Amend the bill, as and if amended, by striking SECTION 1, beginning on line 34 of page 2 and inserting:
/ SECTION 1. Section 8-13-310 of the 1976 Code is amended to read:
"Section 8-13-310. (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)(1) There is created the State Ethics Commission composed of nine members of which:
(a) 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;
(b) one member must be appointed by the legislative caucus of the majority political party in the Senate;
(c) one member must be appointed by the legislative caucus of the largest minority political party in the Senate;
(d) one member must be appointed by the legislative caucus of the majority political party in the House of Representatives;
(e) one member must be appointed by the legislative caucus of the largest minority political party in the House of Representatives;
(f) one member must appointed by the Attorney General, and have prosecutorial experience.
Each appointee must be appointed with the advice and consent of the General Assembly. One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large.
(2) The terms of the members serving on the State Ethics Commission as of March 30, 2017 shall end on March 31, 2017. A member who is serving at that time and who has not completed a full five year term may be reappointed pursuant to this subsection. The initial appointments for service to begin on April 1, 2017, shall be made as follows:
(a) two members appointed by the Governor shall be appointed for a three year term;
(b) two members appointed by the Governor shall be appointed for a five year term;
(c) one member appointed by the legislative caucus of the majority political party of the Senate shall be appointed for a three year term;
(d) one member appointed by the legislative caucus of the largest minority political party of the Senate shall be appointed for a five year term;
(e) one member appointed by the legislative caucus of the majority political party of the House of Representatives shall be appointed for a five year term;
(f) one member appointed by the legislative caucus of the largest minority political party of the House of Representatives shall be appointed for a three year term; and
(g) one member appointed by the Attorney General shall be appointed for a 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.
(B)(1) The qualifications the appointing authorities shall consider for the appointees include, but are not limited to:
(a) constitutional qualifications;
(b) ethical fitness;
(c) character;
(d) mental stability;
(e) experience; and
(f) judicial temperament.
(2) In addition to other information that may be requested, candidates for appointment must provide the following information to the appointing authority, which must be shared with the General Assembly during the confirmation process:
(a) The candidate's membership in any civic, charitable, or social groups within the previous four years;
(b) Any contribution made by the candidate to a candidate for Governor or any member of the General Assembly within the previous four years; and
(c) Any contribution made by the candidate to any committee, as defined by Section 8-13-1300(6), including a noncandidate committee, within the previous four years.
(3) The appointing authorities shall make their appointments based on merit. However, in making appointments to the commission, the appointing authorities shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, 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.
(4) The following are not eligible to serve on the State Ethics Commission:
(a) a member of the General Assembly;
(b) a former member of the General Assembly within eight years following the termination of his service in the General Assembly;
(c) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor;
(d) 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;
(e) a person who registered as a lobbyist within four years of being appointed to the State Ethics Commission;
(f) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.
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) The terms of the members are for five years and until their successors are appointed and qualify. 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 portion 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. 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. An appointee shall not serve on the commission, even in interim capacity, until he has been confirmed by the General Assembly.
(D) 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.
(E)(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 appointed by a legislative caucus of the 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 Ethics Committee, and the concurrence of two-thirds of the membership of the Senate.
(3) A commission member appointed by a legislative caucus of the House of Representatives 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 House Ethics Committee, and the concurrence of two-thirds of the membership of the House of Representatives.
(4) A commission member appointed by the Attorney General may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity." /
Renumber sections to conform.
Amend title to conform.