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FREE CONFERENCE COMMITTEE REPORT ADOPTED -- NOT PRINTED
May 11, 2006
H. 3402
Introduced by Reps. M.A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E.H. Pitts, G.R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart, Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair
S. Printed 5/26/05--S.
Read the first time April 7, 2005.
TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST; TO AMEND SECTION 8-13-1333, RELATING TO CAMPAIGN FINANCE, TO PROHIBIT SOLICITATION OF CONTRIBUTIONS BY LEGISLATIVE SPECIAL INTEREST CAUCUSES BUT TO PERMIT SOLICITATION OF OTHER FUNDS AND TO ESTABLISH REQUIREMENTS FOR FUND SOLICITATION AND USE OF THOSE FUNDS AND TO ESTABLISH REQUIREMENTS TO MAINTAIN FINANCIAL RECORDS; AND TO AMEND SECTION 2-17-110, RELATING TO ACTS PROHIBITED BY LOBBYISTS AND LOBBYISTS' PRINCIPALS TO PROHIBIT FINANCIAL ASSISTANCE FROM A LOBBYIST, LOBBYIST'S PRINCIPAL, OR PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-17-10(11) of the 1976 Code is amended to read:
"(11) 'Legislative caucus' 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;
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender. However, each house may establish only one committee for racial-, ethnic-, or gender-based affinity;
(c) 'legislative caucus' does not include a legislative special interest caucus as defined in Section 2-17-10(21)."
SECTION 2. Section 2-17-10 of the 1976 Code is amended by adding the following numbered subsection at the end to read:
"(21) 'Legislative special interest caucus' means two or more legislators who seek to be affiliated based upon a special interest. Under no circumstances may a legislative special interest caucus engage in any activity that would influence the outcome of an election or ballot measure. Each legislative special interest caucus must register with the Clerk's Office of the Senate or House of Representatives in a manner mandated by the Clerk's Office. However, each legislative special interest caucus must provide, and the Clerk's Office must maintain a record of:
(a) the name and purpose of the caucus;
(b) the names of all caucus members; and
(c) the date of creation, and dissolution, if applicable.
The Clerk's Office must maintain these records for at least four years following the dissolution of the caucus. A legislative special interest caucus may include, but is not limited to, a representation of sportsmen and women desiring to enhance and protect hunting, fishing, and shooting sports."
SECTION 3. Section 8-13-1300(1)(d) of the 1976 Code is amended to read:
"(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."
SECTION 4. Section 8-13-1300(21) of the 1976 Code is amended to read:
"(21) '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)."
SECTION 5. Section 8-13-1333 of the 1976 Code is amended by adding the following lettered subsection at the end to read:
"(C)(1) A legislative special interest caucus must not solicit contributions as defined in Section 8-13-100(9), however: it may solicit funds from the general public for the limited purpose of defraying mailing expenses, including cost of materials and postage, and for members of the legislative special interest caucus to attend regional and national conferences. Legislative special interest caucus members may attend a regional or national conference only if the conference is exclusively comprised of legislative special interest caucus counterparts and convenes for the purpose of interacting and exchanging ideas among caucus members and the conference is sponsored by a national organization with which the legislative special interest caucus is affiliated. Attendance at any conference is prohibited if the conference is sponsored by any lobbying group or extends an invitation to persons other than legislators. Under no circumstances may a legislative special interest caucus accept funds from a lobbyist. Each special interest caucus must submit a financial statement to the appropriate supervisory office by January first and July first of each year showing the total amount of funds received and total amount of funds paid out. It must also maintain the following records, for not less than four years, which must be available to the appropriate supervisory office for inspection:
(a) the total amount of funds received by the legislative special interest caucus;
(b) the name and address of each person or entity making a donation and the amount and date of receipt of each donation;
(c) all receipted bills, canceled checks, or other proof of payment for any expenses paid by the legislative special interest caucus.
(2) A legislative special interest caucus may not accept a gift, loan, or anything of value, except for funds permitted in subsection (C)(1) above."
SECTION 6. Section 2-17-110 of the 1976 Code is amended by adding the following lettered subsection at the end to read:
"(J) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not offer or provide contributions or any other type of funds or financial assistance to a legislative special interest caucus as defined in Section 2-17-10(21)."
SECTION 7. This act takes effect upon approval by the Governor.
/s/Sen. Tommy Moore /s/Rep. Michael Pitts
/s/Sen. Wes Hayes /s/Rep. William Witherspoon
/s/Sen Danny Verdin /s/Rep. Paul Agnew
On Part of the Senate. On Part of the House.
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