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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
January 24, 2007
H. 3226
S. Printed 1/24/07--H.
Read the first time January 11, 2007.
To whom was referred a Bill (H. 3226) 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, 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 striking all after the enacting words and inserting:
/SECTION 1. Section 8-13-740(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding:
"(8) A state, county, and municipal public official, public member, and public employee, including a person serving on an agency, unit, or subunit of a governmental entity involved in a conflict of interest regarding representation of another person as provided by this section must comply 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. A person involved in a conflict of interest regarding representation of another person as provided in this section can not be forced to vacate his seat or position if the recusal requirements of Section 8-13-700(B) have been met.
(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 legal occupation."
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, 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 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."
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, 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 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. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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, AND 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, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-740(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding:
"(8) A state, county, and municipal public official, public member, and public employee, including a person serving on an agency, unit, or subunit of a governmental entity involved in a conflict of interest regarding representation of another person as provided by this section must comply 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. A person involved in a conflict of interest regarding representation of another person as provided in this section can not be forced to vacate his seat or position if the recusal requirements of Section 8-13-700(B) have been met.
(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, familial status, disability, or legal occupation."
SECTION 2. This act takes effect upon approval by the Governor.
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