employees. For the purposes of this item, direct business association does not include: (a) ownership interests held by a lobbyist or a lobbyist’s principal and 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 in the same corporation or partnership unless the interest of each exceeds five percent of the total shares outstanding or partnership interests in the entity; (b) an interest held by 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 in a partnership or corporation represented by a lobbyist or a lobbyist’s principal if the interest is less than five percent of the total shares outstanding or partnership interests in such entity; or (c) any commercial transaction between a lobbyist or lobbyist’s principal and 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 in which the fair market value of the goods transferred or services rendered is paid; (8) any contribution, as defined by Section 8131300(7), made by the lobbyist’s principal to any candidate or public official, including an itemization of: (a) the name and address of the public official or candidate to whom the contribution was made; (b) the amount of the contribution; (c) the date of the contribution; (9) in the case of a voluntary membership organization, dues, fees, or amounts payable to the organization during any calendar year from a member need be recorded only if the contribution to the organization is more than five hundred dollars and more than twenty percent of the total contributions of the organization during that calendar year.” SECTION 5. Section 21740 of the 1976 Code is amended to read: “Section 21740. (A) Each state agency or department must, no later than June thirtieth July tenth and January thirtyfirst January tenth of each year, file a report with the State Ethics Commission covering that agency’s lobbying during that filing period. The
SECTION 10. Section 813320(10)(j) of the 1976 Code is amended to read: “(j) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission’s possession relating to the charges. The same discovery techniques are available to the commission must be equally available to the respondent, including the right to request the commission to subpoena witnesses or materials and the right to conduct depositions as prescribed by subitem (f). A panel of three commissioners must conduct a hearing in accordance with Chapter 23 of Title 1 (Administrative Procedures Act), except as otherwise expressly provided. Panel action requires the participation of the three panel members. During a commission panel hearing conducted to determine whether a violation of the chapter has occurred, the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to crossexamine opposing witnesses. All evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The hearings must be held in executive session unless the respondent requests an open hearing open to the public.” LEGISLATIVE COMMITTEES SECTION 11. Section 813530 of the 1976 Code of Laws is amended to read: “Section 813530. Each ethics committee shall: (1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter and promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter; (2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified; (3) upon the filing of a complaint and upon a finding by the State Ethics Commission of a technical violation, or probable cause for a violation of this chapter or Chapter 17 of Title 2, investigate possible violations of breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a
an election or to support or oppose a candidate or public official, for the major purpose to support or oppose the nomination or election of a candidate to elective office, which receives contributions or makes expenditures in excess of five hundred dollars in the aggregate during an election cycle. ‘Noncandidate committee’ does not include political action committees that contribute solely to federal campaigns.” SECTION 38. Section 8131300(31) of the 1976 Code is amended to read: “(31) ‘Influence the outcome of an elective office’ means: (a) expressly advocating the election or defeat of a clearly identified candidate using words including or substantially similar to ‘vote for’, ‘elect’, ‘cast your ballot for’, ‘Smith for Governor’, ‘vote against’, ‘defeat’, or ‘reject’; or (b) communicating campaign slogans or individual words that, taken in context, have no other reasonable meaning other than to urge the election or defeat of a clearly identified candidate including or substantially similar to slogans or words such as ‘Smith”s Smith’s the One’, ‘Jones 2000’, ‘Smith/Jones’ , ‘Jones!’, or ‘SmithA man for the People!’; or (c) any communication made, not more than fortyfive days before an election, which promotes or supports a candidate or attacks or opposes a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. For purposes of this paragraph, “communication” means (i) any paid advertisement or purchased program time broadcast over television or radio; (ii) any paid message conveyed through telephone banks, direct mail, or electronic mail; or (iii) any paid advertisement that costs more than five thousand dollars that is conveyed through a communication medium other than those set forth in subsections (i) or (ii) of this paragraph. “Communication” does not include news, commentary, or editorial programming or article, or communication to an organization’s own members.” SECTION 39. Section 8131300(32) of the 1976 Code is amended to read: “(32) ‘Ballot measure committee’ means: (a) an association, club, an organization, or a group of persons which, to influence the outcome of a ballot measure,