Download This Bill in Microsoft Word format
A245, R285, S1085
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell and Hayes
Document Path: l:\s-res\gfm\008ethi.dag.doc
Introduced in the Senate on February 7, 2008
Introduced in the House on April 10, 2008
Last Amended on April 2, 2008
Passed by the General Assembly on May 14, 2008
Governor's Action: May 28, 2008, Vetoed
Legislative veto action(s): Veto overridden
Summary: Legislative staff
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
2/7/2008 Senate Introduced and read first time SJ-4
2/7/2008 Senate Referred to Committee on Judiciary SJ-4
2/11/2008 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie,
Scott, Ceips
3/26/2008 Senate Committee report: Favorable with amendment Judiciary
SJ-14
3/27/2008 Scrivener's error corrected
4/1/2008 Senate Committee Amendment Adopted SJ-27
4/2/2008 Senate Amended SJ-18
4/2/2008 Senate Read second time SJ-18
4/3/2008 Scrivener's error corrected
4/9/2008 Senate Read third time and sent to House SJ-80
4/10/2008 House Introduced and read first time HJ-21
4/10/2008 House Referred to Committee on Judiciary HJ-22
5/7/2008 House Committee report: Favorable Judiciary HJ-29
5/13/2008 House Read second time HJ-18
5/14/2008 House Read third time and enrolled HJ-12
5/22/2008 Ratified R 285
5/28/2008 Vetoed by Governor
5/29/2008 Senate Veto overridden by originating body Yeas-43 Nays-0
5/29/2008 House Veto overridden Yeas-107 Nays-0 HJ-107
6/4/2008 Copies available
6/4/2008 Effective date 05/29/08
6/13/2008 Act No. 245
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/7/2008
3/26/2008
3/27/2008
4/1/2008
4/2/2008
4/3/2008
5/7/2008
(A245, R285, S1085)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1331 SO AS TO PROVIDE A CORPORATION OR COMMITTEE OF A CORPORATION MAY SOLICIT CONTRIBUTIONS FROM ITS SHAREHOLDERS AND EXECUTIVE OR ADMINISTRATIVE PERSONNEL AND FAMILY MEMBERS OF PERSONNEL OF THE CORPORATION OR ITS SUBSIDIARIES, BRANCHES, AND DIVISIONS, AMONG OTHER THINGS; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE EXEMPT SENATE AND HOUSE OF REPRESENTATIVES STAFF MEMBERS FROM CERTAIN INVESTIGATORY POWERS OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO CERTAIN DEFINITIONS RELATED TO CAMPAIGN PRACTICES, SO AS TO PROVIDE THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY SENATE STAFF MEMBERS IS THE SENATE ETHICS COMMITTEE AND THE APPROPRIATE SUPERVISORY OFFICE FOR THE FILING OF CERTAIN ETHICS AND ACCOUNTABILITY REPORTS BY HOUSE OF REPRESENTATIVES STAFF MEMBERS IS THE HOUSE OF REPRESENTATIVES ETHICS COMMITTEE; TO AMEND SECTION 8-13-530, AS AMENDED, RELATING TO ADDITIONAL POWERS AND DUTIES OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE LEGISLATIVE STAFF; TO AMEND SECTION 8-13-1306, AS AMENDED, RELATING TO THE REQUIREMENTS OF A STATEMENT OF ORGANIZATION OF A COMMITTEE OR BALLOT MEASURE COMMITTEE, SO AS TO PROVIDE THESE STATEMENTS MUST INCLUDE THE NAME AND ADDRESS OF SPECIFIC AFFILIATED COMMITTEES; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO PROVIDE A COMMITTEE OF A CORPORATION THAT SOLICITS CONTRIBUTIONS PURSUANT TO SECTION 8-13-1331 MUST CERTIFY COMPLIANCE WITH THAT SECTION ON A FORM PROVIDED BY THE STATE ETHICS COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Ethics and government accountability, definitions
SECTION 1. Section 8-13-100(2) of the 1976 Code is amended to read:
"(2) 'Appropriate supervisory office' means:
(a) the State Ethics Commission for all persons required to file reports under this chapter except for those members of or candidates for the office of State Senator or State Representative;
(b) the Senate Ethics Committee for members or staff, including staff elected to serve as officers of or candidates for the office of State Senator; and
(c) the House of Representatives Ethics Committee for members or staff, including staff elected to serve as officers of or candidates for the office of State Representative."
State Ethics Commission, duties and powers
SECTION 2. The first paragraph of Section 8-13-320(9) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(9) 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 or staff, including staff elected to serve as officers 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."
Campaign practices, definitions
SECTION 3. Section 8-13-1300(1) of the 1976 Code, as last amended by Act 344 of 2006, is further amended to read:
"(1) 'Appropriate supervisory office' means:
(a) the State Ethics Commission for all candidates for public office in this State except for members or staff, including staff elected to serve as officers of or candidates for the office of State Senator or State Representative;
(b) the Senate Ethics Committee for members or staff, including staff elected to serve as officers, of or candidates for the office of State Senator, and the House of Representatives Ethics Committee for members or staff, including staff elected to serve as officers of or candidates for the office of State Representative;
(c) the State Ethics Commission for all committees, except legislative caucus committees, supporting or opposing a ballot measure or supporting or opposing a candidate;
(d) the Senate Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the Senate, the House of Representatives Ethics Committee for all legislative caucus committees and legislative special interest caucuses affiliated with the House of Representatives, and both ethics committees for all legislative caucus committees and legislative special interest caucuses affiliated with both houses."
Senate and House of Representatives Ethics Committees, additional powers
SECTION 4. Section 8-13-530 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"Section 8-13-530. Each ethics committee shall:
(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;
(2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;
(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate, or staff for the appropriate house, misconduct of a member or staff of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2;
(4) receive and hear a complaint which alleges a breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member or staff of or candidate for the appropriate house, misconduct of a member or staff 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 during 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, or both. 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 attorney's fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) 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.
Action on a complaint filed against a member or candidate which was received more than fifty days before the election but 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;
(5) obtain information and investigate complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17 of Title 2 and to that end may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers;
(6) administer or recommend sanctions appropriate to a particular member or staff of or candidate for the appropriate house pursuant to Section 8-13-540 or dismiss the charges; and
(7) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house."
Certain solicitation of contributions by corporations from shareholders, executive personnel, and certain related corporate entities lawful
SECTION 5. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1331. Notwithstanding Section 8-13-1332(3), a corporation or committee of a corporation may solicit the shareholders and executive or administrative personnel of the corporation and its subsidiaries, branches, divisions, affiliates and their families. For purposes of this section, all committees established, financed, maintained, or controlled by the same corporation, including any direct or indirect parent, subsidiary, branch, or division thereof, are affiliated. With respect to a corporation or committee of a corporation that solicits contributions pursuant to this section, contributions made or received by affiliated committees are considered to be made or received by a single committee for purposes of contribution limits in Sections 8-13-1314 and 8-13-1322. A corporation or committee of a corporation that solicits contributions pursuant to this section must certify in the manner prescribed by Section 8-13-1308(H) that contributions made or received by the committee and its affiliated committees, if any, have complied with contribution limits in Sections 8-13-1314 and 8-13-1322 as if the committee and its affiliated committees, if any, were a single committee."
Contents of statement of organization
SECTION 6. Section 8-13-1306(A) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(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 name and address of affiliated committees, as defined in Section 8-13-1331;
(7) the full name, address, telephone number, occupation, and principal place of business of the chairman and treasurer of the committee or ballot measure committee;
(8) the full name, address, telephone number, occupation, and principal place of business of the custodian of the books and accounts, if the custodian is not one of the designated officers;
(9) 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
(10) a certification of the statement by the chairman and the treasurer."
Filing of certain campaign reports, committee soliciting certain contributions must certify compliance
SECTION 7. Section 8-13-1308 of the 1976 Code, as last amended by Act 76 of 2003, is further amended by adding subsection (H) at the end to read:
"(H) A committee that solicits contributions pursuant to Section 8-13-1331 must certify compliance with that section on a form prescribed by the State Ethics Commission."
Time effective
SECTION 8. This act takes effect upon approval by the Governor.
Ratified the 22nd day of May, 2008.
Vetoed by the Governor -- 5/28/08.
Veto overridden by Senate -- 5/29/08.
Veto overridden by House -- 5/29/08.
This web page was last updated on Monday, October 10, 2011 at 1:31 P.M.