H 4680 Session 112 (1997-1998)
H 4680 General Bill, By J. Smith, Bailey, Battle, Bowers, A.W. Byrd, Cave,
Clyburn, J.L.M. Cromer, Harvin, Inabinett, Jennings, B.L. Jordan, Kirsh, Lloyd,
Maddox, McCraw, Miller, Moody-Lawrence, V.T. Mullen, J.H. Neal, Phillips,
Sheheen, Stille, Wilder, Wilkes and Witherspoon
A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITION FOR PURPOSES OF THE PROVISIONS CONCERNING
CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE"
TO PROVIDE THAT EXPENDITURES BY A PARTY COMMITTEE WHICH HAVE THE EFFECT OF
ADVOCATING THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE ARE DEEMED
TO BE A CONTRIBUTION TO THE OPPONENT, TO PROVIDE FOR WHEN THERE IS MORE THAN
ONE OPPONENT TO A CANDIDATE, TO PROVIDE THAT EXPENDITURES AND CONTRIBUTIONS
ARE SUBJECT TO CERTAIN PROVISIONS OF CHAPTER 13, TITLE 8, AND TO REQUIRE THAT
AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS
UNDER ARTICLE 13, CHAPTER 13, TITLE 8, FROM JULY 1, 1998, WHEN THE FIRST
REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.
02/24/98 House Introduced and read first time HJ-10
02/24/98 House Referred to Committee on Judiciary HJ-11
A BILL
TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITION FOR PURPOSES OF THE PROVISIONS
CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND
THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO
PROVIDE THAT EXPENDITURES BY A PARTY COMMITTEE
WHICH HAVE THE EFFECT OF ADVOCATING THE
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED
CANDIDATE ARE DEEMED TO BE A CONTRIBUTION TO
THE OPPONENT, TO PROVIDE FOR WHEN THERE IS MORE
THAN ONE OPPONENT TO A CANDIDATE, TO PROVIDE
THAT EXPENDITURES AND CONTRIBUTIONS ARE SUBJECT
TO CERTAIN PROVISIONS OF CHAPTER 13, TITLE 8, AND TO
REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE
REPORTING AND RECORDKEEPING REQUIREMENTS
UNDER ARTICLE 13, CHAPTER 13, TITLE 8, FROM JULY 1,
1998, WHEN THE FIRST REPORT IS DUE AFTER THE
EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 8-13-1300(17) of the 1976 Code, as last
amended by Act 6 of 1995, is further amended to read:
"(17) 'Independent expenditure' means:
(a) an expenditure made 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 expressly to urge a particular result in an election 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.
(c) 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.
(i) For purposes of this item, an expenditure made by a
party committee or legislative caucus committee advocating the
election or defeat of a clearly identified candidate are deemed a
contribution to the opponent.
(ii) If there is more than one opponent to a candidate and each
opponent shares the same political party, the contribution must be
reported in equal shares as a contribution to each candidate.
(iii) Expenditures made under this item are subject to the
limitations provided for in this chapter including, but not limited to,
Sections 8-13-1302, 8-13-1304, 8-13-1314, and 8-13-1316 and the
reporting requirement provided for in this chapter.
(iv) Contributions to a party committee or legislative caucus
committee are subject to the limitation provided for in this chapter
including Sections 8-13-1322, 8-13-1324, 8-13-1340, and 8-13-1350.
(v) Section 8-13-1354 applies to the expenditures as provided
in this item."
SECTION 2. The amendment to Section 8-13-1300(17) of the
1976 Code in Section 1 of this act, is effective for those affected
entities beginning July 1, 1998, for all reports and records required
under the provisions of Article 13, Chapter 13, Title 8.
SECTION 3. This act takes effect upon approval by the Governor.
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