Amend the committee report, as and if amended, by striking SECTION 10, beginning on page [1-9] on line 20 and inserting:
/ SECTION 10. Section 8-13-310 of the 1976 Code is amended to read:
"Section 8-13-310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the at-large members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to "this chapter" in Article 3 of Chapter 13 of Title 8 to "this chapter and Chapter 17 of Title 2".
(B)(A)(1) There is created the State Ethics Commission composed of nine eight members appointed by the Governor, upon the advice and consent of the General Assembly. Of these eight members, one member must be nominated by the Senate Majority Leader, one member must be nominated by the Senate Minority Leader of the largest minority party, one member must be nominated by the House Majority Leader, and one member must be nominated by the House Minority Leader of the largest minority party.
One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large.
(2) The terms of the members serving on the State Ethics Commission as of June 29, 2016 shall end on June 30, 2016. A member who is serving at that time and who has not completed a full five year term may be reappointed pursuant to this subsection. The initial appointments shall be made as follows:
(a) one member nominated by the Senate Majority Leader shall be appointed for a three year term;
(b) one member nominated by the House Minority Leader shall be appointed for a three year term;
(c) one member appointed by the Governor shall be appointed for a three year term;
(d) one member appointed by the Governor shall be for appointed for a four year term;
(e) one member nominated by the Senate Minority Leader shall be appointed for a four year term;
(f) one member nominated by the House Majority Leader shall be appointed for a four year term; and
(g) two members nominated by the Governor shall be appointed for a five year term.
The initial members who have served terms that are less than five years are eligible to be reappointed for one full five-year term.
(B) The Governor shall make the appointments based on merit. However, in making appointments to the commission, the Governor shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, 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.
(C) The following are not eligible to serve on the State Ethics Commission:
(1) a member of the General Assembly;
(2) a former member of the General Assembly within eight years following the termination of his service in the General Assembly;
(3) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor;
(4) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the Governor;
(5) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the legislator who made the nomination for the person's service on the Commission pursuant to subsection (A);
(6) a person who registered as a lobbyist within four years of being nominated or appointed to serve on the State Ethics Commission;
(7) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.
The Governor shall submit the appointments for the State Ethics Commission to the General Assembly simultaneously for the initial appointments and for the terms thereafter. This shall not apply to appointments made to fill a vacancy for an unexpired term.
No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission.
The Governor shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina.
(C)(D) The terms of the members are for five years and until their successors are appointed and qualify. The members of the State Ethics Commission serving on this chapter's effective date may continue to serve until the expiration of their terms. These members may then be appointed to serve one full five-year term under the provisions of this chapter. Members representing the first, third, and sixth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1991. Members currently representing the second, fourth, and fifth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1993. The initial appointments for the at large members of the commission created by this chapter must be for a one-, two-, or three-year term, but these at large members are eligible subsequently for a full five-year term. Under this section, the at large members of the commission are to be appointed to begin service on or after July 1, 1992. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Members of the commission who serve less than a full five-year term may be reappointed for one full five-year term. Members of the commission who have completed a full five-year term are not eligible for reappointment. A member shall not serve on the commission in hold-over status after the member's term expires. An appointee shall not serve on the commission, even in interim capacity, until he has been confirmed by the Senate and by the House of Representatives.
(D)(E) The commission shall elect a chairman, a vice-chairman, and such other officers as it considers necessary. Five members of the commission shall constitute a quorum. The commission must 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 of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as is provided by law for members of state boards, committees, and commissions." /
To further amend the amendment, as and if amended, by striking SECTION 77 on page [1-57], lines 19-22 and inserting:
/ SECTION 77. The provisions of PART II (General Provisions), PART IV (Rules of Conduct), PART V (Disclosure of Economic Interests), PART VI (Campaign Practices) and SECTIONS 74, 75 and 76 are effective upon the Governor's signature. /
To further amend the amendment, as and if amended, by striking SECTION 79, lines 25-27 on page [1-57] and inserting:
/ SECTION 79. PART III (Ethics Committees) are effective as of July 1, 2016 and shall apply to complaints filed on or after July 1, 2016. However, the provisions in Section 8-13-310 regarding the selection of members of the State Ethics Commission and the termination of terms of the members serving on the commission as of June 29, 2016 take effect after the date of the Governor's signature in order to have the initial members of the reconstituted State Ethics Commission begin service on July 1, 2016. The State Ethics Commission, House Ethics Committee, and Senate Ethics Committee shall maintain jurisdiction over all open complaints and investigations pending in the appropriate entity on or before June 30, 2016. The reconstituted State Ethics Commission shall have jurisdiction over open complaints and investigations pending within the State Ethics Commission as of June 30, 2016. /
Renumber sections to conform.
Amend title to conform.