South Carolina General Assembly
109th Session, 1991-1992

Bill 3306


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3306
Primary Sponsor:                Rama
Committee Number:               25
Type of Legislation:            GB
Subject:                        Ethics
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       436/11092.DW
Introduced Date:                Jan 24, 1991
Last History Body:              House
Last History Date:              Jan 24, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rama
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3306  House   Jan 24, 1991  Introduced, read first time,    25
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 8-13-10, 8-13-20, AS AMENDED, 8-13-120, 8-13-610, 8-13-810, AND 8-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINDINGS OF THE GENERAL ASSEMBLY REGARDING ETHICS, DEFINITION OF THE TERM `SUPERVISORY OFFICE', DUTIES OF THE STATE ETHICS COMMISSION, FILING OF A STATEMENT OF ECONOMIC INTERESTS, FILING THE STATEMENT BEFORE TAKING OATH OR COMMENCING EMPLOYMENT, AND REPORTING ON NAME OF, PURCHASES BY, OR GIFTS FROM LOBBYISTS, SO AS TO INCLUDE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION; AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8 RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES.

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

SECTION 1. The first paragraph of Section 8-13-10 of the 1976 Code is amended to read:

"The General Assembly hereby finds and declares that elected public office and public employment is a public trust and any effort to realize personal gain through official conduct is a violation of that trust. It further finds that the people of South Carolina want legislation to insure that conflicts of interest of public officials and employees be eliminated to the extent possible and that violations of rules of ethical conduct be investigated and punished where appropriate. The General Assembly further finds that based on research of ethics legislation in other states such this legislation must be drawn in a manner to prevent the use of such this legislation for political purposes or to maliciously damage the reputations of elected public officials and public employees. It further finds that based on an opinion of the Attorney General dated May 14, 1975, such legislation must preserve the constitutional right of the General Assembly to judge the qualifications of its members. To accomplish the purposes hereinabove enumerated in this section, the General Assembly has determined to enact the legislation provided for in this chapter."

SECTION 2. Section 8-13-20(k) of the 1976 Code is amended to read:

"(k) `Supervisory office' means the State Ethics Commission for all candidates for public office in this State except for those candidates for the office of State senator or State Representative, and means the Senate Ethics Committee for candidates for the office of State Senator and means the House of Representatives Ethics Committee for candidates for the office of State Representative;".

SECTION 3. The first paragraph of Section 8-13-120(e) of the 1976 Code is amended to read:

"To make investigations with respect to statements filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such the statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall must be investigated by the State Ethics Commission and a determination made thereon on them. Provided, however, that However, no complaint shall may be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to before any election in which he is a candidate and any complaint filed against such the candidate which was received more than fifty days prior to before such election shall must be disposed of by the commission or by dismissal of such complaint not less than forty days prior to before the election. The provisions of the above proviso shall previous sentence do not apply to complaints received concerning candidates who qualify within fifty days of an election."

SECTION 4. Section 8-13-610(b) of the 1976 Code is amended to read:

"(b) No person who is a candidate for public office which is filled by election by the General Assembly or with the advice and consent of the Senate or the General Assembly shall may be voted upon by the General Assembly or either house thereof until at least ten days following the date on which such candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and Chairman of the House of Representatives Ethics Committee, as appropriate State Ethics Commission."

SECTION 5. The first paragraph of Section 8-13-810 of the 1976 Code is amended to read:

"No member of the General Assembly, or elected public official, regardless of compensation, and no public employee or appointed official as designated below, regardless of compensation, shall be is allowed to take the oath of office or enter upon his duties of employment unless he has filed a statement of economic interests in accordance with the provisions of this chapter at the office of the State Ethics Commission, the Chairman of the Senate Ethics Committee or the Chairman of the House of Representatives Ethics Committee as may be appropriate. The State Ethics Commission and the Senate Ethics Committee and House of Representatives Ethics Committee shall forward a copy of each statement filed with it to the clerk of court in the county of residence of the member, official, or employee. If members of the General Assembly or public officials and employees referred to in this section have no economic interests as defined in item (g) of Section 8-13-20(g) they shall nevertheless file a negative report to that effect with the entity with which reports are to be filed. All disclosure statements shall be are matters of public record open to inspection upon request."

SECTION 6. Section 8-13-830 of the 1976 Code is amended to read:

"Section 8-13-830. In addition to the statement of economic interests required pursuant to Section 8-13-810, all persons required to file such the statements shall further report to the State Ethics Commission or appropriate legislative committee the name of any person he knows to be a lobbyist as defined in Section 2-17-20 of the 1976 Code and knows that such the lobbyist or the entity he represents has in the previous calendar year purchased from him, any member of his household, or from his business, goods or services in an amount in excess of two hundred dollars. Gifts from a lobbyist or the entity he represents in a value of more than one hundred dollars shall also must be reported at the same time."

SECTION 7. Article 5, Chapter 13, Title 8 of the 1976 Code is repealed.

SECTION 8. This act takes effect upon approval by the Governor.

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