South Carolina General Assembly
104th Session, 1981-1982

Bill 399

                    Current Status

Bill Number:               399
Ratification Number:       312
Act Number                 289
Introducing Body:          Senate
Subject:                   Relating to bribing of a public offical
                           or employee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A289, R312, S399)

AN ACT TO AMEND SECTION 8-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING OR OFFERING COMPENSATION TO INFLUENCE THE ACTION OF A PUBLIC OFFICIAL OR EMPLOYEE, SO AS TO PROHIBIT THE GIVING OF A PROMISE OF FUTURE EMPLOYMENT TO ANY PUBLIC OFFICIAL OR EMPLOYEE TO INFLUENCE HIS ACTION, VOTE, OPINION, OR JUDGMENT; AND TO AMEND SECTION 8-13-490, RELATING TO UNETHICAL GIFTS OR FAVORS BETWEEN MEMBERS OR EMPLOYEES OF GOVERNMENTAL REGULATORY AGENCIES OR DEPARTMENTS AND PERSONS WHO ARE ASSOCIATED WITH A BUSINESS REGULATED BY SUCH AGENCY AND ALSO RELATING TO A TWO-YEAR PROHIBITION AGAINST FORMER MEMBERS OR EMPLOYEES OR GOVERNMENTAL REGULATORY AGENCIES OR DEPARTMENTS SERVING AS LOBBYISTS OR AS AGENTS OR ATTORNEYS FOR CLIENTS BEFORE SUCH AGENCIES OR DEPARTMENTS, SO AS TO DELETE THE PROHIBITION BY A MEMBER OR EMPLOYEE OF A GOVERNMENTAL REGULATORY AGENCY OR DEPARTMENT OF SOLICITING OR ACCEPTING A PROMISE OF FUTURE EMPLOYMENT AND TO PROVIDE THAT NO FORMER MEMBER OR EMPLOYEE OF SUCH AGENCY SHALL SERVE AS A LOBBYIST OR REPRESENT CLIENTS BEFORE SUCH AGENCY OR DEPARTMENT IN MATTERS IN WHICH HE WAS DIRECTLY OR SUBSTANTIALLY INVOLVED WHILE EMPLOYED WITH SUCH AGENCY OR DEPARTMENT.

Be it enacted by the General Assembly of the State of South Carolina:

Prohibition on soliciting anything of value by employee of regulatory agency

Section 1. Section 8-13-490 of the 1976 Code is amended to read:

"Section 8-13-490. No person shall offer or give to a member or employee of a governmental regulatory agency or department that regulates a business with which such person is associated, and no member or employee of such agency or department shall solicit or accept from any such person, anything of value, or a favor or service, while the member or employee is associated with the regulatory agency or department. No former member or employee of such agency shall serve as a lobbyist or represent clients before such or department in matters in which he was directly or substantially involved while employed with such agency or department.

Giving compensation to influence action of public official

Section 2. Section 8-13-420 of the 1976 Code, as last amended by Act 148 of 1981, is further amended to read:

"Section 8-13-420. Whoever gives or offers to any public official or public employee any compensation including a promise of future employment to influence his action, vote, opinion or judgement as a public official or public employee or such public official solicits or accepts such compensation to influence his action, vote, opinion or judgment shall be subject to the punishment as provided by Sections 16-9-210 and 16-9-220. The provisions of this section shall not apply to political contributions unless such contributions are conditioned upon the performance of specific actions of the person accepting such contributions nor shall they prohibit a parent, grandparent or relative from making a gift to a child, grandchild, or other close relative for love and affection except as hereinafter provided."

Time effective

Section 3. This act shall take effect upon the approval by the Governor.