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.