Amend the bill, as and if amended, by striking Section 8-13-410 of the 1976 Code, as contained in SECTION 2, and inserting:
/ Section 8-13-410. (A)
There is created the South Carolina
Commission on Ethics Enforcement and Disclosure composed of the
members provided for in this section.
(B)(1) Two members must be elected by the House of Representatives, neither of whom may be a public official. One member shall serve an initial term of two years and one member shall serve an initial term of four years, the initial terms of these members to be designated by the House when electing these members.
(2) Two members must be elected by the Senate, neither of whom may be a public official. One member shall serve an initial term of two years and one member shall serve an initial term of four years, the initial terms of these members to be designated by the Senate when electing these members.
(C) Four members must be appointed by the Governor, none of whom may be a public official. Two of these members shall be appointed for initial terms of two years each and two of these members shall be appointed for initial terms of four years each, the initial terms of all of these members to be designated by the Governor when appointing these members.
(D) Four members must be elected by majority vote of the Supreme Court, none of whom may be a public official. Two members shall serve initial terms of two years each and two members shall serve initial terms of four years each, the initial terms of these members to be designated by the Supreme Court when electing these members.
(E) The House of Representatives and the Senate when electing individuals to the commission and the Governor when appointing individuals to the commission shall ensure that one-half of the members of the commission they elect or appoint are from the majority party represented in the General Assembly and one-half are from the largest minority party represented in the General Assembly.
(F)(1) The qualifications the appointing or electing authorities shall consider for members of the commission include, but are not limited to:
(a) constitutional qualifications;
(b) ethical fitness;
(d) mental stability;
(f) judicial temperament; and
(g) if the person has contributed to the election campaign of the individual appointing or nominating him to the commission within the previous four years.
(2) The appointing and electing authorities shall make their selections based on merit. However, in making selections to the commission, the appointing or electing authorities shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the commission, and shall strive to assure that the membership of the commission will represent, to the greatest extent possible, all segments of the population of the State.
(3) The following are not eligible to serve on the commission:
(a) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor;
(b) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to an individual who nominated or appointed the person to serve on the commission;
(c) a person who registered as a lobbyist within four years of being nominated or appointed to serve on the commission;
(d) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.
(G) No person shall serve consecutive terms on the commission, except that the members who serve an initial term of less than four years are eligible to serve for a single additional term of four years. Members shall receive no compensation but shall receive the usual mileage, subsistence, and per diem as is paid by law to members of state boards, commission, and committees to be paid from the approved accounts of the commission. Vacancies must be filled in the manner of the original selection for the unexpired portion of the term only.
(H) The chairman of the commission must be elected by the members of the commission. The commission may elect a vice chairman and such other officers as it considers necessary. A majority of the members of the commission shall constitute a quorum. The commission shall adopt a policy concerning the attendance of its members at commission meetings. the commission meets at the call of the chairman or a majority of its members. Members may set their own policy related to the rotation of the selection of officers.
(I) The terms of members of the commission begin on July first of the applicable year and end on June thirtieth of the applicable year.
(J) The commission shall receive such appropriations for its operations and responsibilities as may be provided by the General Assembly in the annual general appropriations act, in addition to the other sources of revenue available to it as provided by law.
(K) Members of the commission while serving on the commission may not make political contributions in any manner prohibited by law and shall conduct themselves in accordance with the Cannons of Judicial Conduct. The provisions of Section 8-13-330(B) and (C) also apply to members of the commission. /
Renumber sections to conform.
Amend title to conform.