIAL, MEMBER, OR EMPLOYEE BEFORE A GOVERNMENTAL ENTITY, SO AS TO REFERENCE AN AGENCY, UNIT, OR SUBUNIT OF THE COUNTY OR MUNICIPALITY, AND AN ENTITY ON THE SAME LEVEL OF GOVERNMENT, FOR WHICH THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS AN OFFICIAL RESPONSIBILITY; TO AMEND SECTION 8-13-775, AS AMENDED, RELATING TO THE PROVISIONS OF LAW SPECIFYING THAT A PUBLIC OFFICIAL, MEMBER, OR AN EMPLOYEE WITH AN OFFICIAL FUNCTION RELATED TO CONTRACTS IS NOT PERMITTED TO HAVE AN ECONOMIC INTEREST IN THE CONTRACTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT PROHIBIT THE AWARD OF THE CONTRACTS AWARDED THROUGH A PROCESS OF PUBLIC NOTICE AND COMPETITIVE BIDS IF THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE HAS NOT PERFORMED AN OFFICIAL FUNCTION REGARDING THE CONTRACT; TO AMEND SECTION 8-13-785, RELATING TO COMMUNICATION BY AN ELECTED OFFICIAL WITH A STATE BOARD OR COMMISSION ON BEHALF OF A CONSTITUENT, SO AS TO DELETE PROVISIONS WHICH PROVIDED THAT THE PROVISIONS OF ARTICLES ONE THROUGH ELEVEN OF CHAPTER 13, DO NOT PROHIBIT A PUBLIC OFFICIAL FROM CONTRACTING WITH THE STATE OR A GOVERNMENTAL ENTITY WHEN THE CONTRACT IS AWARDED IN ACCORDANCE WITH CHAPTER 35 OF TITLE 11; TO AMEND SECTION 8-13-1110, AS AMENDED, RELATING TO PERSONS REQUIRED TO FILE A STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE REFERENCE TO "CONSULTANT"; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO DELETE CERTAIN PROVISIONS REFERENCING PERSONAL PROPERTY, AND INCLUDE PROVISIONS WHICH REQUIRE THE NAME OF EACH ORGANIZATION WHICH PAID FOR OR REIMBURSED ACTUAL EXPENSES OF THE FILER FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP, THE AMOUNT OF SUCH PAYMENT FOR REIMBURSEMENT, AND THE PURPOSE, DATE, AND LOCATION OF THE SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTEREST, SO AS TO INCLUDE PROVISIONS WHERE A CREDITOR IS SUBJECT TO REGULATION BY THE FILER OR IS SEEKING OR HAS SOUGHT A BUSINESS OR FINANCIAL ARRANGEMENT WITH THE FILER'S AGENCY OR DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1125, SO AS TO PROVIDE THAT CERTAIN REPORTING REQUIREMENTS UNDER SECTION 8-13-1120 DO NOT APPLY TO AN EVENT WHICH A MEMBER OF THE GENERAL ASSEMBLY IS INVITED BY A LOBBYIST'S PRINCIPAL, REGARDLESS OF WHETHER OR NOT THE MEMBER ATTENDED THE EVENT, IF THE INVITATION IS EXTENDED TO THE ENTIRE MEMBERSHIP OF THE HOUSE, THE SENATE, OR THE GENERAL ASSEMBLY THEN THE INVITATION IS ACCEPTED BY THE HOUSE OR SENATE INVITATION COMMITTEES PURSUANT TO HOUSE OR SENATE RULES; TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1127 SO AS TO PROVIDE THAT THE HOUSE AND THE SENATE INVITATION COMMITTEES SHALL KEEP AN UPDATED LIST OF ACCEPTED INVITATIONS, AND REQUIRE THE LIST TO BE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS; TO AMEND SECTION 8-13-1150, AS AMENDED, RELATING TO THE FILING OF A STATEMENT OF ECONOMIC INTEREST BY CERTAIN CONSULTANTS, SO AS TO DELETE A REFERENCE TO "STATEMENT OF ECONOMIC INTEREST"; TO AMEND SECTION 8-13-1160, AS AMENDED, RELATING TO FORWARDING OF COPIES OF THE STATEMENT OF ECONOMIC INTERESTS TO THE STATE ETHICS COMMISSION AND THE FILING PERSON'S COUNTY OF RESIDENCE, SO AS TO PROVIDE FOR THE FORWARDING OF THE STATEMENT WITHIN FIVE, RATHER THAN TWO, BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS UNDER "CAMPAIGN PRACTICES", SO AS TO PROVIDE THAT A "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED IF THE PERSON HAS THE KNOWLEDGE OF THE SOLICITATION, AND TO DELETE FROM THE DEFINITION OF "CONTRIBUTION" A REFERENCE TO BALLOT MEASURE, AND PROVIDE THAT "ELECTION" ALSO MEANS A BALLOT MEASURE, AND TO INCLUDE FROM THE DEFINITION OF "INDEPENDENT EXPENDITURE" AN EXPENDITURE MADE BY A PERSON TO ADVOCATE AN ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR BALLOT MEASURE, AND TO DELETE FROM THE DEFINITION OF "NONCANDIDATE COMMITTEE" A REFERENCE TO BALLOT MEASURE; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO DELETE CERTAIN REFERENCES AND TO PROVIDE THAT FOLLOWING THE FILING OF AN INITIAL CERTIFIED CAMPAIGN REPORT, ADDITIONAL CERTIFIED CAMPAIGN REPORTS MUST BE FILED WITHIN TEN DAYS FOLLOWING THE END OF EACH CALENDAR QUARTER IN WHICH THE CONTRIBUTIONS ARE RECEIVED OR EXPENDITURES ARE MADE, WHETHER BEFORE OR AFTER AN ELECTION UNTIL THE CAMPAIGN ACCOUNT UNDERGOES FINAL DISBURSEMENT PURSUANT TO THE PROVISIONS OF SECTION 8-13-1370 AND TO CHANGE THE TIME FOR MAINTAINING OF A CURRENT LIST OF ALL CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS FROM THE TWENTY-DAY PERIOD BEFORE THE ELECTION TO THE TIME COMMENCING AT THE BEGINNING OF THE CALENDAR QUARTER OF THE ELECTION, AND TO REQUIRE A COMMITTEE TO FILE A CAMPAIGN REPORT LISTING EXPENDITURES IF IT MAKES AN INDEPENDENT EXPENDITURE OR AN INCURRED EXPENDITURE WITHIN THE CALENDAR QUARTER IN WHICH THE ELECTION IS CONDUCTED OR TWENTY DAYS BEFORE THE ELECTION, WHICHEVER TIME IS GREATER INSTEAD OF TWENTY DAYS BEFORE THE ELECTION UNDER CERTAIN CIRCUMSTANCES, AND TO REQUIRE THAT CERTAIN REPORTS MUST BE COMBINED AND FILED UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO PROVIDE THAT THE SENATE ETHICS COMMITTEE AND THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE MUST FORWARD A COPY OF EACH STATEMENT FILED WITH IT TO THE STATE ETHICS COMMISSION WITHIN FIVE RATHER THAN TWO BUSINESS DAYS OF RECEIPT; TO AMEND SECTION 8-13-1346, AS AMENDED, RELATING TO THE PROHIBITION ON THE USE OF PUBLIC FUNDS, PROPERTY OR TIME TO INFLUENCE THE OUTCOME OF AN ELECTION, SO AS TO PROVIDE THAT THE SECTION DOES NOT PROHIBIT THE EXPENDITURE OF PUBLIC RESOURCES BY A GOVERNMENTAL ENTITY OR RESPONSE TO NEWS MEDIA OR CITIZENS' INQUIRIES CONCERNING A BALLOT MEASURE AFFECTING A GOVERNMENTAL ENTITY AND PROVIDE AN EXCEPTION; TO AMEND SECTION 8-13-1354, AS AMENDED, RELATING TO IDENTIFICATION OF A PERSON INDEPENDENTLY PAYING FOR AN ELECTION-RELATED COMMUNICATION AND EXCEPTIONS, SO AS TO APPLY THE SECTION TO A CANDIDATE, COMMITTEE, OR OTHER PERSON RATHER THAN "A PERSON", AND APPLY THE SECTION TO MAKING AN EXPENDITURE, RATHER THAN "INDEPENDENT EXPENDITURE"; TO AMEND SECTION 8-13-1356, AS AMENDED, RELATING TO THE FILING OF THE STATEMENT OF ECONOMIC INTERESTS BY CANDIDATES FOR PUBLIC OFFICE, SO AS TO DELETE CERTAIN LANGUAGE RELATING TO TIME AFTER RECEIVING A CANDIDATE'S STATEMENT OF ECONOMIC INTEREST, AND PROVIDE THAT THE OFFICIAL WITH WHOM THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR PETITION FOR NOMINATION NO LATER THAN FIVE BUSINESS DAYS AFTER CANDIDACY BOOKS CLOSE, MUST FILE A COPY OF THE STATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 8-13-1374 SO AS TO PROVIDE THAT THE FAILURE TO FILE CERTAIN REPORTS OR STATEMENTS WITH THE APPROPRIATE SUPERVISORY OFFICE IS DEEMED TO HAVE OCCURRED IN RICHLAND COUNTY.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 2-17-10 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding an appropriately numbered item to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and
(c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated."
Definition
SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(14) `Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is considered a lobbyist's principal only as to the public office or public body to which he has authorized, pursuant to this chapter, a lobbyist to engage in lobbying."
Identification
SECTION 3. Section 2-17-20(B)(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(2) an identification of the public office or public body which the lobbyist will engage in lobbying and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
Lobbyist deemed lobbyist's principal
SECTION 4. Section 2-17-20(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(4) If a lobbyist fails to identify the public office or public body for which he is authorized to engage in lobbying, as required by item (2) of this subsection, then the lobbyist's principal for whom the lobbyist is authorized to engage in lobbying is deemed a lobbyist's principal as to all public offices or public bodies of the State."
Identification of public office or body
SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3) an identification of the public office or public body which the lobbyist's principal will authorize lobbying and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
Lobbyist's deemed lobbyist's principal
SECTION 6. Section 2-17-25(B) of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding a new item to read:
"(5) If a lobbyist's principal fails to identify the public office or public body for which he has authorized lobbying as required by item (3) of this subsection, then the lobbyist's principal is deemed a lobbyist's principal as to all public offices or public bodies of the State."
Report must be filed
SECTION 7. The first paragraph of Section 2-17-30 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Each lobbyist, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-20(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
Filing periods
SECTION 8. The first paragraph of Section 2-17-35 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Except as otherwise provided by Section 2-17-90(E), each lobbyist's principal, no later than April tenth and October tenth of each year, must file a report with the State Ethics Commission covering that lobbyist's principal's expenditures attributable to lobbying during that filing period. The filing periods shall be from January first to March thirty-first for the April tenth report and shall be from April first to September thirtieth for the October tenth report. Any lobbying activity not reflected on the October tenth report and not reported on a statement of termination pursuant to Section 2-17-25(C) must be reported no later than December thirty-first of that year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"
Notices and reports must be filed
SECTION 9. Section 2-17-65(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) If, after notification by the State Ethics Commission that a required statement has not been filed, the person fails to file the necessary notices and reports, the State Ethics Commission shall, upon a finding of probable cause, file a complaint against the person in accordance with the provisions of Section 8-13-320(9) and (10)."
Statement of economic interests
SECTION 10. Section 2-17-90(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) Except as otherwise provided by subsection (E), any public official or any public employee who is required to file a statement of economic interests under Section 8-13-1110 and who accepts lodging, transportation, entertainment, food, meals, or beverages under subsection (A) or (G) must report on his statement of economic interests pursuant to Section 8-13-1120 the value of anything received."
Provisions not to apply
SECTION 11. Section 2-17-90(F) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(F) The provisions of this section do not apply to a public official or a public employee who pays for his lodging, transportation, entertainment, meals, food, or beverages at a function to which he has been invited by a lobbyist's principal or to a public official or a public employee who pays the face value of a ticket to attend a ticketed event sponsored by a lobbyist's principal when the ticketed event is open to the general public."
Public official or employee may accept lodging, etc.
SECTION 12. Section 2-17-90 of the 1976 Code, as added by Act 248 of 1991, is amended by adding:
"(G) Notwithstanding any other provisions of this section, a public official or public employee may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal if it is provided to the public official or public employee solely on the basis that the spouse of the public official or public employee is an official or employee of the providing lobbyist's principal and the spouse's receipt of the lodging, transportation, entertainment, food, meals, beverages, or invitation is purely incidental to the spouse's office or employment with the lobbyist's principal and the public official or public employee is receiving it only as the spouse of an official or employee of the providing lobbyist's principal."
Public official or employee may not receive anything of value for speaking
SECTION 13. Section 2-17-100 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value from a lobbyist's principal for speaking before a public or private group. A public official or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official or public employee who is required to file a statement of economic interests under Section 8-13-1110. A public official or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official or public employee is associated.
If the expenses are incurred out of state, the public official or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of a department of the State or any state board, commission, agency, or authority, including committees of any such body, by whatever name known, in all other cases."
Definition of `candidate'
SECTION 14. Section 8-13-100(5) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(5) `Candidate' means a person who seeks appointment, nomination for election, or election to a state or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a person within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
Definition of `election'
SECTION 15. Section 8-13-100(12) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(12) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate;
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
Definition of `official capacity'
SECTION 16. Section 8-13-100 of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) `Official capacity' means activities which:
(a) arise because of the position held by the public official, public member, or public employee;
(b) involve matters which fall within the official responsibility of the agency, the public official, the public member, or the public employee; and
(c) are services the agency would normally provide and for which the public official, public member, or public employee would be subject to expense reimbursement by the agency with which the public official, public member, or public employee is associated."
Definition of `state board', `commission', or `council'
SECTION 17. Section 8-13-100, of the 1976 Code, as added by Act 248 of 1991, is amended by adding an appropriately numbered item to read:
"( ) `State board, commission, or council' means an agency created by legislation which has statewide jurisdiction and which exercises some of the sovereign power of the State."
Complaints and issues are received
SECTION 18. The first six lines of Section 8-13-320(9) of the 1976 Code, as last amended by Act 184 of 1993, are further amended to read:
"to initiate or receive complaints and make investigations, as provided in item (10), of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section."
Ethics commission may order testimony
SECTION 19. Section 8-13-320(10)(f), of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(f) The commission may order testimony to be taken in any investigation or hearing by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas by approval of the chairman, subject to judicial enforcement, and issue subpoenas for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation by approval of the chairman, subject to judicial enforcement. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued under this section."
Ethics commission shall retain fees
SECTION 20. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-325. The State Ethics Commission shall retain fees generated by the registration of lobbyists and lobbyist's principals to offset costs associated with the administration and regulation of lobbyists and lobbyist's principals."
Public official or member may not receive anything of value for speaking before a public or private group
SECTION 21. Section 8-13-715 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-715. A public official, public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. A public official, public member, or public employee is not prohibited by this section from accepting a meal provided in conjunction with a speaking engagement where all participants are entitled to the same meal and the meal is incidental to the speaking engagement. Notwithstanding the limitations of Section 2-17-90, a public official, public member, or public employee may receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. A public official, public member, or public employee required to file a statement of economic interests under Section 8-13-1110 must report on his statement of economic interests the organization which paid for or reimbursed actual expenses, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement. A public official, public member, or public employee who is not required to file a statement of economic interests but who is paid or reimbursed actual expenses for a speaking engagement must report this same information in writing to the chief administrative official or employee of the agency with which the public official, public member, or public employee is associated.
If the expenses are incurred out of state, the public official, public member, or public employee incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
Representation
SECTION 22. Section 8-13-740(A)(4) and (5) of the 1976 Code, as last amended by Act 248 of 1991, are further amended to read:
"(4) A public official, public member, or public employee of a county, 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 may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility 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, 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 may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."
Representation
SECTION 23. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(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 his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Insurance Commission, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."
Representation
SECTION 24. Section 8-13-740(A)(6) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(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 his official duties, an individual with whom he is associated, or a business with which he is associated may not knowingly represent a person before an entity on the same level of government for which the public official, public member, or public employee has official responsibility except:
(a) as required by law;
(b) before a court under the unified judicial system; or
(c) in a contested case, as defined in Section 1-23-310, excluding a contested case for a rate or price fixing matter before the South Carolina Public Service Commission or the South Carolina Department of Insurance, or in an agency's consideration of the drafting and promulgation of regulations under Chapter 23 of Title 1 in a public hearing."
Economic interest in a contract
SECTION 25. Section 8-13-775 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-775. A public official, public member, or public employee may not have an economic interest in a contract with the State or its political subdivisions if the public official, public member, or public employee is authorized to perform an official function relating to the contract. Official function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of the contract. This section is not intended to infringe on or prohibit public employment contracts with this State or a political subdivision of this State nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the public official, public member, or public employee has not performed an official function regarding the contract."
Communications not prohibited
SECTION 26. Section 8-13-785 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-785. Nothing in Chapter 13 of Title 8 prevents an elected official from communicating 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 the elected official is associated, or a business with which the elected official is associated is not representing the constituent for compensation."
Statement of economic interests
SECTION 27. Section 8-13-1110(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:
(1) a person appointed to fill the unexpired term of an elective office;
(2) a salaried member of a state board, commission, or agency;
(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;
(4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;
(5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;
(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; (7) a school district and county superintendent of education;
(8) a school district board member and a county board of education member;
(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 (6);
(10) a public official;
(11) a public member who serves on a state board, commission, or council."
Real Property
SECTION 28. Section 8-13-1120(A)(3) and (4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3)(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 the public improvements are known to the filer; or
(ii) the interest can reasonably be expected to be the subject of a conflict of interest; or
(b) if a sale, lease, or rental of personal or real property is to 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;
(4) the name of each organization which paid for or reimbursed actual expenses of the filer for speaking before a public or private group, the amount of such payment or reimbursement, and the purpose, date, and location of the speaking engagement;"
Listing of each creditor
SECTION 29. Section 8-13-1120(A)(6)(a) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(6)(a) a listing by name and address of 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, if the creditor is subject to regulation by the filer or is seeking or has sought a business or financial arrangement with the filer's agency or department other than for a credit card or retail installment contract, and the original amount of the debt and amount outstanding unless:"
Exemption reporting requirement
SECTION 30. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation was extended to the entire membership of the House, Senate, or General Assembly, and the invitation was accepted by the House or Senate Invitations Committee pursuant to House or Senate rules."
List to be kept
SECTION 31. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1127. The House and Senate Invitations Committees shall keep an updated list of invitations accepted by the body. The list must be available for public inspection during regular business hours."
Consultant to file statement
SECTION 32. Section 8-13-1150 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1150. A consultant must file a statement for the previous calendar year with the appropriate supervisory office no later than twenty-one days after entering into a contractual relationship with the State or a political subdivision of the State 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 the entity's bid was evaluated by the consultant and who was subsequently awarded the contract by the State, county, municipality, or a political subdivision of any of these entities that contracted with the consultant; or
(2) where the entity was awarded a contract by the consultant."
Committees must file copies
SECTION 33. Section 8-13-1160 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt.
(B) Within five business days of receipt, a copy of all statements of economic interests received by the State Ethics Commission must be forwarded to the clerk of court in the county of residence of the filing official or employee."
Definition `candidate'
SECTION 34. Section 8-13-1300(4) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(4) `Candidate' means a person who seeks appointment, nomination for election, or election to a statewide or local office, or authorizes or knowingly permits the collection or disbursement of money for the promotion of his candidacy or election. It also means a person on whose behalf write-in votes are solicited if the person has knowledge of such solicitation. `Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976."
Definition `contribution'
SECTION 35. Section 8-13-1300(7) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(7) `Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge. `Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer receives no compensation from any source."
Definition `election'
SECTION 36. Section 8-13-1300(9) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(9) `Election' means:
(a) a general, special, primary, or runoff election;
(b) a convention or caucus of a political party held to nominate a candidate;
(c) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or the Constitution of this State; or
(d) a ballot measure."
Definition `independent expenditure'
SECTION 37. Section 8-13-1300(17) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(17) `Independent expenditure' means:
(a) an expenditure made by a person to advocate the election or defeat of a clearly identified candidate or ballot measure; and
(b) when taken as a whole and in context, the expenditure made by a person expressly to urge a particular result in an election but which is not:
(i) made to;
(ii) controlled by;
(iii) coordinated with;
(iv) requested by; or
(v) made upon consultation with a candidate or an agent of a candidate.
Expenditures by party committees or expenditures by legislative caucus committees based upon party affiliation are considered to be controlled by, coordinated with, requested by, or made upon consultation with a candidate or an agent of a candidate."
Definition `noncandidate committee'
SECTION 38. Section 8-13-1300(23) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(23) `Noncandidate committee' means a committee that is not a campaign committee for a candidate but is organized to influence an election or to support or oppose a candidate or public official, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. `Noncandidate committee' does not include political action committees that contribute solely to federal campaigns."
Candidate to file statement
SECTION 39. Section 8-13-1308 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1308. (A) Upon the receipt or expenditure of campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304 must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that does not receive or expend campaign contributions totaling, in an accumulated aggregate, five hundred dollars or more must file an initial certified campaign report fifteen days before an election.
(B) Following the filing of an initial certified campaign report, additional certified campaign reports must be filed within ten days following the end of each calendar quarter in which contributions are received or expenditures are made, whether before or after an election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370.
(C) Campaign reports filed by a candidate must be certified by the candidate. Campaign reports filed by a committee must be certified by a duly authorized officer of the committee.
(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(E) Notwithstanding the provisions of subsections (B) and (D), if a pre-election campaign report provided for in subsection (D) is required to be filed within thirty days of the end of the prior quarter, a candidate or committee must combine the quarterly report provided for in subsection (B) and the pre-election report and file the combined report subject to the provisions of subsection (D) no later than fifteen days before the election.
(F) Certified campaign reports detailing campaign contributions and expenditures must contain:
(1) the total of contributions accepted by the candidate or committee;
(2) the name and address of each person making a contribution of more than one hundred dollars and the date of receipt of each contribution; (3) the total expenditures made by or on behalf of the candidate or committee;
(4) the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."
Committees must forward copies
SECTION 40. Section 8-13-1310(B) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(B) The Senate Ethics Committee and the House of Representatives Ethics Committee must forward a copy of each statement filed with it to the State Ethics Commission within five business days of receipt."
Copies to be forwarded
SECTION 41. Section 8-13-1310(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) Within five days of receipt, a copy of all campaign reports received by the State Ethics Commission must be forwarded to the State Election Commission and the clerk of court in the county of residence of the person required to file."
Use of public funds, etc.
SECTION 42. Section 8-13-1346 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1346. (A) A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.
(B) This section does not prohibit the incidental use of time and materials for preparation of a newsletter reporting activities of the body of which a public official is a member.
(C) This section does not prohibit the expenditure of public resources by a governmental entity to prepare informational materials, conduct public meetings, or respond to news media or citizens' inquiries concerning a ballot measure affecting that governmental entity; however, a governmental entity may not use public funds, property, or time in an attempt to influence the outcome of a ballot measure."
Expenditures by candidate, etc.
SECTION 43. Section 8-13-1354 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1354. A candidate, committee, or other person which makes an expenditure in the distribution, posting, or broadcasting of a communication to voters supporting or opposing a public official, a candidate, or a ballot measure must place his name and address on the printed matter or have his name spoken clearly on a broadcast so as to identify accurately the person and his address. Campaign buttons, balloons, yard signs, or similar items are exempt from this requirement."
Copy of statement to be filed
SECTION 44. Section 8-13-1356(C) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(C) The official with whom the candidate files a declaration of candidacy or petition for nomination, no later than five business days after candidacy books close, must file a copy of the statement with the appropriate supervisory office."
Failure to file deemed to have occurred in Richland County
SECTION 45. The 1976 Code is amended by adding:
"Section 8-13-1374. The failure to file a report or statement with the appropriate supervisory office, as required under the provisions of this chapter, is deemed to have occurred in Richland County."
Savings clause
SECTION 46. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. This act may not be construed to affect any prosecution pending or begun before the effective date of this act.
Time effective
SECTION 47. This act takes effect upon approval by the Governor, except Section 24, which takes effect July 1, 1995. Provided, however, any changes in reporting requirements pursuant to the provisions of this act shall apply only to transactions occurring on or after January 1, 1995.
Became law without the signature of the Governor -- 1/12/95.