South Carolina General Assembly
117th Session, 2007-2008

Download This Bill in Microsoft Word format

A10, R12, H3226

STATUS INFORMATION

General Bill
Sponsors: Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe
Document Path: l:\council\bills\bbm\9661ssp07.doc
Companion/Similar bill(s): 69

Introduced in the House on January 11, 2007
Introduced in the Senate on January 31, 2007
Last Amended on March 7, 2007
Passed by the General Assembly on March 20, 2007
Governor's Action: March 28, 2007, Vetoed
Legislative veto action(s): Veto overridden

Summary: Conflicts of interest

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/11/2007  House   Introduced and read first time HJ-276
   1/11/2007  House   Referred to Committee on Judiciary HJ-276
   1/24/2007  House   Member(s) request name added as sponsor: Mulvaney
   1/24/2007  House   Committee report: Favorable with amendment Judiciary HJ-4
   1/25/2007  House   Member(s) request name added as sponsor: Moss, 
                        Bedingfield, Lowe
   1/25/2007  House   Amended HJ-25
   1/25/2007  House   Read second time HJ-26
   1/30/2007  House   Read third time and sent to Senate HJ-23
   1/31/2007  Senate  Introduced and read first time SJ-22
   1/31/2007  Senate  Referred to Committee on Judiciary SJ-22
   2/13/2007  Senate  Recalled from Committee on Judiciary SJ-23
    3/7/2007  Senate  Amended SJ-28
    3/7/2007  Senate  Read second time SJ-28
    3/7/2007  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-28
    3/8/2007  Senate  Read third time and returned to House with amendments 
                        SJ-10
   3/20/2007  House   Concurred in Senate amendment and enrolled HJ-27
   3/22/2007          Ratified R 12
   3/28/2007          Vetoed by Governor
   4/11/2007  House   Veto overridden by originating body Yeas-102  Nays-0 
                        HJ-25
   4/12/2007  Senate  Veto overridden Yeas-37  Nays-0 SJ-6
   4/16/2007          Copies available
   4/16/2007          Effective date 04/12/07
    5/7/2007          Act No. 10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/11/2007
1/24/2007
1/25/2007
2/13/2007
3/7/2007

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A10, R12, H3226)

AN ACT TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, OR OCCUPATION, AND TO DELETE THE REQUIREMENT PROHIBITING AN INDIVIDUAL OR BUSINESS WITH WHOM A PUBLIC OFFICIAL IS ASSOCIATED FROM REPRESENTING A PERSON BEFORE A LOCAL GOVERNMENT ENTITY FOR WHICH THE PUBLIC OFFICIAL IS A MEMBER.

Be it enacted by the General Assembly of the State of South Carolina:

Ethics, prohibition against removing a public official in certain circumstances

SECTION    1.    Section 8-13-740(A) of the 1976 Code, as last amended by Act 6 of 1995, is further amended by adding the following numbered subsections to read:

"(8)    A state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity shall not be required to resign or otherwise vacate his seat or position due to a conflict of interest that arises under this section as long as notice of the possible conflict of interest is given and he complies with the recusal requirements of Section 8-13-700(B). A governmental entity includes, but is not limited to, a planning board or zoning commission.

(9)    Notwithstanding another provision of law, a governmental entity shall not prohibit a state, county, or municipal public official, public member, or public employee, including a person serving on an agency, unit, or subunit of a governmental entity from service in office or employment based solely on race, color, national origin, religion, sex, disability, or occupation."

Representation of another by a county official

SECTION    2.    Section 8-13-740(A)(4) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(4)    A public official, public member, or public employee of a county may not knowingly represent a person before an agency, unit, or subunit of that county for which the public official, public member, or public employee has official responsibility except:

(a)    as required by law; or

(b)    before a court under the unified judicial system."

Representation of another by a municipal official

SECTION    3.    Section 8-13-740(A)(5) of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:

"(5)    A public official, public member, or public employee of a municipality may not knowingly represent a person before any agency, unit, or subunit of that municipality for which the public official, public member, or public employee has official responsibility except as required by law."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of March, 2007.

Vetoed by the Governor -- 3/28/07.

Veto overridden by House -- 4/11/07.

Veto overridden by Senate -- 4/12/07.

__________


This web page was last updated on Wednesday, December 2, 2009 at 3:38 P.M.