Current Status Introducing Body:House Bill Number:4727 Primary Sponsor:Beasley Type of Legislation:GB Subject:Ethics, provisions Residing Body:House Computer Document Number:436/12371.DW Introduced Date:Apr 14, 1992 Last History Body:House Last History Date:Jun 04, 1992 Last History Type:Debate adjourned Scope of Legislation:Statewide All Sponsors:Beasley Wright Rama Felder Wofford Keegan McCraw Baxley H. Brown P. Harris Smith Nettles Wilder McLeod Hendricks Council Townsend Phillips A. Young G. Brown Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
4727 House Jun 04, 1992 Debate adjourned
4727 House Jun 02, 1992 Debate adjourned Until
Thursday, June 4, 1992
4727 House May 27, 1992 Debate adjourned until
Tuesday, June 2, 1992
4727 House May 19, 1992 Committee Report: Favorable 25
with amendment
4727 House Apr 14, 1992 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 19, 1992
H. 4727
Introduced by REPS. Beasley, Wright, Rama, Felder, Wofford, Keegan, McCraw, Baxley, H. Brown, P. Harris, Smith, Nettles, Wilder, McLeod, Hendricks, Council, Townsend, Phillips, A. Young and G. Brown
S. Printed 5/19/92--H.
Read the first time April 14, 1992.
To whom was referred a Bill (H. 4727), to amend Section 2-17-10, as amended, Code of Laws of South Carolina, 1976, relating to definitions regarding lobbyists and lobbying, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately numbered Section to read:
/SECTION __. Section 8-13-1318(1) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(1) within the contribution limits applicable to the last election in which the candidate sought the elective office for which the debt was incurred, but not more than the limits provided in Section 8-13-1314; and"/
Amend further, as and if amended, Section 2-17-10(14), as contained in SECTION 2, page 4, line 14, by inserting after /body/ /or to the subject matter/so that when amended Section 2-17-10(14) shall read:
/"(14) `Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is deemed a lobbyist's principal only as to the public office or public body or to the subject matter to which he has authorized a lobbyist to engage in lobbying."
Amend further, as and if amended, page 5, lines 16 through 42, by striking SECTION 6, in its entirety.
Amend further, as and if amended, Section 2-17-80(A), as contained in SECTION 8, page 6, line 38, by inserting after /facilitate,/ /, deliver,/ so that when amended Section 2-17-80(A) shall read:
/"(A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, deliver, or provide to or on behalf of any 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 any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7)."/
Amend further, as and if amended, Section 2-17-90(A), as contained in SECTION 9(A), page 7, line 15, by inserting after /facilitate,/ /, deliver,/ so that when amended Section 2-17-90(A) shall read:
/"(A) Except as otherwise provided under Section 2-17-100, no lobbyist's principal may offer, solicit, facilitate, deliver, or provide to a public official or public employee, and no public official or public employee any 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, and none of these public officials or public employees may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except for:
(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups;
(2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;
(3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;
(4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;
(5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;
(6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:
(a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;
(b) any statewide constitutional officer, in the case of himself or any of his employees;
(c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or
(d) the Speaker of the House, in the case of a member of the House of Representatives or its employees."/
Amend further, as and if amended, in Section 2-17-110(I), as contained in SECTION 9(B), page 8, line 35, by inserting after /offer,/ /deliver,/ and inserting immediately after line 42:
/(C) Section 2-17-110(D) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(D) A lobbyist may not serve as a member of a state board or state commission when the selection process involves an election by or approval of the General Assembly, except that any lobbyist serving as a member of a state board or state commission before January 1, 1991 1992, who was elected or approved by the General Assembly or by a public official, may continue to serve as a member of the same state board or state commission until the end of his current term."/
Renumber sections to conform.
Amend title to conform.
DAVID H. WILKINS, for Committee.
TO AMEND SECTION 2-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS REGARDING LOBBYISTS AND LOBBYING, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 17 OF TITLE 2, AND TO LIMIT THE DEFINITION OF "LOBBYIST'S PRINCIPAL" TO THOSE BRANCHES AND AGENCIES OF GOVERNMENT TO WHICH A PERSON HAS AUTHORIZED A LOBBYIST TO LOBBY; TO AMEND SECTIONS 2-17-20, AS AMENDED, AND 2-17-25, RELATING TO THE REQUIREMENT THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS REGISTER WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT A LOBBYIST PRESENT TO THE SECRETARY OF STATE WITH HIS REGISTRATION FEE A COMMUNICATION REFLECTING THE AUTHORITY OF THE REGISTRANT TO REPRESENT THE PERSON BY WHOM HE IS EMPLOYED, APPOINTED, OR RETAINED AND REQUIRE LOBBYISTS AND LOBBYIST'S PRINCIPALS TO IDENTIFY THE PUBLIC OFFICE OR PUBLIC BODY IN WHICH LOBBYISTS WILL BE AUTHORIZED TO ENGAGE IN LOBBYING ON BEHALF OF THE LOBBYIST'S PRINCIPALS; TO AMEND SECTION 2-17-45, RELATING TO THE REQUIREMENT THAT AN ENTITY WHICH RANKS OR RATES THE ACTIONS, VOTE, OR FAILURE TO ACT OR VOTE, OF THE GOVERNOR, THE LIEUTENANT GOVERNOR, A MEMBER OR COMMITTEE OF THE GENERAL ASSEMBLY AS TO ANY ACTION OR FAILURE TO ACT OR VOTE BY THESE PUBLIC OFFICIALS FILE A REPORT WITH THE SECRETARY OF STATE, SO AS TO DELETE THE REQUIREMENT THAT THE REPORT CONTAIN EACH MEMBER OF THE ENTITY WHO IS A MEMBER OF THE GENERAL ASSEMBLY AND EACH MEMBER OF THE ENTITY WHO IS A LOBBYIST OR LOBBYIST'S PRINCIPAL; TO AMEND SECTION 2-17-60, AS AMENDED, RELATING TO THE DUTIES OF THE SECRETARY OF STATE UNDER THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE HIM TO ISSUE ADVISORY OPINIONS IN ALL MATTERS AFFECTING THIS CHAPTER; TO AMEND SECTIONS 2-17-80, 2-17-90, AND 2-17-110, RELATING TO THE PROHIBITION AGAINST A LOBBYIST OR LOBBYIST'S PRINCIPAL SOLICITING, FACILITATING, OR PROVIDING LODGING, TRANSPORTATION, ENTERTAINMENT, FOOD, BEVERAGE, MONEY, OR ANYTHING OF VALUE TO CERTAIN PUBLIC OFFICIALS, AND THE PROHIBITION AGAINST A LOBBYIST, A LOBBYIST'S PRINCIPAL, OR A PERSON ACTING ON BEHALF OF A LOBBYIST OR LOBBYIST'S PRINCIPAL FROM OFFERING, FACILITATING, OR PROVIDING A LOAN TO OR ON BEHALF OF CERTAIN PUBLIC OFFICIALS, SO AS TO DELETE THE REFERENCES TO "FACILITATE" AND "PUBLIC EMPLOYEE"; TO AMEND SECTION 2-17-150, RELATING TO THE STATUTE OF LIMITATIONS ON A VIOLATION OF THE PROVISIONS OF CHAPTER 17 OF TITLE 2, SO AS TO AUTHORIZE THE ATTORNEY GENERAL TO HAVE EXCLUSIVE JURISDICTION TO PROSECUTE VIOLATIONS UNDER THIS CHAPTER; TO AMEND SECTION 8-13-100, RELATING TO DEFINITIONS REGARDING ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM, SO AS TO DELETE THE NOMINAL VALUE REQUIREMENT OF THE EDUCATION MATERIAL EXCLUSION FROM THE "ANYTHING OF VALUE" DEFINITION IF THE MATERIAL IS NOT OFFERED OR PROVIDED WITH THE INTENT TO EVADE THE RESTRICTIONS OF CHAPTER 13 OF TITLE 8; TO AMEND SECTION 8-13-320, RELATING TO THE POWERS OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT ADVISORY OPINIONS OF THE COMMISSION ARE BINDING ON IT IN ANY SUBSEQUENT CHARGES CONCERNING OTHER PERSONS WHO REASONABLY RELIED UPON AN ADVISORY OPINION IN GOOD FAITH; TO AMEND SECTIONS 2-17-100 AND 8-13-715, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR A PUBLIC EMPLOYEE RECEIVING ANYTHING OF VALUE FOR SPEAKING BEFORE A PUBLIC OR PRIVATE GROUP WHILE ACTING IN AN OFFICIAL CAPACITY, SO AS TO DELETE REFERENCES TO "PUBLIC EMPLOYEE" AND AUTHORIZE THESE PERSONS TO HAVE PAYMENTS MADE ON THEIR BEHALF FOR ACTUAL EXPENSES INCURRED FOR A SPEAKING ENGAGEMENT; TO AMEND SECTION 8-13-740, RELATING TO THE PROHIBITION AGAINST A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OR CERTAIN PERSONS WITH WHOM THESE PERSONS ARE ASSOCIATED FROM KNOWINGLY REPRESENTING ANOTHER PERSON BEFORE A GOVERNMENTAL ENTITY, SO AS TO CLARIFY THE PROVISIONS THAT PROHIBIT THE PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE OF A COUNTY OR MUNICIPALITY FROM KNOWINGLY REPRESENTING A PERSON BEFORE ANY AGENCY UNIT OR SUBUNIT OF THAT COUNTY OR MUNICIPALITY; AND TO AMEND SECTION 8-13-1312, RELATING TO THE PROHIBITION AGAINST A CANDIDATE ESTABLISHING MORE THAN ONE CAMPAIGN CHECKING ACCOUNT AND ONE SAVINGS ACCOUNT, SO AS TO AUTHORIZE THE CANDIDATE TO ESTABLISH MORE THAN ONE CAMPAIGN SAVINGS ACCOUNT WHICH MUST BE REPORTED PURSUANT TO THE PROVISIONS OF SECTION 8-13-1360.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) Section 2-17-10(1)(b)(iv) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities, so long as the educational material is not offered or provided with the intent to evade the restrictions of this chapter;"
(B) Section 8-13-100(1)(b)(iv) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities, so long as the educational material is not offered or provided with the intent to evade the restrictions of this chapter;"
SECTION 2. Section 2-17-10(14) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(14) `Lobbyist's principal' means the person on whose behalf and for whose benefit the lobbyist engages in lobbying and who directly employs, appoints, or retains a lobbyist to engage in lobbying. However, a lobbyist's principal does not include a person who belongs to an association or organization that employs a lobbyist, nor an employee, officer, or shareholder of a person who employs a lobbyist. If a membership association or organization is a lobbyist's principal, the association or organization must register and report under the provisions of this chapter. A person is deemed a lobbyist's principal only as to the public office or public body to which he has authorized a lobbyist to engage in lobbying."
SECTION 3. Section 2-17-20(A) of the 1976 Code is amended to read:
"(A) Any person who acts as a lobbyist shall, within fifteen days of being employed, appointed, or retained as a lobbyist, register with the Secretary of State as provided in this section. Each person registering shall pay a fee of fifty dollars and present to the Secretary of State a communication reflecting the authority of the registrant to represent the person by whom he is employed, appointed, or retained. If a partnership. committee, association, corporation, labor organization, or any other organization or group of persons registers as a lobbyist, then it must identify each person who will act as a lobbyist on its behalf during the covered period. There is no registration fee for a lobbyist who is a full-time employee of a state agency and limits his lobbying to efforts on behalf of that particular state agency."
SECTION 4. Section 2-17-20(B)(2) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(2) an identification of the public office or public body and the subject matter in which the lobbyist will engage in lobbying, including the name of legislation, covered agency, actions, or covered gubernatorial actions, if known; and"
SECTION 5. Section 2-17-25(B)(3) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(3) an identification of the public office or public body and the subject matter in which the lobbyist's principal will authorize lobbying, including the name of legislation, covered agency actions, or covered gubernatorial actions, if known; and"
SECTION 6. Section 2-17-45 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-45. An entity which ranks or rates the actions, vote, or failure to act or vote of the Governor, the Lieutenant Governor, or a member or committee of the General Assembly as to any action, vote, or failure to act or vote by these public officials and which disseminates its rankings or ratings to the general public must no later than April first of each year file a report with the Secretary of State. The provisions of this section do not apply to an entity whose primary business is the publication of a newspaper or other periodical or the production of electronic media programming or to a private membership organization which disseminates its rankings or ratings only to its own membership. The entity shall file the report on a form prescribed by the Secretary of State which must contain the full name, address, and telephone number of:
(1) the entity; and
(2) each officer and director of the entity;.
(3) each member of the entity who is a member of the General Assembly; and
(4) each member of the entity who is a lobbyist or a lobbyist's principal."
SECTION 7. (A) Section 2-17-60(6) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(6) to have information, compiled and summarized, made available for public inspection and copying within thirty days after the close of each filing period.;"
(B) Section 2-17-60 of the 1976 Code, as last amended by Act 248 of 1991, is further amended by adding:
"(7) to issue, upon request from persons covered by this chapter, and publish advisory opinions on the requirements of this chapter, based on real or hypothetical sets of circumstances. An opinion rendered by the Secretary of State, until amended or revoked, is binding on him in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith unless material facts were omitted or misstated by the person in the request for the opinion. Advisory opinions of the Secretary of State, until amended or revoked, are binding on him in any subsequent charges concerning other persons who reasonably relied upon an advisory opinion in good faith. Advisory opinions must be in writing and must be made available to the public unless the Secretary of State determines that an opinion must remain confidential. The identities of the parties involved must be withheld upon request."
SECTION 8. Section 2-17-80(A) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any 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 any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7)."
SECTION 9. (A) Section 2-17-90(A) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(A) Except as otherwise provided under Section 2-17-100, no lobbyist's principal may offer, solicit, facilitate, or provide to a public official or public employee, and no public official or public employee any 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, and none of these public officials or public employees may accept lodging, transportation, entertainment, food, meals, beverages, or an invitation to a function paid for by a lobbyist's principal, except for:
(1) as to members of the General Assembly, a function to which a member of the General Assembly is invited if the entire membership of the House, the Senate, or the General Assembly is invited, or one of the committees, subcommittees, joint committees, legislative caucuses, or county legislative delegations of the General Assembly of which the legislator is a member is invited. However, the Speaker of the House and Speaker Pro Tempore of the House may be included in an invitation to one of the above groups;
(2) as to a public official of a state agency, board, or commission, a function to which an official of a state agency, board, or commission is invited if the entire board or commission of which the public official is a member is invited;
(3) as to public employees, except for public employees of any statewide constitutional officer, a function to which a public employee is invited if a public official of the agency or department by which the public employee is employed also is invited under another provision of this section;
(4) as to public employees of any statewide constitutional officer, a function to which all statewide constitutional officers are invited;
(5) as to statewide constitutional officers, a function to which a statewide constitutional officer is invited;
(6) as to public officials or public employees, activities reasonably and directly related to state or local economic development efforts. However, the public official or public employee first must obtain prior written approval from:
(a) the Governor, in the case of any of his employees or of any public officials of any state agencies or any of their employees which are not listed in a subitem below;
(b) any statewide constitutional officer, in the case of himself or any of his employees;
(c) the President Pro Tempore of the Senate, in the case of any member of the Senate or its employees; or
(d) the Speaker of the House, in the case of a member of the House of Representatives or its employees."
(B) Section 2-17-110(I) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(I) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal may not offer, facilitate, or provide a loan to or on behalf of a statewide constitutional officer or a member of the General Assembly unless the lobbyist's principal is a financial institution authorized to transact business in the State jurisdiction in which it operates and makes the loan in the ordinary course of business."
SECTION 10. Section 2-17-150 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-150. The Attorney General has exclusive jurisdiction to prosecute violations under this chapter. A prosecution for a violation of the provisions of this chapter must be commenced no later than four years after the date the violation is alleged to have occurred unless a person, who by fraud or other device, prevents discovery of the violation."
SECTION 11. Section 8-13-320(11) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(11) to issue, upon request from persons covered by this chapter, and publish advisory opinions on the requirements of this chapter, based on real or hypothetical sets of circumstances; provided, that an opinion rendered by the commission, until amended or revoked, is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith unless material facts were omitted or misstated by the person in the request for the opinion; provided, further, that advisory opinions of the commission until amended or revoked are binding on the commission in any subsequent charges concerning other persons who reasonably relied upon an advisory opinion in good faith. Advisory opinions must be in writing and are considered rendered when approved by five or more commission members subscribing to the advisory opinion. Advisory opinions must be made available to the public unless the commission, by majority vote of the total membership of the commission, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request;"
SECTION 12. (A) Section 2-17-100 of 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 2-17-100. A public official or a public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. Notwithstanding the limitations of Section 2-17-90, a public official may have payment made on his behalf or receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. The payment or reimbursement must be disclosed by the lobbyist's principal as required by Section 2-17-35 and by any public official who is required to file a statement of economic interests under Section 8-13-1100. If the expenses are incurred out of state, the public official incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of any public official of any state agency who is not listed in a subitem below;
(2) any statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate; or
(4) the Speaker of the House, in the case of a member of the House of Representatives."
(B) Section 2-17-110(H) of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"(H) A lobbyist, a lobbyist's principal, or a person acting on behalf of a lobbyist or a lobbyist's principal shall not pay an honorarium to a public official or a public employee. This subsection does not prohibit the reimbursement of or expenditure for actual expenses by a lobbyist's principal as allowed in Section 2-17-100."
(C) Section 8-13-715 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-715. A public official, or public member, or public employee acting in an official capacity may not receive anything of value for speaking before a public or private group. Notwithstanding the limitations of Section 2-17-90, a public official or public member may have payment made on his behalf or receive payment or reimbursement for actual expenses incurred for a speaking engagement. The expenses must be reasonable and must be incurred in a reasonable time and manner in which to accomplish the purpose of the engagement. If the expenses are incurred out of state, the public official or public member incurring the expenses must receive prior written approval for the payment or reimbursement from:
(1) the Governor, in the case of a public official of a state agency who is not listed in an item in this section;
(2) a statewide constitutional officer, in the case of himself;
(3) the President Pro Tempore of the Senate, in the case of a member of the Senate;
(4) the Speaker of the House, in the case of a member of the House of Representatives; or
(5) the chief executive of the governmental entity in all other cases."
SECTION 13. Section 8-13-740(A)(4) and (5) of the 1976 Code, as added by Act 248 of 1991, are amended to read:
"(4) (a) A public official, public member, or public employee of a county, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that county except:
(a) (i) as required by law; or
(b) (ii) before a court under the unified judicial system.
(b) A public member or public employee of a county, an individual with whom the public member, public employee is associated, or a business with which the public member or public employee is associated may not knowingly represent another person before the same unit or division of the government entity for which the public member or public employee has official responsibility, except as otherwise required by law.
(5) (a) A public official, public member, or public employee of a municipality, an individual with whom the public official, public member, or public employee is associated, or a business with which the public official, public member, or public employee is associated may not knowingly represent a person before any agency, unit, or subunit of that municipality except as required by law.
(b) A public member or public employee of a municipality, an individual with whom the public member or public employee is associated, or a business with which the public member or public employee is associated may not knowingly represent another person before the same unit or division of the government entity for which the public member or public employee has official responsibility, except as otherwise required by law."
SECTION 14. Section 8-13-1312 of the 1976 Code, as added by Act 248 of 1991, is amended to read:
"Section 8-13-1312. A candidate may not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee may not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, A candidate also may establish savings accounts, certificates of deposit or other interest bearing instruments which must be reported pursuant to Section 8-13-1360 are not considered separate accounts. A candidate's accounts must be established in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within ten days after receipt, the contribution must be remitted to the Children's Trust Fund."
SECTION 15. This act takes effect upon approval by the Governor.