Download This Version in Microsoft Word format
TO AMEND SECTION 2-17-10, RELATING TO TERMS REGARDING LOBBYISTS AND LOBBYING, TO DEFINE THE TERMS "LOBBYING", "LOBBYIST", "PUBLIC BODY", AND "PUBLIC OFFICIAL" TO INCLUDE MEMBERS OF AND THE GOVERNING BODIES OF POLITICAL SUBDIVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subsections (12) and (13) of Section 2-17-10 of the 1976 Code are amended to read:
"(12) 'Lobbying' means promoting or opposing through direct communication with public officials or public employees:
(a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly;
(b) covered gubernatorial actions;
(c) covered agency actions; or
(d) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly; or
(e) the action or vote of any member of the governing body of a political subdivision.
'Lobbying' does not include the activities of a member of the General Assembly, a member of the staff of a member of the Senate or House of Representatives, the Governor, the Lieutenant Governor, or a member of the executive staff of the Governor or Lieutenant Governor or a member or the staff of the governing body of a political subdivision acting in his capacity as a public official or public employee with regard to his public duties.
(13) 'Lobbyist' means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official on any state agency, board, governing body of a political subdivision, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' also means any person who is employed, appointed, or retained, with or without compensation, by a state agency, college, university, or other institution of higher learning to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official of any state agency, board, governing body of a political subdivision, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. 'Lobbyist' does not include:
(a) an individual who receives no compensation to engage in lobbying and who expresses a personal opinion on legislation, covered gubernatorial actions, or covered agency actions to any public official or public employee;
(b) a person who appears only before public sessions of committees or subcommittees of the General Assembly, public hearings of state agencies, public hearings before any public body of a quasi-judicial nature, public hearings before the governing body of a political subdivision, or proceedings of any court of this State;
(c) any duly elected or appointed official or employee of the State, the United States, a county, municipality, school district, or a political subdivision thereof, or a member of the judiciary when appearing solely on matters pertaining to his office and public duties unless lobbying constitutes a regular and substantial portion of such official's or employee's duties;
(d) a person performing professional services in drafting legislation or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation;
(e) a person who owns, publishes, or is employed by a radio station, television station, wire service, or other bona fide news medium which in the ordinary course of business disseminates news, editorials, columns, other comments, or other regularly published periodicals if such person represents no other person in lobbying for legislation, covered agency actions, or covered gubernatorial actions. This exception applies to the publication of any periodical which is published and distributed by a membership organization to its subscribers at least twelve times annually and for which an annual subscription charge of at least one dollar fifty cents a subscriber is made;
(f) a person who represents any established church solely for the purpose of protecting the rights of the membership of the church or for the purpose of protecting the doctrines of the church or on matters considered to have an adverse effect upon the moral welfare of the membership of the church;
(g) a person who is running for office elected by the General Assembly or a person soliciting votes on the behalf of a person who is running for office elected by the General Assembly unless such person is otherwise defined as a lobbyist by this section; or
(h) an individual who receives no compensation to engage in lobbying and who does not make expenditures or incur obligations for lobbying in an aggregate amount in excess of five hundred dollars in a calendar year."
SECTION 2. Subsection (16) of Section 2-17-10 of the 1976 Code is amended to read:
"(16) 'Public body' means the General Assembly, the Executive Office of the Governor, any department of the State, or any state board, commission, agency, or authority, or the governing body of a political subdivision, including committees of any such body, by whatever name known."
SECTION 3. Subsection (18) of Section 2-17-10 of the 1976 Code is amended to read:
"(18) 'Public official' means any elected or appointed official of the State, including candidates for any such state office, and also means any member of the governing body of a political subdivision and a candidate for that office. However, 'public official' does not mean a member of the judiciary."
SECTION 4. Section 2-17-80 of the 1976 Code is amended to read:
"Section 2-17-80. (A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7).
(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7).
(C) Subsections (A)(1) through (A)(4) and subsections (B)(1) through (B)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.
(D) Subsections (A)(1), (A)(2), (B)(1), and (B)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or any person acting on behalf of a lobbyist or a lobbyist's principal to any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.
(E) Subsections (A) and (B) do not apply to anything of value given to a family member for love and affection."
SECTION 5. Subsection 2-17-130(B) of the 1976 Code is amended to read:
"(B) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees who wilfully violate the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than one year, or both."
SECTION 6. This act takes effect upon approval by the Governor.
This web page was last updated on December 10, 2014 at 4:32 PM