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Current Status Bill Number:View additional legislative information at the LPITS web site.3259 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010111 Primary Sponsor:W.D. Smith All Sponsors:W.D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe, Miller, Edge Drafted Document Number:l:\council\bills\pt\1029dw01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:20010213 Subject:Push-poll, definition and regulation of; Elections, Candidates, Telephones, Ethics, Campaign practices History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010227 Introduced, read first time, 11 SJ referred to Committee House 20010223 Read third time, sent to Senate House 20010222 Read second time, unanimous consent for third reading on Friday, 20010223 House 20010220 Co-Sponsor added (Rule 5.2) by Rep. Edge House 20010213 Request for debate by Representative Jennings Kennedy McLeod Clyburn Hosey Mack Breeland Rivers Weeks Lloyd Howard J.H. Neal Altman Hayes Fleming Miller Harrison Easterday Emory House 20010213 Amended House 20010207 Committee report: Favorable with 25 HJ amendment House 20010124 Co-Sponsor added (Rule 5.2) by Rep. Miller House 20010111 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 7, 2001 - Word format Revised on February 13, 2001 - Word format Revised on February 22, 2001 - Word format
AMENDED
February 22, 2001
H. 3259
Introduced by Reps. W.D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe, Miller and Edge
S. Printed 2/22/01--H.
Read the first time January 11, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1355. (A)(1) For purposes of this section, a 'push-poll' is a paid telephone survey supporting or opposing any candidate for public office and conducted by or on behalf of a candidate or committee that:
(a) asks questions or gives statements relating to candidates for public office that state, imply, or convey information about another candidate's character, status, or political stance or record; and
(b) is conducted in a manner that is likely to be construed by the person receiving the call to be a survey or poll which uses an established method of scientific sampling and gather statistical data for entities or organizations that are acting independently of any political party, candidate, or interest group.
(2) A person who conducts a push-poll, as defined in subsection (A)(1), must, at the beginning of the call, disclose the name of the candidate or committee that paid for, sponsored, donated, or authorized the call.
(3) If the call is an independent expenditure, the disclosure shall also state that no candidate has approved the call.
(4) No person or organization shall state or imply false or fictitious names or telephone numbers when providing the disclosures required under this section.
(B) The entity in charge of conducting a push-poll must file the name, telephone number, and address of the candidate or committee who paid for, sponsored, donated, or authorized the poll, together with the text of the poll with the State Ethics Commission and also with the candidates or campaigns involved twenty-four hours before the poll is initiated. If a committee or entity has paid for, sponsored, donated, or authorized the poll, it must also file the names of the members of its governing board, board of directors, or executive committee.
(C) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
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