BIL:3259
TYP:General Bill GB
INB:House
IND:20010111
PSP:W.D.Smith
SPO:W.D.Smith, Wilkins, Harrison, Harrell, J.Brown, Townsend, Sharpe, Miller, Edge
DDN:l:\council\bills\pt\1029dw01.doc
RBY:Senate
COM:Judiciary Committee 11 SJ
LAD:20010213
SUB:Push-poll, definition and regulation of; Elections, Candidates, Telephones, Ethics, Campaign practices
HST:
BodyDateAction DescriptionComLeg Involved
______
Senate20010227Introduced, read first time,11 SJ
referred to Committee
House20010223Read third time, sent to Senate
House20010222Read second time, unanimous
consent for third reading on
Friday, 20010223
House20010220Co-Sponsor added (Rule 5.2) by Rep.Edge
House20010213Request for debate by RepresentativeJennings
Kennedy
McLeod
Clyburn
Hosey
Mack
Breeland
Rivers
Weeks
Lloyd
Howard
J.H. Neal
Altman
Hayes
Fleming
Miller
Harrison
Easterday
Emory
House20010213Amended
House20010207Committee report: Favorable with25 HJ
amendment
House20010124Co-Sponsor added (Rule 5.2) by Rep.Miller
House20010111Introduced, read first time,25 HJ
referred to Committee
Versions of This Bill
Revised on 20010207
Revised on 20010213
Revised on 20010222
TXT:
AMENDED
February 22, 2001
H.3259
Introduced by Reps. W.D.Smith, Wilkins, Harrison, Harrell, J.Brown, Townsend, Sharpe, Miller and Edge
S. Printed 2/22/01--H.
Read the first time January 11, 2001.
[3259-1]
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8131355 SO AS TO DEFINE AND REGULATE A PUSHPOLL AND PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.The 1976 Code is amended by adding:
“Section 8131355.(A)(1)For purposes of this section, a ‘pushpoll’ is a paid telephone survey supporting or opposing any candidate for public office and conducted by or on behalf of a candidate or committee that:
(a)asks questions or gives statements relating to candidates for public office that state, imply, or convey information about another candidate’s character, status, or political stance or record; and
(b)is conducted in a manner that is likely to be construed by the person receiving the call to be a survey or poll which uses an established method of scientific sampling and gather statistical data for entities or organizations that are acting independently of any political party, candidate, or interest group.
(2)A person who conducts a pushpoll, as defined in subsection (A)(1), must, at the beginning of the call, disclose the name of the candidate or committee that paid for, sponsored, donated, or authorized the call.
(3)If the call is an independent expenditure, the disclosure shall also state that no candidate has approved the call.
(4)No person or organization shall state or imply false or fictitious names or telephone numbers when providing the disclosures required under this section.
(B)The entity in charge of conducting a pushpoll must file the name, telephone number, and address of the candidate or committee who paid for, sponsored, donated, or authorized the poll, together with the text of the poll with the State Ethics Commission and also with the candidates or campaigns involved twentyfour hours before the poll is initiated. If a committee or entity has paid for, sponsored, donated, or authorized the poll, it must also file the names of the members of its governing board, board of directors, or executive committee.
(C)A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.”
SECTION2.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION3.This act takes effect upon approval by the Governor.
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