Reference is to Printer's Date 4/28/16-H.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1313.
A person who is not a committee required to file subject
to Section 8-13-1304 and who makes an independent expenditure in
an aggregate amount or value in excess of five hundred dollars
during a calendar year or makes an electioneering communication
must file a report of the expenditure or communication with the
State Ethics Commission electronically in the manner prescribed
by the commission pursuant to Section 8-13-365 within thirty
days of the expenditure being made, or if the independent
expenditure or electioneering communication is made within
thirty days before an election, the report must be filed within
forty-eight hours of the expenditure being made. The report
must include:
(1) a detailed
description of the use of the expenditure or communication and
the amount of the expenditure or the cost of the communication;
(2) the full name,
primary occupation of the reporting person, as well as the
physical address and phone number for the residence or place of
business for the reporting person;
(3) the identification
of the chief executive officer or for all controlling
individuals if the reporting person is a business or another
organization that is not an individual, to include name, title,
employer, and address;
(4) the name of the
candidate or ballot measure that is the subject of the
independent expenditure or electioneering communication and
whether the expenditure or communication was made in support of,
or opposition to, the candidate or ballot measure;
(5) the chief executive
officer or controlling individual must file, under penalty of
perjury, a certification that the independent expenditure is not
made in cooperation, consultation, or coordination with, or at
the request or suggestion of, any candidate or any authorized
committee or agent of such candidate; and
(6)(a) the
identification of each person or entity making a donation of
more than one hundred dollars to the entity filing the report if
the donation was made to further the reported independent
expenditure or electioneering communication.
(b)
If the donor is an individual, the statement shall include
the name, primary occupation, address, and amount of the
donation.
(c)
If the donor is a business or another organization that is
not an individual, then the identification shall indicate the
name and title of the chief executive officer or the controlling
individual of the donor organization, and include the address
and amount of the donation.
(7) For the purposes of
item (6) of this section, a donation to the person or entity
making the independent expenditure or electioneering
communication is deemed to have been donated to further the
independent expenditure or electioneering communication if any
of items (1) through (4) of this section apply. For purposes of
this section, the 'filer' is the person or entity making the
independent expenditure or electioneering communication and
responsible for filing the report, or an agent of that person or
entity. For purposes of this section, the 'donor' is the person
or entity donating to the filer the funds or other thing of
value, or an agent of that person or entity.
(a)
The donor designates, requests, or suggests that the
donation be used for an independent expenditure or
electioneering communication or for multiple independent
expenditures or electioneering communication, and the filer
agrees to use the donation for an independent expenditure or
electioneering communication.
(b)
The filer expressly solicited the donor for a donation for
making or paying for an independent expenditure or
electioneering communication.
(c)
The donor and the filer engaged in substantial written or
oral discussion regarding the donor's making, donating, or
paying for an independent expenditure or electioneering
communication.
(d)
The donor or the filer knew or had reason to know of the
filer's intent to make independent expenditures or
electioneering communications with the donation.
A donation must not be deemed to be made to
further an independent expenditure or electioneering
communication if the donation was a commercial transaction
occurring in the ordinary course of business between the donor
and the filer unless there is affirmative evidence that the
amounts were donated to further an independent expenditure or
electioneering communication. In determining the amount of a
donation that was made to further a particular independent
expenditure or electioneering communication, there must be
excluded any amount that was designated by the donor with
respect to a different election than the election that is the
subject of the independent expenditure or electioneering
communication covered by the report."
SECTION 3. Section 8-13-1300 of the 1976 Code, as last amended by Act 245 of 2008, is further amended by adding at the end:
"(35)(a)
'Electioneering communication' means a broadcast, cable,
or satellite communication or mass postal mailing or telephone
bank that has the following characteristics:
(1)
refers to a clearly identified candidate for elected
office or ballot measure; and
(2)
that is publicly aired or distributed within sixty days
prior to a general election or within thirty days prior to a
primary election for that office.
(b)
'Electioneering communication' does not mean:
(1)
a communication appearing in a news story, commentary, or
editorial distributed through the facilities of any broadcasting
station, unless those facilities are owned or controlled by a
political party, political committee, or candidate;
(2)
a communication that constitutes an expenditure or
independent expenditure pursuant to this article;
(3)
a communication that constitutes a candidate debate or
forum conducted pursuant to rules adopted by a political party
or that solely promotes that debate or forum and is made by or
on behalf of the person sponsoring the debate or forum; or
(4)
a communication that meets all of the following criteria:
(i)
does not mention any election,
candidacy, political party, opposing candidate, or voting by the
general public;
(ii)
does not take a position on the candidate's character or
qualifications and fitness for office; and
(iii)
proposes a commercial transaction."
SECTION 4. The provisions of this act take effect on January 1, 2017. /
Renumber sections to conform.
Amend title to conform.