South Carolina General Assembly
115th Session, 2003-2004

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S. 492

STATUS INFORMATION

General Bill
Sponsors: Senators Moore, Setzler, Drummond and Hutto
Document Path: l:\s-jud\bills\moore\jud0056.tlm.doc
Companion/Similar bill(s): 130, 215, 3206

Introduced in the Senate on March 18, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Campaign Finance Reform

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   3/18/2003  Senate  Introduced and read first time SJ-5
   3/18/2003  Senate  Referred to Committee on Judiciary SJ-5

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/18/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 2-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 LOBBYISTS' PRINCIPALS' REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, RELATING TO THE STATE AGENCY OR DEPARTMENT REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; 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 EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-100, RELATING TO DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO DELETE BALLOT MEASURE FROM THE DEFINITION OF "ELECTION"; TO AMEND SECTION 8-13-320, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE A NOTICE OF WAIVER BE FORWARDED TO THE STATE ETHICS COMMISSION AFTER A COMPLAINT HAS BEEN DISMISSED WHEN IT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO ADD SECTION 8-13-365, SO AS TO PROVIDE THAT THE STATE ETHICS COMMISSION MUST ESTABLISH A SYSTEM OF ELECTRONIC FILING FOR DISCLOSURES AND REPORTS; TO AMEND SECTION 8-13-530, RELATING TO THE POWERS AND DUTIES OF THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES, SO AS TO INCLUDE LEGISLATIVE CAUCUS COMMITTEES WITHIN THE JURISDICTION OF A COMMITTEE; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS RELATING TO CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "COMMITTEE" TO INCLUDE AN INDIVIDUAL WHO, TO INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE, MAKES INDEPENDENT EXPENDITURES AGGREGATING FIVE HUNDRED DOLLARS OR MORE DURING AN ELECTION CYCLE, TO AMEND THE DEFINITION OF "ELECTION" TO DELETE BALLOT MEASURE WITHIN ITS DEFINITION, TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO INCLUDE AN EXPENDITURE MADE UPON CONSULTATION WITH A COMMITTEE OR AGENT OF A COMMITTEE OR A BALLOT MEASURE COMMITTEE OR AN AGENT OF A BALLOT MEASURE COMMITTEE, BY DEFINING "BALLOT MEASURE COMMITTEE" AND "INFLUENCE THE OUTCOME OF AN ELECTIVE OFFICE"; TO AMEND SECTION 8-13-1302, RELATING TO MAINTENANCE OF RECORDS OF CONTRIBUTIONS BY A CANDIDATE, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1304, RELATING TO THE REQUIREMENT THAT COMMITTEES RECEIVING AND SPENDING FUNDS MUST FILE A STATEMENT OF ORGANIZATION, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS IN THE AGGREGATE DURING AN ELECTION CYCLE TO INFLUENCE THE OUTCOME OF A BALLOT MEASURE TO FILE A STATEMENT OF ORGANIZATION AND DELETE THE REQUIREMENT FOR THE STATEMENT TO BE FILED BY A COMMITTEE WHICH RECEIVES OR EXPENDS MORE THAN FIVE HUNDRED DOLLARS; TO AMEND SECTION 8-13-1306, RELATING TO THE CONTENTS OF A STATEMENT OF ORGANIZATION, SO AS TO INCLUDE BALLOT MEASURE COMMITTEE WHERE APPLICABLE; TO AMEND SECTION 8-13-1308, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO INCLUDE THE MAKING OF INDEPENDENT EXPENDITURES WITHIN THE REQUIREMENTS OF THE SECTION; BY ADDING SECTION 8-13-1309, SO AS TO REQUIRE A BALLOT MEASURE COMMITTEE REQUIRED TO FILE A STATEMENT OF ORGANIZATION MUST FILE AN INITIAL CERTIFIED CAMPAIGN REPORT WHEN IT RECEIVES OR EXPENDS CAMPAIGN CONTRIBUTIONS TOTALING CERTAIN SPECIFIED AMOUNTS; TO AMEND SECTION 8-13-1310, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1314, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO INCREASE THE CONTRIBUTION LIMITATIONS; TO AMEND SECTION 8-13-1316, RELATING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS RECEIVED FROM POLITICAL PARTIES, SO AS TO PROHIBIT A POLITICAL PARTY FROM RECEIVING CONTRIBUTIONS THROUGH ITS PARTY COMMITTEES OR LEGISLATIVE CAUCUS COMMITTEES WHICH TOTAL CERTAIN AGGREGATE AMOUNTS AND PROVIDE THAT A CONTRIBUTION GIVEN IN VIOLATION OF THIS SECTION MAY NOT BE KEPT BY THE RECIPIENT, BUT WITHIN TEN DAYS MUST BE REMITTED TO THE CHILDREN'S TRUST FUND; TO AMEND SECTION 8-13-1322, RELATING TO DOLLAR LIMITS ON CONTRIBUTIONS TO BALLOT MEASURE COMMITTEES, SO AS TO PROVIDE THAT A BALLOT MEASURE COMMITTEE SHALL NOT ACCEPT FROM A PERSON, AND A PERSON SHALL NOT GIVE TO A BALLOT MEASURE COMMITTEE, CONTRIBUTIONS AGGREGATING MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS IN A CALENDAR YEAR, AND TO PROVIDE THAT NO CONTRIBUTION MAY BE MADE TO A BALLOT MEASURE COMMITTEE BY A REGISTERED LOBBYIST; TO AMEND SECTION 8-13-1324, RELATING TO ANONYMOUS CAMPAIGN CONTRIBUTIONS, SO AS TO PROHIBIT THESE CONTRIBUTIONS TO A BALLOT MEASURE COMMITTEE; TO AMEND SECTION 8-13-1332, RELATING TO UNLAWFUL CONTRIBUTIONS AND EXPENDITURES, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE AS WELL AS A COMMITTEE AND DELETE FROM THE PROHIBITION AN ORGANIZATION OR COMMITTEE OF AN ORGANIZATION TO SOLICIT CONTRIBUTIONS TO THE ORGANIZATION COMMITTEE FROM A PERSON OTHER THAN ITS MEMBERS AND THEIR FAMILIES; BY ADDING SECTION 8-13-1333 SO AS TO AUTHORIZE NOT-FOR-PROFIT CORPORATIONS AND COMMITTEES FORMED BY NOT-FOR-PROFIT CORPORATIONS TO SOLICIT CONTRIBUTIONS FROM THE GENERAL PUBLIC; TO AMEND SECTION 8-13-1348, RELATING TO THE USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO PROVIDE THAT NO BALLOT MEASURE COMMITTEE MAY USE CAMPAIGN FUNDS TO DEFRAY PERSONAL EXPENSES WHICH ARE UNRELATED TO THE CAMPAIGN; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; TO AMEND SECTION 8-13-1368, RELATING TO TERMINATION OF CAMPAIGN FILING REQUIREMENTS, SO AS TO INCLUDE BALLOT MEASURE COMMITTEES WITH THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1370, RELATING TO THE USE OF UNEXPENDED CONTRIBUTIONS BY A CANDIDATE AFTER AN ELECTION, SO AS TO INCLUDE A BALLOT MEASURE COMMITTEE WITHIN THE REQUIREMENTS OF THE SECTION; TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS; TO ADD SECTION 8-13-1373, SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD, USING FUNDS APPROPRIATED TO IT, MUST DEFEND ANY ACTION BROUGHT AGAINST THE STATE OR ITS POLITICAL SUBDIVISIONS PURSUANT TO CHAPTER 13 OF TITLE 8, IN CASES WHERE THE ATTORNEY GENERAL REFUSES TO DEFEND SUCH ACTION; TO AMEND SECTION 8-13-1510, RELATING TO THE PENALTY FOR LATE FILING OF OR FAILURE TO FILE A REPORT OR STATEMENT, SO AS TO DELETE THE FIVE HUNDRED DOLLAR MAXIMUM FINE; TO AMEND SECTION 8-13-1520, RELATING TO A VIOLATION OF CHAPTER 13 OF TITLE 8, SO AS TO MAKE CERTAIN VIOLATIONS OF ARTICLE 13 OF CHAPTER 8 A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATIONS.

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

SECTION    1.    The first paragraph of Section 2-17-30(A) of the 1976 Code is 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 are from January first to March thirty-first for the April tenth report, and shall be are 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION    2.    The first paragraph of Section 2-17-35(A) of the 1976 Code 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 are from January first to March thirty-first for the April tenth report, and shall be are 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION    3.    The first paragraph of Section 2-17-40(A) of the 1976 Code is amended to read:

"Each state agency or department shall must, no later than April first tenth and October first tenth of each year, file a report with the State Ethics Commission covering that agency's lobbying during that filing period. The filing periods are from January first to March thirty-first for the April tenth report, and are 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 January tenth of the succeeding year. Each report must be in a form prescribed by the State Ethics Commission and be limited to and contain:"

SECTION    4.    Section 2-17-90(A)(1) of the 1976 Code is amended to read:

"(1)    as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups. In addition, invitations may be extended and accepted at national and regional conventions and conferences of organizations to which the General Assembly pays annual dues when the invitation is extended to all members in attendance;"

SECTION    5.    Section 2-17-90(A) of the 1976 Code is amended by adding:

"(7)    as to cabinet officers, a function to which all cabinet officers are invited."

SECTION    6.    Section 2-17-90(B) of the 1976 Code is amended to read:

"(B)    No lobbyist's principal or person acting on behalf of a lobbyist's principal may provide to a public official or a public employee pursuant to subsections (A)(1), (A)(2), (A)(3), (A)(4), or (A)(5), or (A)(7) the value of lodging, transportation, entertainment, food, meals, or beverages exceeding twenty-five dollars in a day and two hundred dollars in a calendar year per public official or public employee."

SECTION    7.    Section 8-13-100(12) of the 1976 Code 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; or

(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."

SECTION    8.    Section 8-13-320(9)(b) of the 1976 Code is amended to read:

"(b)(1)    No complaint may be accepted by the commission concerning a candidate for elective office in the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i)    that the petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)    that the claims, defenses, and other legal contentions are not warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(iii)    that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or

(iv)    that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief.

(2)    Action on a complaint filed against a candidate which was received more than fifty days before the election and but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election."

SECTION    9.    Section 8-13-320(10)(b) of the 1976 Code is amended to read:

"(b)    If the commission or its executive director determines that the complaint does not allege facts sufficient to constitute a violation, the commission shall must dismiss the complaint and notify the complainant and respondent, and the. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."

SECTION    10.    The 1976 Code is amended by adding:

"Section 8-13-365.    (A)    The commission must establish a system of electronic filing for disclosures and reports from all candidates and entities. In accordance with Article 13 of this chapter, reports required to be filed with the commission by candidates and committees for statewide and legislative offices after November 2, 2004, must be filed using an Internet-based filing system as prescribed by the commission. The information contained in the campaign disclosure form, with the exception of social security numbers, campaign bank account numbers, and tax ID numbers, must be publicly accessible, searchable, and transferable.

(B)    All disclosures and reports required to be filed in accordance with Article 13 of this chapter by candidates and committees for statewide and legislative offices for the election cycle beginning November 3, 2004, must be filed electronically according to requirements established by the commission. The commission remains the appropriate supervisory office for those candidates and committees set forth in Section 8-13-1300(1).

(C)    The Ethics Commission must submit to the General Assembly a report no later than January 10, 2005, concerning the effectiveness of mandatory electronic filing, and must make recommendations as to the implementation of mandatory filing for all other candidates and entities."

SECTION    11.    Section 8-13-530(1) and (2) of the 1976 Code are amended to read:

"(1)    upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees of, or candidate for the appropriate house, misconduct of a member of, legislative caucus committees of, or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;

(2)    receive and hear a complaint which alleges a breach of a privilege governing a member of the appropriate house, the alleged breach of a rule governing a member of or candidate for the appropriate house, misconduct of a member of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2. No complaint may be accepted by the ethics committee concerning a member of or candidate for the appropriate house in the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order, or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the non-petitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding:

(i)    that the petition is being presented for an improper purpose such as harassment or to cause delay;

(ii)    that the claims, defenses, and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(iii)    that the allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery; or

(iv)    that the denials of factual contentions are not warranted on the evidence or, if specifically so identified, are not reasonably based on a lack of information or belief. Action on a complaint filed against a member or candidate which was received more than fifty days before the election and which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;"

SECTION    12.    Section 8-13-1300(6) of the 1976 Code is amended to read:

"(6)    'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office or a ballot measure, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means an individual a person who, to influence the outcome of an elective office or a ballot measure, makes:

(a)    contributions aggregating at least fifty five thousand dollars during an election cycle to, or at the request of, a candidate or a committee, or a combination of them.; or

(b)    independent expenditures aggregating five hundred dollars or more during an election cycle for the election or defeat of a candidate.

'Committee' includes a party committee, a legislative caucus committee, a noncandidate committee, or a committee that is not a campaign committee for a candidate but that is organized for the purpose of influencing an election, including all political action committees."

SECTION    13.    Section 8-13-1300(7) of the 1976 Code 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, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source."

SECTION    14.    Section 8-13-1300(9) of the 1976 Code 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; or

(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."

SECTION    15.    Section 8-13-1300(17) of the 1976 Code is amended to read:

"(17)    'Independent expenditure' means:

(a)    an expenditure made directly or indirectly 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 to influence the outcome of an elective office or ballot measure 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; or a committee or agent of a committee; or a ballot measure committee or an agent of a ballot measure committee.

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."

SECTION    16.    Section 8-13-1300 of the 1976 Code is amended by adding appropriately numbered items to read:

"( )    'Ballot measure committee' means:

(a)    an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure, receives contributions or makes expenditures in excess of two thousand five hundred dollars in the aggregate during an election cycle;

(b)    a person, other than an individual, who, to influence the outcome of a ballot measure, makes contributions aggregating at least five thousand dollars during an election cycle to or at the request of a ballot measure committee; or

(c)    a person, other than an individual, who, to influence the outcome of a ballot measure, makes independent expenditures aggregating two thousand five hundred dollars or more during an election cycle.

( )    'Influence the outcome of an elective office' means:

(a)    advocating the election or defeat of a clearly identified candidate using words including or substantially similar to 'vote for', 'elect', 'cast your ballot for', 'Smith for Governor', 'vote against', 'defeat', or 'reject'; or

(b)    communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as 'Smith's the One', 'Jones 2000', 'Smith/Jones', 'Jones!', or 'Smith-A man for the People!'

( )    'Coordinated with' means:

Discussion or negotiation between a candidate or a candidate's agent and:

(a)    a person;

(b)    an agent of a person;

(c)    any other agent of a candidate;

(d)    a committee;

(e)    a ballot measure committee;

(f)    an agent of a committee or a ballot measure committee; or

(g)    any combination of these concerning, but not limited to, a political communication's:

(1)    contents, including the specific wording of print, broadcast, or telephone communications; appearance of print or broadcast communications; the message or theme of print or broadcast communications;

(2)    timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;

(3)    location, including the proximity to other political communications, or geographical targeting, or both;

(4)    mode, including the medium (phone, broadcast, print, etc.) of the communication;

(5)    intended audience, including the demographic or political targeting, or geographical targeting; and

(6)    volume, including the amount, frequency, or size of the political communication.

( )    'Operation expenses' means:

Expenditures for salaries and/or fringe benefits for part-time, full-time, temporary and/or contract employees; meeting expenses, travel, utilities, communications and/or communications equipment whether leased or purchased, printing or printing services, postage, food and/or beverage, advertising, consulting services and/or any other expenditures which are not an authorized contribution to a candidate, committee, or ballot measure committee."

SECTION    17.    Section 8-13-1302 of the 1976 Code is amended to read:

"Section 8-13-1302.    (A)    A candidate, or committee, or ballot measure committee shall must maintain and preserve an account of:

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

(2)    the name and address of each person making a contribution and the amount and date of receipt of each contribution;

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

(4)    the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;

(5)    all receipted bills, canceled checks, or other proof of payment for each expenditure; and

(6)    the occupation of each person making a contribution.

(B)    The candidate, or committee, or ballot measure committee must maintain and preserve all receipted bills and accounts required by this article for four years."

SECTION    18.    Section 8-13-1304 of the 1976 Code is amended to read:

"Section 8-13-1304.    (A)    A committee, except an out-of-state committee, which receives or expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state committee which expends more than five hundred dollars in the aggregate during an election cycle to influence the outcome of an elective office or a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure.

(B)    A ballot measure committee, except an out-of-state committee, which receives or expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after receiving the contribution or making the expenditure. An out-of-state ballot measure committee which expends more than two thousand five hundred dollars in the aggregate during an election cycle to influence the outcome of a ballot measure must file a statement of organization with the State Ethics Commission no later than five days after making the expenditure."

SECTION    19.    Section 8-13-1306 of the 1976 Code is amended to read:

"Section 8-13-1306.    (A)    The statement of organization of a committee or a ballot measure committee must include:

(1)    the full name of the committee or ballot measure committee;

(2)    the complete address and telephone number of the committee or ballot measure committee;

(3)    the date the committee or ballot measure committee was organized;

(4)    a summary of the purpose of the committee or ballot measure committee;

(5)    the name and address of a corporation or an organization that sponsors the committee or ballot measure committee or is affiliated with the committee or ballot measure committee. If the committee or ballot measure committee is not sponsored by or affiliated with a corporation or an organization, the committee or ballot measure committee must specify the trade, profession, or primary interest of contributors to the committee or ballot measure committee;

(6)    the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;

(7)    the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if other than the custodian is not one of the designated officers;

(8)    the full name and address of the depository in which the committee or ballot measure committee maintains its campaign account and the number of the account; and

(9)    a certification of the statement by the chairman and the treasurer.

(B)    The name of the committee or ballot measure 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 commonly is known or clearly recognized by the general public.

(C)    The chairman must notify the State Ethics Commission in writing of a change in information previously reported in a statement of organization no later than ten business days after the change."

SECTION    20.    Section 8-13-1308(A) of the 1976 Code is amended to read:

"(A)    Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, of five hundred dollars or more, a candidate or committee required to file a statement of organization pursuant to Section 8-13-1304(A) must file an initial certified campaign report within ten days of these initial receipts or expenditures. However, a candidate or a committee that who does not receive or expend campaign contributions totaling, in an accumulated aggregate, of five hundred dollars or more must file an initial certified campaign report fifteen days before an election. In addition to the mandatory requirements of Section 8-13-365(B), any candidate or committee may file electronically."

SECTION    21.    Section 8-13-1308(D)(1) of the 1976 Code is amended to read:

"(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 which itemizes all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request."

SECTION    22.    Section 8-13-1308(F)(2) of the 1976 Code is amended to read:

"(2) the name and address of each person making a contribution of more than one hundred dollars and the amount of and date of receipt of each contribution;

SECTION    23.    Section 8-13-1308 of the 1976 Code is amended by adding a new subsection to read:

"(G)    Notwithstanding any other reporting requirements in this chapter, a political party, legislative caucus committee, or a party committee must file a certified campaign report upon the receipt of anything of value which totals in the aggregate five hundred dollars or more. For purposes of this section, 'anything of value' includes, but is not limited to, a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind donation or expenditure, a deposit of money, or a pledge or promise of any of the foregoing which may be or is used for the payment of operation expenses of a political party, legislative caucus committee, or a party committee. A political party must also comply with the reporting requirements of subsections (B), (C), and (F) of Section 8-13-1308 in the same manner as a candidate or committee."

SECTION    24.    The 1976 Code is amended by adding:

"Section 8-13-1309.    (A)    Upon the receipt or expenditure of campaign contributions or the making of independent expenditures totaling, in an accumulated aggregate, two thousand five hundred dollars or more, a ballot measure committee required to file a statement of organization pursuant to Section 8-13-1304(B) must file an initial certified campaign report within ten days of these initial receipts or expenditures.

(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 a ballot measure election until the campaign account undergoes final disbursement pursuant to the provisions of Section 8-13-1370(C).

(C)    At least fifteen days before a ballot measure election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the ballot measure committee for the period ending twenty days before the ballot measure election. The ballot measure committee must maintain a current list during the period before the ballot measure 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.

(D)    Notwithstanding the provisions of subsections (B) and (C), if a pre-election campaign report provided for in subsection (C) is required to be filed within thirty days of the end of the prior quarter, a ballot measure 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 (C) no later than fifteen days before the ballot measure election.

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

(1)    the total of contributions accepted by the ballot measure committee;

(2)    the name and address of each person making a contribution of more than one hundred dollars and the amount and date of receipt of each contribution;

(3)    the total expenditures made by or on behalf of the ballot measure committee; and

(4)    the name and address of each person to whom an expenditure is made from campaign funds, including the date, amount, purpose, and beneficiary of the expenditure."

SECTION    25.    Section 8-13-1310 of the 1976 Code is amended to read:

"Section 8-13-1310.    (A)    All persons required to file certified campaign reports under this article must file those reports with the appropriate supervisory office.

(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.

(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.

(D)    As provided in Section 8-13-1372, the State Election Ethics Commission must review all statements forwarded to it by the State Ethics Commission for inadvertent and unintentional errors or omissions."

SECTION    26.    Section 8-13-1314 of the 1976 Code is amended to read:

"Section 8-13-1314.    (A)    Within an election cycle, no candidate or anyone acting on his behalf may solicit or accept:

(1)    a contribution made or offered by any entity or source except an individual or person, a committee, or a business and any such contribution shall not which exceed exceeds:

(a)    three one thousand five hundred dollars in the case of a candidate for statewide office; or

(b)    one thousand five hundred dollars in the case of a candidate for any other office;

(2)    a cash contribution from an individual unless the cash contribution does not exceed twenty-five dollars and is accompanied by a record of the amount of the contribution and the name and address of the contributor;

(3)    a contribution made or offered directly or indirectly from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election;

(4)    contributions for two elective offices simultaneously, except as provided in Section 8-13-1318.

(B)    The restrictions on contributions in subsections (A)(1) and (A)(2) do not apply to a candidate making a contribution to his own campaign."

SECTION    27.    Section 8-13-1316 of the 1976 Code is amended to read:

"Section 8-13-1316.    (A)    Within an election cycle, a candidate may not accept or receive contributions from a political party through its party committees or legislative caucus committees, and a political party through its party committees or legislative caucus committees may not individually or in combination give to a candidate contributions which total in the aggregate more than:

(1)    fifty twenty-five thousand dollars in the case of a candidate for statewide office;

(2)    five thousand twenty-five hundred dollars in the case of a candidate for any other office.

(B)    Party expenditures for partisan multi-candidate promotions for four or more candidates, including candidates for the United States Senate or the United States House of Representatives, where each candidate receives substantially equal treatment both in terms of time or length discussed and prominence in presentation, shall not be included in the contribution limits under subsection (A). However, multi-candidate promotional expenditures are limited to:

(1)    the operation of telephone banks;

(2)    the preparation, mailing, and distribution of campaign materials including newspaper, television, and radio advertisements; or

(3)    voter registration and ballot information. The recipient of a contribution given in violation of subsection (A) may not keep the contribution, but within seven days must remit the contribution to the Children's Trust Fund."

SECTION    28.    Section 8-13-1322(A) of the 1976 Code is amended to read:

"(A)    A person may not contribute to a committee or ballot measure committee and a committee or ballot measure committee may not accept, directly or indirectly, from a person, contributions aggregating more than three one thousand five hundred dollars in a calendar year. No contribution may be made to or solicited by a committee or ballot measure committee by or from a registered lobbyist, either directly or indirectly."

SECTION    29.    Section 8-13-1324 of the 1976 Code is amended to read:

"Section 8-13-1324.    (A)    A person may not make an anonymous contribution to a candidate, or committee, or ballot measure committee, and a candidate, or committee, or ballot measure committee may not accept an anonymous contribution from an individual except at a ticketed event where food or beverages are served or where political merchandise is distributed and where the price of the ticket is twenty-five dollars or less and goes toward defraying the cost of food, beverages, or political merchandise in whole or in part.

(B)    The recipient of an anonymous contribution given in violation of subsection (A) or the recipient of any other anonymous contribution may not keep the contribution but within seven days must remit the contribution to the Children's Trust Fund."

SECTION    30.    Section 8-13-1332 of the 1976 Code is amended to read:

"Section 8-13-1332.    It is unlawful for:

(1)    a committee or ballot measure committee to make a contribution or expenditure by using:

(a)    anything of value secured by physical force, job discrimination, financial reprisals, or threat of the same; or

(b)    dues, fees, or other monies required as a condition of membership in a labor organization, or as a condition of employment; or

(c)    monies obtained by the committee or the ballot measure committee in a commercial transaction;

(2)    a person to solicit an employee for a contribution and fail to inform the employee of the political purposes of the committee or ballot measure 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; and

(3)    a corporation or committee of a corporation to solicit contributions to the corporation or committee from a person other than its shareholders, directors, executive or administrative personnel, and their families;

(4)    an organization or committee of an organization to solicit contributions to the organization or committee from a person other than its members and their families."

SECTION    31.    Section 8-13-1348(A) of the 1976 Code is amended to read:

"(A)    No candidate, committee, public official, or political party, or ballot measure committee may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder; nor may these funds be converted to personal use. The prohibition of this subsection does not extend to the incidental personal use of campaign materials or equipment nor to an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office."

SECTION    32.    Section 8-13-1366 of the 1976 Code is amended to read:

"Section 8-13-1366.    Certified campaign reports must be made available for public inspection at the office of the State Ethics Commission, the State Election Commission, the Senate Ethics Committee, the House of Representatives Ethics Committee, and the county clerk of court within two business days of receipt. The commissions commission, ethics committees, and county clerks of court may shall not require any information or identification as a condition of viewing a report or reports. The commissions commission, ethics committees, and the county clerks of court shall must ensure that the reports are available for copying or purchase at a reasonable cost."

SECTION    33.    Section 8-13-1368 of the 1976 Code is amended to read:

"Section 8-13-1368.    (A)    A candidate is not exempt from the campaign filing requirements as provided in this article until after an election in which the candidate is a candidate or is defeated and after the candidate no longer accepts contributions, incurs expenditures, or pays for expenditures incurred.     (B)    Committees or ballot measure committees may dissolve only after no longer accepting contributions, incurring expenditures, or paying for expenditures incurred.

(C)    If a committee or a ballot measure committee owes or is owed money, the committee or a ballot measure committee may dissolve, but must report the status of the debt annually on the same schedule as active committees or active ballot measure committees until all debts are resolved. The method of resolution to eliminate these debts, including contributions accepted and payment for expenditures incurred, must be stated on the report.

(D)    A final report may be filed at the time or before a scheduled filing is due. The form must be marked 'final' and include a list of the material assets worth one hundred dollars or more and state their disposition."

SECTION    34.    Section 8-13-1370(C) of the 1976 Code is amended to read:

"(C)    A committee or ballot measure committee required to file reports under this article which has an unexpended balance of funds upon final disbursement not otherwise obligated for expenditures incurred to further the committee's or ballot measure committee's purposes must designate how the surplus funds are to be distributed. The surplus funds must be:

(1)    contributed to the state's State's general fund;

(2)    returned pro rata to all contributors;

(3)    (a)    if a committee, contributed to a political party or to another committee; or

(b)    if a ballot measure committee, contributed to another ballot measure committee;

(4)    contributed to an organization exempt from tax under Section 501(c)(3) of the Internal Revenue Code of 1986; or

(5)    distributed using a combination of these options."

SECTION    35.    Section 8-13-1372 of the 1976 Code is amended to read:

"Section 8-13-1372.    (A)    The State Election Ethics Commission, in its discretion, may determine that errors or omissions on campaign reports are inadvertent and unintentional and not an effort to violate a requirement of this chapter and may be handled as technical violations which are not subject to the provisions of this chapter pertaining to ethical violations. Technical violations must remain confidential unless requested to be made public by the candidate filing the report. In lieu of all other penalties, the State Election Ethics Commission may assess a technical violations penalty not to exceed fifty dollars.     (B)    A violation, other than an inadvertent or unintentional violation, must be referred to the appropriate supervisory office for appropriate action."

SECTION    36.    The 1976 Code is amended by adding:

"Section 8-13-1373.    If the Attorney General, after request by the State or any of its political subdivisions, refuses to defend an action brought in a court of competent jurisdiction challenging any provision of this chapter, the Budget and Control Board in consultation with the President Pro Tempore of the Senate and the Speaker of the House, using funds appropriated to it, must defend the action brought against the State or its political subdivision."

SECTION    37.    Section 8-13-1510 of the 1976 Code is amended to read:

"Section 8-13-1510.    Except as otherwise specifically provided in this chapter, a person required to file a report or statement under this chapter who files a late statement or report or fails to file a required statement or report must be assessed a civil penalty as follows:

(1)    a fine of one hundred dollars if the statement or report is not filed within five days after the established deadline provided by law in this chapter; or

(2)    after notice has been given by certified or registered mail that a required statement or report has not been filed, a fine of ten fifty dollars a day for each additional calendar day in which the required statement is not filed, not exceeding five hundred dollars."

SECTION    38.    Section 8-13-1520 of the 1976 Code is amended to read:

"Section 8-13-1520.    (A)    Except as otherwise specifically provided in this chapter, a person who violates any provision of this chapter 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. A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560.

(B)    Except as otherwise specifically provided for in Article 13 of this chapter, a person who violates any provision of Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.

(C)    A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560."

SECTION    39.    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 the 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, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    40.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    41.    This act takes effect upon approval by the Governor except that Sections 9, 10, 13-24, 26-31, 33, and 34 of this act takes effect January 1, 2004, and govern only transactions which take place after December 31, 2003.

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This web page was last updated on Monday, December 7, 2009 at 10:17 A.M.