Amend the committee amendment bearing the document path JUD0001.026, as and if amended, by striking SECTION 10 and inserting:
/ SECTION 10. Section 8-13-310 of the 1976 Code is amended to read:
"Section 8-13-10.(A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment 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)(A) There is created the State Ethics Commission composed of nine eight members of which:
(1) four members must be appointed by the Governor, upon the advice and consent of the General Assembly no more than two of whom are members of the appointing Governor's political party. These appointments must be found qualified by the Ethics Merit Selection Authority;
(2) one member must be nominated by the Senate Majority Leader, and one member must be nominated by the Senate Minority Leader of the largest minority party. These nominees must be found qualified by the Ethics Merit Selection Authority and confirmed by the Senate prior to serving on the State Ethics Commission; and
(3) one member must be nominated by the House Majority Leader, and one member must be nominated by the House Minority Leader of the largest minority party. These nominees must be found qualified by the Ethics Merit Selection Authority and confirmed by the House prior to serving on the State Ethics Commission.
(B) The Ethics Merit Selection Authority shall investigate each appointee to the State Ethics Commission. The Ethics Merit Selection Authority must find each appointee qualified prior to an appointee becoming a member of the State Ethics Commission. Investigations and consideration by the authority should include, but are not limited to, the following areas:
(1) ethical fitness;
(2) professional and academic ability;
(3) character;
(4) reputation;
(5) physical health;
(6) mental stability;
(7) experience; and
(8) judicial temperament.
(C)(1) Upon completion of the investigation, the chairman of the Ethics Merit Selection Authority shall schedule a public hearing concerning the qualifications of the appointees to the State Ethics Commission. Any person who desires to testify at the hearing, including appointees, shall furnish a written statement of his proposed testimony to the authority no later than two weeks prior to the date and time set for the hearing unless sufficient cause is determined by the Ethics Merit Selection Authority for allowing the submitting individual's testimony after the deadline. The authority shall determine the persons who shall testify at the hearing. All testimony, including documents furnished to the authority, must be submitted under oath and persons knowingly furnishing false information either orally or in writing are subject to the penalties provided by law for perjury and false swearing.
(2) During the course of the investigation, the authority may schedule an executive session at which each appointee, and other persons whom the authority wishes to interview, may be interviewed by the authority on matters pertinent to the appointee's qualification for the State Ethics Commission.
(3) A reasonable time thereafter the authority shall render its tentative findings as to whether the appointee is qualified for the State Ethics Commission and its reasons therefor as to each appointee.
(4) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact shall be made available to the Governor, members of the House of Representatives and Senate and to the public.
(5) An appointee may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his appointment shall be made. All materials concerning that appointee and other information gathered during the authority's investigation must be kept confidential and destroyed as soon as possible after the appointee's written notification to the authority of his withdrawal. The information concerning a withdrawn appointee also shall be exempt from disclosure pursuant to Chapter 4 of Title 30.
(D) The following are not eligible to serve on the State Ethics Commission:
(1) a member of the General Assembly;
(2) a former member of the General Assembly within eight years following the termination of his service in the General Assembly;
(3) a former Governor within eight years following the termination of his service as Governor;
(4) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor;
(5) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the individual who appointed the person to serve on the State Ethics Commission;
(6) a person who registered as a lobbyist within four years of being appointed to serve on the State Ethics Commission;
(7) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee; and
(8) a member of the Ethics Merit Selection Authority.
No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission.
The Governor shall make the appointments 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)(E) The terms of the members of the State Ethics Commission are for five years and until their successors are appointed and qualify. The terms of the members serving as of the effective date of this Act expire on March 31, 2016; however, a member who is serving at that time may be reappointed pursuant to this subsection. For the initial appointments made by the Governor, two shall be for a term of two years, the third shall be for a term of four years, and the fourth shall be for a full five year term. For the initial appointments made by the leadership of the House of Representatives, the member appointed by the House Majority Leader shall be for a full five-year term, and the member appointed by the House Minority Leader of the largest minority party shall be for a three year term. For the initial appointments made by the leadership of the Senate, the member appointed by the Senate Majority Leader shall be for a three-year term, and the member appointed by the Senate Minority Leader of the largest minority party shall be for a full five-year term. The initial members who have served terms that are less than five years are eligible to be reappointed for one full five year term. 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 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 for the unexpired portions of the term only. Members of the commission who serve less than a full five-year term may be reappointed for one full five year term, if they are screened and deemed qualified by the Ethics Merit Selection Authority prior to their reappointment. Members of the commission who have completed a full five-year term are not eligible for reappointment. A member shall not serve on the commission in hold-over status after the member's term expires.
(D)(F) 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.
(H)(1) A commission member appointed by the Governor may be removed from office by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity, pursuant to Section 1-3-240.
(2) A commission member nominated by the Majority and Minority Leaders of the House of Representatives and Senate may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon a finding by the Senate or House Ethics Committee, as appropriate, and the concurrence of two thirds of the membership of the nominating body."
Further amend committee amendment bearing the document path JUD0001.026, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-315(A). There is created an Ethics Merit Selection Authority composed of nine members who shall be appointed in the manner prescribed in this section. The Ethics Selection Authority shall consider the qualifications of individuals nominated for appointment to the State Ethics Commission. The authority, at its first meeting, shall elect a chairman and a vice chairman and adopt rules necessary to the purposes of the authority. A member may succeed himself as chairman or vice chairman. Five members of the authority constitute a quorum at all meetings. The rules adopted at the authority's first meeting shall address, among other things:
(1) the confidentiality of records and other information received concerning appointees for the State Ethics Commission;
(2) the conduct of proceedings before the authority;
(3) receipt of public statements in support of or in opposition to any of the individuals to be nominated for appointment to the State Ethics Commission;
(4) procedures to review the qualifications individuals to be nominated for appointment to the State Ethics Commission;
(5) prohibition against appointees communicating with individual members of the authority concerning the qualifications of appointees unless specifically authorized by the authority.
(B) Notwithstanding any other provision of law, the Ethics Merit Selection Authority shall consist of the following individuals:
(1) three members appointed by the Speaker of the House of Representatives and of these appointments:
(a) two members must be members of the General Assembly appointed in consultation with the House Majority and Minority leaders; and
(b) one member must be selected from the general public.
(2) three members appointed by the President Pro Tempore of the Senate and of these appointments:
(a) two members must be members of the General Assembly appointed in consultation with the Senate Majority and Minority leaders; and
(b) one member must be selected from the general public.
(3) three members appointed by the Governor:
(a) of these appointments no more than two may be from the Governor's political party; and
(b) at least one member must be selected from the general public.
(C) In making appointments to the authority, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State.
(D) The term of office of a member of the authority who is not a member of the General Assembly shall be for four years subject to a right of removal at any time by the person appointing him, and until his successor is appointed and qualifies. The General Assembly members of the authority shall serve for the term of office to which he has been elected.
(E) A vacancy on the Ethics Merit Selection Authority must be filled for the remainder of the unexpired term in the same manner as provided for the original selection.
(F) No member of the authority shall receive any compensation for authority services, except those set by law for travel, board, and lodging expenses incurred in the performance of authority duties.
(G) No member of the Ethics Merit Selection Authority is eligible for nomination and appointment as a member of the State Ethics Commission while serving on the commission and for a period of eight years thereafter.
(H) All records, information, and other material that the Ethics Merit Selection Authority has obtained or used to make its findings of fact, except materials, records, and information presented under oath at the public hearing, must be kept strictly confidential. After the authority has reported its findings of fact, all records, information, and material required to be kept confidential must be destroyed. The information required to be kept confidential also shall be exempt from disclosure pursuant to Chapter 4 of Title 30.
(I)(1) The Ethics Merit Selection Authority in the discharge of its duties may administer oaths and affirmations, take depositions, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records considered necessary in connection with the investigation of an appointee.
(2) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the Ethics Merit Selection Authority on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. But no individual shall be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
(3) In case of contumacy by any person or refusal to obey a subpoena issued to any person, any circuit court of this State or circuit judge thereof within the jurisdiction of which the person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the Ethics Merit Selection Authority may issue to this person an order requiring him to appear before the authority to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. Subpoenas shall be issued in the name of the Ethics Merit Selection Authority and shall be signed by the commission chairman. Subpoenas shall be issued to those persons as the authority may designate." /
Renumber sections to conform.
Amend title to conform.