Amend the bill, as and if amended, by striking Section 8-13-410 of the 1976 Code, as contained in SECTION 2, and inserting:
/ Section 8-13-410. (A)
There is created the South Carolina
Commission on Ethics Enforcement and Disclosure composed of the
members provided for in this section.
(B)(1) Two members must
be elected by the House of Representatives, neither of whom may
be a public official. One member shall serve an initial term of
two years and one member shall serve an initial term of four
years, the initial terms of these members to be designated by
the House when electing these members.
(2)
Two members must be elected by the Senate, neither of whom
may be a public official. One member shall serve an initial
term of two years and one member shall serve an initial term of
four years, the initial terms of these members to be designated
by the Senate when electing these members.
(C) Four members must
be appointed by the Governor, none of whom may be a public
official. Two of these members shall be appointed for initial
terms of two years each and two of these members shall be
appointed for initial terms of four years each, the initial
terms of all of these members to be designated by the Governor
when appointing these members.
(D) Four members must
be elected by majority vote of the Supreme Court, none of whom
may be a public official. Two members shall serve initial terms
of two years each and two members shall serve initial terms of
four years each, the initial terms of these members to be
designated by the Supreme Court when electing these members.
(E) The House of
Representatives and the Senate when electing individuals to the
commission and the Governor when appointing individuals to the
commission shall ensure that one-half of the members of the
commission they elect or appoint are from the majority party
represented in the General Assembly and one-half are from the
largest minority party represented in the General Assembly.
(F)(1) The
qualifications the appointing or electing authorities shall
consider for members of the commission include, but are not
limited to:
(a)
constitutional qualifications;
(b)
ethical fitness;
(c)
character;
(d)
mental stability;
(e)
experience;
(f)
judicial temperament; and
(g)
if the person has contributed to the election campaign of
the individual appointing or nominating him to the commission
within the previous four years.
(2)
The appointing and electing authorities shall make
their selections based on merit. However, in making selections
to the commission, the appointing or electing authorities shall
ensure that race, color, gender, national origin, and other
demographic factors are considered to ensure the geographic and
political balance of the commission, and shall strive to assure
that the membership of the commission will represent, to the
greatest extent possible, all segments of the population of the
State.
(3)
The following are not eligible to serve on the
commission:
(a)
a family member, as defined by Section 8-13-100(15), of a
member of the General Assembly or the Governor;
(b)
a person who made a campaign contribution, as defined by
Section 8-13-1300(7), within the previous four years to an
individual who nominated or appointed the person to serve on the
commission;
(c)
a person who registered as a lobbyist within four years of
being nominated or appointed to serve on the commission;
(d)
a person who is under the jurisdiction of the State Ethics
Commission, House of Representatives Ethics Committee, or Senate
Ethics Committee.
(G) No person shall
serve consecutive terms on the commission, except that the
members who serve an initial term of less than four years are
eligible to serve for a single additional term of four years.
Members shall receive no compensation but shall receive the
usual mileage, subsistence, and per diem as is paid by law to
members of state boards, commission, and committees to be paid
from the approved accounts of the commission. Vacancies must be
filled in the manner of the original selection for the unexpired
portion of the term only.
(H) The chairman of the
commission must be elected by the members of the commission.
The commission may elect a vice chairman and such other officers
as it considers necessary. A majority of the members of the
commission shall constitute a quorum. The commission shall
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 may set their
own policy related to the rotation of the selection of
officers.
(I) The terms of
members of the commission begin on July first of the applicable
year and end on June thirtieth of the applicable year.
(J) The commission
shall receive such appropriations for its operations and
responsibilities as may be provided by the General Assembly in
the annual general appropriations act, in addition to the other
sources of revenue available to it as provided by law.
(K) Members of the
commission while serving on the commission may not make
political contributions in any manner prohibited by law and
shall conduct themselves in accordance with the Cannons of
Judicial Conduct. The provisions of Section 8-13-330(B) and (C)
also apply to members of the commission.
/
Renumber sections to conform.
Amend title to conform.