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H. 4891
STATUS INFORMATION
General Bill
Sponsors: Reps. Bannister, Coleman, Brantley, Whipper, Bedingfield, Leach, Davenport, Bowen, Brady, Cato, Delleney, Gambrell, Hamilton, Littlejohn, Mahaffey, Rice, Sandifer, Shoopman, Simrill, G.R. Smith, Spires, Thompson and Young
Document Path: l:\council\bills\ms\7565ahb08.doc
Introduced in the House on March 26, 2008
Currently residing in the House Committee on Judiciary
Summary: Public officers
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/26/2008 House Introduced and read first time HJ-19 3/26/2008 House Referred to Committee on Judiciary HJ-19
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-25 SO AS TO CREATE THE OFFENSE OF FALSE STATEMENTS OR WRITINGS BY PUBLIC OFFICERS OR EMPLOYEES RELATING TO THE PROCUREMENT PROCESS, TO PROVIDE A PENALTY, AND TO PROVIDE EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 8 of the 1976 Code is amended by adding:
"Section 8-1-25. (A) Notwithstanding another provision of law, any public officer, agent, servant, or employee in an office of the State or county or any of its boards, bureaus, departments, commissions, or other governmental bodies who knowingly and wilfully falsifies, conceals, or otherwise covers up a material fact related to the procurement process, makes a materially false, fictitious, or fraudulent statement or representation related to the procurement process, or makes or uses a false writing or document knowing it to contain any materially false, fictitious, or fraudulent statement related to the procurement process is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(B) The provisions of this section do not apply to a party, or the party's counsel, in a judicial proceeding.
(C) The provisions of this section apply to a matter within the jurisdiction of the General Assembly only in an:
(1) administrative matter including, but not limited to, a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation submitted to the General Assembly or an office or officer within the General Assembly; or
(2) investigation or review conducted pursuant to the authority of a` committee or subcommittee of the General Assembly consistent with the relevant rules of the appropriate legislative body."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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