A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-100, RELATING TO DEFINITIONS, SO AS TO AMEND "PUBLIC MEMBER" TO INCLUDE A PERSON NOMINATED AND APPOINTED TO A NONCOMPENSATED PART-TIME POSITION ON A BOARD, COMMISSION, OR COUNCIL; BY ADDING SECTION 8-13-1100 SO AS TO OUTLINE RESPONSIBILITIES FOR DISCLOSING ECONOMIC INTERESTS; BY AMENDING SECTION 8-13-1110, RELATING TO STATEMENTS OF ECONOMIC INTEREST, SO AS TO ADDRESS AGENCY REQUIREMENTS FOR FILING DISCLOSURE FORMS; BY AMENDING SECTION 8-13-1170, SO AS TO PROVIDE THAT A PUBLIC MEMBER WHO FILES THE INITIAL STATEMENT OF ECONOMIC INTERESTS WITHIN TEN DAYS AFTER NOTICE FROM THE STATE ETHICS COMMISSION SHALL NOT BE IN VIOLATION OF CHAPTER 13, TITLE 8; AND BY AMENDING SECTION 8-13-1356, RELATING TO FILING DEADLINES FOR ECONOMIC INTERESTS STATEMENTS, SO AS TO PROVIDE WHEN CERTAIN CANDIDATES FOR ELECTIVE OFFICE MUST FILE A STATEMENT OF ECONOMIC INTERESTS.

 

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

 

SECTION 1.  Section 8-13-100(26) of the S.C. Code is amended to read:

 

    (26) "Public member" means an individual nominated and appointed to a noncompensated part-time position on a board, commission, or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services.

 

SECTION 2.  Article 11, Chapter 13, Title 8 of the S.C. Code is amended by adding:

 

    Section 8-13-1100.     (A) Between January 1 and January 15 of each calendar year, each governmental entity must file an Entity Listing form with the State Ethics Commission. This form, prescribed by the commission, must provide the names, addresses, and Statement of Economic Interests filing status for the governmental entity's public officials, public members, public employees, and any additional persons associated with the governmental entity who are required to file a Statement of Economic Interests.

    (B) When a person required to file a Statement of Economic Interests leaves his office, position or employment, his governmental entity shall notify the State Ethics Commission, in writing, within thirty days of the person's name and address and date of separation from the governmental entity.

    (C) When a person is employed by, contracts with, appointed to, or retained by a governmental entity in a position where a Statement of Economic Interests is required, the governmental entity shall notify the State Ethics Commission of the person's name, address and position. The person must also file a Statement of Economic Interests as required by law.

    (D) The State Ethics Commission shall direct communications about the filing, failure to file or failure to timely file Statement of Economic Interests to the person required to file when this information is known to the commission. It shall be the concurrent responsibility of the governmental entity to assure filing and disclosure of economic interests; provided, however, the governmental entity shall not be subject to sanction in matters involving an individual's responsibility to file a Statement of Economic Interests.

 

SECTION 3.  Section 8-13-1110 of the S.C. Code is amended to read:

 

    Section 8-13-1110. (A) No public official, regardless of compensation, and no public member or public employee as designated in subsection (B) may take the oath of office or enter upon his official responsibilities unless he has filed a statement of economic interests in accordance with the provisions of this chapter with the appropriate supervisory office. Persons nominated to a noncompensated part-time position on a board, commission, or council shall file a confidential statement, made public only upon their appointment. If a public official, public member, or public employee referred to in this section has no economic interests to disclose, he shall nevertheless file a statement of inactivity to that effect with the appropriate supervisory office. All disclosure statements are matters of public record open to inspection upon request.

    (B) Each of the following public officials, public members, and public employees must file a statement of economic interests with the appropriate supervisory office, unless otherwise provided:

       (1) a person appointed to fill the unexpired term of an elective office;

       (2) a salaried member of a state board, commission, or agency;

       (3) the chief administrative official or employee and the deputy or assistant administrative official or employee or director of a division, institution, or facility of any agency or department of state government;

       (4) the city administrator, city manager, or chief municipal administrative official or employee, by whatever title;

       (5) the county manager, county administrator, county supervisor, or chief county administrative official or employee, by whatever title;

       (6) the chief administrative official or employee of each political subdivision including, but not limited to, school districts, libraries, regional planning councils, airport commissions, hospitals, community action agencies, water and sewer districts, and development commissions;

       (7)(6) a school district and county superintendent of education;

       (8)(7) a school district board member and a county board of education member;

       (9)(8) the chief finance official or employee and the chief purchasing official or employee of each agency, institution, or facility of state government, and of each county, municipality, or other political subdivision including, but not limited to, those named in item (6);

       (10)(9) a public official;

       (11)(10) a public member who serves on a state board, commission, or council; and

       (12)(11) Department of Transportation District Engineering Administrators.

 

SECTION 4.  Section 8-13-1170(B) of the S.C. Code is amended to read:

 

    (B)(1) The appropriate supervisory office may grant a reasonable extension of time for filing a statement of economic interests.  The extension may not exceed thirty days except in cases of illness or incapacitation.

        (2) A public member who receives written notice from the State Ethics Commission, by certified mail, for failure to file an initial statement of economic interests as required by Section 8-13-1100(C), must file the statement of economic interests within ten days after receipt of the State Ethics Commission's notice. A public member who files the initial statement of economic interests within ten days after receipt of the State Ethics Commission's written notice pursuant to this item shall not be in violation of this chapter. This item only applies to a public member's initial statement of economic interests filing and does not apply to any subsequent statement of economic interests filings by the public member.

 

SECTION 5.  Section 8-13-1356(A) of the S.C. Code is amended to read:

 

    (A) A person who becomes a candidate by filing a statement of intention of candidacy seeking nomination by political party primary or political party conventionAll candidates for elective office not otherwise referenced in this section must electronically file a statement of economic interests for the preceding calendar year pursuant to Section 8-13-365 prior to the close of filing for the particular office.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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