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H. 3407
STATUS INFORMATION
General Bill
Sponsors: Rep. Bernstein
Document Path: l:\council\bills\ggs\22506zw13.docx
Companion/Similar bill(s): 13, 347
Introduced in the House on January 23, 2013
Currently residing in the House Committee on Judiciary
Summary: Political action committee
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/23/2013 House Introduced and read first time (House Journal-page 39)
1/23/2013 House Recommitted to Committee on Judiciary
(House Journal-page 39)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1339 SO AS TO PROHIBIT A POLITICAL ACTION COMMITTEE ORGANIZED BY OR ON BEHALF OF A STATEWIDE CONSTITUTIONAL OFFICER, A MEMBER OF THE GENERAL ASSEMBLY, AND CERTAIN GUBERNATORIAL APPOINTEES; TO AMEND SECTION 8-13-100, AS AMENDED, RELATING TO THE DEFINITIONS APPLICABLE TO THE GENERAL PROVISIONS OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO ELIMINATE THE DEFINITION OF "APPROPRIATE SUPERVISORY OFFICE"; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS, STAFF, AND CANDIDATES FOR THE GENERAL ASSEMBLY WITHIN THE JURISDICTION OF THE STATE ETHICS COMMISSION; TO AMEND SECTION 8-13-755, RELATING TO THE RESTRICTIONS ON FORMER PUBLIC OFFICIALS, MEMBERS, OR EMPLOYEES SERVING AS A LOBBYIST OR ACCEPTING EMPLOYMENT IN A FIELD OF FORMER SERVICE, SO AS INCREASE THE DURATIONAL LIMITATION FROM ONE TO FIVE YEARS; TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF A PERSON'S STATEMENT OF ECONOMIC INTERESTS, SO AS TO PROVIDE FOR CERTAIN OTHER DISCLOSURES WHICH MUST BE MADE BY A FILER ON HIS STATEMENT OF ECONOMIC INTERESTS; TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO THE DEFINITIONS APPLICABLE TO THE CAMPAIGN PRACTICES PROVISIONS OF THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT, SO AS TO ELIMINATE THE DEFINITION OF "APPROPRIATE SUPERVISORY OFFICE"; TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THE SUBMISSION OF RECEIPTS FOR ALL CAMPAIGN EXPENDITURES REQUIRED TO BE DISCLOSED ON A CERTIFIED CAMPAIGN REPORT, AND TO REQUIRE CANDIDATES FOR STATEWIDE OFFICE OR FOR THE GENERAL ASSEMBLY TO REPORT CAMPAIGN CONTRIBUTIONS RECEIVED DURING THE MONTH OF OCTOBER ONLINE WITHIN FIVE DAYS AFTER RECEIPT; AND TO REPEAL SECTIONS 8-13-530, 8-13-540, AND 8-13-550 ALL RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 13, Title 8 of 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, another statewide constitutional officer, a member of the General Assembly, or a director or deputy director of a state department appointed by the Governor is prohibited. A political action committee prohibited by this section in existence on the effective date of this act must distribute all unexpended contributions pursuant to Section 8-13-1370(C). A political action committee does not include a candidate committee."
SECTION 2. Section 8-13-100 of the 1976 Code, as last amended by Act 40 of 2011, is further amended to read:
"Section 8-13-100. As used in Articles 1 through 11:
(1)(a) 'Anything of value' or 'thing of value' means:
(i) a pecuniary item, including money, a bank bill, or a bank note;
(ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;
(iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;
(iv) a stock, bond, note, or other investment interest in an entity;
(v) a receipt given for the payment of money or other property;
(vi) a chose-in-action;
(vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;
(viii) a loan or forgiveness of indebtedness;
(ix) a work of art, an antique, or a collectible;
(x) an automobile or other means of personal transportation;
(xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;
(xii) an honorarium or compensation for services;
(xiii) a promise or offer of employment;
(xiv) any other item that is of pecuniary or compensatory worth to a person.
(b) 'Anything of value' or 'thing of value' does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value;
(ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college;
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee; or
(vii) a campaign contribution properly received and reported under the provisions of this chapter.
(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.
(3) 'Business' means a corporation, partnership, proprietorship, firm, an enterprise, a franchise, an association, organization, or a self-employed individual.
(4)(3) 'Business with which he is associated' means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class.
(5)(4) '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.
(6)(5) 'Compensation' means money, anything of value, an in-kind contribution or expenditure, or economic benefit conferred on or received by a person.
(7)(6) 'Confidential information' means information, whether transmitted orally or in writing, which is obtained by reason of the public position or office held and is of sucha nature that it is not, at the time of transmission, a matter of public record or public knowledge.
(8)(7) 'Consultant' means a person, other than a public official, public member, or public employee who contracts with the State, county, municipality, or a political subdivision thereofof them to:
(a) evaluate bids for public contracts, or
(b) award public contracts.
(9)(8) '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, as defined in Section 8-13-1300(6)(5), for the purpose of influencing 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.
(10)(9) 'Corporation' means an entity organized in the corporate form under federal law or the laws of anya state.
(11)(10)(a) 'Economic interest' means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a public official, public member, or public employee may gain an economic benefit of fifty dollars or more.
(b) This definition does not prohibit a public official, public member, or public employee from participating in, voting on, or influencing or attempting to influence an official decision if the only economic interest or reasonably foreseeable benefit that may accrue to the public official, public member, or public employee is incidental to the public official's, public member's, or public employee's position or which accrues to the public official, public member, or public employee as a member of a profession, occupation, or large class to no greater extent than the economic interest or potential benefit could reasonably be foreseen to accrue to all other members of the profession, occupation, or large class.
(12)(11) '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.
(13)(12) 'Elective office' means an office at the state, county, municipal, or political subdivision level. For the purposes of Articles 1 through 11, the term 'elective office' does not include an office under the unified judicial system except that for purposes of campaign practices, campaign disclosure, and disclosure of economic interests, 'elective office' includes the office of probate judge.
(14)(13) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, a gift of money, or anything of value for any purpose.
(15)(14) 'Family member' means an individual who is:
(a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild;
(b) a member of the individual's immediate family.
(16)(15) 'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given or paid to a public official, public member, or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. A gift does not include campaign contributions accepted pursuant to this chapter.
(17)(16) 'Governmental entity' means the State, a county, municipality, or political subdivision thereofof them with which a public official, public member, or public employee is associated or employed. 'Governmental entity' also means anya charitable organization or foundation, but not an athletic organization or athletic foundation, which is associated with a state educational institution and which is organized to raise funds for the academic, educational, research, or building programs of a college or university.
(18)(17) 'Immediate family' means:
(a) a child residing in a candidate's, public official's, public member's, or public employee's household;
(b) a spouse of a candidate, public official, public member, or public employee; or
(c) an individual claimed by the candidate, public official, public member, or public employee or the candidate's, public official's, public member's, or public employee's spouse as a dependent for income tax purposes.
(19)(18) 'Income' means the receipt or promise of any consideration, whether or not legally enforceable.
(20)(19) 'Individual' means one human being.
(21)(20) 'Individual with whom he is associated' means an individual with whom the person or a member of his immediate family mutually has an interest in anya business of which the person or a member of his immediate family is a director, officer, owner, employee, compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of any class.
(22)(21) 'Loan' means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part.
(23)(22) 'Official responsibility' means the direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates, to approve, disapprove, or otherwise direct government action.
(24)(23) 'Person' means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any otheranother organization or group of persons acting in concert.
(25)(24) 'Public employee' means a person employed by the State, a county, a municipality, or a political subdivision thereofof them.
(26)(25) 'Public member' means an individual appointed to a noncompensated part-time position on a board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services.
(27)(26) 'Public official' means an elected or appointed official of the State, a county, a municipality, or a political subdivision thereofof them, including candidates for the office. 'Public official' does not mean a member of the judiciary except that for the purposes of campaign practices, campaign disclosure, and disclosure of economic interests, a probate judge is considered a public official and must meet the requirements of this chapter.
(28)(27) 'Represent' or 'representation' means making an appearance, whether gratuitous or for compensation, before a state agency, office, department, division, bureau, board, commission, or council, including the General Assembly, or before a local or regional government office, department, division, bureau, board, or commission.
(29)(28) 'Substantial monetary value' means a monetary value of five hundred dollars or more.
(30)(29) 'Official capacity' means activities which:
(a) arise because of the position held by the public official, public member, or public employee;
(b) involve matters whichthat 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.
(31)(30) 'State board, commission, or council' means an agency created by legislation whichthat has statewide jurisdiction and which exercises some of the sovereign power of the State."
SECTION 3. Section 8-13-320(9) of the 1976 Code, as last amended by 245 of 2008, 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 including 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 A 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.
(a) The commission may commence an investigation on the filing of a complaint by an individual or by the commission, as provided in item (10)(d), upon a majority vote of the total membership of the commission.
(b)(1) No A complaint may not be accepted by the commission concerning a candidate for elective office during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any a 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 must 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 a party to the proceeding from any a penalty prescribed for violations of this chapter. The court must award reasonable attorneys 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.
(2) Action on a complaint filed against a candidate, which was received more than fifty days before the election, 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.
(c) If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice.
(d) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that a violation of this chapter has occurred;"
SECTION 4. Section 8-13-755 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-755. A former public official, former public member, or former public employee holding public office, membership, or employment on or after January 1, 1992, may not for a period of one yearfive years after terminating his public service or employment:
(1) serve as a lobbyist or represent clients before the agency or department on which he formerly served in a matter whichthat he directly and substantially participated during his public service or employment; or
(2) accept employment if the employment:
(a) is from a person who is regulated by the agency or department on which the former public official, former public member, or former public employee served or was employed; and
(b) involves a matter in which the former public official, former public member, or former public employee directly and substantially participated during his public service or public employment."
SECTION 5. Section 8-13-1120 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1120. (A) A statement of economic interests filed pursuant to Section 8-13-1110 must be on forms prescribed by the State Ethics Commission and must contain full and complete information concerning:
(1) the name, business or government address, and workplace telephone number of the filer;
(2) the source, type, and amount or value of income, not to include tax refunds, of substantial monetary value received from a governmental entity by the filer or a member of the filer's immediate family during the reporting period. The term 'governmental entity' for purposes of this item includes not only South Carolina sources of income from those sources enumerated in Section 8-13-100(16), but also from any other governmental source, including the federal government;
(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;
(5) the identity of every business or entity in which the filer or a member of the filer's immediate family held or controlled, in the aggregate, securities or interests constituting five percent or more of the total issued and outstanding securities and interests which constitute a value of one hundred thousand dollars or more;
(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:
(i) the debt is promised or loaned by a bank, savings and loan, or other licensed financial institution which loans money in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official, public member, or public employee; or
(ii) the debt is promised or loaned by an individual's family member if the person who promises or makes the loan is not acting as the agent or intermediary for someone other than a person named in this subitem; and
(b) the rate of interest charged the filer or a member of the filer's immediate family for a debt required to be reported in (a); .
If a discharge of a debt required to be reported in (a) has been made, the date of the transaction must be shown.
(7) the name of any lobbyist, as defined in Section 2-17-10(13) who is:
(a) an immediate family member of the filer;
(b) an individual with whom or business with which the filer or a member of the filer's immediate family is associated;
(8) if a public official, public member, or public employee receives compensation from an individual or business which contracts with the governmental entity with which the public official, public member, or public employee serves or is employed, the public official, public member, or public employee must report the name and address of that individual or business and the amount of compensation paid to the public official, public member, or public employee by that individual or business;
(9) the source and a brief description of any gifts, including transportation, lodging, food, or entertainment received during the preceding calendar year from:
(a) a person, if there is reason to believe the donor would not give the gift, gratuity, or favor but for the official's or employee's office or position; or
(b) a person, or from an officer or director of a person, if the public official or public employee has reason to believe the person:
(i) has or is seeking to obtain contractual or other business or financial relationship with the official's or employee's agency; or
(ii) conducts operations or activities which are regulated by the official's or employee's agency if the value of the gift is twenty-five dollars or more in a day or if the value totals, in the aggregate, two hundred dollars or more in a calendar year;
(10) goods, services, gifts, or remuneration received from or provided to the principal of a registered lobbyist during the preceding calendar year of a value of twenty-five dollars or more in a day or a value in the aggregate of two hundred dollars or more in a calendar year;
(11) goods, services, gifts, or remuneration received from or provided to a vendor who holds one or more contracts with the State of South Carolina or any of its agencies or departments during the preceding calendar year of a value of twenty-five dollars or more in a day or a value in the aggregate of two hundred dollars or more in a calendar year;
(12) any contractual, employment, or other relationship during the preceding calendar year an elected public official has with the employer of an appointed member of a state board, commission, committee, or entity, and any income or other remuneration received therefrom.
The requirements of items (10) through (12) of this subsection include the name, address, and telephone number of the applicable entities, vendors, or employers.
(B) This article does not require the disclosure of economic interests information concerning:
(1) a spouse separated pursuant to a court order from the public official, public member, or public employee;
(2) a former spouse;
(3) a campaign contribution that is permitted and reported under Article 13 of this chapter; or
(4) matters determined to require confidentiality pursuant to Section 2-17-90(E)."
SECTION 6. Section 8-13-1300 of the 1976 Code, as last amended by Act 245 of 2008, is further amended to read:
"Section 8-13-1300. As used in this article:
(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.
(2) 'Ballot measure' means a referendum, proposition, or measure submitted to voters for their approval.
(3)(2) 'Business' means a corporation, partnership, proprietorship, firm, an enterprise, a franchise, an association, organization, or a self-employed individual.
(4)(3) 'Candidate' means:
(a) 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;
(b) a person who is exploring whether or not to seek election at the state or local level; or
(c) a person on whose behalf write-in votes are solicited if the person has knowledge of suchthe solicitation.
'Candidate' does not include a candidate within the meaning of Section 431(b) of the Federal Election Campaign Act of 1976.
(5)(4) 'Charitable organization' means an organization described in Title 26, Section 170(c) of the United States Code as it currently exists or as it may be amended.
(6)(5) 'Committee' means an association, a club, an organization, or a group of persons which, to influence the outcome of an elective office, receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. It also means a person who, to influence the outcome of an elective office, makes:
(a) contributions aggregating at least twenty-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.
(7)(6) '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:
(a) volunteer personal services on behalf of a candidate or committee for which the volunteer, or anya 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; or
(b) 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 committee, other than a candidate committee, and is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c)item 30(c). These funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312.
(8)(7) 'Corporation' means an entity organized in the corporate form under federal law or the laws of anya state.
(9)(8) '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.
(10)(9) 'Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply.
(11)(10) 'Elective office' means an office at the state, county, municipal or political subdivision level. For the purposes of this article, the term 'elective office' does not include an office under the unified judicial system except for purposes of campaign practices, campaign disclosure, and disclosure of economic interests. 'Elective office' includes the office of probate judge.
(12)(11) 'Expenditure' means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money, or anything of value for any purpose.
(13)(12) 'Expenditures incurred' means an amount owed to a creditor for purchase of delivered goods or completed services.
(14)(13) 'Family member' means an individual who is:
(a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or
(b) a member of the individual's immediate family.
(15)(14) 'Gift' means anything of value, including entertainment, food, beverage, travel, and lodging given for pay to a public official or public employee to the extent that consideration of equal or greater value is not received. A gift includes a rebate or discount on the price of anything of value unless it is made in the ordinary course of business without regard to that person's status. A gift does not include campaign contributions accepted pursuant to this article.
(16)(15) 'Immediate family' means:
(a) a child residing in a candidate's, public official's, public member's, or public employee's household;
(b) a spouse of a candidate, public official, public member, or public employee; or
(c) an individual claimed by the candidate, public official, public member, or public employee or the candidate's, public official's, public member's, or public employee's spouse as a dependent for income tax purposes.
(17)(16) '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 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.
(18)(17) 'Individual' means one human being.
(19)(18) 'Individual with whom he is associated' means an individual with whom the person or a member of his immediate family mutually has an interest in a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock worth one hundred thousand dollars or more at fair market value and which constitutes five percent or more of the total outstanding stock of anya class.
(20)(19) 'In-kind contribution or expenditure' means goods or services which are provided to or by a person at no charge or for less than their fair market value.
(21)(20) 'Legislative caucus committee' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender; however, each house may establish only one committee for each political, racial, ethnic, or gender-based affinity;
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender;
(c) 'legislative caucus committee' does not include a 'legislative special interest caucus' as defined in Section 2-17-10(21).
(22)(21) 'Loan' means a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or in part.
(23)(22) '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.
(24)(23) 'Party committee' means a committee established by a political party.
(25)(24) 'Person' means an individual, a proprietorship, firm, partnership, joint venture, joint stock company, syndicate, business trust, an estate, a company, committee, an association, a corporation, club, labor organization, or any otheranother organization or group of persons acting in concert.
(26)(25) 'Political party' means an association, a committee, or an organization whichthat nominates a candidate whose name appears on the election ballot as the candidate of that association, committee, or organization.
(27)(26) 'Public employee' means a person employed by the State, a county, a municipality, or a political subdivision thereofof them.
(28)(27) 'Public official' means an elected or appointed official of the State, a county, a municipality or a political subdivision thereofof them, including candidates for the office. However, 'public official' does not mean a member of the judiciary except for purposes of campaign financing. A probate judge is considered a public official and must meet the requirements of this article.
(29)(28) 'Statewide office' means an elective office other than a federal office eligible to be voted upon by all electors of the State.
(30)(29) 'Transfer' means the movement or exchange of funds or anything of value between committees and candidates except the disposition of surplus funds or material assets by a candidate to a party committee, as provided in this article.
(31)(30) 'Influence the outcome of an elective office' means:
(a) expressly 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';
(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!'; or
(c) anya communication made, not more than forty-five days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, 'communication' means:
(i) anya paid advertisement or purchased program time broadcast over television or radio;
(ii) anya paid message conveyed through telephone banks, direct mail, or electronic mail; or
(iii) anya paid advertisement that costs more than five thousand dollars thatwhich is conveyed through a communication medium other than those set forth in subsections subsubitems (i) or (ii) of this paragraph. 'Communication' does not include news, commentary, or editorial programming or article, or communication to an organization's own members.
(32)(31) '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 fifty 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.
(33)(32) '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 otheranother agent of a candidate; or
(d) anya combination of these concerning, but not limited to, a political communication's:
(1)(i) 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)(ii) timing, including the proximity to general or primary elections, proximity to other political communications, and proximity to other campaign events;
(3)(iii) location, including the proximity to other political communications, or geographical targeting, or both;
(4)(iv) mode, including the medium (mediums of phone, broadcast, print, etc.)and other forms of the communication;
(5)(v) intended audience, including the demographic or political targeting, or geographical targeting; and
(6)(vi) volume, including the amount, frequency, or size of the political communication.
(34)(33) 'Operation expenses' means expenditures for salaries and/orand fringe benefits for part-time, full-time, temporary and/orand contract employees; meeting expenses, travel, utilities, communications and/oror communications equipment whether leased or purchased, printing or printing services, postage, food and/orand beverage, advertising, consulting services, and/or any or other expenditures whichthat are not an authorized contributioncontributions to a candidate, committee, or ballot measure committee."
SECTION 7. Section 8-13-1308(F) of the 1976 Code, as last amended by Act 76 of 2003, is further 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; and
(5) copies of receipts for all campaign expenditures, including reimbursements, which are required to be disclosed pursuant to this section."
SECTION 8. Section 8-13-1308 of the 1976 Code, as last amended by Act 245 of 2008, is further amended by adding at the end to read:
"(I) Notwithstanding another provision of law, during the month of October of each election year, candidates for statewide office or for the General Assembly shall report campaign contributions online no later than seventy-two hours after receipt. The State Ethics Commission shall provide a website where candidates may file and the public may inspect contributions reported pursuant to this section."
SECTION 9. Sections 8-13-530, 8-13-540, and 8-13-550 of the 1976 Code are repealed.
SECTION 10. The Code Commissioner is directed to change all references in Chapter 13, Title 8 of the 1976 Code from 'appropriate supervisory office' to 'State Ethics Commission'.
SECTION 11. This act takes effect upon approval by the Governor, except for SECTIONS 2, 3, 6, 9 and 10 that take effect upon ratification of an amendment to Section 12, Article III of the Constitution of this State, providing that supervision of ethical conduct by members of the General Assembly, including the authority to discipline members, is vested in the state agency charged by law with investigating, enforcing, and adjudicating allegations of ethical misconduct.
This web page was last updated on March 5, 2013 at 4:54 PM