South Carolina General Assembly
118th Session, 2009-2010

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S. 1390

STATUS INFORMATION

General Bill
Sponsors: Senator Peeler
Document Path: l:\s-res\hsp\012cauc.mrh.hsp.docx

Introduced in the Senate on April 27, 2010
Introduced in the House on May 4, 2010
Last Amended on April 29, 2010
Currently residing in the House Committee on Judiciary

Summary: Campaign report

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/27/2010  Senate  Introduced and read first time SJ-4
   4/27/2010  Senate  Referred to Committee on Judiciary SJ-4
   4/28/2010  Senate  Recalled from Committee on Judiciary SJ-12
   4/29/2010  Senate  Amended SJ-33
   4/29/2010  Senate  Read second time SJ-33
   4/29/2010  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-33
   4/30/2010  Senate  Read third time and sent to House SJ-1
    5/4/2010  House   Introduced and read first time HJ-31
    5/4/2010  House   Referred to Committee on Judiciary HJ-31

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/27/2010
4/28/2010
4/29/2010

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 29, 2010

S. 1390

Introduced by Senator Peeler

S. Printed 4/29/10--S.

Read the first time April 27, 2010.

            

A BILL

TO AMEND SECTION 8-13-1308, RELATING TO INFORMATION REGARDING EXPENDITURES THAT MUST BE CONTAINED IN A CERTIFIED CAMPAIGN REPORT, TO DELETE A REFERENCE TO CAMPAIGN FUNDS AND REQUIRE THAT ALL EXPENDITURES BE LISTED IN THE REPORT.

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

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

"(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 amount and 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."

SECTION    2.    The 1976 Code is amended by adding:

"Section 8-13-1339.    A political action committee organized by or on behalf of the Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor is prohibited. Any political action committee prohibited by this section in existence on the effective date of this act must distribute all unexpended contributions in the manner provided for in Section 8-13-1370(C). A political action committee does not include a candidate committee."

SECTION    3.    Section 8-13-1340 of the 1976 Code is amended to read:

"Section 8-13-1340.    (A)    Except as provided in subsections subsection (B) and (E), a candidate or public official shall not make a contribution to another candidate or make an independent expenditure on behalf of another candidate or public official from the candidate's or public official's campaign account or through a committee, except legislative caucus committees, directly or indirectly established, financed, maintained, or controlled by the candidate or public official.

(B)    This section does not prohibit a candidate from:

(1)    making a contribution from the candidate's own personal funds on behalf of the candidate's candidacy or to another candidate for a different office; or

(2)    providing the candidate's surplus funds or material assets upon final disbursement to a legislative caucus committee or party committee in accordance with the procedures for the final disbursement of a candidate under Section 8-13-1370 of this article.

(C)    Assets or funds which are the proceeds of a campaign contribution and which are held by or under the control of a public official or a candidate for public office on January 1, 1992, are considered to be funds held by a candidate and subject to subsection (A).

(D)    A committee is considered to be directly or indirectly established, financed, maintained, or controlled by a candidate or public official if any of the following are applicable:

(1)    the candidate or public official, or an agent of either, has signature authority on the committee's checks;

(2)    funds contributed or disbursed by the committee are authorized or approved by the candidate or public official;

(3)    the candidate or public official is clearly identified on either the stationery or letterhead of the committee;

(4)    the candidate or public official signs solicitation letters or other correspondence on behalf of the entity;

(5)    the candidate, public official, or his campaign staff, office staff, or immediate family members, or any other agent of either, has the authority to approve, alter, or veto the committee's solicitations, contributions, donations, disbursements, or contracts to make disbursements; or

(6)    the committee pays for travel by the candidate or public official, his campaign staff or office staff, or any other agent of the candidate or public official, in excess of one hundred dollars per calendar year.

(E)    The provisions of subsection (A) do not apply to a committee directly or indirectly established, financed, maintained, or controlled by a candidate or public official if the candidate or public official directly or indirectly establishes, finances, maintains, or controls only one committee in addition to any committee formed by the candidate or public official to solely promote his own candidacy and one legislative caucus committee.

(F)    No committee operating under the provisions of Section 8-13-1340(E) may:

(1)    solicit or accept a contribution from a registered lobbyist if that lobbyist engages in lobbying the public office or public body for which the candidate is seeking election; or

(2)    transfer anything of value to any other committee except as a contribution under the limitations of Section 8-13-1314(A) or the dissolution provisions of Section 8-13-1370."

SECTION 4. This act takes effect upon approval by the Governor.

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