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Current Status Bill Number:View additional legislative information at the LPITS web site.676 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990331 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:l:\s-jud\bills\bryan\jud0041.jeb.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Ethics Commission, members to be elected by General Assembly instead of appointment by Governor History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000502 Recommitted to Committee 11 SJ Senate 19990421 Read second time, notice of general amendments Senate 19990420 Committee report: Favorable 11 SJ Senate 19990331 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 20, 1999 - Word format
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COMMITTEE REPORT
April 20, 1999
S. 676
S. Printed 4/20/99--S.
Read the first time March 31, 1999.
To whom was referred a Bill (S. 676), to amend Section 8-13-310, Code of Laws of South Carolina, 1976, relating to the State Ethics Commission, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
JAMES E. BRYAN, JR., for Committee.
TO AMEND SECTION 8-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE THAT MEMBERS OF THE STATE ETHICS COMMISSION MUST BE ELECTED BY THE GENERAL ASSEMBLY RATHER THAN APPOINTED BY THE GOVERNOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-310 of the 1976 Code is amended to read:
"Section 8-13-310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment election and qualification of the at-large members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to 'this chapter' in Article 3 of Chapter 13 of Title 8 to 'this chapter and Chapter 17 of Title 2'.
(B) There is created the State Ethics Commission composed of nine members appointed by the Governor, upon the advice and consent of screened and elected by the General Assembly in accordance with Chapter 20 of Title 2. One member shall represent each of the six congressional districts, and three members must be appointed elected from the State at large. No member of the General Assembly or other public official shall be eligible to serve on the State Ethics Commission. The Governor General Assembly shall make the appointments elect candidates based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina.
(C) (B) The terms of the members are for five years and until their successors are appointed elected and qualify. The members of the State Ethics Commission serving on this chapter's effective date may continue to serve until the expiration of their terms. These members may then be appointed elected to serve one full five-year term under the provisions of this chapter. Members representing the first, third, and sixth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1991. Members currently representing the second, fourth, and fifth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1993. The initial appointments for the at-large members of the commission created by this chapter must be for a one-, two-, or three-year term, but these at-large members are eligible subsequently for a full five-year term. Under this section, the at-large members of the commission are to be appointed to begin service on or after July 1, 1992. Vacancies must be filled in the manner of the original appointment by election for the unexpired portion of the term only; however, if the unexpired term does not exceed one year, the vacancy may be filled by the Governor. Members A member of the commission who have completed has been elected to a full five-year term are is not eligible for reappointment reelection.
(D) (C) The commission shall elect a chairman, a vice-chairman, and such other officers as it considers necessary. Five members of the commission shall constitute a quorum. The commission must adopt a policy concerning the attendance of its members at commission meetings. The commission meets at the call of the chairman or a majority of its members. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as is provided by law for members of state boards, committees, and commissions."
SECTION 2. This act takes effect upon approval by the Governor.
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