GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

S	3 

SENATE BILL 1563
Constitution and Election Laws Committee Substitute Adopted 6/9/94
Third Edition Engrossed 6/15/94

Short Title:  Donor's Occupations.	(Public)
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Sponsors:
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Referred to:  
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May 25, 1994

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT INFORMATION TO BE REPORTED CONCERNING CAMPAIGN CONTRIBUTORS SHALL INCLUDE OCCUPATION, EMPLOYER'S NAME, BUSINESS ADDRESS AND LABOR UNION MEMBERSHIP; AND TO CHANGE THE LIMITATION ON CONTRIBUTIONS; AND TO REMOVE THE POPULATION THRESHOLD FOR REPORTING.
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, home mailing address, occupation, employer's name, and business mailing address of each contributor, and the name of any labor union of which the contributor is a member."
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, home mailing address, occupation, employer's name, and business mailing address of each contributor, the name of any labor union of which the contributor is a member, 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.
(c)	It is not a violation of this section to incorrectly report the required information unless the required information is known by the treasurer to be incorrect.  If the required information has changed between the time the contribution is made and the time the report is made, it is not a violation of this section."
Sec. 3.1.  G.S. 163-278.6(18) reads as rewritten:
"(18)	The term 'public office' means any office filled by election by the people on a statewide, county, municipal or district basis, and this Article shall be applicable to such elective offices whether the election therefor is partisan or nonpartisan.  This Article shall be applicable to candidates for municipal and county offices."
Sec. 3.2.  G.S. 163-278.9(d) reads as rewritten:
"(d)	Candidates and committees for municipal offices, which are required to submit reports by G.S. 163-278.6(18) are not subject to subsections (a), (b) and (c) of this section. Reports for those candidates and committees are covered by Part 2 of this Article."
Sec. 3.3.  G.S. 163-278.40 reads as rewritten:
"§ 163-278.40.  Definitions.
When used in this Part, words and phrases have the same meaning as in G.S. 163-278.6, except that:
(1)	The term 'board' means the county board of elections;
(2)	The term 'city' means any incorporated city, town, or village."
Sec. 4.  G.S. 163-278.13 reads as rewritten:
"§ 163-278.13.  Limitation on contributions.
(a)	No individual or political committee shall contribute to any candidate or other political committee any money or make any other contribution in any election in excess of one thousand dollars ($1,000) for that election.
(b)	No candidate or political committee shall accept or solicit any contribution from any individual or other political committee of any money or any other contribution in any election in excess of one thousand dollars ($1,000) for that election.
(c)	Notwithstanding the provisions of subsections (a) and (b) of this section, it shall be lawful for a candidate or a candidate's spouse, parents, brothers and sisters to make a contribution to the candidate or to the candidate's treasurer of any amount of money or to make any other contribution in any election in excess of one thousand dollars ($1,000) for that election.
(d)	For the purposes of this section, the term 'an election' means any primary, second primary, or general election in which the candidate or political committee may be involved, without regard to whether the candidate is opposed or unopposed in the election.
(e)	This section shall not apply to any State, district or county executive committee of any political party. For the purposes of this section only, the term 'political party' means only those political parties officially recognized under G.S. 163-96.
(e1)	No referendum committee which received any contribution from a corporation, labor union, insurance company, business entity, or professional association may make any contribution to another referendum committee, to a candidate or to a political committee.
(f)	Any individual, candidate, political committee, or referendum committee who violates the provisions of this section is guilty of a Class 2 misdemeanor."
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 only to the extent that those reports describe contributions accepted on or after January 1, 1995.  Section 4 of this act applies only to contributions made on or  after January 1, 1995.