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A10, R12, H3226
Sponsors: Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe
Document Path: l:\council\bills\bbm\9661ssp07.doc
Companion/Similar bill(s): 69
Introduced in the House on January 11, 2007
Introduced in the Senate on January 31, 2007
Last Amended on March 7, 2007
Passed by the General Assembly on March 20, 2007
Governor's Action: March 28, 2007, Vetoed
Legislative veto action(s): Veto overridden
Summary: Conflicts of interest
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2007 House Introduced and read first time HJ-276 1/11/2007 House Referred to Committee on Judiciary HJ-276 1/24/2007 House Member(s) request name added as sponsor: Mulvaney 1/24/2007 House Committee report: Favorable with amendment Judiciary HJ-4 1/25/2007 House Member(s) request name added as sponsor: Moss, Bedingfield, Lowe 1/25/2007 House Amended HJ-25 1/25/2007 House Read second time HJ-26 1/30/2007 House Read third time and sent to Senate HJ-23 1/31/2007 Senate Introduced and read first time SJ-22 1/31/2007 Senate Referred to Committee on Judiciary SJ-22 2/13/2007 Senate Recalled from Committee on Judiciary SJ-23 3/7/2007 Senate Amended SJ-28 3/7/2007 Senate Read second time SJ-28 3/7/2007 Senate Unanimous consent for third reading on next legislative day SJ-28 3/8/2007 Senate Read third time and returned to House with amendments SJ-10 3/20/2007 House Concurred in Senate amendment and enrolled HJ-27 3/22/2007 Ratified R 12 3/28/2007 Vetoed by Governor 4/11/2007 House Veto overridden by originating body Yeas-102 Nays-0 HJ-25 4/12/2007 Senate Veto overridden Yeas-37 Nays-0 SJ-6 4/16/2007 Copies available 4/16/2007 Effective date 04/12/07 5/7/2007 Act No. 10
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VERSIONS OF THIS BILL
(A10, R12, H3226)
AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.
Be it enacted by the General Assembly of the State of South Carolina:
Ethics, prohibition against removing a public official in certain circumstances
SECTION 1. Section 8-13-740(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding the following numbered subsections to read:
"(8) A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.
(9) Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."
Representation of another by a county official
SECTION 2. Section 8-13-740(A)(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(4) A public official, public member, or public employee of a county may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:
(a) as required by law; or
(b) before a court under the unified judicial system."
Representation of another by a municipal official
SECTION 3. Section 8-13-740(A)(5) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"(5) A public official, public member, or public employee of a municipality may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 22nd day of March, 2007.
Vetoed by the Governor -- 3/28/07.
Veto overridden by House -- 4/11/07.
Veto overridden by Senate -- 4/12/07.
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