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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 29, 2010
H. 3854
S. Printed 4/29/10--H.
Read the first time April 1, 2009.
TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, SO AS TO REVISE CERTAIN CHAPTERS AND SECTIONS PERTAINING TO VARIOUS TAX MATTERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-940. (A)(1) A candidate for or person intending to become a candidate for the Department of Workforce Appellate Panel may not directly or indirectly seek the pledge of a member of the General Assembly's vote or directly or indirectly contact a member of the General Assembly regarding screening for that panel until:
(a) the qualifications of all candidates for that office have been determined by the Department of Workforce Review Committee; and
(b) the review committee has released formally to the General Assembly its report regarding the qualifications of all candidates for the office.
(2) For purposes of this section, 'indirectly seeking a pledge' means a candidate, or someone acting on behalf of and at the request of the candidate, who requests a person to contact a member of the General Assembly on his behalf before the review committee has released formally to the General Assembly its report regarding the qualifications of all candidates for the office.
(3) A prohibition in this section extends to no announcement of candidacy by the candidate or statement by the candidate detailing his qualifications.
(B) A member of the General Assembly may not offer his pledge to a candidate or potential candidate for the Department of Workforce Appellate Panel until:
(1) the qualifications of all candidates for that panel have been determined by the Department of Workforce Review Committee; and
(2) the review committee has released formally to the General Assembly its report regarding the qualifications of all candidates for the office. The committee's formal release of this report must occur no earlier than forty-eight hours after the names of all candidates found qualified by the review committee have been released initially to the General Assembly.
(C) A member of the General Assembly may not trade a thing of value, including a pledge to vote for legislation or for another candidate, in exchange for another member's pledge to vote for a candidate for the Department of Workforce Appellate Panel.
(D)(1) A violation of this section by:
(a) a member of the General Assembly:
(i) may be considered by the Department of Workforce Review Committee when it considers the candidate's qualifications; and
(ii) must be reported by the review committee to the House or Senate Ethics Committee, as applicable; and
(b) an incumbent appellate panelist seeking reelection must be reported by the Department of Workforce and the Department of Workforce Appellate Panel to the State Ethics Commission.
(2) A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days.
(3) A case tried for a violation of this section may not be transferred from general sessions court pursuant to Section 22-3-545."
SECTION 2. This act takes effect upon approval by the Governor.
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