GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 1778

Short Title:  Donor's Occupation.	(Public)
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Sponsors: Representatives Luebke; Braswell, Church, Colton, Justus, and Michaux.
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Referred to:  Judiciary I.
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May 26, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT INFORMATION TO BE REPORTED CONCERNING CAMPAIGN CONTRIBUTORS SHALL INCLUDE OCCUPATION, EMPLOYER'S NAME, AND BUSINESS ADDRESS; AND TO PROHIBIT SALE OR USE OF CAMPAIGN FINANCE REPORTS FOR SOLICITATION OR COMMERCIAL PURPOSES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 163-278.8(c) reads as rewritten:
"(c)	A treasurer may not accept a contribution of more than one hundred dollars ($100.00) from a nonresident of this State unless the contribution is accompanied by a written statement setting forth the name, complete home address, occupation, employer's name, and complete business address of each contributor."
Sec. 2.  G.S. 163-278.8(d) reads as rewritten:
"(d)	A treasurer shall not be required to report the name of any resident of this State who makes a total contribution of one hundred dollars ($100.00) or less but he shall instead report the fact that he has received a total contribution of one hundred dollars ($100.00) or less, the amount of the contribution, and the date of receipt. If a treasurer receives contributions of one hundred dollars ($100.00) or less, each at a single event, he may account for and report the total  amount received at that event, the date and place of the event, the nature of the event, and the approximate number of people at the event. With respect to the proceeds of sale of services, campaign literature and materials, wearing apparel, tickets or admission prices to campaign events such as rallies or dinners, and the proceeds of sale of any campaign-related services or goods, if the price or value received for any single service or goods exceeds one hundred dollars ($100.00), the treasurer shall account for and report the name of the individual paying for such services or goods and other information concerning the individual required in G.S. 163-278.11(a)(1), the amount received, and the date of receipt, but if the price or value received for any single service or item of goods does not exceed one hundred dollars ($100.00), the treasurer may report only those services or goods rendered or sold at a value that does not exceed one hundred dollars ($100.00), the nature of the services or goods, the amount received in the aggregate for the services or goods, and the date of the receipt.
Sec. 3.  G.S. 163-278.11 reads as rewritten:
"§ 163-278.11. Contents of treasurer's statement of receipts and expenditures.
(a)	Statements filed pursuant to provisions of this Article shall set forth the following:
(1)	Contributions. – A list of all contributions required to be listed under G.S. 163-278.8 received by or on behalf of a candidate, political committee, or referendum committee. The statement shall list the name, complete home mailing address, occupation, employer's name, and complete business address of each contributor, the amount contributed, and the date such contribution was received. The total sum of all contributions to date shall be plainly exhibited. Forms for required reports shall be prescribed by the Board.
(2)	Expenditures. – A list of all expenditures required under G.S. 163-278.8 made by or on behalf of a candidate, political committee, or referendum committee. The statement shall list the name and complete mailing address of each payee, the amount paid, the purpose, and the date such payment was made. The total sum of all expenditures to date shall be plainly exhibited. Forms for required reports shall be prescribed by the Board.
(3)	Loans. – Every candidate and treasurer shall attach to the campaign transmittal submitted with each report an addendum listing all proceeds derived from loans for funds used or to be used in this campaign. The addendum shall be in the form as prescribed by the State Board of Elections and shall list the amount of the loan, the source, the period, the rate of interest, and the security pledged, if any, and all makers and endorsers.
(b)	Statements shall reflect anything of value paid for or contributed by any person or individual, both as a contribution and expenditure."
Sec. 4.  G.S. 163-278.22 reads as rewritten:
"§ 163-278.22. Duties of State Board.
It shall be the duty and power of the State Board:
(1)	To prescribe forms of statements and other information required to be filed by this Article, to furnish such forms to the county boards of elections and individuals, media or others required to file such statements and information, and to prepare, publish and distribute or cause to be distributed to all candidates at the time they file notices of candidacy a manual setting forth the provisions of this Article and a prescribed uniform system for accounts required to file statements by this Article;
(2)	To accept and file any information voluntarily supplied that  exceeds the requirements of this Article;
(3)	To develop a filing, coding, and cross-indexing system consonant with the purposes of this Article;
(4)	To make statements and other information filed with it available to the public at a charge not to exceed actual cost of copying, except that any information copied from statements filed pursuant to the provisions of this Article may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee.
(5)	To preserve reports and statements filed under this Article.  Such reports and statements, after a period of two years following the election year, may be transferred to the Department of Cultural Resources, Division of Archives and History, and shall be preserved for a period of 10 years.
(6)	To prepare and publish such reports as it may deem appropriate;
(7)	To make investigations to the extent the Board deems necessary with respect to statements filed under the provisions of this Article and with respect to alleged failures to file any statement required under the provisions of this Article, and, upon complaint under oath by any registered voter, with respect to alleged violations of any part of this Article; and
(8)	After investigation, to report apparent violations by candidates, political committees, referendum committees, individuals or persons to the proper district attorney as provided in G.S. 163-278.27.
(9)	To prescribe and furnish forms of statements and other material to the county boards of elections for distribution to candidates and committees required to be filed with the county boards.
(10)	To instruct the chairman and supervisors of elections of each county board as to their respective duties and responsibilities relative to the administration of this Article.
(11)	To require appropriate certification of delinquent or late filings from the county boards of elections and to execute the same responsibilities relative to such reports as provided in G.S. 163-278.27.
(12)	To assist county boards of elections in resolving questions  arising from the administration of this Article.
(13)	To require county boards of elections to hold such hearings, make such investigations, and make reports to the State Board as the State Board deems necessary in the administration of this Article."
Sec. 5.  This act becomes effective January 1, 1995, and applies to the reporting of all contributions accepted on or after that date. This act applies to reports filed on or after January 1, 1995, but Sections 1 through 3 of this act apply to those reports only to the extent that those reports describe contributions accepted on or after January 1, 1995.