S 195 Session 125 (2023-2024) S 0195 General Bill, By Fanning A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-365, RELATING TO AN ELECTRONIC FILINGS SYSTEM FOR DISCLOSURES AND REPORTS, SO AS TO REQUIRE THE STATE ETHICS COMMISSION TO ESTABLISH A NEW ONLINE CAMPAIGN ACCOUNT MONITORING AND AUDITING DEPARTMENT, TO DELINEATE THE DEPARTMENT'S DUTIES AND RESPONSIBILITIES, AND TO REQUIRE THE STATE ETHICS COMMISSION TO ENSURE THE DEPARTMENT IS STAFFED SUFFICIENTLY WITH ADEQUATELY TRAINED LEGAL AND ACCOUNTING PERSONNEL; AND BY AMENDING SECTION 8-13-1312, RELATING TO CAMPAIGN BANK ACCOUNTS, SO AS TO REQUIRE ALL CANDIDATES AND ELECTED PUBLIC OFFICIALS WHO ARE REQUIRED TO FILE CERTIFIED CAMPAIGN REPORTS PURSUANT TO ARTICLE A bill to amend the South Carolina Code of Laws by amending Section 8-13-365, relating to an electronic filings system for disclosures and reports, so as to require the state ethics commission to establish a new online campaign account monitoring and auditing department, to delineate the department's duties and responsibilities, and to require the state ethics commission to ensure the department is staffed sufficiently with adequately trained legal and accounting personnel; and by amending Section 8-13-1312, relating to Campaign bank accounts, so as to require all candidates and elected public officials who are required to file certified campaign reportS pursuant to Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 8-13-365 of the S.C. Code is amended to read: Section 8-13-365. (A) The commission shall establish a system of electronic filing for all disclosures and reports required pursuant to Chapter 13, Title 8 and Chapter 17, Title 2 except for forms and reports required pursuant to (B) By January 1, 2024, from the funds collected pursuant to Section 8-13-1312(B)(3), the commission shall establish a new online campaign account monitoring and auditing department. The commission shall ensure the new department is staffed sufficiently with adequately trained legal and accounting personnel in order to perform the following duties: (1) real-time online monitoring and auditing of all active campaign accounts established pursuant to Section 8-13-1312; (2) identifying suspicious or potentially unlawful campaign transactions and promptly notifying the account holder of the suspect transaction and giving him seven calendar days either to correct the error or provide a written explanation clarifying the validity of the transaction; (3) upon written request, preapproving or rejecting a candidate's or public official's proposed campaign transaction, provided the candidate or public official has furnished sufficient information regarding the nature and purpose of the proposed transaction for the department to render an informed decision; and (4) other duties as required by the Executive Director of the State Ethics Commission. SECTION 2. Section 8-13-1312 of the S.C. Code is amended to read: Section 8-13-1312. (A) Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this (B) Beginning July 1, 2023, each candidate or elected public official who is required by law to file periodic certified campaign reports with the State Ethics Commission pursuant to this (1) locate, host, or maintain his campaign checking account and campaign savings account, if any, in a financial institution that satisfies the requirements of subsection (A) and offers real-time online banking or access to a customer's account information through the financial institution's Internet website; (2) provide the State Ethics Commission access to his campaign account's current online banking through the financial institution's Internet website; and (3) pay, transfer, or remit to the State Ethics Commission an amount equal to five percent of the total contributions received by the candidate or elected public official during the reporting period at the same time the candidate or elected public official files one or more of the following: (a) a statement of organization pursuant to Section 8-13-1304(A); or (b) each quarterly certified campaign report pursuant to Section 8-13-1308(B). The funds collected pursuant to this item must be used exclusively by the State Ethics Commission for the purposes described in Section 8-13-365(B). SECTION 3. This act takes effect upon approval by the Governor. ----XX---- |