H 3063 Session 109 (1991-1992)
H 3063 General Bill, By P.B. Harris
A Bill to amend Sections 8-13-10, 8-13-20, as amended, 8-13-110, 8-13-120,
8-13-610, 8-13-810, and 8-13-830, Code of Laws of South Carolina, 1976,
relating to the findings of the General Assembly regarding ethics, definition
of "supervisory office", composition and duties of the State Ethics
Commission, filing of a statement of economic interests, filing the statement
before taking oath or commencing employment, and reporting on name of,
purchases by, or gifts from lobbyists, so as to add the Chairman of the House
and Senate Judiciary Committees or their designees to the Commission and
include members of the Senate and House of Representatives under the
jurisdiction of the State Ethics Commission; and to repeal Article 5, Chapter
13 of Title 8 relating to the Senate and House of Representatives Ethics
Committees.
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Judiciary
01/08/91 House Introduced and read first time HJ-54
01/08/91 House Referred to Committee on Judiciary HJ-54
A BILL
TO AMEND SECTIONS 8-13-10, 8-13-20, AS AMENDED, 8-13-110,
8-13-120, 8-13-610, 8-13-810, AND 8-13-830, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE FINDINGS OF THE
GENERAL ASSEMBLY REGARDING ETHICS, DEFINITION OF
"SUPERVISORY OFFICE", COMPOSITION AND
DUTIES OF THE STATE ETHICS COMMISSION, FILING OF A
STATEMENT OF ECONOMIC INTERESTS, FILING THE
STATEMENT BEFORE TAKING OATH OR COMMENCING
EMPLOYMENT, AND REPORTING ON NAME OF, PURCHASES
BY, OR GIFTS FROM LOBBYISTS, SO AS TO ADD THE
CHAIRMAN OF THE HOUSE AND SENATE JUDICIARY
COMMITTEES OR THEIR DESIGNEES TO THE COMMISSION
AND INCLUDE MEMBERS OF THE SENATE AND HOUSE OF
REPRESENTATIVES UNDER THE JURISDICTION OF THE STATE
ETHICS COMMISSION; AND TO REPEAL ARTICLE 5, CHAPTER
13 OF TITLE 8 RELATING TO THE SENATE AND HOUSE OF
REPRESENTATIVES ETHICS COMMITTEES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-13-10 of the 1976 Code is amended to read:
"Section 8-13-10. The General Assembly hereby
finds and declares that elected public office and public
employment is are a public trust and any effort to
realize personal gain through official conduct is a violation of that trust.
It further finds that the people of South Carolina want legislation to
insure that conflicts of interest of public officials and employees be
eliminated to the extent possible and that violations of rules of ethical
conduct be investigated and punished where appropriate. The General
Assembly further finds that based on research of ethics legislation in
other states such this legislation must be drawn in a
manner to prevent the use of such this legislation for
political purposes or to maliciously damage the reputations of elected
public officials and public employees. It further finds that based on
an opinion of the Attorney General dated May 14, 1975, such legislation
must preserve the constitutional right of the General Assembly to judge
the qualifications of its members. To accomplish the purposes
hereinabove enumerated in this section, the General
Assembly has determined to enact the legislation provided for in this
chapter."
SECTION 2. Section 8-13-20(k) of the 1976 Code is amended to read:
"(k) 'Supervisory office' means the State Ethics Commission
for all candidates for public office in this State except for those
candidates for the office of State senator or State Representative, and
means the Senate Ethics Committee for candidates for the office of State
Senator and means the House of Representatives Ethics Committee for
candidates for the office of State Representative;".
SECTION 3. Section 8-13-110 of the 1976 Code is amended to
read:
"Section 8-13-110. There is hereby created the State
Ethics Commission to be composed of six eight
members, one of whom shall must be appointed from
each congressional district by the Governor, upon the advice and
consent of the General Assembly and the chairman of the respective
Judiciary Committees of the House of Representatives and Senate or
their designee from the committee, who shall serve ex officio. No
other member of the General Assembly or other public official
shall be is eligible to serve on the State Ethics
Commission. The terms of the appointed members shall
be are for four years and until their successors are
appointed and qualify except of those first appointed, those members
appointed from the first, third and sixth districts shall be appointed for
terms of two years only. No appointed member of the
commission, including those first appointed, shall may
serve more than two consecutive four-year terms on the commission.
Vacancies shall must be filled in the manner of the
original appointment for the unexpired portion of the term only. The
commission shall elect a chairman, a vice-chairman, and
such other officers as it deems it considers
necessary. Four Five members of the commission
shall constitute a quorum. Members of the commission
shall, while serving on business of the commission,
shall receive such the per diem,
mileage, and subsistence as is provided by law for
members of boards, committees, and commissions."
SECTION 4. The first paragraph of Section 8-13-120(e) of the 1976
Code is amended to read:
"(e) To make investigations with respect to statements filed
with the commission under the provisions of this chapter, and with
respect to alleged failures to file any such the statement
and, upon complaint by any an individual, with respect
to alleged violations of any part of this chapter by any a
public official or public employee except members of the General
Assembly. All such complaints by any an
individual with respect to alleged violations shall must
be investigated by the State Ethics Commission and a determination
made thereon on them. Provided, however, that
However, no complaint shall may be accepted
by the commission concerning a candidate for elective office in the
fifty-day period prior to before any an
election in which he is a candidate, and any complaint filed
against such the candidate which was received more
than fifty days prior to before such the
election shall must be disposed of by the commission
or by dismissal of such the complaint not less than forty
days prior to before the election. The provisions of the
above proviso shall previous sentence do not apply to
complaints received concerning candidates who qualify within fifty days
of an election."
SECTION 5. Section 8-13-610(b) of the 1976 Code is amended to
read:
"(b) No person who is a candidate for public office which is
filled by election by the General Assembly or with the advice and
consent of the Senate or the General Assembly shall
may be voted upon by the General Assembly or either house
thereof until at least ten days following the date on which such
the candidate files a statement of economic interests as defined
in this chapter with the Chairman of the Senate Ethics Committee
and Chairman of the House of Representatives Ethics Committee, as
appropriate State Ethics Commission."
SECTION 6. The first paragraph of Section 8-13-810 of the 1976
Code is amended to read:
"No member of the General Assembly, or elected public official,
regardless of compensation, and no public employee or appointed
official as designated below, regardless of compensation, shall
be is allowed to take the oath of office or enter upon his
duties of employment unless he has filed a statement of economic
interests in accordance with the provisions of this chapter at the office
of the State Ethics Commission, the Chairman of the Senate Ethics
Committee or the Chairman of the House of Representatives
Ethics Committee as may be appropriate. The State Ethics
Commission and the Senate Ethics Committee and House of
Representatives Ethics Committee shall forward a copy of each
statement filed with it to the clerk of court in the county of residence of
the member, official, or employee. If members of the General
Assembly or public officials and employees referred to in this section
have no economic interests as defined in item (g) of Section
8-13-20(g) they shall nevertheless file a negative report to that
effect with the entity with which reports are to be filed. All disclosure
statements shall be are matters of public record open to
inspection upon request."
SECTION 7. Section 8-13-830 of the 1976 Code is amended to read:
"Section 8-13-830. In addition to the statement of economic
interests required pursuant to Section 8-13-810, all persons required to
file such the statements shall further report to
the State Ethics Commission or appropriate legislative
committee the name of any person he knows to be a lobbyist as
defined in Section 2-17-20 of the 1976 Code and knows that
such the lobbyist or the entity he represents has in the
previous calendar year purchased from him, any a
member of his household, or from his business, goods or services in an
amount in excess of two hundred dollars. Gifts from a lobbyist or the
entity he represents in a value of more than one hundred dollars
shall also must be reported at the same time."
SECTION 8. Article 5, Chapter 13, Title 8 of the 1976 Code is
repealed.
SECTION 9. This act takes effect upon approval by the Governor.
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